24 HOURS LEFT: SIGN THE OPEN LETTER TO DAVID LIDINGTON

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31 May 2011 00:00 by ruth Star rating in on a hill in rural L.... 122 posts Send private message

 

There are just over 24 hours to go before I close the petition.
 
 
Please, if you haven’t signed yet, do so as soon as possible. The petition needs to reach David Lidington this week. It will be sent directly from the web followed by a paper copy.
 
 
A big thank you to those who’ve lent their support. Let’s hope that the present UK government, through David Lidington, will take notice of our concerns and act accordingly. He needs to know that now is not the time to be promoting Spanish property, but it is the time for Spain to clean up its act so that property can be bought and sold in Spain without fear or favour. How else to build up trust within the European Community? How else to promote trade? How else to build a strong economy?
 
Mr. Lidington could begin by concentrating on 2 elements, suggesting to his Spanish counterparts that they:
a) Tighten Law 57/1968 to ensure that bank guarantees are issued, honoured and enforced.
b) Set up fast-track courts to deal solely with property issues thereby tackling the backlog of cases and ensuring that this kind of thing never happens again.
 
As I write there are 998 signatures on the petition. Once again – thanks to all of you who signed.
 
ruth
 
 
http://www.gopetition.com/petitions/stop-the-spanish-property-roadshow-open-letter-to-davi.html


 



This message was last edited by ruth on 31/05/2011.



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31 May 2011 03:22 by growler Star rating in Birmingham & Benejúz.... 148 posts Send private message

Ruth, I was going to sign via the link provided but I notice you've ended the letter by saying "the undersigned have all been financially and/or physically damaged by the stress experienced in attempting to purchase property in Spain over the last decade."

I take it from this that you don't want people who agree with you to sign it, unless they've personally had their fingers burned (so to speak)?

 



_______________________
Kind Regards..Pat



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31 May 2011 10:10 by ruth Star rating in on a hill in rural L.... 122 posts Send private message

 

I notice that several people have signed the petition who say that they would, or do want to, buy a property in Spain but who will not do so until justice is seen to be done in Spain. In the context of this petition I think this is an appropriate message to send and only emphasises the points I am trying to make. 
 
So please, Growler, and anyone else in the same boat, add your names. You are welcome.

 

ruth





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31 May 2011 20:09 by ads Star rating. 1637 posts Send private message

Well done Ruth.

Just some observations about the lack of accountability in Spain.

I and others have been debating on EOS ad infinitum about the delays within the justice system over the past few years (if not more!) and their impact on the ACTUAL implementation of justice, and how illegal asset stripping, just as one example,  has been used to avoid accountability.

The immediate protection of assets at the point of successful judgement is all in this scenario. As far as I am aware it is illegal to asset strip once an enforcement order has been petitioned (after successful judgement). Is this correct Maria?

The problem arises therefore where an enforcement order is petitioned but not issued due to major court delays (sometimes years!), and in the interim the offending party asset strips in order to avoid accountability.

Under this scenario the Spanish justice system has therefore ultimately compromised all too many people who have followed this legal route, when assets were available at the time they won their legal judgements, but have been denied their rights specifically due to delaying implementation of the legal processes in place to protect the purchaser. Isn’t that correct Maria? 

This without doubt appears to be the crux of the matter, and the more people that come forward to demonstrate the injustice relating to this lack of accountability in Spain through the existing justice system that is in complete disarray, the LACK OF TIME CONTRAINTS on the legal processes to protect the fair application of law, the lack of commitment by the Spanish Government to address these BASIC requirements for a fair, workable, effective justice system in Spain, has to be stressed. And not just stressed to those caught up in this nightmare, but also to ALL potential purchasers in Spain. Only when this form of pressure on the Spanish Government is in place from all quarters (including the legal professionals), will the Government ever respond to this vital issue and the requirement for fair and adequate compensation.

No longer can it be falsely claimed that responsibility lies with the consumer. Injustice is now occurring at a phenominal rate as a direct consequence of an incompetent system of justice in Spain .

Only when we get this message across to the wider media, of the government’s failure to provide consumer protection (via Ruth's petition etc), with a justice system that fails to protect assets in the interim, can it ever be claimed that Spain has a transparent, fair and workable system of justice.

The other option alongside this, is to look to the EU parliament, identify this lack of rights within a member state and call for a compensation fund to be established (taken from Spain's EU contributions). This to date has been questioned by the implication that Spain has a justice system in place to effect the law............ but NOT SO as things stand I'm afraid. And sadly we all bear witness to this.

So we have to present the facts to prove that this is the case. There is no competent, and I stress that word, competent, system of justice in place to effect the law in Spain and thereby ensure adequate protection to EU citizens, so long as these abusive delays with no time contraints in place and all related accountability issues in Spain remain unresolved.

