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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

UNFORTUNATE TIMING AND FURTHER CATASTROPHE
16 January 2011

 

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 peterestepona@hotmail.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
Peter2010
peterestepona@hotmail.com
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 peterestepona@hotmail.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
Peter2010
peterestepona@hotmail.com
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 peterestepona@hotmail.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
Peter2010
peterestepona@hotmail.com
 


Like 0        Published at 21:07   Comments (2)


THE NIGHTMARE CONTINUES
30 December 2010

 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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Our home has been stolen
27 November 2010

 

Names and identities cannot be quoted, as many aspects remain subjudice.
 
A ruthless Gibraltar Bank with a history of criminal activities and a Spanish lady judge that chooses to ignore documentary evidence, purposely delays her decisions and shows no interest in administering fair justice are the ingredients to the biggest nightmare of a lifetime which has lead to our family home being stolen from us; shattered dreams and near suicide.
 
Having started this blog I should really continue.
Unfortunately we are still reeling under the emotional shock of having had my house stolen and been put on the streets along with my wife and other family members just over three weeks ago (19th October 2010). Proving the justice system in Spain is a total farce. I have all legal proof of being the owner and sole occupier, along with my family, of our home for over 24 years. I have not been provided by the courts of Spain with a single opportunity to demonstrate my ownership of my own property. No legal charges have been raised against me, I have not been questioned over my ownership and yet a lady judge has decided that my property doesn´t belong to me, she correctly identified that it belongs to a Gibraltar off-shore company – the thing she has missed entirely, intentionally or accidentally, is that I am the owner of that off-shore company – I even have Spanish court sentences and legal adjudication from 1995 up until April 2010 identifying me as the true owner of my company and therefore the owner of my own property and cannot be removed from it.
 
Every single bill, whether it was purchasing the land, building the property, applying for licences and permissions from the Spanish Tax authority, paying community, electricity and water since 1984 has been met exclusively by me.
 
This was no ordinary eviction and no ordinary property. My property, a seven bedroom villa on over 5,000 m2 landscaped gardens , was built by me in 1985/86 after I purchased the land in 1984. The property has no mortgages, liens, encumbrances or any registered charges. Since completing the building, my wife and I and our young family moved into the property and have remained the sole occupants of the property for 24 years.
 
This outrageous and malicious judicial miscarriage has its roots in a document raised in 1986 to protect my wife´s financial investment in which she, along with me, paid for the land and constructed our beautiful home. This document, between my wife and I, guaranteed her rights of occupation until 2004. The reason for this agreement was that I alone am the beneficial owner of the offshore company that bought the land in 1984 and built the property during 1985/6 so for her reassurance, this private unregistered, agreement was established with a nominal rental of just ten pounds per week.
 
When I moved the administration of my Gibraltar Company to a Gibraltar Bank in 1990 I had confidence my interests would be well cared for – how wrong could I be. I placed my trust in this bank´s then managing director and entered into financial speculation solely upon his recommendations. Within a year or so of my involvement, this chief executive had managed to embezzle over 71,000,000 pounds (yes, seventy one million pounds ) out of his own bank and put my financial situation along with many other customers´ in dire jeopardy through the ill-advised schemes many of us were cajoled into participating in.
This ruthless bank had acquired Gibraltar´s oldest family bank in 1987 which had been functioning as a private bank since 1855. Within just three years its managing director had embarked on one of Gibraltar´s most outrageous frauds , swindling 71,000,000 pounds being out and into companies of his own making, speculating in land deals on the Costa del Sol. Even after his removal, fraudulent deceit towards customers continued. Just this year alone, they were fined over 1,700,000 euros by the Spanish Supreme Court for failing to provide information on money laundering cases. A 100,000,000 euros return to customers was ordered by the Danish Banking regulators, upon this bank´s parent company for mis-selling investments, many of which were sold in Gibraltar. I mention this because it is this bank that has played the major role in having me and my family evicted by appearing in court with an out-of-date power of attorney, lying and misleading the courts into believing they alone are the owners of my company. Arrangements between offshore companies and beneficiaries are conducted using trustees and nominees to act in the interest of the real, usually anonymous, owner. It is their names that appear in Gibraltar as “formal” shareholders they most certainly are not the real owners. This fiduciary arrangement is alien here in Spain. In Spain he who `holds´ the shares, owns the company.
 
An unresolved dispute with this bank back in 1993 had lay dormant for years until this bank realised that the private agreement, of 1986, between my wife and myself, acting for my company, came to an end in 2004. This unscrupulous bank jumped at the opportunity of suing my wife in Spain for illegal occupation of our family home on the grounds that her legal entitlement had come to an end. They sued for her eviction alone – not mine, nor our daughters or their husbands that live with us – with their two daughters - just my wife alone.
 
Despite my wife´s defence based on being married to the real owner and over 25cms high of documentary evidence of real ownership, lawful and continued occupation was pitted against a sharp lawyer from the bank with a manila folder containing an out-of-date power of attorney, evidence that showed my company owned the property and a Gibraltar Companies House extract showing his bank as `holding´ my shares – this was sufficient to convince the young lady judge that they were in fact the owners of my property and ordered my wife´s eviction. This was in 2007. During the last three years, we have been waiting on appeal from Malaga Appeal court that did in fact uphold the sentence but absolved me of any pretension arising from my wife´s case – stipulating that I could not, in this action, be removed from my own property. The Appeal sentences reiterated recognition of my “authentic” ownership of my company and the property in litigation. This was fine by me and our lawyer – my wife would walk out of our home and be invited back in by me one hour later, legally as my permanent guest.
 
