06 Feb 2013 10:50 AM:
Andrew, thanks for your post.
As I mentioned when I started a thread about a possible class action against CAM Bank last month, I am an English lawyer currently working in Barcelona for UHY & Fay, a mixed law and accountancy firm, which also has offices in Málaga, Puerto Banús, Madrid, Santiago de Compostela and Tenerife. The firm’s litigation department specialises in fraud and financial scams and the criminal and civil claims that arise from them. It has broad experience in representing clients who have been defrauded by unscrupulous financial advisors and property developers across a wide range of different scams.
Having spoken to several people affected by the problems at El Trampolín, I understand that residents have a variety of different problems and have a variety of different views about how best to proceed – as well as having a variety of different lawyers. Without knowing the details of residents’ individual cases, it would be presumptuous of me to suggest the best course of action and I am very aware that people are wary about spending any more money on lawyers than they already have.
Nevertheless, if people are considering action against CAM Bank, it seems to me that it would be more likely to be successful if a group action were brought, since it would suggest a systematic fraud. The legal costs would also be spread over a number of people. When I talked to my boss here in Barcelona about the situation, he also raised two further points. The longer that people make no legal complaint about the mortgages taken out with their apparent approval, the longer it looks like they have tacitly accepted them. In addition, if action is to be taken against CAM, it would be best to take it when they are disorganised and have not been able to work out their own strategy for dealing with the issue in advance.
Having spoken to my boss, our proposal is that we come to Murcia for a day sometime towards the end of February. We would then be happy to meet anyone who wished to come and speak to us about their situation. From my firm’s point of view, this would enable us to gauge whether a class action might stand some chance of success. From your point of view, it would give you a chance to ask questions and get another legal viewpoint. Clearly, it would be irresponsible to commit the firm to anything beyond this general consultation and equally it would be unreasonable to expect any of you to commit to anything more than this either. Essentially, what I am proposing is an opportunity for both you and us to size up the situation.
As you will appreciate, though, there is no point in our coming unless a sufficient number of people are interested in meeting us. I would be very grateful if anyone who would be interested in doing so could either post a reply on this thread or personal message me. I will then try to sort out a convenient day to come.
I hope that eventually and in whatever way you all manage to receive justice.
Yours sincerely,
Charlie at UHY
This message was last edited by charlieatuhy on 06/02/2013.
Community thread:
Open response to those asking for MY advice about Aguilera and the CAM Bank Mortgages
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