ELS ex clients trying to get access to papers/documents

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18 Jun 2020 17:32 by gill_malouf Star rating in Stockport, Cheshire. 179 posts Send private message

Hello,

I have been contacted by several people attempting to gain access to private contracts and bank guarantee related items that ELS held in clients files.

 

Since ELS were forcibly closed down by the Spanish Authorities someone, somewhere must know what happens to clients files in these situations.

These people cannot begin litigation without their basic information. Spanish solicitors do not seem to want to get involved either to help.

 

In the UK the Solicitors Regulatory Authority store original or put the originals on microfiche and store them in Archives.... if these people don't get anywhere they will need to go to the Spanish and English national press because this situation should not be problem it is...and peoples health is being damaged due to the stress.

 

 

Thanks in advance for reading this message.





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18 Jun 2020 18:11 by Kavanagh Star rating in Oil Drum Lane Newcas.... 930 posts Send private message

Kavanagh´s avatar

Hello Gill

You should contact the Spanish financial regulators; your situation is exactly their purpose of existence.

Best of luck.



_______________________
There is enough in the world for everyone, but not enough for the greedy!



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18 Jun 2020 19:33 by gill_malouf Star rating in Stockport, Cheshire. 179 posts Send private message

I don't suppose you have their details? No solicitor seems to want to help...even though these ppl are wanting to start litigation.





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18 Jun 2020 20:03 by Kavanagh Star rating in Oil Drum Lane Newcas.... 930 posts Send private message


_______________________
There is enough in the world for everyone, but not enough for the greedy!



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18 Jun 2020 21:08 by gill_malouf Star rating in Stockport, Cheshire. 179 posts Send private message

Thanks so muc





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19 Jun 2020 16:06 by ads Star rating. 4012 posts Send private message

Bit confused by this Kavanagh 

"The CNMV's Official Registers contain extensive itemised economic and financial information about securities issuers, listed companies, broker-dealers and brokers, collective investment institutions and venture capital firms."

So what has this got to do with Gill's enquiry?

Are ELS a legal firm?

In which case who is the regulator of legal firms in Spain?

P.s. Found this from way back..... ( oh for a memory!) 

https://www.eyeonspain.com/forums/posts-long-12864.aspx

 


This message was last edited by ads on 19/06/2020.



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19 Jun 2020 16:37 by Kavanagh Star rating in Oil Drum Lane Newcas.... 930 posts Send private message

Kavanagh´s avatar

Hello ads

This would be a starting point in order to try and find out who exactly is the regulator in this case and how to contact them.

Perhaps you could provide guidance and assistance to Gill.

Thank you for your contribution.



_______________________
There is enough in the world for everyone, but not enough for the greedy!



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19 Jun 2020 16:45 by ads Star rating. 4012 posts Send private message

No unfortunately I can't Kavanagh....don't have the knowledge hence my question re who regulates legal firms in Spain?

 

 


This message was last edited by ads on 19/06/2020.



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20 Jun 2020 12:57 by gjohnint Star rating. 47 posts Send private message

Sorry for bad  tidings but if its like the UK there is no effective regulatory body supporting non solicitors. Regulatory bodies are there to protect their members as are those in the UK. Try getting them to take action or make recompence for solicitors trading against their rules and you will get nowhere.





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20 Jun 2020 18:40 by ads Star rating. 4012 posts Send private message

Sorry not good enough if a system allows Banks to accept deposits from any source without proof that all due  checks and safeguards and strict adherence to existing LEY 57/68 Bank Guarantee law were complied with FROM THE OUTSET?
 

For any offplan development all monies had to be placed into recognisable developer SECURE SPECIAL accounts that were fully safeguarded with INALIENSBLE RIGHTS no less. It was for the Bank to ensure that any monies deposited into their safe keeping were easily identifiable and that legal BGs issued accordingly in that process. They have no right to retain monies deposited without their own proof of adherence to this law.

