Bank case lost

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17 May 2017 4:32 PM by jim welsh Star rating in cardiff. 54 forum posts Send private message

We have just lost our case against banco popular with regard to getting 

our deposit back for 2 properties . 

The reason we lost the case was simply because we bought 2 properties 

and were regarded as investors which apparently the courts frown up on . 

So after fighting for 14 years it's eventually over . 

 

 

 

 



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17 May 2017 8:59 PM by georgie1 Star rating. 76 forum posts Send private message

Jim so sorry to hear your bad news ,as you say this could have implications for a lot of other people trying to get the money back .I cant see why having two properties has got anthing to do with it ,did they explain this to you when you put your deposit down ? of course they didnt ,the more I read on eye on spain about Spain and the going ons the more you realise you are dealing with a bunch of shysters .Eye on Spain doesnt seem to be working ?




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20 Nov 2018 9:38 PM by goodstich44 Star rating in northampton. 1648 forum posts Send private message

Hi Jim
This is the recent Spanish bank trick going on now to get around lay 57/68. We have been told by Maria that we don't have a case because we are also being called investors or speculators even though we only bought one property to hopefully retire to one day and we even won our case against Aifos for them breaking contract detail! It's just obscene corruption by any other name to stop you getting the justice you desreve and it seems that Spanish lawyers are unable to put a stop to this corruption.  I intend to look in to this further, it's just wrong and needs shouting about so that people conned can get justice in future, not just lies!




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23 Nov 2018 10:55 PM by ads Star rating. 4124 forum posts Send private message

Who can cases and rulings of this nature be reported to?

And who are monitoring these instances?




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12 Jan 2019 1:06 AM by fazarelli Star rating. 282 forum posts Send private message

Goodstitch, I'm sorry to hear about your bad news. How did Maria come to this conclusion? Do you have sevral properties in UK too? I'm at a loss to think of how the bank could prove you were only in it for investment purposes (mad to think that you'd be in it to lose money!)




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12 Jan 2019 8:04 PM by goodstich44 Star rating in northampton. 1648 forum posts Send private message

fazarelli

Exactly my point. No we don't have several properties in the UK. I'm not a wealthy man, the deposit was pretty much our life savings. The bank certainly couldn't prove we were investors because there is no proof, it's simply a lie to get around the Ley 67/68. From the very start we did nothing wrong and as mentioned won our case against Aifos. We had no BG.
I don't understand why we don't have a water tight case against the bank either, that's why I conclude it can only be corruption at some level that's stopping us getting justice now. I guess if the banks have the money to pay bent lawyers/judges even?  then it's hard for the straight one's to compete without risking losing a fortune.

 




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18 Jan 2019 6:26 PM by ris259/270 Star rating in Bristol England. 3 forum posts Send private message

goodstich44.sorry to hear about your bad result.

My family purchased our first Spanish holiday home in1987 it was a one bed apartment

When our family increased we bought a 2 bed town house.

During these transactions we were never informed  by developers,banks,lawyers,estate agents

that if we purchased more than one property we would be classed as speculators 

Is this a recognised Spanish Law or just another bank scam? 

I cannot understand how Spanish Banks have been allowed to scam thousands of  people

out of their lifes savings.



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18 Jan 2019 7:31 PM by goodstich44 Star rating in northampton. 1648 forum posts Send private message

We haven't purchased more than one property, that's why this is so wrong. We were never informed about speculation, it's a recent development to cheat genuine people out of their hard earned money, how can it be anything else? The fact that lawyers daren't even fight on our behalf says much about the Spanish justice system. You can follow all the rules and still get screwed in Spain. It really is obscene.




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18 Jan 2019 8:03 PM by Ph68 Star rating. 22 forum posts Send private message

Ris259/270. It's a bank scam. It doesn't matter what you buy the property for. Ley 57/1968 states it's an inalienable law, which means there are no conditions that would over ride it, pretty much.




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18 Jan 2019 9:49 PM by goodstich44 Star rating in northampton. 1648 forum posts Send private message

Ph68

Yes indeed, I'm glad to see someone else recognising that. Without wishing to criticise decent lawyers on here, it's very frustrating when you don't get quite get a truthful explanation. I know why, it's because if they admit what a scam this is, it would (and should) put some people off buying in Spain. I fought for justice for about 14 years and when I heard about the new Ley 57/68, I thought ''At last, a law has come out to help those clearly cheated that can't be ruined by corruption of some sort''  How wrong I was!

