CAM Bank Fraudulent Mortgages

This “post” is really directed only at those affected by the Fraudulent CAM Bank Mortgages put in place against their properties by Aguilera and Martinez. These mortgages I believe only came to light in January 2008 after I had been given a copy of the valuation document (which some of you will have seen) for my Plot 82. It was when I became aware of this Mortgage and the fact that it was for considerably more than was left outstanding against my property that it became self evident that completion would be impossible. The Courts have now decided that the “double sale” of my property was indeed an “Estafa” (fraud) and so Aguilera will be facing trial and sentence on that basis. However … and this is the real point at issue here … one of the “Defence documents” presented by Aguilera is a letter “supposedly” signed by me agreeing to the placing of a Mortgage against plot 82. This letter is dated 29th June 2007 … some 6 months before I became aware of the existence of the CAM Bank Mortgages and so is clearly a forged … and by extension a “fraudulent” document! I am demanding that the original be “forensically examined”.

This document is written on “Solera” letterhead (now why would anyone do that?), in Spanish … I can neither read or write in Spanish, making no reference to any specific sum of money (why would anyone agree to such a move in any event?) and signed in a very “Spanish” manner over the typed name … something we simply do not do in the UK. I repeat … I saw this document for the first time some three days ago.

For me the issue is clear … it shows a clear intent and tendency towards fraud by Aguilera at the outset; to the rest of you it may provide just the sort of evidence you need to counter the claims of CAM Bank about the Phase 2 Mortgages where I understand they (CAM) are suggesting they hold similar letters signed by you all.

Finally, the “Defence witness’” being relied upon by Aguilera include an individual who CLAIMS to be my friend yet physically threatened me when I initially raised the objection over the sale of my property … Andrew Wild, a man whom I have never met and had absolutely no contact with yet who claims I sent him an email requesting he sell my property … Richard Cummins and two ex employees of Trampolin, Maria and Mey neither of whom are able to confirm the assertions of either Wild or Cummins! However I would like to stress that although I am aware Cummins took my property in lieu of commission to sell to Mr and Mrs Philips who I fully accept that they were totally innocent in this fraud.

I would like to hear from any of you who have copies of similar fraudulently prepared letters in order that I be able to prove to the Court the type of individual we have all been dealing with.  Thank you Andrew Wilford.

Having spoken to a number of those affected by the "Fraudulently Prepared CAM Bank Mortgages" over the past few days it would appear that many of you are aware of the existence of a similar document to the one supposedly signed by me in connection with your own cases but as yet have not seen it IN SPITE of "Court Orders" demanding its release. I would urge you all to contact your respective Lawyers and insist upon its release. Furthermore some of you have, I understand, been advised by your Lawyers not to tell anyone of this ... why on earth could that make sense? Whilst I AM NOT A LAWYER "common sense" tells me that one document signed and presented by you all refuting the authenticity of such forged documents would ... or rather SHOULD ... kill the whole CAM Bank defence stone dead since clearly they did not exercise "due diligence" in the granting of the Mortgage in the first instance.

One other point you should consider; these were "Builders Mortgages" given for the purpose of constructing your homes and so as such are to cover JUST THAT ... the construction! In some instances the size of these Mortgages is almost as high as the actual purchase price whereas ... on the basis that work had not started on the construction ... would only have been for a maximum of +-€50,000 ... the actual costs!

Look ... I have physically met very few of the Owners at El Trampolin and doubtless you have all heard many stories about myself; however, ask yourself this ... how would you feel had you virtually paid in full for your property only to find firstly a huge mortgage listed against it and then secondly to find it had then be sold to a second purchaser. British, Spanish or indeed any other Nationality that amounts to fraud in any language and that is exactly what Aguilera has done. His defence to this is a fraudulently prepared document which no one in their right mind would have ever agreed to. THE SAME GOES FOR YOU ALL ... all of you should share and pool your information and fight this as one cohesive group or else fail on the age old principle of "Divide and Rule". You all know WHO YOU ARE and my guess is that you ALL KNOW that Martinez and Aguilera are basically nothing more than thieves and Criminals ... the letter at the start of this post simply goes to prove it!

