Maria does it again!!

Maria/Keith,

Apologies for the repeat question from another thread, but regarding those difficult cases that you made reference to please could you advise on the following queries:

What sort of timescale do you put to this form of group action against the Banks, are we talking years here? Will there be individual group actions against a specific bank or against several banks grouped together, and will they, like developers, use the appeal process to elongate the process for their own ends, or does this new moritorio legal process have timescale limits attached?

In the most of the cases we are brining legal actions for several claimers in same development against same Bank/ Saving Bank. We will enforce provisional execution of the First Instance Court decissions if they appeal. These cases will not be brought through the monitorio system as the amounts exceed the 250.000 maximum of the nwe Procedure act.

Also, would any legal firm taking group action against the bank(s) have to contend with a significant delay before it would be in their interests to  legally proceed with the case? I'm thinking of the instance where many clients might be stuck in the existing legal system awaiting judgements, whereas those that are ready to proceed right now (with presumably cancelled contracts) may be compromised waiting for others to achieve their successful judgements. All clients ( regardless ) the status of their cases, who did not receive a Bank Guarantee when buying off plan and whose completion deadline has arrived with no First Occupation license being in place can act together in this action.

Perhaps you can enlighten us on how you see the process of group action working practically.

Oh Maria (and Keith),

This is so frustrating as we are obviously back to concerning ourselves about the massive backlog of court cases that is impeding justice being delivered right now.

The scenario as we perceive it is that this type of action will take years to achieve, as we had to wait 13months between petitioning an enforcement order and it being actioned (the developer asset stripped in the interim), not to mention waiting over 2 years for the developer appeal to be heard (and still we await a judgement).

So what chance has anyone got of gaining return of monies via the route of group action against Banks, if all that happens is the case stalls indefinately as the Bank appeals, and you are back once again, stuck within this disgraceful Spanish justice system.

I'm sorry to sound so negative but what else can I be so long as these abuses continue? We need all our efforts concentrated on getting the courts to be made accountable for their mal administration. How on earth do we do that?

Maria please help to do all that you can to resolve this spiral of delay that plays into the hands of those who we are desperately trying to make accountable. I really had hoped that we were making progress when you mentioned the new moritorio system that was supposed to speed up the process. I just feel like a pawn in a horrible game where at every opportunity we are placed back at square one. This really is a disgraceful state of affairs.

Please forgive my negativity but I can't see a solution in sight I'm afraid.

Maria - thanks for the positive comments - detecting the falseness and tricks of the developers and the banks is important but it goes hand in hand with presenting a watertight case to the courts so all Judges can see the truth!!

David W - I am pleased you like my article and postings.  I always try to keep them as easy to understand as possible and based on facts and evidence.  Of course I have no hostility to those that did receive Bank Guarantees and have been able to execute them and receive a refund.  All they did was get what they were legally entitled to.  It was also our legal right to receive Bank Guarantees and we can only hope that the Banco de Espana and Spanish Government now begin to realise just how many innocent purchasers are affected by this lack of control within the Spanish system.

Sandra - glad you liked my article and thanks for posting it on the Roger Helmer website.  You can be sure we will keep up the pressure.  We must make Mr Zapatero realise just how serious this matter is.

It seems that the Banco de Espana just want to pass the buck and fob people off - but the buck stops with Mr Zapatero and if he wants the Spanish construction and real estate industry to recover and have any credibility  then he must ensure that the Banks are forced to uphold the Law and return the money that has been 'stolen'.

We are asking for nothing more than for the Spanish Government to enforce Spanish Law.  If the Spanish Government are unable to ensure that their Banks and Savings Banks comply with Spanish Law then action needs to be taken at an even higher level.

Kind regards

Keith 

Best to you Keith

I feel with your efforts and motivation things will start to move forward, but i guess not as fast as should be

But please when you take the CAM bank down can you leave the few euros i have in there for my direct debits!!

David W