Bank Repossessions Again

And just look at what is happening in Somalia, Syria and Afghanistan, frightening to realise that differences of opinion on the power to rule can rest on a tightrope, before possible national unrest.

Baz, I don’t believe I reprimanded you on the level of corruption, I was just trying to give a modicum of benefit of doubt even though as the OP I have been experiencing and on the receiving end of this level of sharp practice for some time.

As a President of a Community, I’m sick and tired of banks excuses and practices in spite of the law when it comes to repossessions.

I also appeared in court on behalf of my community and won 97% of the damage claim against the developer but still had to pay our own legal fees.

I was also informed that Presidents are not necessarily expected to tell the truth in court and as you rightly point out, witnesses are expected to but neither defendants or claimants can be charged with perjury so NO reason for a defendant NOT to go to court, in the hope they get a sympathetic judge.

hugh_man.

You have a mis-understanding here, I never said or implied that you reprimanded me in any way shape or form, it was from someone else, certainly not you, that told me Spain, or it's legal systems, lawyers and so on are not corrupt.

Baz.

It has been previously noted that 

“Article 117 of the Spanish Constitution, "Justice emanates from the people and is administered in the name of the King by Judges and Magistrates who are members of the judiciary, independent, immovable, responsible and subject only to the rule of law." 

Is this correct?

If so, it would follow that when lack of judicial independence and the rule of law is threatened ( protectionism or lack of timely justice or major under provision of resources etc) then this would be in contravention of the Spanish Constitution would it not? 

If so,  people do appear to have the power to ensure that the rule of law and justice is adhered to, but only if adequate reporting, monitoring and enforcement mechanisms are in place to assist in that process. 

This is why it is essential for good legal professionals to address this reporting and monitoring issue on behalf of their clients, by reporting instances where lack of timely justice and proliferation of Bank appeals born from lack of legal certainty, only exacerbate the problems associated with MAJOR delays being exploited by the Banks, and this is directly compromising the system of justice in Spain, which in turn is in contravention to the rule of law.

The EU are supposed to have infringement powers however, to regulate with regard to the rule of law, but as we all have born witness to, they have failed to enforce infringements and act upon evidence from many past petitions and debate in the European Parliament ( indeed at times frustration spilled over with one supportive MEP sadly suggesting that Spain was acting as a bandit state!)....The EU commission responded by suggesting that time should be provided for nations such as Spain to put “ their own house in order”  and reform.

It may be argued however, a decade on, that time and patience has run out in this regard in terms of the ongoing proliferation of compromising delays and non compliance etc, so now the emphasis shifts from people’s petitions to more authoritative evidence, which is why claimants should be requesting their legal representatives to be far more collectively proactive in reporting back instances of perceived Banks non compliance and lack of timely legal certainty (SC rulings or decisions re non admission of Cassation Appeals),  to counter proliferation of Bank appeals that continue to significantly compromise timely enforcement of justice, etc, 

But also this is why I asked the questions “how is bad intent and non compliance interpreted in law and what evidence would this rely upon? Do for instance the SC have sufficient evidence to date to substantiate such behaviour and has there been any direct reference to this in their current doctrine going forward?”

The Supreme Court may well have it in their existing remit to recognise such non compliance or a pattern of bad intent by the Banks, and to rule in this regard ( such aspects as TIMELY non admittance of highly questionable Bank Cassation appeals that are sometimes submitted with falsehoods relating to their claims, in a perverse and manipulative ploy to exploit and disrupt the system, especially when hard fought for doctrine and majority case law has already been achieved).

The problem at present is that it can take 18 months before a Cassation appeal could be deemed non admissible, let alone another 18 months if admitted, before a SC ruling is achieved. And during this lengthy period of time the Banks are not being made accountable for accruing interest beyond the point of AVAL ( the promise to pay) which could be several years prior.

So the plea goes out to good legal representatives to please act collectively upon this, in not only their clients bests interests, but also in the interest of a justice system that is currently being significantly exploited by the Banks.

Your plea can go out to anyone you like in the bandit state! Their answer is we are not rocking the boat in a system that provides us with a good living in our could not care less attitude and no responsibility regime.

Im afraid Ads, that i tend to agree with angeleyes & Baz, fortunately there is enough sand in Spain for everyone to keep their heads buried.

the EU are certainly not going tointerfere and push harder and alienate themselves considering their policies and reliance on the Euro have created such mass unemployment in Spain and other southern states, if they did, the independence movement in Catalunya and elsewhere would gain more strength, Sanchez is already wondering how on earth he could ever actually get elected and sadly EU funding for airports, opera houses and roads to nowhere is slowly drying up.

Hi I have just been at the Al Thalassa in Vera Playa and I beleive there are some reposessed properties for sale. Does anyone have any details on which bank has them and who to contact? any help greatfully received.