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Norman,
I understand your frustration in this regard but with respect I think you are missing the point that we are striving for solutions here rather than just bemoaning some uncomfortable facts.
Therefore, might I suggest that you keep your own pressure on by establishing a thread titled for instance "Can Spain ever self correct" to debate the issues?
Just a thought!
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norman
A good lawyer, though crucial, is only half the story. Even the good ones work within a system that is often slow, corrupt or incompetent. We either take your view that' it's a hopeless situation or we continue to encourage and applaud all efforts to apply pressure on those in the positions to make change. You say ads is 'missing the point' or I'm being 'unrealistic'. I don't think so, I think it's just doing what we can by working together.
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Dear All,
there is no either/or, injustice of all kinds should be resisted with all available effort.
due diligence should be to appoint a lawyer to act in your interest, a lawyer practising within the system, knowing all.
any lawyer acting honestly will know in advance what EOS knows, as common knowledge, Justin had to learn it, Techno learnt it plus the fact that "off Plan" in Spain should not be touched with the proverbial barge pole, Bobaol learnt it also.
those who wish to hush it up because of it's doom and gloom content are guilty of trying to hide it.
how in all conscience can you hide the fact that a brigade of armed policemen were ordered to invade a private household and turn a lawabiding Spanish family onto the street whilst they demolished their home in front of them.
just in the day's work in a god foresaken country?
was it a moment of madness on the part of this group? have they been incacerated until they are sane again?
has anyone at all been sanctioned in these disgraceful matters?
as far as I am concerned this has put me off Spain altogether, I don't even want to be associated with them through the EU, they are just not civilised, this is third world stuff.
how could any ordinary Brit want to be involved in this country, let alone believe that they can change it?????????
HOW CAN YOU?????????
Regards
Norman
_______________________ N. Sands
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Dear All,
be quick before Justin wipes it off
Norman
This message was last edited by normansands on 15/11/2010.
_______________________ N. Sands
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We are probably in agreement with much of what you identify Norman, BUT your solution to regaining your monies and preventing this from happening to others is.......?
This message was last edited by ads on 15/11/2010. This message was last edited by ads on 15/11/2010.
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Here is an update from Len and Helen Prior (the couple who had their house demolished):
ENOUGH OF ANNIVERSARIES, WE WANT JUSTICE
To mark the third anniversary of the demolition of their home in Vera, Helen and Len Prior sent nearly 400 New Year cards to politicians, members of the Junta de Andalucia, mayors, legislators, judges and even the King of Spain to underline their continued fight for justice.
Recipients in the UK included the Prime Minister, members of parliament and the British Ambassador to Spain. All Spanish and English MEPs also received cards. This action was supported by two organisations fighting urban abuse injustices in Andalucia, AUAN in the Almanzora Valley and AULAN in Levante.
The international scandal of the demolition in Vera has contributed to a European-wide crisis of confidence in the Spanish housing market and the card shows a graph of the sharp descent in house sales to foreign buyers over the last four years which reflects this.
In the case of the Priors, appeals and counter-appeals between Vera council and the Junta de Andalucia continue. In the meantime the barrister for the Priors has requested that the Judge order Vera council to compensate them now, on the understanding that if the final decision goes against the Junta, the council can recover the costs from them. The result of this request is still not known.
Three years of homelessness, financial and emotional distress is a cruel and inhumane treatment of these innocent victims of urban abuse who still wait in limbo for justice.
The Card reads: Our New Years wish is for a fair and intelligent solution for the innocent victims of urban abuse in Andalucia.
_______________________
Schools in Spain Guide | The Expat Files | Learn Spanish | Earn a living in Spain
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EOS Team
well done for posting this update. Looking on the positive side, it'd good to see the support they are getting from reasonable and fair minded people from Spain and elsewhere. The fact they are still in this position confirms what many of us feel in that common sense, fairness and justice is still a long way from reality in Spain even with undoubtable evidence. On top of that how useless is the EU and the British government when it comes to helping those so clearly wronged? The Priors case is disgusting and obscene, and against human rights, but still the authorities in Spain won't see it that way. Is there any wonder Spain's reputation and property industry is in it's current position?. Talk about shooting yourself in the foot, what a golden oppotunity Spain has with the Priors case to show the world it intends to leave the old ways of corruption lies and deception behind!
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Thank you Justin and well said Goodstich.
Sadly, this is by no means just the Priors.
I see this morning within the blog titled Marbella Town Hall told to complete demolition of illegally built properties the following
“The Andalucía High Court of Justice has, once again, ordered Marbella Town Hall to demolish the illegally built properties in the town on which demolition orders have already been issued.
In the latest judgement the Court reminds the Town Hall that it has the obligation to follow firm sentences.
