VICTORY FOR FINCA PARCS ACTION GROUP LAWSUIT 2 IN FIRST INSTANCE COURT IN HELLÍN

Maria,

thanks for the encouragement

it would be good to get something back to leave for the children as inheritance

I wonder what would happen to any claim started on my demise, would it continue or should it be started in their names?

Regards

Norman

This is exactly why we have to focus on Keith's Bank Guarantee Petition www.bankguaranteesinspain.com  and draw attention to the fast track elements as described in the petition text.

Banks and politicians should NOT be allowed to influence the enforcement of justice and these facts should be brought to the attention of the World Justice Project and the EU Commission. Likewise with the black hole of purchaser's deposited funds that remain unaccounted for.

FYI the World Justice Project stipulates the following. 

Public enforcement of government regulations is pervasive in modern societies as a method to induce conduct. A critical feature of the rule of law is that such rules are upheld and properly enforced by authorities, particularly because public enforcement might raise the scope for negligence and abuse by officials pursuing their own interest. Appropriate and effective enforcement does not only mean that it occurs without public or private meddling, but also that regulatory proceedings are conducted in a timely way that respects the due process of law.

It consists of 84 variables combined to form the following five sub-factors:

Trust will only return when accurate monitoring and effective enforcement is seen to be enacted in Spain which to date remains  questionable, as witnessed by all too many posters on EOS:

Let's hope that Keith's Finca Parcs Group litigation sets the scene for proper and timely enforcement against the Bank, but we should not be under any illusions that this will swiftly resolve judicial  inconsistencies and "postcode lottery" that continue to compromise timely and effective enforcement of LEY 57/68. The true facts should be reported and a fast track approach to this Banking abuse needs to be tackled. 

Hi All

When I was in court with Guadalupe it became clear that judges are realising that not only the law , but case law exists for the correct judgement of our massive issues. I say this because I saw the judge tell everyone to be quiet while he looked up the law in his books, then Guadalupe hitthe court with a precedent, which threw the banks for six.

The judge also said "he wants to get this sorted quickly", so on this basis external influences hopefully shouldn't come into it.

Guadalupe gave me a blow by blow account of what happened the court room and I feel confident that things are going our way at last.

I also feel that as we get closer to a final result I/we will get more stressed about it, but aside from alcohol there's not a lot we can do about it

pop,cheers,glug

regards

Great for Guadalupe.

Congrats to her and her team

Maria

"So on this basis external influences hopefully shouldn't come into it. "

Sadly external influences (no timescale constraints on the legal processes) come into it every time there are compromising court delays.

Court delays in some regions (Estepona is one of the worst) have done irreparable harm to the system of justice in Spain, allowing developers time to asset strip, and banks/developers have "used" the system of appeals in the interim in full knowledge that it can take years to achieve a resolution (in our case it took 3 years and 7 months between submission of developer appeal and a successful resolution!)

Then when an alternative route to justice (Bank claim) becomes necessary once the developer has asset stripped and/or subsequently declared insolvency, the whole process of compromising court and judicial delays is repeated.

But this time it's far worse, in so much as the court delays have magnified, and admittance of the lawsuit into the court process can remain outstanding after 6 months (and still waiting), before it is submitted into the court system, let alone gaining a preliminary hearing, (someone recently quoted it was taking 19 months to achieve a preliminary hearing once submitted).

We understand that lawyers, procurators, plaintiffs have “no suitable weapon” to apply pressure on the courts in this regard.

The Bar Associations also appear to have no powers to ensure that conveyancing lawyers are made to provide the necessary detailed Banking information relating to purchasers' deposited monies in order to pursue certain Bank claims. 

And so it goes on in an ever-increasing circle of instances that continue to do a grave disservice to the system of justice in Spain.

So please don't suggest that external influences shouldn't come into it, when all too many innocent purchasers seeking justice are being continually compromised in this disgraceful manner.

Of course it is good to hear that judges are becoming increasingly aware of case law, and I remain eternally grateful to Maria and Guadalupe for their continuing endeavours, but please let’s not ignore the need to highlight and find solutions to external influences that continue to do great harm to the justice system in Spain.

So, it looks like we've got another long weekend to wait for the result!

When are the Courts on public holiday over Easter? Is it the same as us, do you think?

Gill & Norman - You are so right - it is very stressful.  It does eat away at your health and resolve.  It takes over your life.  However hard it is you have to try and put it to the back of your mind and keep going on with your life.  Otherwise it just eats you up.  And, yes I think many people have given up.

Ads - Yes, lets hope that that there is no political interference and that justice does prevail.  Banco CAM totally abused the inalienable rights granted to us by LEY 57/1968.

