Zapatero gets a bashing over demolitions

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21 Jan 2010 12:00 AM by buzylizzie Star rating in Gibraltar, Manilva a.... 192 posts Send private message

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UKIP Marta Andreasen addresses the issue of illegalk demolitions

www.youtube.com/watch

 





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21 Jan 2010 6:01 PM by KP Star rating. 229 posts Send private message

Thanks for this link, how nice to see Zapper getting Zapped!!! I congratulate the UKIP member for confronting him, he didn't like it he.......


 



This message was last edited by KP on 21/01/2010.



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21 Jan 2010 10:34 PM by 1962 Star rating in Iznalloz. 181 posts Send private message

What a brave lady for confronting Zapatero, I could see  her hands shaking as she was speaking. We have to hope that some action may be taken in the future.

Kathy



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21 Jan 2010 11:08 PM by Poppyseed Star rating. 897 posts Send private message

She is a brave lady, she was sacked from the EU for whistleblowing on the dodgy accounting there. We need more people like her in politics everywhere.



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22 Jan 2010 2:29 AM by sandra Star rating in . 812 posts Send private message

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A courageous lady indeed and powerful words.

You can write and thank/congratulate her here:-

marta.andreasen@europarl.europa.eu.

I have.

She is also appealing for other victims who live in her constituency to contact her with details of their situation.



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22 Jan 2010 10:08 AM by goodstich44 Star rating in northampton. 1648 posts Send private message

sandra

amazing isn't it. The first person with enough balls to do this is a lady!!.  I have written to congratulate her also and given her the info of my nearly 8 year fight for justice. Will Zapatero take action?, I doubt it?, but if enough pressure is put on politicians by enough people to keep the pressure on, then hopefully he wont be able to keep ignoring the shame of Spain!!





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23 Jan 2010 8:07 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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I am so filled with emotion and hope after watching this video today. Thanks to Marta Andreasen first and then to Buzzylizie for posting the video and Sandra for posting the email address.

 

I am contacting Marta  today and will tell her about our past and future actions for the legal restoration of so many disasters.

 

We will be paying attention of course to Banks´liabilities under Law 57/68.

 

 

Rain in Spain. ( Tossa de Mar) By Monkeyleader at Flickr.com



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Maria L. de Castro, JD, MA

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Director www.costaluzlawyers.es

El blog de Maria



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23 Jan 2010 10:00 AM by goodstich44 Star rating in northampton. 1648 posts Send private message

maria

well done you for any help you can give, and everyone you mentioned for highlighting this.  If the people in power had even a fraction of our concern for those wronged, then the whole Spanish property industry would be in a far better position!





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23 Jan 2010 5:10 PM by normansands Star rating in Kent. 1281 posts Send private message

Dear All,

great stuff,  thank you, she will get my vote next time.

so much better than all the weasel words and silly spinning.

keep up the fight all and ignore the sillies and their distractions.

Regards

Norman 



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23 Jan 2010 8:02 PM by 1962 Star rating in Iznalloz. 181 posts Send private message

Thanks for the info Sandra, I did write to thank her and felt very honoured to do so.

Kathy



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25 Jan 2010 4:17 PM by ads Star rating. 4134 posts Send private message

Maria, please could you also bring attention to the major delays in the court system and the dire impact on those, who having won their cases, are denied timely justice. It makes a mockery of the legal system when your "win" counts for very little, as provisional enforcement orders are compromised or developers go into administration in the interim. It's a growing problem that requires swift attention.





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26 Jan 2010 6:56 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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 Ads,

You are completely right. It is an increasing problem.

I can only see an answer to that through negligency requests against those who  had to secured on the existence of Bank Guarantees under their professional duty of care and under law provisions: Banks under 1.2 of Law 57/68, agents, conveyancing lawyers... we all need to assumne our own risponsabilities.

Maria



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Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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26 Jan 2010 9:59 AM by goodstich44 Star rating in northampton. 1648 posts Send private message

Hi maria

what is your opinion on the points below?

1 - Bank Guarantees are often not honoured by the banks, and this itself can end up in yet another court case.

2 - Bank Guarantees are surpossed to be a legal requirement, yet we were never given one by Aifos?  

3 -How can people be confident that their Spanish lawyer is to be trusted?  In the UK we take it for granted that a lawyer can be trusted, why can't we do this in Spain?

3 - Even when you win your case after fighting for years, what good is the win if the court then delays the case for over two years, and then delays sentence for a further 6 months?  During this delay, the developer may well go bust.

4 - What is the point of having a building license in place, if the license is then deemed useless by a previous planning order?.

Until the laws on the points above are changed or the laws already standing on the above are implemented, then who will have trust in the Spanish property industry?.  It's not asking for much, just justice within a system that can be trusted to know right from wrong and take action in a reasonable time frame!!





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26 Jan 2010 10:09 AM by ads Star rating. 4134 posts Send private message

I'm confused.

