Frustrated Brits write to judge in Murcia

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    • #55924
      Anonymous
      Participant

      This letter recently sent by a British couple who have lost money at Trampolin Hills to the judge hearing the case. Gives you an idea of how things sometimes go in Spain. Some names removed.

      FAO: The Presiding Judge
      Investigating Court 2 of Murcia
      The Royal Palace of Justice
      Murcia City
      MURCIA
      Spain
       
      4th September 2010
       
      Dear Madam

      I am taking the unusual if not unprecedented step of writing directly to not just the
      Courts but specifically to you Madam Judge in connection with the above matter.
      However in no way should this fact be taken as any criticism of my Legal
      Representative. Both he and his firm have represented me correctly in both the Civil and
      now these Criminal proceedings through the Courts in Murcia. My concerns are quite
      specific to the Courts and the Legal process in Spain in relation to this matter.
       
      Naturally as a “non-Spanish” resident I fully both accept and appreciate that the
      legal process in Spain is very different to that in the UK and so have to understand
      that these “differences” may be perceived as “delays”. Maybe it is the fact that being
      accustomed to UK Court practise that it is difficult to understand the process’ in
      Spain. Were my case being handled in the UK not only would it have been
      completed by now after nearly two years were that not to have been the case we
      would at least have a clear indication as to time scale with a trial date having been
      fixed. The UK system would have had a preliminary Hearing in what we refer to as
      the Magistrates Court when the matter would be referred to Crown (the equivalent
      of your Court) with specific timescales and dates being provided by the Court. In this
      instance having started this legal process some two years ago we still can see no
      end in sight with no trial date having been set … such a procedure can seriously
      damage the Plaintiff and protects the Defendant to an extent which appears unfair.
       
      In my particular case I purchased a property from the Defendant in “Good Faith” in
      2005 and paid over a considerable sum of money … approaching €200,000! When it
      came time to complete I became aware of a large Mortgage outstanding to CAM
      Bank which would have to be cleared before completion could take place. I then
      discovered that the Defendant had sold the property TWICE to a third party who had
      then moved into my villa. No prior indication was given to either my wife or I of this
      action … neither had it been requested by either of us. For sure in the UK this
      amounts to a clear case of fraud but I accept this may be different in Spain. What is
      just as clear however is that the delays of the Court in this instance are simply
      serving to allow the Defendant to sell and hide all his assets so as to leave
      potentially nothing available to ourselves as the plaintiffs.
       
      It will for certain be common knowledge to yourself and the Courts in Murcia if only
      because of the attendant publicity given to the matter in the Media and the Press
      that the Defendant and his partner have defrauded some 1500 innocent individuals
      of approaching €200,000,000.00!
       
      My request of you is therefore very simple … could you expedite this matter with an
      earlier Hearing so that at least we may be able to salvage something from our life
      savings which we sank into this purchase.

    • #101283
      Anonymous
      Participant

      Yes, the judge will be laughing at his letter. You can see how sensative they are as the Forgin office has been reported by the judge in the case of Sean Connery

    • #101345
      Anonymous
      Participant

      Acually Shakeel you are wrong … I wrote the letter in question and I went and spoke to the Judge myself last Thursday. Whilst appearances can be deceptive she was extremely sympathetic and has elected to “fast track” my case; then again what does “fast track” really mean … 2years instead of 10!!!!!!!!!!!!!!! I am intrigued with the Sean Connery connection … I was not aware of his problem.

    • #101346
      Anonymous
      Participant

      @AndrewWilford wrote:

      Acually Shakeel you are wrong … I wrote the letter in question and I went and spoke to the Judge myself last Thursday. Whilst appearances can be deceptive she was extremely sympathetic and has elected to “fast track” my case; then again what does “fast track” really mean … 2years instead of 10!!!!!!!!!!!!!!! I am intrigued with the Sean Connery connection … I was not aware of his problem.

      That’s encouraging news. Well done for doing something about it. Hope it works out.

    • #101354
      Anonymous
      Participant

      Andrew. I am happy for you & hope you sort your issues. What is curious how did you get to see the judge ??? .