We have to work together on this and push and push and push (boring this isn't it?) for an effective and accountable system of law in Spain. Prove to the media, the EU parliament, the Spanish Government, our own Government, whoever, that this status quo cannot remain and places all at risk in the interim AND IN THE FORSEEABLE FUTURE.

Until it is proven that the law will be upheld and recompense/compensation is forthcoming according to the law, then we have to keep stressing the message BUYER BEWARE.

 





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31 May 2011 23:36 by ruth Star rating in on a hill in rural L.... 122 posts Send private message

 

1098 signatures and counting!

Today we have seen a rush of people wanting to sign the petition – over 100 as I write. As a result I have had a rethink as to the best way forward.
 
 

We do not know as yet when the Spanish Property Road Show will be back in the UK – only that it will be some time in June. I am not required by GoPetition, the hosts, to close the petition tonight, but I do want to send it to David Lidington as soon as possible. I want to give him time to look at it and to digest what we are all saying so that he can confront his counterpart Ministers and officials in Spain and seriously challenge them before any further property promoting shows take place. At the same time, I don’t want to lose any support by chopping the petition off too soon.
 

So, tomorrow, I will print off all the signatures and comments we have collected thus far and send them to David Lidington. But the web-petition will stay open. Once we know when the next Road Show will be held I will print off those remaining signatures and comments which will have come in after tomorrow and, again, send them to David Lidington. They would then act as a prompt to him and will let him know that we expect him to do the job he was appointed to do – a job he was elected to do on our behalf.
 

I will keep you all informed as to any responses/reports of progress I receive at any stage.
 
ruth




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01 Jun 2011 10:22 by ads Star rating. 1637 posts Send private message

 

Ruth/Keith,

I would bring your attention to these references from the article http://www.typicallyspanish.com/news/publish/article_30115.shtml,:

 

[12] Treaty on the Functioning of the EU, article 169 (page 124) states that “….to ensure a high level of consumer protection, the Union shall contribute to protecting the health, safety and economic interests of consumers …”


[19] Article 17 (page 395) of the Charter states that “No one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for their loss.”.

[20] Also right to equality (article 20, page 395); non-discrimination (article 21, page 396); consumer protection (article 38, page 399), right to justice (art 47, page 401).

And query

  • Is the Spanish legal system in line with all European standards?
  • Have those fighting within the Spanish legal system been compensated “in good time for their loss”? (I would suggest that given the evidence to date that they have not!)
  • Where is the consumer protection for those who have won their legal cases for breach of contract (or any other legal case for that matter), but are being denied recompense as per those judgements due to abusive delays that prohibits the application of justice due to lack of adherence or non existence of reasonable timescale constraints upon the process of Spanish law?

 

www.gopetition.com/petitions/stop-the-spanish-property-roadshow-open-letter-to-davi.html

This message was last edited by ads on 01/06/2011.



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01 Jun 2011 12:49 by nigela Star rating. 381 posts Send private message

Ruth

I am glad you are giving people extra time - I only found out about the petition yesterday by chance and duly signed up.  It would have been quite possible that I missed your earlier deadline and I think by giving people another week or so you will get more signatures.  I think someone needs to post on this thread every day until the petition is closed as a lot of people only look at recent threads.

 

 





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01 Jun 2011 15:32 by M11block Star rating. 141 posts Send private message

Dear All

Just to add our case scenario to the campaign. We have signed both petitions as we are at our wits end with our case which has been going on since 2006.  We waited until 2008 before going to court, it took years to go to court but finally in 2009 we won our case, the judge awarded us, deposit, interest and legal fees, developer would not pay, back to court again to get permission to access bank accounts of developer, judge granted in our favour. Court lawyer went to bank who also refused the court's ruling, saying developer owed them money and we may get it by July 2012 if the developer pays the bank what he owes.

Is this the justice we are waiting for with all the EU conditions? I don't think so.  How will taking banks to court against Law 57/68 if it takes a lot of money and time and then they still refuse to pay up?

EU have more work thank they know needed for the problems in Spain.

I feel like going to the bank and protesting with a big placard that they are crooks.





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01 Jun 2011 18:26 by ruth Star rating in on a hill in rural L.... 122 posts Send private message

Thanks Nigela.  I've noted your suggestion and will do my best to keep the thread showing prominently.  Are there others on your development with whom you are in touch?  Please let them know about the petition.

You can also help by letting your MEPs know about it if you haven't already.

 

ruth





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01 Jun 2011 18:27 by ads Star rating. 1637 posts Send private message

I also hope that someone has forewarned all of Suzanne's petitioners to sign and support this latest petition with their facts..........  can anyone let us know if they can do so please.

I wonder if it would be possible for Justin to send out a global prompt to those affected within all the community threads?

Re writing to local MEP's here's a website to make it easy (you just need your postcode).

http://www.writetothem.com

This message was last edited by ads on 01/06/2011.



This message was last edited by ads on 01/06/2011.



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