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18 Oct 2017 17:15:

Gill Malouf

A few questions spring to mind....

Has this lack of due diligence associated with your conveyancing lawyer etc been reported by your current lawyer to the Bar Association and if so what response did you receive? Could this assist your case in any way?

Is failure to include IVA a valid reason to prohibit you actioning a claim against the Bank? 

Might this be deemed an abusive purposeful ploy to prevent enactment of the Bank Guarantee?

Under what circumstances can a lawyer in Spain refuse to handover a case to another lawyer?

Would you be entitled to legal aid in Spain or do you have to be a resident to qualify?

 

 



Thread: Spanish legal fees - taken all of our Interest on deposit

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18 Oct 2017 11:29:

Thank you once again for the clarification re interests Maria. 

Could I ask some questions please from a wider perspective?

Are Banks ( via Ley57/68) currently being made fully accountable in judicial rulings for ALL costs associated with enforcement of this law, in recognition of Banks' non compliance and abusive and compromising malpractices?

Was the interest component associated with this law intended to act as deterrent (to prevent the Banks proliferating and, where applicable, unnecessarily abusing the appeal process and thereby obstructing the rule of law), as opposed to a compensatory route for the client to reclaim any unrecoverable costs? I'm thinking of the instances where Supreme Court rulings have already been clarified in terms of interest back dated to date of deposit, and yet the Banks still continue to ignore such rulings.

The bottom line is we should all never lose sight of the need for correct and consistent enforcement of a law in Spain intended to FULLY protect against non compliance and manipulative and obstructive behaviour by the Banks.

But also we should never lose sight of the need for adequate regulatory structures ( via the Bar Associations?) to be in  a place to ensure that legal professionals act with all due diligence and competence expected of their professional status. 

It appears that the latter has some way to progress if those law firms who continue to compromise clients, by failing to demonstrate due competence and diligence, fail to profer up-to-date advice and make false promises and claims in that process, are to be made equally accountable.

We should all, good law firms and clients alike, be striving as one to ensure a productive outcome with regard to all of the above.

 



Thread: Spanish legal fees - taken all of our Interest on deposit

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17 Oct 2017 19:17:

So is the implication in some cases that those law firms now offering no win no fee option (who have decided for whatever reason not to follow minimum levels of fees when pursuing claims against the Banks), are now in effect leaving claimants worse off than those who pioneered the route to justice against the Banks, Maria? And yet these law firms weren't involved in this pioneering route to justice?

And are these law firms in some cases the same law firms who failed to ensure due diligence for their clients from the outset, with regard to ensuring that Banks provided legal Bank Guarantees?

And are these law firms, who never pioneered for justice in the early days (in many cases suggesting quite the opposite), now expecting to apply fees that are in excess of fees imposed by those few pioneering firms who have paved the way to justice?

IMHO the Bar Associations should be made fully aware of this disgraceful ploy to maximise fees at clients' expense, with the minimum of effort, especially those who ironically from the outset placed clients at great risk in the original conveyancing process.

They bring the legal profession in Spain into disrepute. I am almost tempted to say they appear as "leeches" on innocent claimants who have already been exposed to the most abusive of malpractices.

Or perhaps I have misunderstood?

 


This message was last edited by ads on 17/10/2017.


This message was last edited by ads on 17/10/2017.
Thread: Spanish legal fees - taken all of our Interest on deposit

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14 Oct 2017 11:10:

Acer

I completely relate to your frustrations, but until regulatory structures are in place and properly enforced then it becomes even more essential to put complaints on record to act as evidence of non compliance or identify  loopholes in the system.

To "give up" on the monitoring process in place to protect only magnifies the problem. Only when these credible realities are consistently reported AT THE HIGHEST LEVEL ( for instance in the EU to Vera Jourova the justice minister, or in the country of origin to their relevant "highest level"" minister) will there ever be reform and greater accountability.

The problem for all too many is that the consumer is not clearly advised, properly educated, as to who and how to contact these regulatory bodies with their "credible" evidence of complaints. This, together with timeframes, should be clearly marked ( not hidden in small print) on all hire contracts should it not?

Vera Jourova contact details

vera-jourova-contact@ec.europa.eu


This message was last edited by ads on 14/10/2017.
Thread: Car rental scam -BEWARE

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11 Oct 2017 13:22:

Is this who you contacted healhtyannie, or do you have other contact details for EOS members who wish to report a complaint?

http://www.ukecc-services.net/contact.cfm



Thread: Car rental scam -BEWARE

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