Still in self-imposed captivity
01 February 2011
Published at 15:37 Comments (1)
Still in self-imposed captivity
For anyone who may still remain interested in our situation and our ongoing fight for justice here in Spain will be interested to know that I am still in self-imposed captivity within my own house. I am still living on the outside covered terrace where I have remained for nearly three weeks. The gates are padlocked from outside and security fence now encloses the entire property. The bank, in their perverted way of believing they own my property, have sealed the house, installed security lights and CCTV cameras to monitor activity outside the property. The first 10 days were bitterly cold but I managed to block off some openings with industrial plastic sheeting and that kept the elements at bay. A butane gas heater was brought to me along with a generator and microwave, so for the moment, and with better weather, I´m quite comfortable. I am also able to use my laptop and have a “dongle” to provide me access to internet and talk with the family via Skype.
The reason I am still remaining, is to provoke the bank into taking action against me for illegally entering a property they believe is theirs. This is what they have expressed to my Spanish lawyer. Until I am ordered to by a court I will not be leaving – I desperately need this opportunity to demonstrate that the property entered into is mine, I will then be able to produce all the court sentences that state, in no uncertain terms, that I am the owner of my company and in consequence the owner of this property, and that this bank are merely the administrators of my company with no legitimacy of ownership. This is the whole crux of this terrible miscarriage of justice. I have been removed from my property, that I built and lived in with my family for 25 years with no debts, mortgages or registered charges whatsoever either in Spain or Gibraltar where the company and the bank are domiciled.
Unfortunately, the delays and non cooperation of the courts of Estepona, which saw the injustices perpetrated against me and my family in the first place, are now acting against the bank who want to get a speedy case against me. So, I too have to wait, forever I suppose. Still spring is on its way !
I am resilient and I will not be leaving. A lot of my time is taken up writing a daily journal of events and reflections on this eighteen year long nightmare. This has already reached over 20,000 words. When I get to 100,000 words perhaps I should look for a publisher !!
Anyone wishing to contact me directly is welcome to email me at firstname.lastname@example.org
UNFORTUNATE TIMING AND FURTHER CATASTROPHE
16 January 2011
Published at 21:08 Comments (2)
Anyone following our epic long nightmare and the unimaginable injustice in Spain we, as a family have been suffering, with our home being stolen on the orders of the local judge in Estepona awarding possession of my property to a ruthless evil bank in Gibraltar, who has never even been to the property let alone owning it and despite sentences from the Appeal Court of Malaga overriding the locally concocted sentence, ordering the recognition of me as the owner and that I cannot be removed from my property I built and have lived in with my family for 25 years, may be interested to know what has now happened.
Without going over everything again, anyone new to my story should acquaint themselves with my earlier blog comments on this site with the blogs home “ Our home has been stolen” (27th
November 2010) and “Unimaginable injustice in Spain” (15th
December 2010). Or alternatively email me directly on email@example.com
and I will send as appropriate any missing comments or facts of the case.,
After months of waiting for our legally submitted appeals and oppositions to be heard in court – nothing has been forthcoming – not even acknowledgement from the courts – principally this is because legal protocol requires all appeals and oppositions to be first heard in the first instance presiding court – in this case, Estepona - the very court that has created all the injustice and pronounce wrongly; obviously they are not too enthusiastic about addressing their own irregularities – apart from the fact that Estepona is recognised as the worst court in Andalucia (ask any lawyer !!).
During the time we have been away from our home, the bank, solely on the basis of a provisional execution of sentence, has contracted the services of a property maintenance company firstly, to remove the remaining items of furniture and private possessions from inside our home, creating a mountain in the driveway, whereupon they were systematically and mechanically crushed, loaded into a truck and sent away for disposal (photos available). The almost 5,000 m2 of landscaped gardens has been transformed by a bulldozer digging up garden beds, uprooting trees, all of which I planted personally during the 25 years we have lived in the property. In the bank´s own interests of security this maintenance company has enclosed the entire perimeter with a two metre high security fence with barbed wire to prevent entry. The absence of any occupants in the property has left it vulnerable to attack, and sure enough it has been broken into twice where two outside doors have been smashed, windows and their frames have been removed along with the two boilers that provided hot water for the property. (In twenty five years we never experienced and burglaries or any kind of illegal entry ! and without a security fence !).
