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OUR HOME HAS BEEN STOLEN

Anyone out there that has been affected by injustice in the courts of Spain should understand the fundamental differences between civil and criminal cases as relating to the Spanish Constitution

THE NIGHTMARE CONTINUES
30 December 2010 @ 03:53

 Hi Ads,

Thanks for your response dated 22nd December and kind words of sympathy.  We have just learnt that the judge who has wrecked our lives has now left Estepona court and her replacement is due to arrive in the New Year. This judge will have 10 days to install herself before hearing any cases, then at the end of January will be leaving for another circuit. The judge is allowed 10 days prior to leaving to put outstanding matters in order – consequently the judge´s power in Estepona will only last 10 days – just how ridiculous is this !!! – A new judge will arrive in February and after his or her first 10 days will might be able to put demands in for the answers to our original oppositions entered on the 2nd September and the 25th October to which we still have not even received official recognition of existence.

Referring to my case – so many  people find it hard to believe and are convinced there is some facts not being revealed – this is certainly not the case – what is a fact is the gross injustice perpetrated by the Estepona Court House .

In its simplest form to understand this disgraceful legal incompetence - this is what needs to be considered.

My wife was taken to court by the Nominees of my company to have her removed from my property on the grounds that her tenancy arrangements established between her and I had come to an end. In 2007 the lady judge in Estepona saw in favour of my company, acting under the direction of my nominees as plaintiff, and order her eviction. This was appealed before Malaga Appeal Court where the eviction of my wife was upheld, however the Appeal Court Judges reviewing all the evidence and with a good understanding of the complications of fiduciary law, identified correctly that I was in fact (using their words)  the “authentic” owner of the company and therefore the owner of the property in litigation (the property I built under the name of my company and have lived in with my wife and family since 1986). The Appeal Court issued a supplementary sentence stating that in this particular case against my wife, I could not and should not be removed. 

When these sentences arrived at Estepona  for preparation of execution sentence, unauthorised changes were made to include myself to be evicted from the property. This “altered” sentence was issued on the 8th June but took seven weeks to travel the 4 kms to my home, arriving on the last day of July half an hour before the courts were closing for summer. Our first opportunity to enter opposition against these unauthorised changes was the 2nd September (29th Decemeber, we still have not received either acknowledgement or answers. When the eviction date arrived on the 19th October – it was not the court orders of Malaga Appeal Court that ordered my entire family from our property – it was the local police under the orders of the lady judge (not the same lady judge as the first hearing – this one has only served six months at Estepona and evidently knows nothing about upholding the laws or respecting sentences from higher courts) Possession was lost in that moment.

An immediate appeal was entered after the eviction for explanation as to why the orders of Malaga had not been respected- needless to say this too, has not been acknowledged or responded to. We cannot appeal back to the higher Appeal Court of Malaga until Estepona Court answers in the first instance – so we are caught in a “catch 22”. Once they finally answer, which undoubtedly will be in the negative – we will then have the opportunity to appeal to Malaga where hopefully they will re-insist on their sentences being upheld and very possibly order a reversal of the eviction against me and my reinstatement into my property. In the meantime my gardens are being bulldozed with trees planted during the last twenty five years being uprooted, garden beds destroyed. And added to this vandalism has now shown its ugly head by having two external doors smashed in and brand new windows and their frames cut out and stolen, pipes cut and the main water heater stolen – with all the digging and destruction of the gardens and now window and door openings boarded up – our beautiful home of twenty five years in resembling an abandoned property and just inviting vandals to do their business. It is so pitiful to think that just three months ago we, as a family of 8 through three generations were living in a our beautiful home with the most exquisite gardens, all in perfect condition. And now, because of a reckless illegal decision by a stupid, irresponsible judge with no experience of matters before her and ignoring orders from a higher court,  has destroyed our  dreams, our future, broken up our family and allowed our 2,000,000 euro home to be legally stolen by a ruthless, Gibraltar based bank that has never had an interest in it, never visited it, never provided a mortgage for it, has no registered charges against it – Maybe it’s my imagination but could a bank really stoop so low as to “influence” the judge in some way ???????

Anyone picking up on these comments and wondering what this is all about please read a fuller account of this terrible nightmare on two earlier blogs :-

“OUR HOME HAS BEEN STOLEN” dated 27th November

“UNIMAGINABLE INJUSTICE IN SPAIN”  - “JUDGE ORDERED MY HOME TO BE STOLEN” dated 15th December

I would welcome any constructive comments, especially from any lawyers that can explain the ways in which justice is administered in Spain and where is one´s rights to defend themselves and protect their property; especially against a judiciary where even the judges fail to respect the laws they are supposed to be upholding

Any relevant comments can be directed to me directly at   peterestepona@hotmail.com

Peter - Estepona

Peter2010



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6 Comments

Faro said:
30 December 2010 @ 12:16

why is this not before the Gibraltar courts where there is an understanding of trustee relationships?

Do you not have a signed deed or declaration of trust and a blank signed stock transfer form which is the norm in these situations.

The Gibaltar registered company clearly owns the property but the ownership of the company must surely be resolved in Gibraltar.




Faro said:
30 December 2010 @ 12:17

why is this not before the Gibraltar courts where there is an understanding of trustee relationships?