Hi Andrew

when my lawyers first found out about the loans taken against my property by trampolin and SCAM bank (sorry CAM bank) SCAM bank said i had signed a document to say i agreed to a loan against my property.

now you go to spain and buy a property and pay for it in full,move in and wait for the deeds to come and silly me you go and agree with a builder and a bank to allow 100,000 loan against your property,by signing a form in spainish without your lawyers checking it!! ? now i know the suns hot and i enjoy a few beers in the afternoon but do you think i was going to sign such a letter.? .....NO.

However SCAM bank say i have and for many years my lawyers have requested a copy........not arrived yet!

Two years ago a murcia court made an order for SCAM bank to release this signed letter to court......not arrived yet!!

I am sure there are 40 odd letters i guess all on trampolin letterhead and dated the same date with all our names signed across them sitting in some file somewhere ready to be used against us at a later date,but until such time, its not the right time to show them too us.

couple of points to ask yourself-What date is on the 40 letters ? same date they photocopied the master and put our names on them? same ink pen that signed them? or maybe 40 buyers all missed each other on the same signing day because ive never seen everyone living on phase2 togther for one night ever,let alone a mass letter signing day!

soon as i get a copy of my signed letter, i will post it on here too, but only after ive popped down the local police station to report a 100,000 euro mugging!!!!!!!!!!!!!!!!

 I hope all of you with the "Fraudulent CAM Bank Mortgages" will have noticed the Headlines in the local Spanish papers and the recent victories by both the Finca Parks Group and the Bosque del Lomas Group ... BOTH AGAINST CAM BANK! I hope you all also noted that the sucees was down to to a GROUP ACTION with the one against Bosque del Lomas being almost identical to that at Trampolin.

I am traveling to Spain within the next 10 days in order to commence a second Criminal action against Aguilera for "Fraud" which could well see him spending up to a total of 10 years in prison when added to the sentence he will face for the initial fraud against myself. However I have written to CAM Bank myself as you can see from the letter above ... I would urge you all to do the same!

Round Town News should have a feauture on their front page this week detailing Aguilera's latest fraud exposure with the forged Mortgage Document. The main "thrust" of the article will be the complicity of "SCAM" Bank in the whole arrangement. Both the BBC and LBC Radio this morning had features specifically about Cam Bank and the overall level of corruption within the Bank as a whole. I spoke this morning with Sr Pedros, the Director of CAM Bank in London and he advised contacting the Bank of Spain at infoweb@bde.es ... I am doing just that.

I gave Aguilera the option to discuss this with me but, as usual, the "silence was deafening" so when I am over in Spain next week I commencing a second "Querella" case against him for fraud and forgery ... this should give him a further 6 years in Prison but the real target will be CAM Bank. CAM have ultimately defrauded us all and seriously ...  YOU ALL NEED TO JOIN TOGETHER as did the Finca Parks Group and the Bosque del Lomas one also. Ms. Crozier from CPC Holding in the UK together with her legal firm in Malaga have suggested they would be happy to administer it. Look how succesful they were against Technolica Urbanistica ... alternatively Maria of Guadalupe I feel sure would do the self same thing!

Andrew

I will look out for the Round Town News this Friday.

I first contacted Aurelio Pedros, Director of the CAM London Representative office regarding the Finca Parcs case in October 2008 after we had got no reply from our emails and telephone calls in July 2008 to the Murcia branch of CAM where our off-plan deposits were paid.  In January 2009 I had a 3 hour meeting with Aurelio Pedros.  He advised us that he could not deal with the case and we should send a complaint to the Alicante Head Office of CAM.  This we did by way of a 100 page dossier of evidence in Feb 2009.

After 18 months of direct contact with CAM including visits to their Murcia business office and Murcia branch where our funds were paid they still denied all liability in our case.  We took our complaint to the highest level in CAM - to the then President - Modesto Crespo and CEO - Roberto Lopez Abad.  They replied by email to say "If you do not have a Bank Guarantee then you have no relationship with this entity".

In October 2010 we filed our complaint with Banco de España.  They acknowledged the complaint with a standard letter and to this day we have not had any further contact from the Banco de España.

I also met on 2 occasions with the Spanish Government and also with the Minister for Europe - David Lidington.

In Feb 2011 we filed our Lawsuit against CAM and Cleyton GES.  On 8 June 2012 both defendants were convicted jointly and severally.  The Judge described the behaviour of CAM as 'MALPRACTICE'.

My point is that complaints to CAM Bank or the Banco de España are just formalities.

