July 31, 2009 at 10:28 am #55137
Charlie wrote on another thread:
<<Surely this raises the question: can pre-meditated fraud override bankruptcy protection by qualifying for a case to come under criminal charges as against going through the civil courts?
As the article states, they tricked their clients in a pre-meditated way…
Would an example of this be for example if a Bank Guarantee had been issued after a building licence was revoked, which would be tantamount to an attempt to perpetuate the illusion (therefore intentional deceit) that the development was still on track.
Many of us at Santa Maria Green Hills were in this situation and I have always claimed that this action was blatant and intentional fraud to deceive that there were no problems. The revoked building licence was obviously known to the developer and the issuing bank at the time the BG’s were given. >>
I raised this very question in my letter to the Governor of the Bank of Spain which accompanied the petition I organised and sent in February earlier this year.
How could three sets of lawyers – those acting for the bank, those acting for the developer and those acting for me – not take into account the fact that our development’s building licence had been revoked? There are only two possible answers. Either they were all totally inept or they were in collusion in order to defraud.
Needless to say, the BoS ignored the question and, in one very short paragraph, directed me and the petitioners to take up any matters we were unhappy about with the Bank from which we obtained our guarantee. End of.
Yes, Drakan, where are you? I would be very willing to join a protest and/or group action involving those of us in a similar situation if any lawyer would be prepared to advise and/or act for us.
I have always felt that a strong protest should be made directly to the President of the General Council of the Judiciary (Consejo General del Poder Judicial, CGPJ) who is also the President of the Supreme Court in Spain. I have never approached the Colegio de Abogados because, from reading the experiences of others, it seems a complete waste of time – which is why, I suggest, we should go to the top en masse and very publicly.
But that’s me!
July 31, 2009 at 11:47 am #93763
Fuly, agree with you.
July 31, 2009 at 3:26 pm #93765
I think you are right. Those at the top should be getting involved.
Our nightmare just gets worse. We have now been told we will have to come up with a four figure sum of money to join a creditor list, and for what? Those we are up against owe over £1 billion. What chance for ordinary non prefered creditors?
Once again I can barely believe we are being treated like this. Is there nobody in the justice system that will do right by us???
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