Question re interest payments re Ley 58/68 and AVALS

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26 Jan 2017 8:15 PM by ads Star rating. 4124 posts Send private message

Re Ley 57/68

It would be really helpful if Maria or Keith might be able to clarify on the point of law with regard to backdated  interest.

Has there already been a SC ruling re payment of interest to be awarded from date of deposit as opposed to date of claim, and are there currently other outstanding cases awaiting SC ruling ( or admission to SC)  in existence on the same point of law, so as to gain jurisprudence ( I.e. 2 SC rulings) upon which all judges must adhere? 

What happens in the interim period if there are several outstanding cases chasing a second SC ruling in this regard? Should the judge take this into account when making their rulings?

If there is a single SC ruling in existence then why do the judiciary not adhere (  i.e. default in their rulings) to award interest backdated to date of deposit from which the Bank could, if they so chose, ultimately appeal to the SC, rather than ignore the SC ruling in their judgement by awarding interest from date of claim?

This appears an extraordinary situation which plays into the hands of Banks wishing to be obstructive by maximising delays and subjecting clients  to yet further expense to gain justice, and in that process compromises not only clients but also the already overstretched court and judicial system.

 Should the judge not act in good faith in the interim and abide by the SC ruling? Is this being brought to the attention of the judiciary by pleading for good faith in the interim?

Re AVALS. ( Guarantees?)

Also could you please advise if Banks are now not depositing monies with the court but issuing Avals as an alternative? Does this compromise preliminary enforcements affecting law firms and clients alike, and is this considered illegal to compromise preliminary enforcements for return of principal MONIES in this manner? What would happen if the bank became insolvent?

For instance what happens in the case of a fully upheld first instance ruling that

1) Was awarded interest to date of claim plus costs. ( i.e.lawsuit fully upheld but the judge chose to award interest backdated to date of claim).

2) The Bank did not appeal.

3) The client appeals for additional interest backdated to date of deposit.

4) The legal firm applies for a preliminary enforcement of the unopposed successful first instance ruling to gain access to principal monies.

5) The Bank provides an AVAL to the court  rather than principal monies.

Does this in effect prevent return of principal monies until such time as the appeal for additional interest is firm and final ( many years hence), even though the return of principal monies is not in question?

Does this also compromise the legal firm in the interim period, from gaining access to their fees ( from the principal monies)?

Should this be recognised by the judiciary and courts as a manipulative ploy by the banks to impede timely return of principal monies, inhibit law firms from timely receipt of fees, and in that process act as disincentive for clients to appeal? 

Is this indicative of certain judges demonstrating undue favour to Banks? 

 

 


This message was last edited by ads on 26/01/2017.



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26 Jan 2017 9:10 PM by Elsietanner Star rating in Alicante & New York. 164 posts Send private message


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26 Jan 2017 9:18 PM by ads Star rating. 4124 posts Send private message

Nevertheless clarification is required on this point of law and it would assist greatly if the points raised could be answered by Keith or Maria.





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26 Jan 2017 9:29 PM by Elsietanner Star rating in Alicante & New York. 164 posts Send private message

Elsietanner´s avatar

Sorry ads Maria is only a day to day lawyer not a supreme court judge.

See https://en.wikipedia.org/wiki/Judiciary_of_Spain

Let her have a night off for a change. She has a living to make.



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26 Jan 2017 9:41 PM by ads Star rating. 4124 posts Send private message

I have great respect for Maria and Keith in terms of their ongoing legal clarification and their input to EOS has been of great assistance with regard to complex legal matters, therefore I find your response extraordinary, Elsietanner.

 





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26 Jan 2017 10:03 PM by Elsietanner Star rating in Alicante & New York. 164 posts Send private message

Elsietanner´s avatar

OK ads fair enough. Does this subject personally involve you? Or is it a boredom post.

I also have great respect for Maria and Keith in terms of their ongoing legal clarification and their input to EOS, but I also respect that they have families and need private time and cannot always be offering free advice. Are you the charity case here or are you posting for unknown others. Please don’t abuse their kindness for your own entertainment.

I have already posted links to all you need to know.
 



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27 Jan 2017 12:55 AM by ads Star rating. 4124 posts Send private message

Suffice to say this is not a "boredom post", nor am I " abusing kindness  for my own entertainment". 

Quite extraordinary suggestions given I have been seeking clarification on complex legal issues for many years, all with sincere intent which thankfully has been recognised by Maria and Keith to date.

Best we leave it there and if Maria and Keith wish to answer the queries posed I would as ever remain very grateful and hope it would also assist others in that educative process.

 


This message was last edited by ads on 27/01/2017.



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