Rosemary - It is very very tough.  There are many highs and lows on each of our journeys and many cruel twists of fate.  Thank you for supporting us and hoping that we will win.  If the Appeal Court dismisses the CAM appeal and upholds the First Instance Sentence then we should have our money within a couple of months.  We provisionally enforced the First Instance Sentence against the Bank in July 2012 and the Bank paid the money to the Court in August 2012.  The Court ruled that it would hold the money pending the outcome of the Bank's Appeal.  If we win the money is sent to us.  If CAM wins then the money is sent back to them!  We are also aware that even a victory in the Appeal Court may not be the end of our journey.  Yes, we should get our money back - but if CAM chooses to take a further appeal to the Supreme Court then we will only have 'interim possession' of our money pending the Supreme Court ruling.  This last 6 years has well and truly sucked my energy and as for my 'youth', well I used to feel young before I ever paid a deposit at Finca Parcs in 2006.....oh hindsight is a wonderful thing!!

Clarice - Yes, I can imagine how stressed you were.  It was not just money that you stood to lose, it was the roof over your heads for many of you.  Sleeping and eating must have been hard I am sure.  You have to keep strong and keep the faith......but sometimes it is hard.....very hard!  Yes, I suppose it is better to have fought and lost than never to have fought at all.  Whatever happens the profile of LEY 57/1968 and Bank Guarantees has been raised tremendously over the past few years which has been to the benefit of many.

Ads....again:  Yes, lets hope that Civil Justice is free of corruption, free of improper government influence and effectively, fairly and properly enforced by the Albacete Appeal Court.

Trowell1 - Good luck with your case, keep us posted.  Don't drink too much!!

Fazarelli - Yes it has been another VERY long weekend.  I didn't think the decision would take this long to be released!  Courts should be back to work on Monday 1 April - it is not a Bank Holiday in Spain.  Let's hope we get the result soon!  One month is too long to wait for an appeal court decision with such strong evidence against the Bank!!

Kind regards

Keith

I feel for you all ... I KNOW just how stressful this all can be having been "cheated" in a similar way by a corrupt developer and CAM Bank. Believe me ... I REALLY DO KNOW what the stress can be like.

Kind regards

Andrew

I can't stress enough that EVERYONE should be bringing Keith Rule's petition text to the notice of all (MP's, MEP's, European Commission etc) and request that a fast track approach must be adopted.

Likewise we all have to ensure that every case of delay is officially logged into the system of justice, which requires everyone to request that their legal representatives follow the proper complaints procedure and insist that this be recorded for statistical purposes, which should assist our legal arguments. Even though it has been quoted that the politicians are not listening, this is no excuse for us all not to continue repeating our ongoing concerns (quoting personal evidence). Consistent action in large numbers appears the only way forward.

These compromising failures impacting the rule of law must be addressed, The irreparable financial and  personal stress that has been endured by all too many in the interim cannot be overstated.   

To summarise, if you want to do something proactive then PLEASE make contact with your political representatives via www.writetothem.com and not only highlight your own personal circumstance but bring attention to Keith's BG petition text (http://www.bankguaranteesinspain.com/text.htm ), requesting that this be brought to the attention of the European Commission. Also request that abusive timeframes relating to your own case be statistically logged by your legal representative, via the correct official channels (and request a copy).

 Hello ADS,

Over the years I have visited and written to Ann Coffey, my MP (who appears to be simply waiting to get her pension) and Chris Davies, my MEP. Both these people appear disinterested.

The most recent approach to Ann Coffey was to ask her if she'd contact the London branch of Banco Pastor, as it has to adher to the  Britsih Bankers Association code and is answerable to the FSA. I did receive a letter from Ms Coffey stating she'd written to the bank (however, there wasn't a copy of that letter sent to me).

My own patience is wearing very thin after everything I've been through! The developer has a link with the bank other than the site - I know that much, but this was the third developer on the site brought in to finish the project by the bank...and I believe the owner of the company lives on site so am presuming he was given 'incentives' to complete it.

Meanwhile I'm on ESA and cannot 'move on' to get out of this rut.....and have to repay my mortgage by the end of the year. I've had anxiety and depression, brought on by an accumulation of things...including getting involved with Spain since attending a Property Show in 2004 (I wonder if the organisers of these things even care about 'stallholders' etc and what happens to purchasers? I say that because I was also drawn into landbanking...all to secure my fast approaching 'twilight' years.....since my husband passed in 2010 I can't even discuss things with anyone who knows how I feel....very, very difficult.

I find most people are unsympatetic over this issue because they can't envisage buying overseas etc. One thing I'm sure about though...if you have a decent MP or MEP treasure them!   

Andrew - thanks for your support.  The stress is terrible!!

Ads - thanks again for your support of the Bank Guarantees in Spain website and Petition.

