30 Dec 2010 3:44 AM:

 Hi Ads,

Thanks for your response dated 22^nd 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 2^nd September and the 25^th 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 8^th 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 2^nd September (29^th Decemeber, we still have not received either acknowledgement or answers. When the eviction date arrived on the 19^th 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 27^th November

“UNIMAGINABLE INJUSTICE IN SPAIN”  - “JUDGE ORDERED MY HOME TO BE STOLEN” dated 15^th 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 my email address shown in my blog detailed above of the 15^th December

Peter - Estepona

Peter2010

Thread: What are lawyers doing to address the delays in the Justice Administration System?

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22 Dec 2010 5:43 PM:

 I have noticed this blog about the delays in the administration of justice and would like to add my comments.

Delays and incompetence in the administration of justice in Spain has cost me the loss of my 2,000,000 euro home, the breakup of my family and the loss of our future happiness here on the Costa del Sol.

Because of indecision and confusion by the local lady judge as to who exactly owns my Gibraltar off-shore company that ultimately owns my property, sentences dictated by the Audiencia Provincial de Malaga (Appeal Court)after study of the facts, instructed the local court that I have been  recognised as the “authentic” owner of my company and consequently the owner of my property and that furthermore, I cannot in the present action, against my wife alone as tenant,  be removed from my property.  This the local judge chose to ignore these higher court instructions and issued contrary instructions; consequently on the 19^th October this year, I along with my entire family of eight, was evicted from the home I built and have lived in for 24 years, with no charges, mortgages, liens or encumbrances registered against it.  Appeals and opposition arguments have been entered into the local court, both before the eviction on the 2^nd September and after, on the 25^th October,  none of which been acknowledged, let alone responded to.  A Queja (official complaint) entered in the Consejo General de Poder Judicial was finally answered after nearly four weeks where clearly they had not addressed the complaint justly or even responded to the questions raised. And now, the local lady judge who has destroyed so much is leaving the Estepona court after having served just six months in office.  The chances of a review of my case by the new judge is not going to be his or her priority,  especially where it may be condemning his or her predecessor.  

As a matter of interest, an independent poll recently carried out in Spain indicated that 50% of the people questioned believed the Spanish Justice system to be corrupt and that only money buys justice. Unfortunately, after living in Spain for over 30 years, I now have to agree with this assertion. I would welcome someone proving me wrong – at least in my case.

Anyone interested to know more about my particular case and the gross injustice I am fighting should read my two blogs 27^th November “Our Home has been stolen”  and 15^th December “Unimaginable injustice in Spain “

Peter2010

Thread: What are lawyers doing to address the delays in the Justice Administration System?

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