Floor Clause - How long are your claims taking ?

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02 Jun 2018 21:03 by Nigie Star rating. 113 posts Send private message

Over 18 months ago a claim company started representing me in order to re-imburse monies owed to me due to the mortgage floor clause.  The case has not yet been to court. I have been informed by them that Estepona Court is the slowest in the land.  

Has anyone been successful using claims companies, and in particular at Estepona Court ? 

It is at the point now where I am seeing no progress even though I have been chasing on a weekly basis for the last year. 

If this is normal for the courts, then no problem, for all other reasons, I'd like your opinion please...

Many thanks

Nigel





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07 Jun 2018 19:36 by ads Star rating. 3448 posts Send private message

Maybe best to request that your company representing you place a complaint on record about the major delays occurring in Estepona court to the General Council of Judiciary and ask if they are monitoring and reporting on this problem that appears to be affecting so many seeking timely justice.

These significant delays ( not only associated with mortgage floor claims but also other offplan bank claims associated with ley 57/68) appear to be contravening the rule of law and are made worse by banks purposefully proliferating delays in their ongoing behaviour to challenge at every opportunity, even where SC rulings have clarified law. The Banks are sadly making a mockery and running roughshod over the Spanish Justice system which is in no-ones favour but the Banks.

Much more needs to be be done in terms of feeding back complaints by legal representatives, to make Banks accountable for their behaviour that allows them to play the system of delays to their advantage.





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24 Jul 2018 14:57 by mariadecastro Star rating in Algeciras (Cadiz). 9096 posts Send private message

Legal Questions? Speak to Maria Direct

According to the data of the General Council of the Judiciary (CGPJ), from April 2017 to March 2018, the courts have received 208,651 cases on Abusive Clauses on Mortgage deeds ( Floor clause included among them) and have resolved a total of 29,849, 14%. That is to say, each working day (with non-working August) 915 cases are presented against the banks and 128 are resolved. Part of the resolved cases are seen for sentencing, for which they have only issued 22,899 sentences, of which 97.6% have been favorable to customers.

However, it is gathering speed in the resolved cases. In the first quarter of the 2018 year, the specialized courts for abusive clauses notified 13,573 resolutions, 67.6% more than in the previous three months. In addition, in this period, 16,988 cases were resolved, which represents an increase of 60.5% compared to the 10,586 cases resolved in the last quarter of 2017.

Estepona Court is , as ads has very rigthly stated possibly the slowest Court in the country

 


This message was last edited by mariadecastro on 24/07/2018.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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24 Jul 2018 22:06 by ads Star rating. 3448 posts Send private message

Thanks Maria.

Because the Spanish Justice system appears at breaking point, perhaps this begs the question why the Govt is not fining Banks for their ongoing ABUSIVE practices that are presumably (?) in contradiction of Banking standards, code of conduct etc, which have ultimately significantly compromised the Spanish justice system and innocent claimants alike.

How bad does this have to get before the Govt recognises the harm that this is doing? Also monies from these fines could be ring fenced to assist in resourcing the courts and judiciary!

On a similar abusive theme....Does Ley 57/68 make any reference to fining Banks? I remember that Keith Rule made reference to the need for specialised courts many years ago in his educative Bank Guarantee petition.....shame no one from the Govt recognised the foresight Keith demonstrated back then.

In hindsight this could have countered so many of the judicial inconsistencies that claimants have been subjected to over the years, let alone counter Banks’ manipulative ploys to purposefully “ play the system of delays” to proliferate elements of doubt ( disrespecting established case law that had taken YEARS  to establish in favour of claimants in that process)  in their attempt to avoid accountability for costs and fully backdated interest . :(

 


This message was last edited by ads on 25/07/2018.


This message was last edited by ads on 25/07/2018.



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25 Jul 2018 09:13 by paulsimkiss Star rating in Thailand & Spain. 65 posts Send private message

paulsimkiss´s avatar

Good post ads.

Perhaps you should look up the word ‘’CORRUPTION’’ in your dictionary.

Ads I do admire your crusade for reform but do you realise corruption is a worldwide disease. Governments, senior civil servants, the judiciary and the financial institutes are all in one another’s pockets. Interest free loans, Christmas hampers, holidays, girls in the night (sometimes boys).

Keep up the good work but don’t watch too much Kavanagh QC or Judge John Deed.

 


This message was last edited by paulsimkiss on 25/07/2018.

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25 Jul 2018 12:19 by ads Star rating. 3448 posts Send private message

Maria (and Keith) are correct to hightlight the realities relating to Banks' abusive practices in this regard, which demonstrates her resolve to bring these matters to the attention of claimants and hopefully the powers that be.

She appears equally committed to educating and finding solutions, for which we should all remain extremely grateful.

