Illegal European Enforcement orders

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19 Sep 2014 3:57 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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We are commenting on this on September EyeOnSpain podcast.

Legal tip 1027. UK hearing on European Enforcement Order 
19 September 2014 
 

Next October 13rd, we are assisting, possibly as witnesses, a client in a UK Court hearing where a Bank was, in our opinion, using an illegal European Enforcement Order for threatening him and having him paying a mortgage debt he just cannot pay. 

We will keep you updated on results...

Very interesting. Do not get intimidated by Debt Collectors/Solicitors using the EEO as, they are sometimes doing an illegal use of this. Have an expertise lawyer verifying this for you.

 


_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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19 Sep 2014 7:27 PM by Marksfish Star rating in Vera, Almeria. 2624 posts Send private message

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Will be interested to read the outcome of this Maria. Please keep us updated.

Mark





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22 Sep 2014 2:21 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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We will. No doubt

María



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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22 Sep 2014 5:14 PM by Mickyfinn Star rating in Spain and France. 1833 posts Send private message

There are many urbanised communities in Spain now using UK debt collection agencies to recover community debts using European charging orders. 

I understand completely the imperative for communities to recover money owed to them.  These agencies are telling their clents the procedure is totally legal without any stated  legal case to rely upon within the UK.

However, I have a former professional legal background and have long been concerned this is an illegal practice that will not stand up to proper legal scrutiny in a court.  

One that could rebound on community presidents and committees who authorised such action. I have continually advised community administrators of my concerns.

I will be interested to hear of the outcome of this case which could potentially have a major impact in Spain.

 


This message was last edited by Mickyfinn on 22/09/2014.

_______________________
Time is the school in which we learn Time is the fire in which we burn. Delmore Schwartz.



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22 Sep 2014 7:10 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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Dear Mickyfinn:

In regards to enforcement orders for community of owners debts, the most used one is this below which, as you can read, requires:

-A full judicial procedure being followed in Spain after the claim being uncontested

http://europa.eu/legislation_summaries/justice_freedom_security/judicial_cooperation_in_civil_matters/l33190_en.htm

I have seen several cases so far where the right route is not followed.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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23 Sep 2014 7:04 AM by Mickyfinn Star rating in Spain and France. 1833 posts Send private message

Thanks Maria, yes that was my point and the reason these orders are being used illegally. It's a method of circumventing the painfully slow Spanish legal prodedures to recover debt . 

The majority go uncontested because people accept they owe the debt. However that does not make it right in law.

If just one case is contested court judgement should prevent further abuse of process. 



_______________________
Time is the school in which we learn Time is the fire in which we burn. Delmore Schwartz.



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23 Sep 2014 11:25 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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You can find lots of insight on this matter by googling EyeonSpain European Enforcement Orders

https://www.google.es/?gws_rd=ssl#q=eyeonspain+european+enforcement+orders



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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23 Sep 2014 11:45 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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Legal tip 1208. Refreshing the clear ideas on European Enforcement Orders EEO
23 September 2014

 

RIGHTS TO DEFENCE

The Spanish Bank trying to enforce a mortgage debt using an  EEO for the seizure of UK assets, need of course to follow the procedural rules in Spain first as if not, there will  be no debt to be established as Internationally enforceable by the said order.

If a Bank obtained an EEO without serving legal notice of repossession to the debtor and/or without giving to the debtor the legally required possiblities for contest and defence, you, the debtor, in the UK, who would see your UK goods "at risk" will have rights to contest the issuing and the enforcing of the EEO as null and void as well as lack of due procedure after mortagge default.

Rights to defence is one of the most important rights of our Constitution and every State of Law and it has of course been fully covered when the EU created the EEO.

It is important to remark here that  opposition rights for Spanish mortgages´debtors have been clrearly strengthened by the ECJ ( European Court of Justice) recently.

THREE KEY IDEAS TO TAKE INTO GOOD ACCOUNT

1) The claim needs to be uncontested

2) The European Regulation stablishes minimum standards with regard to the service of documents (the document instituting proceedings and, where applicable, the  summons to a court hearing) to ensure that the rights of the defence are respected. Only the document service methods listed in the Regulation are allowed if the judgment is to be certified as a European enforcement order.

3) The competent court in the enforcing Member State may, subject to certain conditions,refuse to enforce a judgment if it is irreconcilable with an earlier judgment given in any Member State or in a third country. In certain cases, it can also stay or limit enforcement.

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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23 Sep 2014 3:22 PM by Mickyfinn Star rating in Spain and France. 1833 posts Send private message

Great information Maria many thanks for taking the time to post this.

Please can you also confirm for the information of community administrators this procedure applies equally to all other forms of debt.



_______________________
Time is the school in which we learn Time is the fire in which we burn. Delmore Schwartz.



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24 Sep 2014 10:22 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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Yes of course! It applies to all kind of debts



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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