It would appear that the Spanish Bank(s) are trying once again to be as obstructive as possible and using every ploy at their disposal to delay justice, seeking and finding procedures that proliferate delays.
If the truth be known these sort of ploys have been ongoing for YEARS.
The reality is that the justice system in Spain is highly procedural and as such has sadly been open to abuse of this nature at various stages in the judicial system.
What has happened is that it took years for supportive judicial doctrine to be established in favour of claimants against the Banks (and during that time the Banks endeavoured at every opportunity to delay by proliferating appeals against supportive rulings in full knowledge that the justice system would be overloaded).
In some cases they submitted appeals to the Supreme Court and withdrew their appeals at the last moment in full knowledge that this would delay the advancement of doctrine which would have benefitted claimants still awaiting justice.
And then once doctrine had been achieved they tried to undermine the supportive rulings by refusing to abide by "voluntary payments" to the courts which resulted in yet more procedural delays relating to enforcement processes.
Then under the complexities of return of awarded costs and interest they even on occasions have been known to forward awarded monies to the court but purposefully fail to submit the necessary administrative detail which required the court administrators to request monies be returned to the Bank and " corrected" with the necessary accompanying detail. YET AGAIN MORE DELAYS!
But sadly during all of this time there appear to have been little EFFECTIVE recording and monitoring processes to highlight the pattern of this Banking abuse.
Sadly it would appear that legal firms are either struggling to deal with these uncomfortable realities or they just accept the status quo and consider it has become par for the course.
But now more worryingly a more recent challenge relating to "investor status" as described by Gurker is now being exploited by the Banks as they attempt to yet again undermine all judicial progress made to date.
In effect they appear to be generalising that individual claimants are " property investors"..... inferring presumably that their intent was to exploit the property market place in some way. As Gurker rightly pointed out it is for the Banks to substantiate their claim with evidence as opposed to subject the innocent claimant to what can only be described as yet more bad intent to subject the claimant to exhorbitant expense and unnecessary stress to defend against UNSUBSTANTIATED claims.
To put not too fine a point on it, the failure to provide adequate reporting and monitoring processes to ensure justice prevails and is enforced in a timely manner without purposeful intent to delay, appears to have led to a set of circumstances where the Banks have been allowed ( some might suggest incentivised) to run roughshod over the Spanish justice system, which in effect has been tantamount to UNDERMINING THE RULE OF LAW.
We all surely deserve better in this day and age.
Perhaps all claimants struggling under this scenario should be pushing for their legal teams to ensure the facts relating to abusive behaviour of this nature that compromises the rule of law ARE FULLY RECORDED TO THE GENERAL COUNCIL where applicable, so that judicial directives can be established to ensure that Bank evidence must be CONSISTENTLY made available and substantiated at point of claim re investor status, otherwise it makes a complete mockery of effective justice.
Likewise for instances where actions on the part of Banks that have been demonstrated to purposefully compromise timely justice are actively and effectively disincentivised via judicial directives to ensure that adequate compensation in the form of judicial awards of ADDITIONAL interest and costs to the claimant are truly reflective of Banks purposeful bad intent culminating in serious attempts to undermine the rule of law.
This message was last edited by ads on 9/30/2022.