Rough justice yet again!

Let´s check what Case Law says regarding this: as promised: one week from today to prepare the report: deadline next October the 13th .

Please note that Tuesday 13 in Spain is like Friday 13  for anglo countries so... 

Well... I am not superstitious!

Hi Maria

ref: your blog this morning.......

That's a move in the right direction. Only time will tell just how many will benifit. I see no excuse for those of us ultimately cheated by the courts/government not being compensated when cases are won but court delay renders the win useless!.

I await your report next week with interest on our situation regarding court delay.

Thanks for reminding.... I almost forgot about the report for next Tuesday!  ( Monday is a national Feast Day in Spain) Dia de la Hispanidad or Nuestra Señora del Pilar.

......no problem.

hope all the good people in Spain have a good Feast Day.

Dear Goodstich:

Would you and all other interested people give me another week for this report?

Please

Maria

Ps.- I know it is ironic to be on delay  for a report on Court delays but... I know you are generous people.

Hi Maria

I'm sure we are all very gratefull for all the help and your time you give on the forum, and we will be glad to get the report in a weeks time.

Dear Goodstich:

Here the conclusion of the study regarding delays of the Justice system:

 The State Council, the highest government advisory body   to whom are submitted those assessments regarding  financial liability of the State for delays in the administration of justice, and whose assesmemnts are crucial for the State´s decission on this valuates the State is liable when a debt becomes impossible to be cashed due to undue delays or irregularities in the working of Justice services if:

Legal tip 166. No Bank Guarantee?: action against the Bank
20 October 2009 @ 08:41

 

Madrid, November by Martius at Flickr.com

Hi Maria

thanks for the info' on my situation as it stands.

 I understand the matter of having to wait for the final insolvency proceedings, (though I feel this is still wrong).

My biggest concern is about the delay by the courts. My case against Aifos was accepted by the courts in April 2007. Aifos didn't go in to administration until july 2009. So the courts had two years and three months to secure my life's savings stolen by Aifos as proved in court this September.  It's very obvious to me and anyone else that if the courts had past sentence in a reasonable and acceptable time frame, we would still have had a huge amount of time left to bring the court embargo in to action, before Aifos went in to administration, and  raise funds from the auction of the Aifos property in the embargo, to be returned to me as the courts agreed when they issued the embargo.

Why on earth should this be ''A big job in terms of proving'' ?.  it's just the courts not doing their job in a reasonable time, there is no doubt about that. Could anything be clearer and easier to prove?. It speaks for itself!

Any feeble excuse by the courts for not compensating me for their incompetance amounts to either fraud, theft or corruption by the so called highest powers in the land.  If they won't be honest enough to admit their faults then I guess we have nobody else to turn to in Spain? 

Many feel that if Spain won't get their house in order over matters like this, then outside forces must get involved. I feel that's probably our only chance of justice if we recieve nothing through the insolvency procedure?

So, in practical terms, if the collection of your debt is affected due to the creditor’s meeting, you need to wait till final result of the insolvency proceedings, and once proved you will not be able to collect the debt, you need to prove that the impossibility is clearly and precisely an effect of the Courts delay. A big job in terms of proving.

Maria

just a point I didn't mention. when the courts accepted our case in April 2007, they were very well aware of all the cheating and bad practice going on by Aifos. Cases were being brought against Aifos on a very regular basis.They were also aware of Aifos's debts and bad dealings that would surely lead to them going under in the very near future, but still they waited over two years to pass sentence on our very clear case!! 

There is no excuse for their actions that denied us justice.

http://www.spanishnews.es/20100225-insolvency-proceedings-detrimnetal-to-buyers-of-aifos-apartments/id=2254/

I think this means this is the end. I doubt we shall ever get a penny back. But t6he article does not really seem to substantiate what the headline is ?

This subject has gone very quiet for a while.

I have now come to realise just how stupid thow I ever was that to consider ever investing a single penny in Spain. I am looking at a loss of over 60K GBP. A significnat chunk of my working life. How could I have been so stupid ? And then I was even more stupid to throw another few thousand euros on legal fees thinking there was a chance of recovering anything. Maybe one day We might get something back but I doubt it.

There is not reallyt much left to say as I think everyone has already covered it. I can only warn my children never to make the same mistake as we did. If there is a god I only hope that the owners ot Aifos burn for eternity in hell.

Hello mate - you were not stupid, just trusting.  I personally feel that the whole of Spain will be knocked backwards for many years to come by plights such as yours. 

 Time to use loss actions ( tort-negligency) against those who should have secured on the existence of Bank Guarantees: conveyancers, Banks...

Who have said the fight is over?

For this actions to be available, an effective loss is needed, and... it seems the loss is now becoming more than evident.

johnmfranci5

as Russ says, you were not stupid, but had faith in right and wrong, and trusted that those who are in legal positions of trust would at some stage be forced to do the right thing if they would not be honest enough to act in a reasonable way willingly.

As you say, the article does indeed not substantiate the headline. I get the horrible feeling that it was saying that there is so much money owed that only preffered creditors like banks, staff, etc will get a look in?. I will ask my lawyer this week what this means for us?  He did assure us it was very much in our best interest to go on the creditor list. We shall see???

Our case is probably different from yours in as much as we have won our case against Aifos, and had the courts not delayed our hearing by over two years, and then on top of that the sentence by a further 6 months, we could have at least bought our embargo in to action which our lawyer had secured through the courts two and a half years previous to final sentence.

I would like to think Maria is right in not giving up the fight, and that loss action can be taken, but like you, I have little faith in Spanish justice after what we have been through, and wonder in our case who we could claim against without throwing away a load more money to a lawyer, and the time and stress involved, with no guarantee of justice?

This is a terrible and hugely frustrating experience.  We have been following Goodstitch's fight for justice for some time and the whole thing has been a sham, as he has explained here.

Every time we drive passed an unfinished development, where work has stopped, we wonder about the number of people that trustingly ploughed their life savings into those apartments which may never be finished.  The true extent of the amount of money lost by unsuspecting local and foreign buyers in total must be staggering.

Although you may feel like giving up, I know I would, you need to do anything you can to fight for your money.  They shouldn't be allowed to get away with it.

There is always hope and as Maria says, loss action may be the route to take.

So don't think you are stupid in any way.  The systems in place to protect you failed.  It isn't your fault.  Just don't give up just yet.

Justin

I'm not posting much these days but, like Justin, I have been following Goodstich's story & his fight for justice for a very long time. I would like to say I've seen many newer members or some who may have been members for some time but they are obviously not reading the threads too much, criticise him for being ... what they claim ... a doom & gloom merchant. NOT SO! Goodstich, in my opinion, has only informed many, albeit many times, that Spain isn't necessarily what you expect. He has first hand knowledge as have many others. I read the forum quite a lot, though nothing like I was once doing, & I can't recall Goodstich ever being rude or disrespectful to others despite some doing that to him. Goodstich, I, for one, applaud you.

I agree completely More.

Good post More.  I fully support Goodstich and his posts re Spain....., always have, always will.

Me too I support Goodstich ,  were are in the same situation as him so I know where hes coming from. Its not doom and gloom just fact.

Dear All,

well done, but what sort of people are they who invade these particular threads and insist on telling us how bitter, twisted and boring we are.

the thing that gets me about Goodstitch, is how I wish I had only lost as much as he, if so I could do it all again, like Bobaol and perhaps even get things as right as our favourite ape person.

Regards

Norman