EEOs

But if the case is contested in Spain,  the matter  then has to be referred to the Defendant's home court, does it not?

If the case is contested in Spain, the EEO does not apply, the whole procedure is carried out in Spain.

Best,

Maria

We would seem to be focussing on procedure!

The point of all this should be for people to take decisive action and to deal with mortgage problems or debts and not to hope that debts of one country will not be enforced in another. Unless of course you have no job and no assets in other country either.

Otherwise it's welcome to the EU!!!!!

Yes, faro, you are very right. We have actually commented on this in the podcast Justin in launching soon. The most advisable thing is, once you have problems with your mortgage repayments, to start amicable negotiations with the Bank for a settlement and if this is impossible then to act your dation in payment rights before the Bank.

This is substantive defense before you are finally declared an " uncontested debtor". The most advisable thing is not to reach to the status of being declared an uncontested debtor, but, once there.... as it could be the case of some....

Some of us, Faro, think procedure is important!  It is a question, if one is in this position \\\\\9and fortunately I am not), of knowing where one has to defend an action.  Incidentally, whether you like it or not, both countries are in the EU.

Imagine the "Daily Mail" outrage, if Spanish fraudsters borrowed money from British banks, made a specualtive investment which turned sour and then escaped back to Spain, hoping that there creditors wouldn't be able to peruse them.

It's sad that tese people might lose their home in the UK, but it's certainly not unfair.

The EEOs is a good thing that encourages financial responsibility and security throughout europe.

It is a posistive piece of EU legislation.

Isn't it amusing how the Spanish banks found that piece of legislation and figured out how the UK courts would assist them in timely enforcement.

Pity the EU don't issue a directive on enforcement of bank guarantees in Spain!

"that encourages financial responsibility and security throughout europe. "

Let's bear witness to financial responsibility and security in Spain is all I can say, and in the interim I trust you will be supporting  Keith's petition that bears witness to undeniable evidence via www.bankguaranteesinspain.com Tangledman?

Absolutely, I posted a link to Keith's website and published his press release about bank guarantees in spain on my own blog some months ago.

I think we need to differentiate between people who have unhappy story where the result is their own making and those who actually have a case.

The Chatterton's however do not have a case, and it's intellectually dishonest of the Sunday mail to put a "Costa Nightmare" skew on a story, which is clearer a case of a creditor attempting to recoup money lent to a borrower through legal means.

What Banco Sabodell are doing is entirely justified.

Dear All,

Wouldn´t normally post on here, however I really feel the need to inform you of what is actually happening.

The comments and interpretation concerning the usage and defence of this EEO in question are incorrect and should not be relied upon in any way.

The Ministry of Justice also got it wrong, which is more alarming!

The lawyer who has been in consultation with the European Justice Commissioner and the Spanish Justice Commissioner in Salamanca is Mr Guy Bailey of Reward Litigation in Birmingham, England.

I am sure that he would be happy to explain all.

In answer to other comments.

No,the EEO cannot be used in the same way from the UK  to a Spanish court.

Whoever said that Europe was a level playing field got it wrong!!

Hope this helps.

Can you be more specific Saint George? How exactly did the Ministry of Justice get it wrong? What inhibits the EEO from being used in the same way from the UK to a Spanish court? It would be very useful to establish some facts.

I am glad i started this thread its remained on the initial subject which is rare just lately most impressed with the posts and time taken by most folks

Thanks Rod

www.ournextholiday.co.uk

Dear All,

given what Spanish courts and the bank involved is doing to Peter, how can you possibly defend them, they have shown no honesty and integrity to date so why do you anticpate it in the future.

By all normal intelligence their behaviour will only get worse.

The nightmare of corruption will only get wose with this additional weapon in their armoury.

God help us.

Regards

Norman

@Norman,

You argue like a creationist, by starting with a conclusion and ignore any evidence to the contrary.

You are polarised in your opinions, to such an extent you can't see the holes in your own thinking.

Your "us and them" attitude is misplaced.

Instead of splurging out your incessant diatribe, why no try and be a bit more reflective?

Businesses persue profit, if it's equitable to go after a debtor they do so. It's naive to see it any other way.

Answer one straight question.

What right do the people who owed that money have to not pay their debts, when they have the assets to do so?

Sometimes people sign contracts that in heinsight, weren't such a good idea. Tough titty. The whole point of a contract is that it's binding, and that both parties get what they signed for.

For you it's all some giant conspiracy...well not in this case.

Think before posting man.

Dear All,

polarised......................

"An EEO is meant to be used for uncontested claims in civil cases across EU borders, but evidence has emerged that Spanish officials have stretched the meaning of ‘uncontested’ to allow banks to fast-track claims on UK property."

uncontested...is a fairly straight forward term.

They either contested the action or they didn't.

If it's uncontested then the banks rightly used the EEO to persue the debtors, which bit don't you understand?

Are you suggesting they signed the contract under duress or should people not take responsibility for their actions?

It is right that contracts are binding. So they were probably wined and dined and told how wonderful Spain is.

Of course property prices go and down in value. Negative equity isn't an excuse to not pay.

How is the law being stretched or abused?

State your case or take your medication.

Writing in red and using wild punctuation...

Many people have handed there keys back to the banks leaving the banks in a very precarious situation. If banks cannot recoup monies owed to them, then what?

You clearly haven't thought this through.

Faro appears to have made a valid point back in November...... " Pity the EU don't issue a directive on enforcement of bank guarantees in Spain!"