A widowed pensioner's dream of life in the sun in Spain has turned sour because of a legal dispute that has left her fearing she will lose her home.
Anita Mozley, 74, told Derbyshire Live she is being continually threatened with repossession and harassed by debt collectors, leaving her scared to even go out of her property. The builders of her apartment launched the repossession action despite her and her late husband Geoff buying the property outright for 113,000 euros in 2006.
Mrs Mozley obtained a court order in 2018, which has been seen by Derbyshire Live, certifying her purchase of the property. She says four nearby properties whose owners did not go to court had been repossessed in the past year
Mrs Mozley said she and her husband, who died of leukaemia aged 69, began to pursue their retirement dream when they attended a property exhibition in Derby in 2005. The couple, from Brailsford, Derbyshire, decided to purchase a home in the village of La Murada outside Orihuela city in the province of Alicante.
The home was purchased via a company called Atlas which has since dissolved. Mrs Mozley said: "We then went on a paid property viewing to Spain with Atlas and found an apartment to purchase.
"We paid a deposit of £2,121.57 and more instalments over the next nine months to Atlas and solicitors Aroca Seiquer & Asociado arranged the purchase. In February 2006, we signed for the purchase of our property together with a representative from Atlas and our solicitor.
"We paid the last €5,7711.25 by bank draft to the builder. My solicitor told me the deeds would be sent to me. I contacted my solicitor as I had still not received the deeds and was told they would look into it and send them to me. This went on for some time. I tried to contact them again over the coming months as I had not heard anything, but they would not take my calls or return my messages.”
In 2018, Mrs Mozley says, she had to go to court at a cost of €20,000 as the builder of her home aimed to repossess the house. She said: “The court found in my favour and said that the builder had to be found and brought to court before any repossession proceedings could take place."
She says she fears losing everything she and her husband worked for over the years. The couple would have celebrated their 53rd wedding anniversary this month.
She said: “A few weeks ago I had a young man visit me. I wasn’t here at the time so he left a piece of paper on my shoe rack outside the front door.
"Then a few weeks ago a man appeared at my door. I asked him who he was, he said he was from the debt collector, but he didn’t even know my name or anything.
“I didn’t owe any money whatsoever so I asked him to wait and closed the door while I waited for a gentleman who lives round the corner to interpret for me. The debt collector gave me a letter with phone numbers on it. He didn’t know anything about my court order.
“It wasn’t until a couple of weeks later that I contacted them. Then I got a call back from the manager of the debt company. He didn't know anything about the court order. I don't think they really know what the situation is, that's my feeling.
“My hope is that they don't know what to do with me. It’s dreadful. I’m quite a strong independent lady, I don’t want any money from anybody. I just want my home. I want to live in it until they take me out in a box.
“I am scared and feel very vulnerable and harassed. I don't know where to turn and nobody seems to be able to help me. This situation is making me ill and I am getting scared of leaving home in case anything happens when I am not there."
A spokesman for Spanish property specialists Atlas International said: “Unfortunately, the company that would have dealt with this client in 2006 and shown the property has now closed but the law firm that they would have been instructed to have been present for the signing of the title deeds is still working."
A spokesperson for law firm Aroca Seiquer & Asociados said: “We are unable to make any comment about any potential clients, current or past, in accordance with the Data Protection Act."
For more stories from where you live, visit InYourArea.