The only way to get CAM to respond is to take legal action against them.  It seems to be the only language they understand.

The previous Governor of the Banco de España described CAM Bank as 'The Worst of The Worst' (Lo Peor de Lo Peor) and called them 'Scandalous'.

Andrew, I know you are determined like me and want to see justice done in your case and those of others in the Trampolin fiasco.  You are doing a fantastic job and really bringing your case to the public attention via the media.

You are correct - you need to form a Trampolin Action Group - like we did with the Finca Parcs Action Group.

Forget the complaints to Aurelio Pedros in London - there is nothing he can do.  Forget CAM in Alicante - they will just fob you off and delay the process.  Forget the Banco de España - they will not investigate a complaint if it is already subject to any kind of legal action.  Also they have no power to force CAM to comply with anything they say.  The Banco de España is the Supervisor of the Spanish Banking System - but it is not like the Financial Ombudsman in London who can actually force a financial entity to comply with any decision it may make.

My best advice to you - if your real target is CAM Bank - form an action group, gather the evidence - you will probably be able to gain more evidence from individual group members, get a good legal team to represent you and file a Lawsuit against CAM Bank sooner rather than later.

I am not sure if your Lawsuit would be for the granting of fraudulent mortgages of for financing the development, knowingly accepting the off-plan deposits and failing to issue or verify the existence of the legally required Bank Guarantees - or both.......

Good luck and focus on the course of action that will be most likely to bring about the return of your money and others in your development.

Kind regards

Keith

Hi Keith

Thanks for your response and the advice is much appreciated; actually I KNOW you are correct in the approach which should / must be taken but initially I am just "going through the hoops" as requested by CAM Bank. However, like you I am not convinced that they will produce any real result. For me the "key" to unlocking this is the second "Querella" I am making against Rafael Aguilera for "Fraud" by producing the forged document in support of the Mortgage application. This would be an action in which together CAM Bank would be joined ... hopefully ... "Jointly and Severally" with the Developer. So far I believe, I am the only person out of the +- 45 involved that has a copy of such a forged Document together with the Valuation from CAM at some 120K Euros over the Sale price.

The real problem is in persuading these +-45 affected individuals to do exactly what you have so successfully done. Undoubtedly, the very nature of the "Fraud" will send Aguilera to prison for an even greater length of time for his part in this SECOND matter but, as you indicate, the joining of CAM Bank in this action is the real way forward. That IS my intention and I really must thank you for the support and advice you have already given in our several conversations on the subject. 

Regards  Andrew

Front Page of this weeks ROUND TOWN NEWS (Northern Edition) ... it MAY be elsewhere in the South edition

Hi Andrew

At last it appears that there are cracks in Cam and we should all be booting the door down and getting our loans over turned.BBC ran a piece last week that a poor spanish lady couldnt pay her mortgage what happened ? bank wrote off 90% of it !!! All we want is the  doggy loans removed.

I agree one action group would always be better however people are being fed bull by robbing lawyers-mine suggested i look at recovering my loan by trying to put it on next doors property !!

I would put my name foward in an action group but only if British lawyers are heading our case, lawyers may pee in the same pot but if you want a job doing correctly you can only trust the British to do it.

We are cash cows to the spanish people need to wake up to the fact they are robbing us every day!

 Hi  , The common denominator in all of these recent cases appears to b e CAM BANK perhaps we all went of on the wrong track chasing builders and developers when CAM seems to be the puppet master here !!!!

In the Finca Parcs case my focus was always on CAM Bank right back in 2007.  But I could not find a Lawyer who agreed with me that the Banks had liabilities according to LEY 57/68.

That was until I found María de Castro in September 2008.

The rest as they say is history.  We now have a First Instance Court Judgment against CAM and the Developer - jointly and severally.  If as we suspect the developer does not pay, then CAM (Sabadell) has to (even if they appeal).

Most of the developers are bankrupt, have asset stripped or are in Administration - you can't get blood out of a stone.

If you have evidence against the Bank - then take action against the Bank.