    • #101365
      Anonymous
      Participant

      Well … in reality it was one of those “How do you do, my name is Sue” moments where (a) knowing the Building and (b) the Court number I simply went to the offices attached to this Court and introduced myself to the staff. The Courts system in Spain is very different to the UK insofar as on each floor there are avout 4 -5 Courts. The workload is assigned to a particular Judge and Court number … mine was Court 2. The Judge was hearing a case when one of the staff simply entered the Court and spoke privately to the Judge who apparently simply requested that I be asked to sit at the back of the Court and wait. Once the trial she was handling ended I was simply requested to go to the front of the Court and explain my request … she listened (as opposed to simply “hearing”) … excused herself to retrieve my file and then with a politeness which frankly stunned me simply said that with my having flown from the UK just to see her, and having listened to my case that she was sufficiently concerned to bring the matter to the top of her list. All that was, of course, a week ago now and still I wait for a Court date. This would NEVER have happened in the UK but the Judge’s actions betrayed a “personal” side to the character of the Justice in Spain which is usually sadly lacking … either that or the situation with Trampolin (bothe Solera and Hills) is so well known in Murcia that the guilt of those involved in the Development makes their ultimate outcome a foregone conclusion. either way I was as surprised as I guess you are by the response!

    • #101371
      Anonymous
      Participant

      I am indeed surprised. I have come accross some nasty & incompetant judges in London Courts. YOu will not see them anywhere. I even went to check the local Pub to see if they go there for Lunch etc.

      It seams that you are now in the hands of the Court admin department. I think you have to give them a nudge.

    • #101372
      katy
      Blocked

      Judges are different in Spain. Not sure of the procedure but a neighbour who is a Lawyer told me his wife was studying to be a Judge. She was only 25 😕

    • #101376
      Anonymous
      Participant

      I have nothing against age. But I expect the judges to have done there rounds & have earned their wigs to cover their bald head’s.

    • #101475
      Anonymous
      Participant

      Well it would appear that the Judge was as good as her word … she issued a “Fianza” last week giving the Owner of Trampolin Solera 5 DAYS to pay €200,000.00 into Court to cover the initial claim. Let’s wait and see now what happens!

    • #101476
      Anonymous
      Participant

      Great news Andrew. Let us know what happens.

    • #102075
      Anonymous
      Participant

      Please see this link to the online form for EU petitions. https://www.secure.europarl.europa.eu/parliament/public/petition/secured/submit.do?language=EN
      Also the article linked here:
      http://www.theleader.info/article/21820/trampolin-hills-denounced-in-brussels/?send=ok#comments
      We advice all Trampolin Hills buyers to fill out this form and submit your petitions, asking for a full compensation and refund of the deposits with interests, in the case our homes can not be built. Thank you.

      Also, whether you were issued a bank guarantee or not, you can fill out this detailed petition and submit it online:
      http://www.bankguaranteesinspain.com/index.htm

      Wishing you a HAPPY NEW YEAR!
      http://bftboth.blogspot.com/

    • #102076
      Anonymous
      Participant

      Also, we phoned the court today, and were told we can expect an answer regarding the bankruptcy just before or just after the summer holidays in 2011. Please feel free also to leave comments on our blog.
      http://bftboth.blogspot.com/

    • #102074
      Anonymous
      Participant

      @AndrewWilford wrote:

      Acually Shakeel you are wrong … I wrote the letter in question and I went and spoke to the Judge myself last Thursday. Whilst appearances can be deceptive she was extremely sympathetic and has elected to “fast track” my case; then again what does “fast track” really mean … 2years instead of 10!!!!!!!!!!!!!!! I am intrigued with the Sean Connery connection … I was not aware of his problem.

      I was also intrigued so I googled it, …………………..here it is! http://www.guardian.co.uk/film/2010/oct/15/sean-connery-marbella-court-spain

      Sorry to read of your situation, I have such a minor one in comparison, Hope you get something back if not all.

      HB

    • #102079
      katy
      Blocked

      @bftboth wrote:

      Also, we phoned the court today, and were told we can expect an answer regarding the bankruptcy just before or just after the summer holidays in 2011.
      http://bftboth.blogspot.com/

      Just read the blog and the timescale of the whole fiasco…the whole thing stinks of fraud and corruption. Not a chance of Spain getting it’s act together regarding
      property law and justice.

      However I hope all of you are lucky.

    • #102080
      Anonymous
      Participant

      Katy, property law is no exception. Its only that the Brits had to encounter this aspect of the law.

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