Now this is Spain – We were advised that execution of the eviction would be notified by May 2010 - it was prepared and signed locally on the 8th June and took 7 weeks to travel 4 kms arriving at our home on the last hour of the last day of July when the courts were closing for summer recess. The execution sentence had been mysteriously changed from that which had been dictated by the Malaga Appeal Court – it now reflected that everyone within the property was to be evicted leaving free vacant possession to the bank. Because of the delay in being delivered it was not until after the summer recess that our legal opposition could be entered on the 2nd September. We had been given the date of the 19th October that execution of eviction would take place. This confusion had to be sorted out – The higher Appeal Court had ordered just my wife out, recognising me as the real owner that could not be removed. We now had seven weeks to get clarification as to exactly who was being evicted. Throughout September we were given numerous dates on which the presiding lady judge would clarify matters - all of which passed without answers. By the 4th October our lawyer advised us that with the uncertainty and the risk of not getting a response in good time we should consider emptying the entire home – all 23 rooms just in case she doesn´t concur, as she is legally obliged to, with the Appeal Court Sentence. By now on an almost daily basis our lawyer was pushing for her deliberations but nothing was forthcoming. The week before execution she confirmed her decision would be made on Tuesday 12th October – this changed to Friday 15th October when she then advised she would study the case over the weekend giving her decision at 1.00 pm on Monday (the day before execution) Monday came with no response only that she would meet her legal obligation to answer before execution on the following day. Our lawyer waited at the court house from 9.00 am to confront the judge. 11.00 am the lawyer was driving over to our house when a call to his mobile phone carried the judge´s sweeping statement “everybody out”.
 
One hour later, the court officials arrived along with a bank´s lawyer and other officials, a locksmith, two policemen and a Gibraltar real estate agent. We were all required to leave our home – leaving a lot of furniture and personal items that we were unable to remove in time. I insisted on remaining armed with all the documents of ownership and original sentences from Malaga – none of which was going to stop the policemen from carrying out their duty. Had I resisted, I would have been physically handcuffed and arrested and charged with disobeying police orders – which I was informed could lead to a conviction, unrelated to the eviction, which could carry a 6 month prison sentence.
 
All other family members having already left , I got in my car and drove away from my home of 24 years with total strangers wandering around inside whilst the locksmith hammered away at the front door changing the locks. The feeling of loss and total devastation was overwhelming. Possession in those short moments was lost.
 
The written clarification from the judge finally arrived 6 days later on the 25th October back-dated to the day before eviction 18th October. The clarification was ambiguous and at no point did it mention me or my eviction – just my wife being cited !
 
We are now fighting for justice from outside – appeal has already been entered to the Supreme Court in Madrid. This can take up to 8 years to resolve. Official complaint against mal-practice by the judge in question which we might hear something within two months. In the meantime, our home is now abandoned, the landscaped gardens are becoming neglected, the swimming pool green.
 
And how has all this come about ? – initially, by breach of fiduciary duties and irregular practices perpetrated by the Gibraltar bank and now ignorance by the courts in Spain of banking procedures in Gibraltar and the denial of basic human rights enshrined within the Spanish Constitution.
 
Within the undertakings of the Spanish Constitution, the Preamble states its mission to:
 
Protect all Spaniards and peoples of Spain in the exercise of human rights, of their
culture and traditions, languages and institutions
and Section 24 which reads
 
1. All persons have the right to obtain effective protection from the judges and the
courts in the exercise of their rights and legitimate interests, and in no case may there be a
lack of defense.
 
2. Likewise, all have the right to the ordinary judge predetermined by law; to
defense and assistance by a lawyer; to be informed of the charges brought against them; to
a public trial without undue delays and with full guarantees; to the use of evidence
appropriate to their defense; not to make self-incriminating statements; not to plead
themselves guilty; and to be presumed innocent.
 
One would assume, reading this, that in Spain a fair trial may be expected and the full use of evidence in defense guaranteed. This is, most certainly, not the case !– any lawyer will tell you these provisions and rights are only available to criminals or suspected criminals in criminal cases – NOT IN CIVIL CASES – these provision DO NOT apply.
 
In civil cases the presiding judge alone decides upon which evidence he or she may review to form her adjudication and sentencing. A fair trial CANNOT BE GUARANTEED in a civil case in Spain. ( We now know why so many people lose their homes in Spain despite everything being in order with their licences and paperwork in place – their evidence doesn´t have to be studied if the judges decides not to)
 
At the end of the day, I have not been charged, no accusations laid before me, no court case, no opportunity to defend myself or present the plethora of evidence supporting my real ownership of my property, built and paid for with no registered charges liens or encumbrances has now been taken from me – STOLEN FROM ME with the help of Spanish injustice and legal incompetence. (or other “outside” influences)
 
 


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