Kind regards

Keith

Hi Keith  together with the previous two "posters" ... you are all absoilutely correct; WITHOUT THE INVOLVEMENT OF SCAM BANK (Caja de Ahorroa del Mediterraneo) this would not and COULD NOT have happened. Having said that the without the agreement of the Developers (in this case Rafael Aguilera, Antonio Martinez and Ronald Mans) and their signatures to the Mortgages these "Frauds" would never have taken place ... a fact recognised by the Finca Parks Court ruling whereby the Judge held both the Developer and the Bank "Jointly and Severally" liable. What perhaps slightly sets the Trampolin scam apart from both Finca Parks and Bosque del Lomas is the total scale of the Fraud ... potentially 100's of millions of Euros! Then again maybe SCAM Bank had their initial grounding carried out on both FP and BDL before going in for the "kill" at Trampolin Solera and then Trampolin Hills!

There are those who, like me, believe that the "Three thieves" at Trampolin could well have been "Patsies" for a much bigger fish; after all look at what has happened with those involved with Swiss Financial and took the "hit" on behalf of SCAM Bank! In short I agree with you Keith and Gaula... the common denominator is SCAM BANK in all three cases and so I ask the question "Was this a scam / fraud put to all three developers by the Bank? After all up until now only three such scams have been uncovered!"

However for me the starting point has to be Aguilera and the forged document PRESENTED BY HIM in support of the fraudulent Mortgage application. There have to +-45 of these "letters" and so far only one has been uncovered which Aguilera foolishly released in defence of the CIVIL claim made against Solera. He will know now that without a miracle he WILL be going to Prison for the fraud against me in the "Double Sale" of my property to a second Purchaser ... this alone is likely to bring him a +-4 year sentence! This NEW AND SECOND Querella action, which I am going to Spain to commence against him next week, will bring a much longer stay in prison. More importantly it is my intention to drag SCAM Bank into this fraud but as the previous edits to this post have agreed for you all you need ONE GROUP ... not 45 individual cases. Do not rely on Abogados Monzon to do this ... they are in it for themselves and have already "milked", I understand around 2 million Euros from the pot!

So, in conclusion, don't take my advice but listen to Keith ... form ONE group under ONE LEGAL UMBRELLA. Keith achieved success with Maria del Castro and Costa Luz Lawyers, CPC here in the UK together with Toma Aguera's Law firm in Malaga did the same for Bosque and then there is Guadalupe at GM Legal ... all are extremely competant Lawyers. Until these firms proved otherwise no one believed in LEY 57/68 but a great number now do! From my point of view with Ms. Crozier being installed here in the UK it is "easier" for me to communicate with her and CPC but I would bow to the Majority. That said CPC have agreed to meet with you all at a "Group Meeting" to put forward THEIR proposals ... doubtless Maria and Guadalupe would do the same.

This message was last edited by Andrew Wilford on 23/06/2012.

As previously advised I did travel to Spain last week in order to place a SECOND fraud charge upon Aguilera for forging my signature on a document used to obtain a Mortgage on my property. Naturally this contained a great deal of detail but that is for the Guardia Civil to present to him when the "Denuncia" is initially served upon him.

The abover article has appeared in this weeks Costa Blanca News but ... please note ... this is A NEW AND SEPARATE ACTION to the existing fraud allegations against Aguilera for the theft or my Villa / money

The above article has been published in "Round Town News" this week following SCAM Banlk's failure to respond within the prescribed time constraints.

With over 1100 hits since this post was initially placed clearly the issue of fraudulent (S)CAM Bank mortgages is still very much in the eyes of the readers particularly given the recent Court ruling in favour of the FINCA PARKS action group which, in spite of being appealed, has resulted in (S)CAM Bank repaying both the principle sums involved together with costs and interest as demanded by the Court … this shows and proves the power of working together as a group. Similar cases against the same Bank have been won by groups (e.g. Bosque del Lomas) further reinforcing this view.

I made my initial complaint to the Head Office of the Bank in Alicante in accordance with the Protocols which THEY laid down at the end of May 2012. This gave them two months in which to respond … THEY DID NOT! I have therefore now simply forwarded the complaint onwards and upwards to the Bank of Spain.

The “Denuncia” (simply the commencement of a SECOND “Querella” action against the Administrator of Trampolin Solera, Rafael Aguilera, for the fraudulently produced letter authorising the Mortgage against my property is, I believe, still with the Courts in Cartagena and it is this second case against Aguilera which will draw (S)CAM Bank into the case. Aguilera is going to be called to account for the fraudulent sale of my property … a case he cannot possibly hope to win … within as very very few short weeks now but this issue is entirely separate.