Maria, in your assumption that the answer is through negligency requests, this will add to the demand on the courts not diminsh it (also more will be left at risk  if, God forbid, these demolitions go ahead and they too try to resolve their issues via the courts). So ultimately the government will have to respond to the growing demand. It's the government that appears negligent in this regard.

One pertinent question...... where do the monies to provide for court administration come from? Local government, regional government, or national government? Who is ultimately responsible for financial provision to provide an effective justice system?

 



This message was last edited by ads on 26/01/2010.



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26 Jan 2010 11:10 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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Ads: The goods of the company under unsolvency status pay for the administrator. The rest of the persons and goods necessary for the insolvency proceeding are paid as every other judicial proceeding. with the funds of the Justice department.

Goodstich 44: Answers to your questions:

what is your opinion on the points below?

1 - Bank Guarantees are often not honoured by the banks, and this itself can end up in yet another court case. They will end up with further costs as they will have to pay legal costs of the counterparty too.

2 - Bank Guarantees are surpossed to be a legal requirement, yet we were never given one by Aifos? Search on liable parties here and produce the corresponding action.  Maybe an action against all who intervened in the conveyancing process: developer, Bank, solicitor, agent.. so they can all prove and deffend themselves.

3 -How can people be confident that their Spanish lawyer is to be trusted?  In the UK we take it for granted that a lawyer can be trusted, why can't we do this in Spain? Painful question indeed. If I were a foreign in Spain now,  I would refer to personal recommendations.

3 - Even when you win your case after fighting for years, what good is the win if the court then delays the case for over two years, and then delays sentence for a further 6 months?  During this delay, the developer may well go bust. Again, the resort here is for negligancy actions to compensate losses: against all the actors mentioned in question 2 if there was no Bank Guarantee. I asume there is no Bank Guarantee as you are acting against a developer.

4 - What is the point of having a building license in place, if the license is then deemed useless by a previous planning order?. In this case, you have an action against the Local Council. Of course your conveyancing lawyer needs to check both local and regional plans when checking on the validity of a license too.

Until the laws on the points above are changed or the laws already standing on the above are implemented, then who will have trust in the Spanish property industry?.  I do understand.  It's not asking for much, just justice within a system that can be trusted to know right from wrong and take action in a reasonable time frame!!  Of course you are right and that is what we need to fight about in the democratic countries we live in. Let´s fight and be confident.



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Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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26 Jan 2010 11:27 AM by normansands Star rating in Kent. 1281 posts Send private message

Maria,

I have many times asked why the regional plans are not readily available in every public place and on this forum.

why is it?

Regards

Norman



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26 Jan 2010 11:40 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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http://www.juntadeandalucia.es/viviendayordenaciondelterritorio/www/jsp/estatica.jsp?pma=1&ct=11&pmsa=4&e=ordenacion_territorio/plan_ordenacion/index.html

For Andalucia and unfortunately just in Spanish.

Best regards,

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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26 Jan 2010 11:44 AM by goodstich44 Star rating in northampton. 1648 posts Send private message

maria

thanks for your replies to my questions. 

Perhaps the biggest question is, ....when those like yourself can see so clearly what the problems are, why can't those in power who are trusted to do the same, see with similar clarity and take action to make long overdue changes to benefit not only individuals, but the whole industry?   I think we have to assume that corruption is still far to acceptable in Spain, and justice is often not seen as a right, but something that so often has to be fought for, and for many it's a fight that can't be sustained for the time or money available for the individual ? 

I wonder if without '' the people '' demanding change, wheather it will take a generation to change, rather than months or years even, or will the current situation with the property industry force change sooner than that?





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26 Jan 2010 12:12 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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I have got my hopes on the presence of foreigners in Spain and the standards that our membership in the european Union demands.

I am very proud of being a Spaniard, we are hospitable, warm, happy people with a strong social and family system but am ready to acknowledge and understand both strengths and weakenesses of my country and culture. 

Those above ( social and family ties) can convert into vices if they are not correctly lived out. The spoiled version of these can be the two most  damaging behaviours in proffessional life, which had a great impact on corruption during the real estate boom: the so called " amiguismo" ( buddy system, favouritism), and the " no problem"  which are at the end a lack of sense of risponsability and duty.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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26 Jan 2010 12:55 PM by goodstich44 Star rating in northampton. 1648 posts Send private message

maria said

'' I am very proud of being a Spaniard, we are hospitable, warm, happy people with a strong social and family system ''

maria

well that's just what my wife and I found on our visits to Spain. Not so much the tourist regions, but the north and villages and towns away from the coast in particular that we visited in our motorbike touring days. It saddens me deeply to have gone from loving the country to feeling anger, bitterness and despair at the way the country's legal system has treated us. I don't resent the people any more than I resent those who hate many aspects of the UK system, but I do hate the bad side of  'amiguismo'  that has hurt so many.

I do feel now though, that the time for Spanish people to stand up and say the current situation is not acceptable is long overdue?





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