Rough justice yet again!

Dear Ads:

In our case, once there is an initial provision of funds, all legal actions are included. This is full respectful towards the rules of the Law Society. Every lawyer can have its own criteria, respecting minimums by the Bar Association as you know. The no win-no fee structure is also approved now in Spain, so we charge provision of funds and no more legal fees till we effectively offer to the client his money back.

Again, every Law Firm has its own policies, with a minimum to be respected and which is stablished by the Law society.

Thanks for the clarity on that Maria.

Maria

Thank you very much for your answers to our many questions.

Kind regards Chrissie1 (Christina)

Justin,

I think this thread is hidden under chit chat and many who are unfamiliar with EOS may miss the postings, so would it be possible to set up a separate section for Justice issues, maybe entitled simply Justice issues!! Could you then move this thread to the new section or is that too complicated?

Just a thought......

Hi Justin

I agree with Ads it would be easier if there was a thread entitled 'Justice Issues'.  I had not seen this thread until a few days ago and I did wonder ed why it was buried on the chit chat title.

Kind regards Chrissie1

It seems that rough justice has found a new victim.

Im sure that many will be pleased to read the following.

This is from another site so hope it does not upset the author but this is bound to be of interest to many.

Luis Caparrós is out. He may be best known as the man who ran the witch-hunt against British-owned homes in the Almanzora Valley but it appears that, according to this article in the Noticias de Almería, Sr Caparros has been found to be connected to a corruption investigation in Huercal Overa and two other on-going provincial investigations.

Meanwhile (AUAN Press Release): One of the ‘Albox 8’ was the recipient of some good news yesterday when a judge ordered that proceedings to demolish their home should be set aside and the case re-tried. The Juntas’ objections were denied.
Their lawyer (Gerardo Vásquez) cited case law which included the Supreme Court ruling in favor of Helen and Len Prior to convince the judge that the homeowners had not been correctly informed of the proceedings against their home.
 

 Dear All,

yes please Justin!!!!!!!

it would be great to get away from the "sillies" and "spinners" and their "bitter and twisted" nonsense.

Regards

Norman

Norman

It's not very nice to say someone who has lost their life savings on a Spanish property deal is bitter and twisted.

I have every sympathy for these poor souls and hope that by them telling their story, if need be over and over again, saves someone else from the same misfortune.

Also many of these people have been through the legal mill and will tell you it's anything but plain sailing.

Are you planning on banning these people from your new thread?

 Faro,

I am afraid you misunderstand.

I am a victim myself and have suffered every possible criticism from the "sillies and spinners".

they invade the thread to tell you to "take it like a man", "stop whining", "move on", "life is not about money", they invent every possible suggestion to persuade you not to air your complaint.

They deny everything, the rubbish build, the missing facilities, their nonsense is endless.

Some even deny subsidence and landslip they are so intent on deception.

Some even want to boast about their wonderful talents in "planning" and how they even achieved a double plot for the "dream" purchase.

One even wanted to tell me to think myself lucky I was not dead, like his wife who suffered elderly cancer, in his eyes apparently I am really lucky to have only lost my life's savings to fraud.

Perhaps that clarifies things.

Regards

Norman

Norman

I'm totally with you.

The place is full of fraudsters!

Aplologies for mis-understanding you.

This is a bit last minute but for those interested in justice issues Marta Andreasen will give an interview to Talk radio Europe (www.talkradioeurope.com/)  today at 11.15 continental time.

Her website for those wishing to make contact is www.martaandreasen.com

 What about a campaign for pressing Financial Institutions to pay off in those cases where they failed to secure on the existence of Bank Guarantees/Insurance policies for off-plan buyers?

This is resulting in very costly and long judicial procedures with a big battle at the end in order to enforce a Court Decission and obtain the funds back. Many developers are now very short of funds in Spain.

If Banks where your money was deposited can show they made all possible for the existence of the Bank Guaranteess, then, just conveyancers and developers will be liable for the missing of it. 

But someone needs to respond for this disaster and Banks were officially and legally entrusted by Law 57/68 to custody off plan purchasers´funds.

A big battle and a reunion of efforts is needed here, we are concerned they were lon.-life savings for many of you.

Who is joining o us regarding this? Before starting the judicial battle, we are sending a communication to Bank of Spain to state expressly on liabilities of Banks on this particular point: please email us if you are in that situation.

Best regards,

Maria

EXTREMELY DISTURBING DEVELOPMENT FOR THOSE ON THE AIFOS CREDITORS LIST

Despite being on the Creditors List and having a judgement from January 2009 ordering Aifos to pay up We have

now been informed that Aifos are taking up a lawsuit against us and saying "nothing was ever settled" and trying to

get us removed from the Creditors List.

The gall of these people knows no bounds. They have now had our 74000 Euros and never laid a brick for over 4 and a half years.

