Appeal cases

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10 Mar 2016 13:19 by M11Block Star rating. 173 posts Send private message

There seemed to be quite a lot of cases against the banks and developers using Let 57/68 in January and February of this year. Has anyone involved in these cases any further information to offer to help us understand the process more, i.e. Have the banks launched an appeal yet, have you launched an appeal, have you received any money yet. What are the Communications like with the Courts? Any information would be helpful. We go to Court in April and the prospects of years more going through appeals etc is daunting. We're just hoping that perhaps soon if the Banks stop appealing more will settle out of Court. R And G





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11 Mar 2016 01:36 by ads Star rating. 3025 posts Send private message

The only way to effectively stop the Banks from appealing in the STANDARDISED fashion they are at present, is to provide adequate deterrents in the form of judicial moral authority to consistently award costs and correctly backdated interest to the date monies were deposited, for all claimants gaining successful rulings against the Banks in these increasingly lengthy interim periods prior to achieving Supreme Court Doctrine.

 The proliferation of Bank appeals is crippling the current justice system and is placing untold stresses on the courts and judiciary and further exacerbate the delays which are already excessive and contravene the rule of law. Also inconsistent awarding of interest appears to be contravening the principal of legal certainty.... 

If only law firms would collectively bring this to the attention of the powers that be on behalf of their clients...

But good luck M11block.


This message was last edited by ads on 11/03/2016.


This message was last edited by ads on 12/03/2016.



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18 Mar 2016 09:19 by mariadecastro Star rating in Algeciras (Cadiz). 8809 posts Send private message

mariadecastro´s avatar

Dear Ads:

I agree on all you say about the way Bank would stop appealing: Legal costs being imposed and interests being charged, as per Law 57/68, since moment payment were made.

I do not see though that Lawyers can do any collective pressing on this.

Citizen´s writting to Bank of Spain? Possibly the right measure



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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20 Mar 2016 13:32 by ads Star rating. 3025 posts Send private message

Thank you for your reply Maria but do you not see as part of lawyers responsibilities, the requirement, where applicable, to collect statistical evidence based on firsthand evidence of clients' being consistently denied costs or being denied correct interest according to Ley57/68 when achieving successful rulings against the Banks, to act as evidence to demonstrate how these collective instances are acting in contravention to the rule of law and the principal of legal certainty?

In terms of writing to the Bank of Spain, didn't Keith Rule highlight quite some time ago that the Bank of Spain have no powers in this regard?





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20 Mar 2016 17:44 by mariadecastro Star rating in Algeciras (Cadiz). 8809 posts Send private message

mariadecastro´s avatar

Ads:

Answering you below in bold green ( same text as your message): 

Thank you for your reply Maria but do you not see as part of lawyers responsibilities, the requirement, where applicable, to collect statistical evidence based on firsthand evidence of clients' being consistently denied costs or being denied correct interest according to Ley57/68 when achieving successful rulings against the Banks, to act as evidence to demonstrate how these collective instances are acting in contravention to the rule of law and the principal of legal certainty? They are not part of our responsibilities. Of course we can provide those data out of good will within any effort made by anyone in this direction.

In terms of writing to the Bank of Spain, didn't Keith Rule highlight quite some time ago that the Bank of Spain have no powers in this regard? I cannot remember that.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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30 Dec 2016 15:41 by vindaloo26 Star rating. 36 posts Send private message

Does anyone know how many years you have to wait after a final hearing onxe you ve had a final hearing. 





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