Only by reporting back will these realities have any chance of gaining well needed resources to assist an overstretched and under-resourced justice system, which is being put under immense strain by the Banks who appear intent on obstructing at every opportunity, whilst also remaining in denial of their legal obligations and compliance with their own mission statements.  .

IMHO, it's time that other law firms stepped up to the mark by also reporting back abusive instances and non compliance, that are sadly compromising the system of justice in Spain.





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25 Jul 2018 13:49 by paulsimkiss Star rating in Thailand & Spain. 65 posts Send private message

paulsimkiss´s avatar

Do you actually believe the ‘’powers that be’’ do not know what’s going on?

Other law firms will not step up to the mark because they know the ‘’powers that be’’ and everyone else involved ‘’other than the victims’’ are fully aware and it suits them perfectly.



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25 Jul 2018 14:06 by ads Star rating. 3448 posts Send private message

Time will tell no doubt.





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26 Jul 2018 07:58 by ads Star rating. 3448 posts Send private message

Maria,

Can I ask a question with regard to fines and Banks abusive practices?

According to Ley 57/68 article 6 it states

Article 6
This article gives details of the punishments and fines that will be imposed on the developer
or promotor if they fail to comply with the provisions of this Law.  As detailed in the Building Act
LEY 38/99 the fines imposed for each violation can be up to 25% of the deposit amount which
should have been protected.

Where the developer has become insolvent and the guarantor Bank becomes responsible, does it follow that if the Bank also fails to comply with the provisions of Ley57/68 that they too would be eligible for fines as detailed above?

Is there any legislation in existence that make specific reference to fines being imposed on Banks who fail to comply with law or non compliance with Banks' mission statements?

Would it be the judge who has authority to implement such a fine against the Bank when reviewing all factors within his/her ruling, where supportive law existed? And which "authority" would be the recipient of such fines?

Could such a building act be contested by the Bank (here we go again!)

 


This message was last edited by ads on 26/07/2018.


This message was last edited by ads on 26/07/2018.



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26 Jul 2018 10:54 by paulsimkiss Star rating in Thailand & Spain. 65 posts Send private message

paulsimkiss´s avatar

** EDITED - Against forum rules **

 


This message was last edited by eos_moderators on 26/07/2018 23:39:00.

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26 Jul 2018 12:08 by ads Star rating. 3448 posts Send private message

Please stop this divisive and personalising rhetoric that only undermines the good intent and common interests that exist between Maria and myself to improve the system of Justice and clarify aspects that many find difficult to comprehend.





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26 Jul 2018 12:28 by baz1946 Star rating. 1998 posts Send private message

Trouble is ads it's a one man crusade against a country that really only knows one way of doing things, and I have said this before, for them it works so why change it, as most of your questions are about the house buying system in Spain, and because many thousands buy with very little trouble, it would seem to Spain that all is okay.

Over hundreds of years someone has always tried and failed to correct unjust ways and systems, good luck if you think you can, you cant, fact is you cant even help people who fall into a bad house buying experience, it needs to be asked, honestly how many people who are going to buy in Spain would read this forum and follow up on any of your questions and then 'Not' buy in Spain due to what you keep on about,  this massive unjust system, it might shock you to find out its none.





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26 Jul 2018 12:50 by ads Star rating. 3448 posts Send private message

With respect...

To repeat from Maria's informative posting

" the courts have received 208,651 cases on Abusive Clauses on Mortgage deeds "

And in terms of Bank Guarantees a Guardian article quoted the following

" It has been estimated British buyers are owed £5.3bn in deposits and stage payments on properties purchased off-plan, most of which were never completed. In total, approximately 500,000 people were affected, including about 300,000 Spaniards. "

So please don't suggest that this doesn't warrant attention in terms of achieving timely justice and comprehension of complex issues,

Plus we should never lose sight of those who have achieved justice, only made possible by ongoing endeavours to educate and seek out those who have the required expertise and commitment to know the pitfalls and ploys of the Banks in that process.

The EOS site has been instrumental and continues to be so in assisting many who require such knowledge and reassurances, but we should also never be afraid to identify uncomfotable realities in the ongoing struggle to make Banks accountable. For that I sincerely thank EOS and Maria for the opportunity to gain clarification of growing complexities as sadly the Banks pursue all manner of ploys to obstruct.





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26 Jul 2018 13:08 by paulsimkiss Star rating in Thailand & Spain. 65 posts Send private message

paulsimkiss´s avatar

No ads it does not work like that. The forum has the benefit of a free resident lawyer Maria. Her purpose is to promote herself PR on the forum by answering the odd post by members needing personal legal advice. You are totally abusing this with your selfish obsession and putting her contribution to the forum and other members at risk.

This forum is extremely lucky to have Maria, we do not want to loose her and that is the only reason I am posting.