That was the purpose of good BG law that has been contested and won ( in the majority of cases) during the past 15 years and beyond.

Banks have been doing their level best to contest this law using all manner of manipulative ploys however, proliferating appeals and playing the system of delays ..... and are still fighting tooth and nail on some aspects of this law as we speak.
 

Only when justice prevails in this regard will it ever be safe to suggest that Banks can be trusted to behave with all due compliance as per their mission statements. Progress has been made but it has resulted in lengthy and costly litigation....it's taken years to get the Supreme Court to rule in favour of innocent purchasers and thereby set legal doctrine to make Banks accountable for return of deposited monies, and where applicable accountable for interest and costs. 

The problem now however may rest with those who delayed litigation for all manner of reasons, as there is a time limit of fifteen years applicable to this law.... ( many may have been  given false information or suggestions made that they were fighting a lost cause, or they have been denied the ability to find relevant financial data, etc).

In other words you have to have started litigation within 15 years of placing deposit. Those who are sadly outside this limit will have to seek other means, but this is where knowledge and case law and willingness to proceed with litigation becomes dependent on trusted law firms to correctly assess the "likelihood " of success, dependent again presumably on all manner of circumstance. 

But this instance should not let those who bring the legal profession into disrepute  off the hook, since again there should be a system in place to protect. For instance when the Spanish authorities closed down the firm, did they immediately seize all client data to act as protection going forward? Had they ensured that legal liability was compulsory and complied with? 

So many questions I'm afraid and presumably only those good law firms willing to thoroughly investigate the circumstance and assess the detail from a realistic perspective can educate us all in this regard.

Its not in anyone's interest to jump to conclusions until all the facts are known. Hopefully someone who has full knowledge of these cases can provide greater clarity and transparency.

P.s. In some instances original conveyancing lawyers who appeared to have had a potential conflict of interests (I.e. they were not independent ) have been "encouraged"  to provide financial information necessary to proceed with litigation against the Banks by the Bar Associations but this has been dependent upon good experienced law firms who "took over" the case to request this, ....the premise being that if the original conveyancing lawyer did not comply with this request, they would presumably be at risk of litigation or fines themselves or in the worst case taken off accreditation lists.... But again it depends upon a good trusted independent  law firm intent on protecting clients best interests to use their experience in this regard.


This message was last edited by ads on 20/06/2020.

 


This message was last edited by ads on 21/06/2020.



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21 Jun 2020 11:04 by gill_malouf Star rating in Stockport, Cheshire. 179 posts Send private message

In the UK if a solicitors firm is closed down the SRA arrange to store client files. In fact I know this because I took MBNA the credit card company to court and the 1st and 2nd solicitors firms were both closed down 'in the public interest' so I managed to tell everyone I knew who had used Watsons and 'Brightons oldest solicitors' (then).

 

We all recieved the storage boxes with our files....so Spain must have some sort of similar thing happen when they close firms down. It seems the Spanish solicitors do not like to direct potential clients to who has the files...perhaps it's time to get the UK & Spanish press involved as this is absolutely disgusting.





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21 Jun 2020 12:29 by ads Star rating. 4012 posts Send private message

Question for Maria,

Please could you advise if there is a Spanish equivalent to safeguard clients files upon closure of a law firm ( for whatever reason) and if there is a legal facility to requisition such files to protect the rights of innocent citizens?

Question for Gill

Is this related to BG law, in other words were they offplan purchases, or are these instances related to properties subsequently deemed to be illegal development(s)? It's very confusing...

In which case another question for Maria.

Please could you identify do all Spanish lawyers have to comply with provision of legal liability insurance, and if this was not the case back in the day when these people were compromised in this manner, where do they stand from a legal perspective?
If the notary has proof of deeds for those properties, then is the Notary ultimately responsible for checking that the property had all required documents to substantiate its legality? Would the Notary then have legal liability insurance to assist in any subsequent claim?


This message was last edited by ads on 22/06/2020.



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