30 Nov 2020 21:55:
Dear Maria,
The only aspect that Banks appear to respond to is when they are made sufficiently financially accountable for their behaviour and disrespect of law in place to protect. At present it would appear that the final financial penalty is insufficient to act as EFFECTIVE deterrent against their continuing exploitative behaviour.
In the case of Ley 57/68 claims, costs are not always fully recoverable and interest is backdated but is not continued to the point of final rulings, which acts as little disincentive to continue with their ploys and "play the system of delays" and significantly overload the courts and justice system in that process.
The problem that many appear to have been exposed to is the way that banks, in full knowledge of SC rulings that took years to achieve, continued to proliferate appeals which undermined courts ability to “cope” under the interim growing pressure, continuing to suggest elements of doubt until such time as SC doctrine was fully established ( requiring 2 SC rulings on the exact same point of law).
So final clarification of law (SC doctrine) with regard to return of principle monies took years to achieve following major proliferation of appeals, but then to witness a repeat of this purposeful "tactic " with regard to gaining clarification of correctly backdated interest became highly questionable. And all without recognition of specialised courts to fast track and assist, as called for by Keith Rule all too many years ago!
Likewise to witness Bank submission of cassation appeal and then at the last minute withdraw their submission ( the detail of which was highly questionable from the outset) , again in full knowledge of how this significant delay subsequently compromised the innocent claimant, let alone the impact on those who follow, without “adequate” financial additional penalty to deter such exploitative behaviour I.e. in full recognition of bad intent, just beggars belief.
The “ relative “ monies involved to make Banks accountable are but small fry (comparatively small) to the Banks, but are significant to individual innocent claimants when they are left waiting in many cases a decade and a half for justice and rightful retrieval of all their monies, including interest and costs, when deposited monies ironically were supposedly protected from the outset under INALIENABLE rights according to law.
The Bank of Spain does not appear to have acted in any responsible way to act as regulator to ensure that their Banks remained compliant with law in place to protect, nor ensure that they adhere to their so called “ mission statements”, that to the common man gives the false impression upon reading the statements that they are to be trusted and are adhering to compliant rules.
It’s hypocrisy of the highest order, and has done untold damage to trust within the Spanish real estate industry.
But the saddest aspect of all is that Banks have been allowed to undermine trust in the justice system itself.
The whole scenario needs review from a much higher perspective in terms of adequate financial penalties where innocents are no longer scapegoated in this scenario, and good law firms AND clients alike can reclaim trust both in one another and the whole sorry system.
The Banks should never be allowed to divide and rule in this manner where again they exploited vulnerabilities with hidden agendas by working with law firms who it transpired were also duped ( or in some cases transpired to be knowingly complicit) in their failures to provide legal BGs ( non independence) as Banks purposefully turned blind eyes to such essential adherence to BG law with full adherence to safeguarding of deposited monies.
Their manipulative behaviour has done untold damage to trust which will sadly take years to overcome unless more is done to swiftly call for the Bank of Spain to act as effective regulator and the Government provide adequate resources in the interim, in the form of specialised courts for competent trusted and effective fast tracking of outstanding claims with timely judicial enforcement.
In the interim, thank you for your patience to listen, to continue to educate, and willingness to seek out ways to improve the status quo. I hope and trust that those who have problems re communicating will also gain some understanding of the complex and highly procedural elements to achieve justice under the status quo, which accounts for all too many of the significant background delays associated with rightful recovery of all of their entitled monies.
Stay safe and strong and good luck with all your continuing endeavours
Best regards.
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