 




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19 Jan 2019 1:09 AM by ads Star rating. 4124 forum posts Send private message

 

Perhaps Maria could advise if this specific reference to INALIENABLE rights has  been brought to the attention of the SC, in order to gain greater clarification and affirmation of being sufficient grounds IN ITSELF to warrant return of deposited monies ( with legal interest) in the event of proven breach of contract and Banks failure to correctly administer and safeguard purchasers monies? 

Wouldn’t SC clarification covering a far wider perspective by focusing specifically on inalienable rights speed up the whole process of enforcement, and in effect prevent Banks from contesting this law in such a piecemeal fashion that so badly compromises ( and continues to compromise) not only innocent purchasers but also the system of justice?

....Has the Spanish Justice system inadvertently failed to give due legal consideration to purchasers “ inalienable rights” by allowing the Banks to present a proliferation of piecemeal challenges instead of focusing on rights that are inalienable..... namely a right that cannot be denied by an outside force.

P.s. I am not referring to the rights of Banks to appeal here but that once inalienable rights for return of principal AND backdated interest have been reaffirmed as doctrine in the one legal declaration as described above, then there would be little room for the Banks not to recognise that in Spain inalienable rights in this regard are rights that CANNOT BE DENIED.


This message was last edited by ads on 19/01/2019.


This message was last edited by ads on 19/01/2019.


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19 Jan 2019 11:14 AM by goodstich44 Star rating in northampton. 1648 forum posts Send private message

ads

The justice system has indeed failed to give due legal consideration to 'Inalienable rights', in fact it's made a mockery of them by allowing the banks powerful lawyers to overule legitimate claims with lies. It stinks, and yet again puts purchasers who have dothing wrong, in what looks like a hopeless position with regards to getting justice. All about money (corruption) over truth and peoples rights as usual.




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19 Jan 2019 12:36 PM by ads Star rating. 4124 forum posts Send private message

Are good lawyers now fighting for inalienable rights to be reaffirmed rather than focusing on the piecemeal challenges from the Banks....the Banks are trying to run roughshod over these rights so surely given all the individual SC rulings on so many piecemeal options that currently exist the case could be made for a proper focus on the principle of honouring inalienable rights.

Is this being fought for as we speak? i.e. whenever a SC Cassation appeal is submitted, is the SC not now in a position after all these years to reaffirm these inalienable rights as a correct principle for the Banks to adhere to?

It appears an extraordinary state of affairs if the SC are not recognising these INALIENABLE rights as fundamental to this good law that was in place to protect against the very instances that innocent purchasers are being continually subjected to on such a large scale.

Trust will never be restored if such a basic and fundamental principle is not enforced.




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19 Jan 2019 1:16 PM by goodstich44 Star rating in northampton. 1648 forum posts Send private message

ads
Indeed, that is the truth.




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19 Jan 2019 6:30 PM by sandra Star rating in . 812 forum posts Send private message

sandra´s avatar

Hi All,

Just a thought. If your case had actually been won and monies refunded, presumably to your lawyers 'client account', how would you know if the lawyer  pocketed the money and then told you that you had lost your case?

Presumably these deposits run into the high thousands, if not hundreds of thousands, of pounds. It would be a great temptation for some of these rogue lawyers especially where the clients are foreign nationals.

Do the lawyers have to send their client all the relevant court paperwork to confirm the courts' findings?

 



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19 Jan 2019 7:06 PM by Ph68 Star rating. 22 forum posts Send private message

Good point Sandra. I'm thinking this might've happened to me




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19 Jan 2019 7:50 PM by goodstich44 Star rating in northampton. 1648 forum posts Send private message

Sandra

Nothing would surprise me any more about dirty dealings in Spain, having said that it was an English estate agent dealing in Spanish property who cheated me in the first place 'Ocean View properties', based in Birmingham and Northampton and their corrupt  lawyers Leslie Alberechi, both gone under owing owing many thousands of course. We then used a Spanish company called GVA who said they couldn't work for us due to a 'conflict of interest' we realised they were on the side of Aifos also!