We have been informed by our Lawyer that it will cost another 1300 Euros to defend ths otherwise we risk losing our place on the creditors list.

I simply cannpt understand what the point of this is when we have already proven our status to get on the Creditors list.

I utterly despar.

Is it worth throwing even more money at this hopeless cause ?

Dear All,

what misery!!!!!!

it is often said here that Spain and the Spanish are wonderful people and that it is Brits ripping off Brits??????

were there any Brits at Aifos???

my recollection was that they were all Spanish.

if they are already in administration who is funding this action???

utter misery again..

Regards

Norman

Johnmfrancis5:

Did you have a Bank Guarantee? If you did not, ask your lawyer to simultaneously start an action against the Bank where you deposited your money for the off-plan purchase out of provision 1.2 of Law 57/68

Please keep us posted,

Maria

johnmfranci5

I have never heard anything so utterly wrong, even in Spain!. This is nothing but abuse of human rights by the Spanish government if after winning our cases against Aifos, they are allowed to even try on this rubbish!  

Of course we should not throw any more money at this, we have nothing to defend!  After many years we have been proved 'right' in court, and Aifos proved wrong countless times for corruption, lies, fraud, and just about every other crime in the property industry. If our court wins are not honoured by the those responsible for justice in Spain, then clearly those people are not fit for their position, and that must go to the very top.

I feel the time for the EU to step in is well overdue, and very clearly proved once again!!  This is more akin to third world corruption than EU law, and should be treated as such.

mariadecastro

for heavens sake, how can you advise anyone to pay more money through lawyers to defend a very clear case of corruption by not only Aifos, but by the Spanish justice system for even allowing this pathetic situation to exist????.   We don't want more bills from lawyers when our cases against Aifos are proven, and we have paid out for, and been accepted as bonified creditors.

If you can't see just how wrong this is, and why the responsability lies firmly with the Spanish government to sort out this corrupt mess, then I have to ask if you or other lawyers in Spain know the difference between right and wrong??  I'm sorry to sound so harsh, and I know you give alot of time and info'  on this site, but enough is enough. Those of us cheated have paid out enough, to try and get justice in a dreadful justice system.

We need common sense decent action from someone in a position to act on our behalf,  who recognises the truth and can secure justice for those clearly wronged, not more money spent on lawyers, and certainly not more lies and corruption from the Spanish system.

I am in a very similar position to Johnmfranci5, purchased off plan 2004, nothing built, no building licence, court case won in full for refund and compensation and costs in 2008 but not a penny back.  I haven't been threatened with a court case from Aifos as yet though I will watch the letter box closely every morning now. 

On a more positive note what would Aifos hope to achieve by removing people like me from their creditors list?  From what I understand I'm only likely to get pennies anyway so why would they throw money at getting people like me and John removed from the creditors list?  Do they hope to start trading again and are trying to reduce the creditors list as much as possible to give them the best possible chance?  If so that could be the first bit of positive news we've had in a long time.  My instincts tell me there is a more sinister underlying reason!  I can't see a benefit to them in the position they are in.  Any ideas anyone?

Yes thanks for the replies so far Goodstich, coombsey and Norman.

Yes what purpose would it serve trying to pursue Spanish  Banks other than to make Lawyers even richer ? You have seen how the British banks have got away with it on the Bank charges affaiir so I cannot see how pursuing Spanish Banks would resolve anything.

I do agree coombsey that yes does this mean there is something there they are trying to protect and that would be the only reason we would choose to continue,.

We have about a week to make up our  minds on this.

Its catch 22 really. Do we throw yet another 1300 euros away in the hope of protecting very little ?

What I would say is that all you Spanish Lawyers - and I realise there are good professional ones out there should really be utterly ashamed of your legal System. (and hopefully you are !) 

Are not Lawyers supposed to be professional ? Why is a Lawyer bringing this case for Aifos when Judgement in a Spanish court has already been made against them and they have signed to agree to repay the Money ? How is the Adminstrator allowing frivolous legal fees to be run up ? That leaves even less money left in the pot for the Creditors.

How can it possibly be right or fair that you are force to pay 1300 Euros to defend a complete falsehood  when all that is required is to email the court a copy of the Agreement they have already signed ?

What happens if we pay this money and then in a few months they do the same again ?

I realise our case is just 1 one  of thousands but it seems to me there is absolutely no will or intention whatsoever of Spain or its legal System ever wanting to try to clean up its act.

Sad to say I cannot ever see Spain stopping this legal corruption unles Europe get tough and actually stop their Euro handouts.

This message was last edited by johnmfranci5 on 13/05/2010.

This message was last edited by johnmfranci5 on 13/05/2010.

This message was last edited by johnmfranci5 on 13/05/2010.