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05 Dec 2019 22:36:

What exact legal points were contested (and won) by the Bank at the Supreme Court?

What reasons have been given in the Supreme Court ruling to justify them overruling a previous appeal court ruling in favour of the claimant?

The detail needs to be fully understood and made more transparent.



Thread: Comfort in numbers.

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29 Nov 2019 11:52:

More questions I’m afraid relating to properties currently dependant on well water in Spain....

Are ALL individuals currently dependant on well water now at risk of major increases going forward?

Are potential purchasers NOW being adequately forewarned in the legal conveyancing process? Are they being made aware of the financial risks and recent shifts in apportioning increased utility costs ( quotas according to square meterage).?

Is there any regulatory structure in place in Spain with regard to utility companies, to ensure that consumers are protected from unfair offloading of their future infrastructure costs? Are these utility companies making fair apportionment of costs across the country to spread the load associated with bringing their infrastructure up to modern day standards ? Or are owners currently dependant on well water being individually targeted in this process going forward?

And then there is the issue of illegal use of water and administrative negligence..

In a report back in 2006 the following was identified....

http://assets.panda.org/downloads/illegal_water_use_in_spain_may06.pdf

 

According to the Spanish Ministry for the Environment, there are 510,000 illegal wells in Spain1. This figure implies that at least 3,600 hm3 of groundwater is extracted illegally each year, which equals the average water consumption of 58 million people. This probably underestimated volume, is in contrast with the volume that is legally extracted, which is estimated at 4,500 hm3/year2. This means that at least 45% of all water pumped from aquifers each year is extracted without regard to legal constraints. “

 

In this context, the Administration – at national, regional and local levels – is responsible too, as it is unable, and in some cases unwilling to tackle illegal water abstraction via political measures.

In particular, River Basin Authorities (which report to the Ministry for the Environment and the Autonomous Communities) are responsible for this situation, as they have been:

1. Negligent in monitoring users and enforcing the Law, either because the administrative proceedings are too complex, or because they lack the means or they are unwilling to intervene.

2. Slow in dealing with proceedings for registration and concession of new water licences, which makes it difficult to detect illegal users and pushes some people to drill wells before getting a reply from the Administration.

Illegal water abstraction is destined for land uses which are regulated and controlled by the Autonomous Communities. Therefore, these, directly or indirectly, contribute to the illegal use of this resource, in the following ways:

1. Political pressure from the Autonomous Communities over the River Basin Authorities in order to avoid confrontations with powerful financial and social groups that benefit from illegal water use.

2. Insufficient control and prosecution of farmland transformations (dry land being turned into irrigated land) on the part of Autonomous Communities, who have jurisdiction over land use.

3. Agricultural policies that do not discourage illegal water use. At present, agricultural subsidies are being granted through Autonomous Communities without checking that the irrigation is done with licensed abstractions.

4. Non-sustainable urban developments promoted and/or tolerated by some Autonomous Communities that do not take into account the actual volume of water available in the region and favour the search for unauthorised water sources.

Users authorized to abstract water, either for lack of information, for fear, or for some kind of solidarity, have rarely taken action to oppose the proliferation of illegal water uses:

1. The users themselves do not participate in the water management process, this results in lack of awareness on their part, which is an obstacle to the rational and sustainable use of this resource. As a consequence, illegal water abstractions are not reported, even though these damage legal users’ rights.

2. The users have not had enough training on the efficient use of the available resources, as a result of which even authorised users look for new resources – illegally.”

And more recently the EU have expressed grave concerns.

https://elpais.com/elpais/2016/07/14/inenglish/1468483302_002625.html

The question then remains are individual consumers now being made the scapegoats to fund the costs associated with illegal use of water that have arisen as a consequence of many years of administrative negligence?

I wonder how many will be affected by unforeseen increases in their utility bills and community charges as a consequence of reapportioning charges( quotas) according to square meterage of their properties? How many will be financially compromised if these increases turn out to be large scale increases going forward?

 

 

 



Thread: Extraordinary Quotas for Future Expenses for Spanish Communities

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25 Nov 2019 14:26:

Various questions arise from this.

Is the existing provision of main water supply not fit for purpose?

Is the current provision a developer’s temporary supply used to construct the development?

Is the suggestion that the developer was supposed to have made financial provision for a fully operational water supply from Hidralia that has yet to be installed, and was this dependent upon developer funds being deposited to cover for this eventuality? Are such monies required to be ringfenced for a specific development?

Or has the developer defaulted in which case are the costs being unfairly passed on to the community of owners under the quota system as set out in the horizontal property law?

Does the town hall not have responsibility from the outset to ensure that habitation licences will not be issued until all utility supplies are installed and operational to ensure that communities are not exposed to this risk?

What redress does the community have when a developer defaults on their provision of utilities and occupation of the development has taken place?

 


This message was last edited by ads on 25/11/2019.
Thread: Extraordinary Quotas for Future Expenses for Spanish Communities

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14 Nov 2019 15:35:

Good luck going forward Maria.

Can I ask, are the two pending cases at the SC that you make mention of, an attempt to overturn the other two cases that were lost at the SC against BBVA? Do both of these losses relate to the exact same specific point of law? Would  it help to explain what is being challenged?

As I understand it, until there is SC doctrine achieved ( I.e. 2 SC rulings on the exact same specific point of law) then you can still continue to appeal to the SC for greater consideration and clarification. Is this correct?



Thread: Fortuna Golf

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10 Nov 2019 13:53:

Kavanagh,

This is not a personal argument as you well know, it is trying to identify on what exact grounds you are making these observations, as they are in effect bringing a critical allegation forward that implies a loophole in the existing currency exchange system relating to authorised companies, which questions the safeguarding of monies, which was intended to protect.

https://www.fca.org.uk/publication/archive/payment-services-approach.pdf (June 2013)


This message was last edited by ads on 10/11/2019.


This message was last edited by ads on 10/11/2019.


This message was last edited by ads on 10/11/2019.
Thread: bank charges

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