It has become evident that this bank is hell-bent on selling my property before real justice can be served and my property returned to me as the rightful and legal owner. On Thursday 13th January, it became obvious the works of closing the last sections of perimeter fence were upon us and the possibility of me entering the plot freely would be terminated within a day or two. At 7.00 pm I organised a Notary Public to accompany me the following day Friday 14th to enter the property unopposed, freely without violence or intimidation, without breaking or damaging anything and to assert my claim that I was repossessing my property. This was duly done at 8.45 am. When the workers arrived I may clear my intentions of not leaving the property where immediately their boss was phoned – I knew in that moment the sh*t was about to hit the fan!! I was now in the property –unfortunately, not the actual house but the property (In Spain the property is everything within the limits of its boundaries). Messages were being rapidly relayed to the boss of the maintenance company, on to the Bank´s sub-contractors, on to the bank and then back down to the bank´s lawyer who then phoned one of the workers asking to speak with me directly. This break in protocol was accepted by me and so I took the call from the other side´s lawyer. “why have you illegally entered the property- you have broken the law” to which I replied I had entered freely and without resistance etc.etc. “but you have still broken the law and this is still illegal entry” when I pointed out that I was accompanied by a Notary Public and an “Acta” was being raised in this moment his tone changed. “in that case I am inviting you to leave the property peacefully ” to which I declined his invitation whereupon he announce his intention to advise the police and bring them with him to my property; “fantastic” was my reply “how soon can they come” to which he indicated he would also advise the court “this is even better news, in fact it´s the best news I´ve had for some time – try and get whoever here as quick as possible, I´m waiting and I want justice” somewhat surprised the lawyer terminated the call.
In order to make my stay comfortable I had subsequently asked my two heavily pregnant daughters to help bring over some of life´s necessities – an inflatable mattress, sleeping bag, towels, washing items, cool box, cups, glasses, knive and fork, plates and bowls, mugs and a selection of food necessary for my immediate needs. My wife, the sole person genuinely name within the eviction petition, for obvious reasons, declined to attend for fear of arrest.
At 3.45 pm the Bank´s lawyer arrived at the front gate, needless to say, without a police accompaniment – “where are the police” I immediately asked, “I have come here to invite you to leave the property peacefully and without resistance” to which I replied “I should like, again, to decline the invitation, I intend to stay until justice is served” - “of course you realise there will be consequences by you declining my offer” to which I responded “the only acceptable invitation to leave will be when it comes from a judge telling me I do not own my property and that I have no entitlement to remain - only then will I leave” this lawyer somewhat perplexed, I asked “why did you take a case against my innocent wife , who is now so ill over the whole affair and is presently under psychiatric treatment – did no one have the balls to take the case against me – the one everyone supposedly has the problem with” to which he made the most absurd statement “you told the court your wife lived here alone and that furthermore you were divorced ” - “WHAT, what the hell are you saying this is absolute lies” I immediately called my daughter over and asked him to repeat exactly what he had said in front of my daughter as a witness ; his lips remained shut after several further requests for him to repeat his statement, I said “you call yourself a lawyer, you make an untruthful statement and haven´t got the ¨cojones¨ (Spanish for balls) to repeat what you have just said in front of a witness”. I then drew his attention to the fact that the sentences from the Malaga Appeal Court had clearly identified me as the owner of my property and the instructions that, in this case of eviction, I cannot be removed and that additionally I had been absolved of all pretensions derived from the eviction case – “ ah but this is Estepona and we obey the courts of Estepona who ordered everybody out of the property, not Malaga” to which I answered “but are you telling me that the higher provincial court of Malaga´s sentences are overridden by the local first instance court of Estepona” to which he repeated “ I have already said, this is Estepona and we obey the courts of Estepona” how ridiculous and totally illegal - after a few more niceties he left visibly perspiring, presumably to get the police.
An hour or so later the National Police arrived at my property simply to take the names and details of persons present. When they enquired as to what this was all about and an explanation was given with the offer of showing them the relevant sentences etc, they were equally confused as anyone coming into contact with this whole case – they left us alone, my daughters and son-in-law outside the property and me locked inside behind the iron gates not knowing whether any charges are being brought or not.
As night fell my son-in-law and my two daughters bid me goodnight with a kiss through the railings to return home to their own respective young daughter being looked after by my other son-in-law.