Judges Manuel López Aguyó, José Baena de Tena, and Eduardo Hinojosa Martínez, explained that the Supreme Court declared in 2003 that ‘article 118 of the Constitution establishes the obligation on the Town Halls to comply with the firm sentences of the courts’. They also consider that such obligations have to be met ‘in the public interest’, and not for the interest of individuals. “
So there we have it confirmation that individuals who did everything by the book, are caught as pawns in the games between the High Court of Justice and the Town Halls.
When are the Government going to establish a proper compensation structure for all innocent individuals who have been drawn into this web of deceipt and corruption? Bank Guarantees, illegal builds, developer abuse, justice maladministration….. we are not just talking of a few cases here.
It is an obscenity and we all need to step up to the mark to stand as one against ALL of these abuses.
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Dear All,
one poster with property connections suggested that the planning abuse here was breach of agricultural (rustica) planning regulations. Is that the case?
Assuming that the Priors used a lawyer to check all matters relating to the purchase, what is his/her explanation of the checks?
Was the lawyer negligent?
Were they mis-advised?
Who justified the demolition and how?
Are the facts logged anywhere?
Inhuman but who is in the wrong?
Regards
Norman
_______________________ N. Sands
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This article back in November implied they were innocents caught between the Junta and local town hall, the implication being that the town hall approved the original application from the outset, i.e. Vera council incorrectly issued the planning consent
see http://www.typicallyspanish.com/news/publish/article_27734.shtml
This message was last edited by ads on 10/01/2011.
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Dear Ads,
thank you but nothing explains why the lawyer did not check the actual planning permission back to basics, if the land was zoned rustica land without change, then they should have been so advised by their lawyer.
The suggestion is that other properties on the same land have been left standing - why?
Surely all of this is in the compass of the lawyer or lawyers acting?
How do you get people to actually post the full facts?
I did like the comment.............
I've got a legal house but I've decided to sell up and get out now before the situation gets worse and prices drop further.
If these short-sighted politicians can't see the damage they are doing, I will put my money into a country that welcomes foreign investment.
A third world country with first world aspirations run by second class crooks is how Spain has been described and a lot of my friends feel its also time for them to move on.
Will the last one left please turn the light out.
Regards
Norman
_______________________ N. Sands
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Sadly it is appearing that way which is why it's in the Government's interest (and lawyers) to do something about this. And quickly.
Those of us caught up in this maliase have been forewarning of this consequence for some time now.
As for your observation "The suggestion is that other properties on the same land have been left standing - why?" I suspect the Priors were the scapegoat to test the waters so to speak, or possibly to demonstrate a disincentive to other town halls considering following this illegal process. That's all well and good if a compensation structure is put in place for the innocent pawns, but without this it becomes an abhorence.
Isn't it ironic that this is exactly what we have been calling for regarding Banks/developers, whoever, to be made accountable and be swiftly financially penalised, to act as a disincentive? The government appears to have turned a blind eye to this obvious abuse however, in fact it perpetuated the abuse by failing in its duty to provide a decent justice administration to apply the rule of law.
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as is so often the case, the victim of the original crime, then becomes the victim of the (so called) justice system. Where's the difference in crooks? What possible point is there in taking a case to court if you can't rely on the common sense and integrity of the judge to rule in favour of those so clearly in the right.
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Dear All,
what concerns me, as always, is the main professional crook, the lawyer, he facilitates the whole process charging large "professional" fees based on percentages of large sums and no matter how gross the negligence and abuse of the "clients" interest, always gets away scot free. Few seem to even apportion any blame in his direction, I seem to be something of a lone voice.
It is said that the Brits are being replaced as buyers by Germans and other Nordics, are they using and relying on the same lawyers?
Will anything at all change?
I suppose some good will come of it, perhaps even some of the worst build rubbish will be demolished for its quality rather than any planning considerations.
Or I suppose also that we will be just be left in neglect, lost and overtaken by other concerns?
Regards
Norman
_______________________ N. Sands
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there are good and bad lawyers, we all know that, and their integrity and input in to changing the system is the subject of much discussion. Good or bad though, they work within the current system. What is in no doubt is the dreadful way many are treated by that system, so that's where the main focus is directed.
Lawyers are just part of the problem, though of course a huge part in many cases. If more integrity and common sense was administered from the top, then all below would have to fall in to line.
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Dear All,
I am afraid I cannot make any sense of that at all.
The lawyers should be held accountable with full professional indemnity insurance for the service they provide, they are insured aren't they?
Regards
Norman
_______________________ N. Sands
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Hi Norman,
I've just posted on the lack of BG thread a query in this regard.
This message was last edited by ads on 10/01/2011.
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Norman
Have you ever tried to sue a solicitor? I have (in U.K. many years ago)
The following are good analogies:
- Herding cats
- Nailing jelly to a wall
I gave up!
_______________________ Max Kite
Maximeters S.L.U.
www.maximeters.com
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