22 Mar 2011 6:44 PM:

Bangor,

NO,,,,,,,  the Spanish bank does NOT have to go anywhere near a Spanish court to obtain an EEO, if they use an AUTHENTIC INSTRUMENT,,,,,  You or your lawyer signed the authentic instrument upon taking out the mortgage i.e the MORTGAGE CONTRACT.

If 3 mortgage quotas are missed and a notorised lawyer agrees that there is a debt outstanding that will surfice!!!

This has been confirmed by the highest possible authorities.

Please look to protect your UK assets first.

Hope this helps.

Thread: Help needed re European Enforcement Order

--------------------------------------

22 Mar 2011 6:09 PM:

I know personally someone who has been through this process of attempting to defend an EEO in the UK courts, being persued by a Spanish bank for non payment of a Spanish mortgage.

The legal advice obtained from UK barristers was that they had NO defence as an authentic instrument had been used.

Two UK Judges heard the case and had no option but to make the charge absolute.

Both Judges stated that the Spanish procedure had been properly followed and that they had NO juristiction to strike it out.

The judges had sympathy with the clients but were unable to use their discretion to halt the process.

Persons who were consulted were, Viviane Reding, the European Commissioner for Justice, the Spanish Minister for Justice in Salamanca, the UK Ministry for Justice, Mr William Haige, Foreign Secretary and MEP Ashley Fox.

All of whom COULD NOT offer any defence to this process.

I implore anyone who has any concerns in this area to seek advise from a UK lawyer who specialises in client protection PRIOR to issue of an EEO.  This includes anyone who has a debt or potential debt within Spain. 

Thread: Chasing mortgage debt in the UK

--------------------------------------

22 Mar 2011 6:03 PM:

I know personally someone who has been through this process of attempting to defend an EEO in the UK courts, being persued by a Spanish bank for non payment of a Spanish mortgage.

The legal advice obtained from UK barristers was that they had NO defence as an authentic instrument had been used.

Two UK Judges heard the case and had no option but to make the charge absolute.

Both Judges stated that the Spanish procedure had been properly followed and that they had NO juristiction to strike it out.

The judges had sympathy with the clients but were unable to use their discretion to halt the process.

Persons who were consulted were, Viviane Reding, the European Commissioner for Justice, the Spanish Minister for Justice in Salamanca, the UK Ministry for Justice, Mr William Haige, Foreign Secretary and MEP Ashley Fox.

All of whom COULD NOT offer any defence to this process.

I implore anyone who has any concerns in this area to seek advise from a UK lawyer who specialises in client protection PRIOR to issue of an EEO.  This includes anyone who has a debt or potential debt within Spain. 

 

 

Thread: Help needed re European Enforcement Order

--------------------------------------

21 Mar 2011 3:53 PM:

This is the whole point Maria.

The banks ARE NOT seeking to take back the Spanish property first. They now DO NOT have to, unlike in the UK.

The EEO can be used, and HAS BEEN, without having to go anywhere near a Spanish court.

Thread: Help needed re European Enforcement Order

--------------------------------------

21 Mar 2011 3:01 PM:

Dear All,

The whole point of using the EEO in this way is that the Spanish banks DO NOT have to go anywhere near a Spanish court first!!!! (as in the case reported on in the Mail on Sunday)

The banks DO NOT have to mitigate their losses first by taking possession of the property in Spain, unlike in the UK!

Please be aware that a number of Spanish banks are now seeking to make use of this process.  Being encouraged by the Spanish authorities and lawyers in the UK!

The case that was reported on has now been made absolute, with the UK judge commentating that they were appalled by it, however powerless to halt it.

It is very imortant that people act now to secure their assets.

Saint George.

 

 

 

 

This message was last edited by Saint George on 21/03/2011.
Thread: Help needed re European Enforcement Order

--------------------------------------