02 Dec 2013 8:07 PM:

Not angry ...just trying to be resourceful!

 

Anyway - I thought you'd moved on

Thread: The simple solution to the Bank Guarantee Abuse

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02 Dec 2013 2:20 PM:

Hugh - you don't know me and you don't know what I can afford to lose.  I have been defrauded and I choose to attempt to recover my loss through the courts.  You can choose to write off your loss if you wish.  No more advice based on uninformed assumptions thanks.

Thread: The simple solution to the Bank Guarantee Abuse

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02 Dec 2013 9:26 AM:

Thanks for the uninformed advice Hugh - my claim against the bank is for approx 350,000 euros.

Thread: The simple solution to the Bank Guarantee Abuse

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01 Dec 2013 8:32 PM:

Ads I agree and have been stressing the point in all my communications with MEP's, UK and Spanish government officials, that Ley57 1968 is a perfectly adequate law but it needs to be implemented.

My case has now been to court 9 times and has failed on each occasion on petty technicalities which have nothing to do with the basic undeniable facts which are - the bank issued a guarantee against late delivery, a property is not delivered until the LFO is issued, the LFO was issued in July 2012, the bank have been refusing to honour the guarantee since I first tried to execute it in 2006, they claim that the LFO's were in place by administrative silence. Even if the rule of administrative silence was ever for real, it has never been applicable to illegally built properties - a fact that has been ratified in Supreme court.

The bank of Spain are fully aware of what the banks are doing and refuse to regulate them.  There is a backlog of cases awaiting court hearings.  Thousands of these case do not belong in court and only require a directive from B of S to all issuing banks that execution of guarantees is mandatorey on presentation of proof of late or non delivery of properties by contracted deadlines.  It really is that simple!

By issuing guarantees and refusing to honour them, the banks are committing fraud. 

Employees of banks have a duty to report any fraud that may be occurring within the banks that employ them - this may be part of European banking code, I'm not sure but I believe it is the case in the UK. An employee who knows of such fraud within their organisation and fails to 'blow the whistle' is comitting an offence. The bank's lawyers are employees and as such are bound by that duty.

Not only are the banks lawyers aware of the fraudulent activities of their employers, they are actively taking part and supporting their employers in that action by lying on their behalf in court.

Fraud is a criminal offence, not a civil one and should be dealt with initially by the police.  I believe that a course of action we should consider is to seek out the Spanish equivalent of our SFO and report to them the actions of the banks.  I would have thought that they would have to take the allegations seriously. Any thoughts??

Thread: The simple solution to the Bank Guarantee Abuse

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30 Nov 2013 10:34 AM:

Writing to MEP's is a waste of time.  They have standard replies - 'we cannot intervene in the affairs of another member state',   'we cannot get involved in individual cases'.   'we are really sorry to hear about your situation, unfortunately we are unable to help as it is outside of our remit'.   These comments are followed by suggestions of various bodies they suggest you contact whoi will give similar replies.

2 years ago, 5 of us had a meeting with David Liddington, European Minister, who gave the impression that he was listening to us by taking deep breaths at appropriate intervals.  He then made several promises of action - he would set up a cross party group to tackle the situation, he would raise the issues with his Spanish counterpart at every possible opportunity, he would involve Nick Clegg as his wife is a Spanish Lawyer and would hopefully be disgusted at the way her country behaves etc...we never heard another word from him.  One of our group submitted a huge file to his office including several case studies and extracts from Spanish laws which are constantly broken without consequence - the file was never even acknowledged and is probably holding a door open somewhere in the foreign office.

Our government will not help, the only possibility of any kind of result is through lengthy and expensive court procedures and even then they will waste as much time as possible and throw every possible obstacle in the wayin the hope that you disappear.

I wish you success.

 

Thread: Any legal question on buying property in Spain? Maria answers

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