However, my concern for those of you believing that there is a current an existing Court action against the (S)CAM Bank are, I believe, misinformed. My understanding is that YES the matter is “before the Courts” but only insofar as the entire administration of Trampolin Solera is before the Mercantile Court No 2 in Murcia. The Administrator (Sra. Monzón) of the liquidation did, I understand, place her report before the Court in July together with her recommendations. Clearly one would expect there to be many allegations of fraud within this report but … then again … this is Spain! What is very clear is that I can say directly from my own experience it takes years in Spain to bring the guilty to Court; my case against Aguilera having taken 4 and a half years!

I was advised only yesterday that SABADELL CAM have in fact this week conducted a “wholesale” clear out of the entire upper Management of (S)CAM Bank and so themselves clearly acknowledge the overall scale of the corruption within their recently and very expensive (at €1 they paid far too much for (S)Cam Bank) acquisition.

So, in conclusion, I would urge you all to check with your respective Lawyers to see exactly who is taking (S)CAM Bank to Court and upon what basis … I think … although I hope I am incorrect … that your respective assumptions are wrong. If the Directors of SABADELL have any sense at all they will divest themselves of this thoroughly corrupt entity know as (S)CAM Bank and obliterate its connection as though it never existed! ……… Andrew Wilford

I finally received a reply from CAM Bank (as detailed below in blue) ... to be honest it is no more than I expected as with the curious predating of the document in question. It HAS been copied to the Administrators of Solera ... Abogados Monzon ... but I don't expect any joy there either! Still THAT'S SPAIN I GUESS!!!!!!!!!!!!!:-

Sr.

We get back in touch with you regarding your written 04.06.2012 passed in housing purchase relation with Solera Trampolin Promoter. In any case it is the responsibility the Promoter Trampolin Solera, in this case and according the ruling of the Court may they have committed an irregularity. Respect of same CAM Bank oblivious to this situation and is always concerned about maintaining any relations with private buyers and have always acted in good faith.

1. You are correct insofar as it is indeed the responsibility of the Developer, Trampolin Solera, to submit correct and accurate information to their Bankers ... in this instance CAM Bank. However, as I have advised you repeatedly you owe a "duty of care and due diligence" to both your clients, investors and ALL those affected to verify the information you have been given before advancing funds. CLEARLY IN THIS INSTANCE YOU FAILED TO CARRY OUT ANY "DUE DILIGENCE" AS IS YOUR LEGAL AND MORAL RESPONSIBILITY.
2. You clearly state that CAM Bank were "oblivious" to this situation ... A BLATANT LIE since I advised the branch of CAM responsible for this fraudulent action as early as 2011 when I became aware of the illegal transfer of my property to a second purchaser... Mr and Mrs Philips. Had you reacted immediately upon this advice then this transaction could have been blocked ... IS THIS WHAT YOU CALL BEING "CONCERNED ABOUT RELATIONS WITH PRIVATE BUYERS"?
3. Acting in good faith ... clearly you did not since had that been the case the branch concerned and Sr Pedro Meseguer would have immediately looked at the matter as soon as he was advised BEFORE finalizing the sale to on the Developers second and ILLEGAL contract. As a "competent Bank" you would be expected to NOT in fact act in "Good Faith" but to verify all the information you had been given before advancing a loan. This would include checking the "Forged letter" from the Developer supporting this loan ... SOMETHING YOU DID NOT DO!

The following article published in this weeks "Round Town News" was forwarded to me by Keith Rule form the Finca Parks / Bank Guarentees Group:-

Andrew, I admire your determination in this matter.

You have gained a great deal of media attention for your case even though you are fighting alone.

I am sure if other affected purchasers on your development joined with you to form a group action then this would surely increase the chances of a successful outcome.

We, the Finca Parcs Action Group, are fighting a common enemy in SabadellCAM and I would urge you to keep up the pressure on them.

Kind regards

Keith
 

Thank you Keith ... the fight continues and eventually we will get there ... Aguilera WILL BE BEHIND BARS for fraud  and hopefully we can take SCAM Bank with him. At last, after many months of trying another owner from Trampolin has been able to obtain a similar "forged letter" to that which started this whole thread. Now then ... everyone else with a "Phase 2" Mortgage with SCAM Bank should get their Lawyers to come up with a similar letter which is bound to be on file with SCAM and ... job done ... SCAM Bank will be forced to accept the Mortgages were fraudulently placed!