Do you not have a signed deed or declaration of trust and a blank signed stock transfer form which is the norm in these situations.

The Gibaltar registered company clearly owns the property but the ownership of the company must surely be resolved in Gibraltar.




Peter2010 said:
05 January 2011 @ 12:10

You are absolutely right. The hub of the problem does indeed lie in Gibraltar and you are absolutely right - the courts do indeed understand fiduciary law – particularly relating to companies owning assets in other jurisdictions and where the designed element of anonymity to protect the Settlor and Beneficiary is a paramount principal. The problem is civil litigation in Gibraltar is expensive and no legal aid is available to non-residents of Gibraltar. Of course I have retained lawyers in Gibraltar and the estimated cost of taking this bank to court would be in the region of 50-100,000 pounds with no guarantees of success. One has to bear in mind, that an outsider taking a Gibraltar bank to court in Gibraltar to be adjudicated by Gibraltarian judges where the defendant is an entity that produces millions towards Gib´s economy, the prospect could be precarious. In the event the bank, with their disproportionate availability of funds to defend themselves, were to create an element of doubt in the judge´s mind and I was to lose – I would be ordered to pay the bank´s costs in addition to mine as well as court costs which could see the final expense of such an exercise comfortably exceeding a quarter of a million pounds.

On the matter of the “Deeds of Trust “ and the pre-signed transfer documents. These documents indeed prove exactly who is the “real” owner of the company and consequently the owner of the assets held. If this was a respectable bank these should have been supplied and were agreed to be supplied against the surrender of POA back in 1990.

Despite my voluntary surrender of valid POA, the Trust Deeds never materialised, despite numerous requests over the years. Deeds of Trust are not registered in Gibraltar and neither are the Beneficial owners of companies. It is now 20 years on that I really need these documents but of course the bank will not admit my ownership. However, circumstantial as well as documentary evidence was provided to the Audiencia Provincial de Malaga (Appeal Court) where they were able to identify me as (in their words) the “authentic” owner of my company and therefore the owner of the property in litigation and, furthermore , could not be evicted from my property. Our problem is the local judge who has chosen to totally ignore the directions of a higher court. Had she obeyed the instructions of Malaga Appeal Court, I would still be residing in my home. Of course appeals and opposition arguments have gone in, but legal protocol in Spain dictate that the route of appeal must proceed primarily to the first issuing court. Only after deliberation and response can we move on the Malaga – and no time limit exists as to how long the local court has to deliberate. Independently, I entered an official complaint (Queja) ,to the Consejo General de Poder Judicial in Madrid asking why the local judge failed to uphold the sentencing from Malaga – the response to which showed no study of the duplicated evidence sent through and certainly no answer to the questions raised. I now have to request again fuller study of evidence questions and my present predicament.

We have to understand the bank we are dealing with has a criminal history, being fined last year (2010) 1,700,000 euros by the Supreme Court in Madrid for failing to provide information on money laundering cases. On a separate issue, their parent bank was ordered to pay back over 100,000,000 euros to customers who were irresponsibly sold investment products; much of which sold by their subsidiary in Gibraltar. The very Managing Director of this bank in 1990 and who was first subscribed as my nominee and who gave me the promise of delivery of Trust Deeds against exchange of POAs was himself dismissed from the bank after the discovery of his criminal misappropriation of over 71,000,000 pounds. All in all, this is not a bank you want to have legal battles with. Unfortunately, I have no option.

Peter2010



FARO said:
07 January 2011 @ 12:48

Thanks for the update.

But I cannot help but think there is more to this than we are being told or that there is something very unusual about this structure or arrangement or subsequent events.

But I would have more trust in Gibraltar law than Spanish law.


nick said:
04 May 2011 @ 12:03

can anyone offer any help, I ahve been fighting for my daughter for 3 years and have had to face many faulse charges of abuse and so called violence. I have and are still facing court cases, I have in turn denounced my ex wife 29 times for breeching the court order. Only to be told that the charges expire within 6 months. She has escaped justice becuase the imcompetent Estepona court has failed to bring the cases in to court withing the set timeframe. I am alone and fighting injustice. My lawyer tells me she has done all she can and that the system is responible for this. I have also subbmitted 5 child protections orders in 12 months, none have been turned away but none have come to court. I am desperate. My daughter is suffering at the hands of a maniac and I have done nothing wrong.

please someone help me if you can.

any advice is welcome djmassemass@yahoo.co.uk

Thank you in adavence.......


nick said:
04 May 2011 @ 12:03

can anyone offer any help, I ahve been fighting for my daughter for 3 years and have had to face many faulse charges of abuse and so called violence. I have and are still facing court cases, I have in turn denounced my ex wife 29 times for breeching the court order. Only to be told that the charges expire within 6 months. She has escaped justice becuase the imcompetent Estepona court has failed to bring the cases in to court withing the set timeframe. I am alone and fighting injustice. My lawyer tells me she has done all she can and that the system is responible for this. I have also subbmitted 5 child protections orders in 12 months, none have been turned away but none have come to court. I am desperate. My daughter is suffering at the hands of a maniac and I have done nothing wrong.

please someone help me if you can.

any advice is welcome djmassemass@yahoo.co.uk

Thank you in adavence.......


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