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26 Jul 2018 13:22 by ads Star rating. 3448 posts Send private message

Maria has never intimated to me in any way that she perceives my postings as abusive or that I am putting her contributions to this forum "at risk" as you suggest, and as for being "selfish" it is quite the opposite if the truth be known...

I will repeat this request to please stop personalising in this divisive fashion.

 

 


This message was last edited by ads on 26/07/2018.



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26 Jul 2018 14:01 by baz1946 Star rating. 1998 posts Send private message

It has been estimated British buyers are owed £5.3bn in deposits and stage payments on properties purchased off-plan, most of which were never completed. In total, approximately 500,000 people were affected, including about 300,000 Spaniards. "

The Guardian paper reported this. 

Take out of the 500,000 people the 300,000 Spaniards, which leaves 200,000 Brits who are owed £5.3 Billion.....Really?





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26 Jul 2018 14:46 by paulsimkiss Star rating in Thailand & Spain. 65 posts Send private message

paulsimkiss´s avatar

Hello ads

I am not personalising in a divisive fashion as you describe. It is your own abnormal behaviour that has brought about my good advice. By all means please continue to pester Maria on your obsessive subject that every member is aware of.

I have been a member of EOS for over 8 years and have no intention of giving you ammunition in order for you to try and get me banned. The subject is now closed.kiss



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26 Jul 2018 14:54 by mariadecastro Star rating in Algeciras (Cadiz). 9096 posts Send private message

Legal Questions? Speak to Maria Direct

I am happy tp answer Ads and everyone´s questions as far as answers inform, educate, build up… it´s part of the mission I have chosen by partaking on EOS during all these years. I have gained clientele and business but I have also given lots of advise for free as a way of educating, helping…. I strongly  believe we all can make our contributions to better off systems.

So, no worries by anyone about making questions. We all have the right to understand and claim for better systems and realities.

I have answered in bold below:

On a similar abusive theme....Does Ley 57/68 make any reference to fining Banks?

It does not.

I remember that Keith Rule made reference to the need for specialised courts many years ago in his educative Bank Guarantee petition.....shame no one from the Govt recognised the foresight Keith demonstrated back then. I agree.

According to Ley 57/68 article 6 it states

Article 6
This article gives details of the punishments and fines that will be imposed on the developer
or promotor if they fail to comply with the provisions of this Law.  As detailed in the Building Act
LEY 38/99 the fines imposed for each violation can be up to 25% of the deposit amount which
should have been protected.

 

Where the developer has become insolvent and the guarantor Bank becomes responsible, does it follow that if the Bank also fails to comply with the provisions of Ley57/68 that they too would be eligible for fines as detailed above?

Fines detailed above are administrative fines imposed by the Government on lack of bank guarantees. These fines are not jointly imposed on the Banks too, as the civil condemnations linked to lack or late completion.

Is there any legislation in existence that make specific reference to fines being imposed on Banks who fail to comply with law or non compliance with Banks' mission statements?

Yes, of course. Check this link:

https://www.bde.es/bde/en/areas/supervision/sancion/sanciones-impues/

Would it be the judge who has authority to implement such a fine against the Bank when reviewing all factors within his/her ruling, where supportive law existed? And which "authority" would be the recipient of such fines?

Judges of the Contencious-Administrative order, have authority to review these sanctions and make them be met.

Could such a building act be contested by the Bank (here we go again!) I do not understand this question, sorry!

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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26 Jul 2018 14:58 by ads Star rating. 3448 posts Send private message

Who knows Baz? What we do know is that the impact of all these Banks abuses and failings have been so significant as to sadly compromise the system of Justice in Spain.

So the question then arises, is there is another way forward to assist in resourcing this impact and effectively act as disincentive to prevent the Banks from proliferating their actions, further exacerbating the system, via a system of fines on the Banks?

p.s. Our posts just crossed Maria, so thank you so much for your response and answers. It is as ever much appreciated.

 

 


This message was last edited by ads on 26/07/2018.



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27 Jul 2018 11:27 by paulsimkiss Star rating in Thailand & Spain. 65 posts Send private message

paulsimkiss´s avatar

I would be the first to admit that the Spain justice system is a rag tag and bobtail affair which the banks have taken advantage and abused. However a lot of this would never have come to light or occurred if it not been for the financial crash of 2008/9. I understand many are chasing deposits with suspect bank guarantees. In reality these people may be the lucky ones as their property purchase never completed and therefore a blessing in disguise. In 2008 I purchased an inland villa at the height of the property market for €400,000, today I would be lucky to get €100,000 for it. I would sooner be chasing a €20,000 deposit.

There has been many casualties due to the financial crash, investors, pension funds, small and large businesses, individuals made redundant. Sometimes you have to accept the roll of the dice and move on, instead of trying to put the world to rights. Life is not long enough.



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