- This topic has 15 replies, 8 voices, and was last updated 16 years, 2 months ago by
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Here is more successful publicity to date,
http://www.business24-7.ae/articles/2009/1/pages/01142009_b5615b7578054745ac9bf2f9d089d8db.aspx
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BUT more exposure is needed, more signatures are required and more influential people involved.
If you’re in a similar position to me you can help by taking or sending your story to your MP together with copies of these articles. We have 9 days left before the petition is scheduled to be sent. Please keep the letters flowing. And keep the signatures coming.
Thanks to all those of you who are still behind the petition.
roots
http://www.gopetition.com/petitions/spanishbankguarantees.html
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Roots, I have been drumming up support for your petition wherever I can.
Just to say that quite a lot of people I have spoken to think that if they do not have a bank guarantee, they cant sign the petition. This is a general impression that many people are getting, they have made stage payments, but have no guarantee issued.So , am I right to advise them still to sign ?
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Roots, I have been drumming up support for your petition wherever I can.
Just to say that quite a lot of people I have spoken to think that if they do not have a bank guarantee, they cant sign the petition. This is a general impression that many people are getting, they have made stage payments, but have no guarantee issued.So , am I right to advise them still to sign ?
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“I have spoken to think that if they do not have a bank guarantee, they cant sign the petition.”
I can see where they are coming from. However as it construed a breach of the Law. They should take the line that if the developer issued them a guarantee as required by law they would have been protected.
The developer of their property must have issued Guarantee’s to others. These guarantees are standard guarantee only thing that changes is the name of the buyer its unit etc.
If, I was them I will sign up. No point being decent or pragmatic about it. Remember, Spain is different.
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“I have spoken to think that if they do not have a bank guarantee, they cant sign the petition.”
I can see where they are coming from. However as it construed a breach of the Law. They should take the line that if the developer issued them a guarantee as required by law they would have been protected.
The developer of their property must have issued Guarantee’s to others. These guarantees are standard guarantee only thing that changes is the name of the buyer its unit etc.
If, I was them I will sign up. No point being decent or pragmatic about it. Remember, Spain is different.
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JaneR – this is a long reply. Bear with me.
The petition is a complaint to the Governor of the Bank of Spain about the behaviour of certain banks which will be named clearly on the petition. It does have a very narrow focus. And this is why:
I have a valid bank guarantee which the bank refused to honour. The courts in their wisdom first accepted the validity of the guarantee awarding me the return of my deposit but, on the appeal of the bank, reversed its decision. A counter-appeal also failed as did a further review.
I decided I would appeal to the Governor of the Bank of Spain who claims that through the Banking Discipline Law he can put pressure on any bank not honouring its given guarantees. He can impose sanctions.
http://www.bde.es/faqs/regu1e.htm#enlace2Having written my letter, but not yet sent, I thought it would be a good idea to ask other people in my position to also write to the Governor. So from a letter bearing just 5 signatures it has developed into a petition.
The wording on the petition says:
The petitioners below … have received the necessary bank guarantees through their lawyers. This simple, straightforward assurance required by law and vetted by lawyers for all sides has been accepted in good faith by would-be purchasers.
We, the undersigned, wish to protest … against those banks which are still refusing to honour the guarantees they gave.
This wording states clearly that the petition is signed by people who actually have a guarantee in their hands. I believe that the Governor, is saying, both on the Bank of Spain’s website and in his statements to the press, that he can take action when guarantees have not been honoured. If a guarantee has not been given in the first place the Governor cannot be held responsible for the omission. So, in my view, there is no point in complaining to him. Complaints about a total lack of guarantee are a legal matter. It is lawyers acting for purchasers who are responsible for such omissions.
BUT, there are many people who were promised a guarantee, assured by their lawyers that they had one, yet have never seen the document. If however they can produce evidence in writing that such a promise was made and can give the name of the bank which was to provide the guarantee then that information can be written on the petition.
I do think it’s important that the Governor gets a clear picture of which banks have not complied with the law and which have gone to great lengths to avoid their responsibilities. If he is to do his job, and each case is to be examined, then the cases must be watertight. There is no point in him looking at a case where there is no guarantee.
I do understand that people are very distressed and anxious (been there myself) and have signed although they don’t have a guarantee. I do intend to separate these signatures if I can and send them with an explanation to show the Governor why this whole business of Bank Guarantees needs to be overhauled, made absolutely foolproof and beyond malpractice. It’s a Spanish Law, for goodness sake.
So, in conclusion, I would ask for only those signatures of people that have been given a bank guarantee for which they can produce evidence. Ask yourself, ‘Can I name the bank?’ If you can, sign your name. If you can’t, please make sure you add your names and circumstances to Suzanne’s Spanish Property Scandal Petition http://www.spanishpropertyscandalpetition.co.uk because this is something that our Government should be complaining about to the European Parliament with a view to them getting tough with Spain. In fact, everyone should sign that.
I hope this helps people decide what action to take.
roots
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Come on Everybody!
Let’s get this show on the road:
http://www.gopetition.com/petitions/spanishbankguarantees.html
http://www.spanishpropertyscandalpetition.co.uk -
The petition is now closed. 229 lines of signatures and some of those are couples.
The petition is to be taken to Madrid shortly, and I will be in touch with those who provided an email address privately.
Many thanks to those who signed and supported and cheered me on. And thanks to Mark who allowed me to promote it on this Forum.
I hope that the Governor of the Bank of Spain can now see that we have a compelling case, and that he will take it on board and do something about the banks’ behaviours.
I will report on any progress so watch this space.
ruth
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