We then used the services of 'Lawbird' to get our money back from Aifos builders, who just lied and lied all the way along. Lawbird won our case against Aifos, but due to Spains two year court delay between hearing our case and finding Aifos guilty, Aifos had gone bust, so we got nothing!  Some years later we were told about Ley 57/68 and we qualified for that as we were never given a BG. That should have been it, justice at last!! Now we find that law is being abused as well, so Maria at Costa Luz says because the banks have found a loophole by calling us speculators, they can't take our case on, so we are back to square one with our life savings and all the 16 years interst lost along with all the stress and time we have lost trying to get justice.

 




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21 Jan 2019 2:06 PM by ads Star rating. 4124 forum posts Send private message

To all....

Here are some instances associated with ongoing Bank challenges...

Generic Guarantor Bank who was referenced in the purchase contract who failed to administer bank guarantees nor correctly safeguarded deposited monies as required in law, now perversely denying that they are guarantors, suggesting that they are merely endorsers!

Guarantor Banks in denial of inalienable rights, suggesting that it should be for the purchaser to ensure that deposited monies were protected! 

Guarantor Banks denying that they are responsible for correctly backdated interest PRIOR to the date of Bank claim ( I.e. for those instances IN THE EARLY YEARS where purchasers made successful claims against developers but were subsequently compromised when they became insolvent), when in reality the banks’ compromising lack of administration and non adherence to existing law left purchasers at great risk from the outset of deposit, with little option but to litigate twice ( once against the developer and then against the Bank) in the event of proven breach and developer insolvency, and incur costs, stress and major delays to return of their monies in that process.

Banks who have lost their appeals who continue to obstruct by delaying return of monies as per judicial rulings until such time as enforcements are placed against them ( subjecting the innocent claimant to yet more interim costs.)

Banks who have refused to recognise majority case law until such time as SC doctrine has been achieved, which has been many years hence, (since this requires 2 SC rulings on the same point of law), and in the interim lengthy periods purposefully created elements of doubt, in full knowledge that this could impact return of claimants costs. This purposeful behaviour with manipulative intent that works to the unfair benefit of Banks, needs to be recognised here.

Banks ( as identified in this thread) who are endeavouring to wrongly suggest that purchasers were speculative in nature as a means of denying their own major negligences and non adherence to law that afforded purchasers with inalienable rights.

Banks who provided illegal BGs not recognised in Spain. 

Banks who have merged during the interim lengthy periods leaving purchasers unaware of generic BGs that act as supportive evidence ( in the instances where banks failed to provide legal BGs from the outset thus denying purchasers of their inalienable rights).

And the list goes on......

Such continued denial and dereliction of duty to adhere to inalienable rights written into law intended to protect, just beggars belief, when you recognise that it has taken well over a decade to gain supportive majority case law, let alone supportive SC rulings ( it will no doubt be beyond two decades by the time this is resolved).

How long does this protracted piecemeal litigation have to continue before the SC rule emphatically that purchasers inalienable rights should be fully respected, taking into account that majority case law has increased ( via supportive appeal court rulings) and the SC have increasingly ruled in support of claimants in the interim lengthy periods?

This ongoing obstructive and manipulative behaviour on the part of Banks and non compliance with law intended to protect from the outset, with complete disregard for purchasers inalienable rights is a disgrace that does a great disservice to Spain’s reputation and their system of justice.

How long does this piecemeal litigious approach that is sadly being exploited by the Banks without due respect to inalienable rights have to continue? .......ad infinitum? 

Given all of the above, isn’t it time that the Supreme Court ruled swiftly and emphatically to ensure that Banks honour purchasers inalienable rights?

 




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21 Jan 2019 3:29 PM by goodstich44 Star rating in northampton. 1648 forum posts Send private message

ads

What a good post and what a shocking list that is.
Your paragraph...
''This ongoing obstructive and manipulative behaviour on the part of Banks and non compliance with law intended to protect from the outset, with complete disregard for purchasers inalienable rights is a disgrace that does a great disservice to Spain’s reputation and their system of justice.'' 
....just sums up why so many of us are still being cheated. The fact the SC haven't clamped down on this clear abuse of rights already, makes me doubt the validity of the SC even?




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21 Jan 2019 6:32 PM by ads Star rating. 4124 forum posts Send private message

I think they ( the SC) can only respond to what is placed before them but this is where lawyers can perhaps bring inalienable rights to the forefront of legal arguments/ defence? Perhaps Maria could clarify?

 




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