Being unable to enter the house without breaking something – which could put me in trouble before proceedings are issued, I was forced to “set up home” in a corner of the covered terrace, quite cosy and somewhat protected from the elements. Once the inflatable mattress was up, topped with a colourful double sleeping bag, pillow, two fold up chairs, candles in bottles etc. my adventurous spirit was starting to kick in. I read the newspapers SUR in English and Euro Weekly did a Sudoku had a bite to eat and was ready for sleeping at the unearthly early hour for me 10.00 pm . It had been an eventful day and I really was so tired. My mobile phone awoke me with a call from my eldest daughter asking whether I had had a goodnight´s sleep and was warm enough through the night – I thanked her for all the help she had given the day before but was unaware of what news I was about to receive within the hour. At 9.15 my other daughter called to say that her sister had gone into labour, a week before the due date ; it appears that all the activity of the day before and attached emotions had triggered the onset of labour. At 6.15 pm our third grand daughter was born, and I was locked in my own property unable to see our daughter or glimpse a view of our newest arrival. It was just twenty four hours before I had kissed my daughter goodnight through the railings. Apparently she had started labour pains at 1.00 am and when she spoke to me at 8.15 didn´t want me worrying about her condition.
It is now 8.00 pm Saturday 15th January – a day I will never forget. Self-imposed imprisonment within my own property being unable to be with my daughter, see my new grand daughter and the rest of the family, all in the interests of seeking justice in Spain and the return of what is rightfully mine makes me very sad.
As I have no fixed telephone line where I am, least of all internet. My only means of communication being by mobile phone or visits from the other side of the gate, I have to write on my laptop and save to pen-drive for uploading by another member of the family so dates of submitting may vary.
15TH January 2011
THE NIGHTMARE CONTINUES
30 December 2010
Published at 04:47 Comments (0)
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 on firstname.lastname@example.org
Peter - Estepona
Judge ordered my property to be stolen
15 December 2010
Published at 15:26 Comments (12)
Seven weeks ago I had my 2,000,000 euro home stolen from me through a very simple civil action where false and misleading evidence was entered into court and worst of all accepted as the truth by the lady judge. A ruthless Gibraltar Bank have used my property owning company to circumvent their own limitations to settle a claimed dispute dating back to 1993 originating in Gibraltar, by coming into Spain to seize my property with the help of a civil justice system that permits prosecution evidence to be entered but denies the defendant the right to oppose, or produce contrary defence evidence if the judge so decides.
But what is more horrifying is that no case was brought against me, no accusations made of illegal occupation levelled against me, no opportunity for me to appear before a judge to defend myself and yet this lady judge took it upon herself to have me abandon my home with one hour´s notice. This is a home I built in 1985 and have lived in with my family for the last 25 years. There are no mortgages, liens, encumbrances or any charges registered against the property. Despite instructions from a higher court, recognising me as the “authentic” owner of my company and in consequence the owner of my property, and furthermore stating that I could not be removed from the property – this local lady judge decided to ignore these higher court orders and instructed the local police to have me removed from my property and possession given over to this bank. A bank with a record of misconduct, associated to criminal activity, bankers for Mr Mugabi´s business associate and many other dubious customers – just this year alone they were fined 1,700,000 euros by the Spanish Supreme Court for its involvement in a money laundering case and previous to this, it´s head office was ordered to repay over 100,000,000 euros to customers that they falsely sold investment products to . And even earlier than this, an ex-managing director of this bank absconded with over 71,000,000 pounds (yes seventy one million pounds) most of which, to be used in fraudulent land deals on the Costa del Sol. And yet the judge believed the lies and deception this bank had to offer. If this all sounds like “irregularities” within the local justice system then you will sympathise with the horrific predicament I find myself in which has destroyed my marriage, broken up our family of eight that lived together (two daughters, their Spanish husbands and two granddaughters) and put my poor wife under medical supervision.
Unlike the legal systems of Britian and most other civilised countries, the presumption of innocence does not exist in Spanish civil law. Use of available defence evidence can be denied in civil cases, right of protection by the courts and judges can also be denied in civil cases. Despite entering defence evidence, the power to consider whether it can be acknowledged lies with the judges alone, not statutes or other legal obligations as would be provided in criminal law or British civil law. A local judge if he, or she so chooses, can ignore higher court rulings and can impose their own sentencing without being questioned or disciplinary action being taken against them.
Anyone may be forgiven for believing that fair justice is a right in civil cases in Spain. Civil Law in Spain does not provide citizens with the provisions enshrined within the Spanish Constitution art. 24 Nos. 1 & 2. These conditions are only available for criminals or suspected criminals and form part of the penal code – not civil code.
If anyone has had a similar, inhumane, horrifying experience or any lawyer of legal specialist can prove my statements about the justice system to the contrary, and would perhaps like to help me in my fight, I would very much like to have urgent contact with them.
Peter – Estepona
I can be contacted on email@example.com
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