Gill - Yes, patience and resolve does wear thin when most of the time it seems nobody is listening or taking the issues seriously.  As Ads has said it needs more and more people to continue complaining to their MP's & MEP's.  But I agree it is a very tiring process.

Kind regards

Keith
FINCA PARCS ACTION GROUP

Keith what happens if CAM don't defend the 2nd lawsuit?

Also may I query, if there is no time limit for the appeal court to release its decision, and this remains outstanding for an indefinite period, then can this be examined by national courts, under the assumption that your group have been a victim of violation of your fundamental rights? 

Isn't this a classic case where EU law requires clarification to ensure that standardised fair and workable time constraints to legal processes be established across EU member states? The failure to administer ANY time limits makes a complete mockery of the rule of law in Spain and begs many questions relating to the protection of consumers' property rights in Spain. Isn't this one-sided approach that you have identified discriminatory in practice?

Let's hope however, in your case, that this does not prove necessary........ all eyes are wide open to this case now and how and when the rule of law will be enforced.

Good luck. 

Hi Ads

At the moment we do not know definitively whether CAM has or has not defended Lawsuit 2.  We must wait for the notification from the Court confirming the rebellion of the counterparty.

If they do not defend then it may be an administrative oversight or it could be deliberate.

In theory, it would mean they reject all the facts but in practice it would be considered that they admit the facts.

If CAM does not defend the 2nd Lawsuit then they can still appear and propose evidences at the Preliminary Hearing.  But no new plea or fact can be added at the Preliminary Hearing or Trial.

If there was no offer of settlement by CAM before or at the Preliminary Hearing then the trial would take place.  The Judge would then have to reach a decision without a defence writ from the Bank.

With regards to the Appeal Court decision for Lawsuit 1 - most Appeal Courts issue the decision anywhere between 2 days to 20 days from the date of deliberation and voting.  This Finca Parcs case seems to be an exception to the rule due to its complex nature and large volume of evidence and paperwork.

Although there is no time limit for a court to issue its decision, I don't think any Court decision remains outstanding for an indefinite period.
 
I am sure we will have the decision soon.

Kind regards

Keith
FINCA PARCS ACTION GROUP

FINCA PARCS ACTION GROUP v BANCO CAM in THE ALBACETE APPEAL COURT - UPDATE 5 APRIL 2013

The Appeal Court decision has still not been released. It will be 5 weeks on Monday since the Magistrates met for deliberation and voting.

FINCA PARCS ACTION GROUP v BANCO CAM & CLEYTON GES S.L. - LAWSUIT 2 in THE FIRST INSTANCE COURT IN HELLÍN

Even though the deadline for Banco CAM to submit its defence to Lawsuit 2 was 13 March, we still do not have any notification from the Court to confirm whether Banco CAM has or has not submitted a defence.

The wait goes on!  Have a good weekend.

Kind regards

Keith
FINCA PARCS ACTION GROUP

Thanks for the updates Keith.

The wait is killing me! It gets your mind wandering onto more sinister 'dark forces' at work in the banking world...

I'm hoping it is just the enormity of the situation that is creating the long wait. As you say, the wording of the report must be rock solid as it will be scrutinised pretty much around the world. This is probably positive for the group.

Hi Fazarelli

Yes, it is a long wait.  Longer than expected.

The CAM appeal document was 50 pages and our opposition to the Appeal was 59 pages plus 9 pages of annexes.  So yes, you are correct the Appeal decision will be a very detailed document.

The case is very big with a huge amount of paperwork/evidence, a trial lasting 2 full days and detailed appeal and counter appeal arguments.  Given the high profile of the Case the appeal court must ensure that its decision is legally sound and backed up by relevant Case Law.

Kind regards

Keith

UPDATE MONDAY 8 APRIL 2013

FINCA PARCS ACTION GROUP v BANCO CAM & CLEYTON GES S.L. - LAWSUIT 2 in THE FIRST INSTANCE COURT IN HELLÍN

We have now received information from our Procurator to confirm that BANCO CAM has NOT filed a defence in time against Lawsuit 2.  So the Bank has not defended group Lawsuit 2.  We now wait for written confirmation of this from the Court.

FINCA PARCS ACTION GROUP v BANCO CAM in THE ALBACETE APPEAL COURT

The Appeal Court decision has still not been released.  It is now 5 weeks since the Magistrates met for deliberation and voting.


Keith
FINCA PARCS ACTION GROUP

Congratulations to all.

Thanks again for the replies Keith.

Great news!

I wonder why they've decided to not to defend the 2nd law suit? Do you think they know something we don't about the original lawsuit? Or maybe they've decided it was too much money to invest in a lost cause. Or they've sen how determined you are to get justice that they know you won't give up?

It's very interesting that they've taken this decision, but it kinda makes sense if they know they're onto a loser.