July 21, 2009 at 7:02 am #55116
I’ve put this below on eos also. I thought i might as well warn as many as possible of how the system works…..or more to the point, often doesn’t!!
Well i’m almost lost for words this morning. Our very clear case of theft from a developer and UK agent reached court in mid April this year, after nearly seven years of being swindled, and justice is still not in sight!
The developer who’s in court constantly for doing the same to so many, owes millions and is obviously on the verge of going bust. Our chance of justice very much depends on the developer not going bust before being found guilty. Despite the judge being very aware of this, we have now heard he’s not made a decision and has now gone on holiday until september!!
So, it will take close on six months minimum just for the judge to make up his mind on a case that couldn’t be clearer, and depends on a very fragile company not going bust any day. Our lawyer says there is nothing we can do, we are in the hands of the judge.
What can you say?. If nothing else it confirms everything i’ve said in the past.
I’m so angry about this.
July 21, 2009 at 7:17 am #93542
Very sorry to read this.
I’ve been to court a few times over the years. My experience is that there is little or nothing to do with justice in the Spanish system.
July 21, 2009 at 7:32 am #93543
“You may get justice in the next world. In this we have only the law.”
July 21, 2009 at 8:02 am #93544
Hi Goodstich – I know how long you have been waiting for this to be over and can only imagine your anger and frustration with this judge.
However I have to say am not surprised and feel it is all part of intentional delaying tactics by the judge for ‘whatever reason’.
If you remember, Aifos were investigated a couple of years ago for bribing judges, as well as notaries, property registrars, and other administrators and civil servants.
One can’t help thinking this judge has honey sticking to his fingers.
We’re in the same boat delay-wise with another ongoing case of ours albeit not with Aifos, and it makes it not surprising that cases are stacking up for years when no decisions are being made like this.
Let’s hope the Summer recess clears and concentrates this judge’s brain and that you get a swift decision (and justice) in the Autumn.
July 21, 2009 at 8:42 am #93545
I think you might well be right about ‘honey’. Why on earth would this delay be so long without something like that? To add insult to injury, an offer was made by the developer, though in no way acceptable, but you would assume that an offer in itself would tell the judge something about admitting guilt?
July 21, 2009 at 8:52 am #93546
‘in the next world’…….perhaps? With my luck, i’ll turn up at the pearly gates only to find a Spaniard running the place after some dodgy deal with the man upstairs!!
July 21, 2009 at 9:22 am #93547
I know the feeling of being ripped of by the Spanish law system, if it can be called that.
We even won our first case, only to lose the appeal in a case that is 100% obviously a con on the Spanish side.
I feel for you and your frustration.
July 21, 2009 at 9:40 am #93548
Some friends of mine in Tenerife have just got a hearing in September for damages to be assessed in a case which effectively started in 1984 when their house (built in 1981) started to fall down. And then the builder will probably appeal as he always has in the past. At least the house has been rebuilt at his expense.
Echoes of Jarndyce v. Jarndyce in Bleak House!
July 21, 2009 at 10:36 am #93550
that is awful for you, but how many times have I heard similar cases?
I really feel that an acceptable justice system should be a minimum requirement for EU membership. We are expected to follow rules from the EU, but when poor justice is queried the standard answer is that we can’t interfere with another countries rules and reg’s. Heads they win, tails we lose!
July 21, 2009 at 11:22 am #93552
I’m affraid the EU only has a budget of 900 billion!!!
By the time they have spent a large part of that on standardising the shape of Bananas and imposing a universal style bus shelter on the 27 member states, there is little left-over for over-hauling the justice system!
July 21, 2009 at 11:37 am #93553
yes, that sounds about right.
July 21, 2009 at 10:03 pm #93570
About right 😀 agree Peter. Sorry Goodstich to hear your news . Its so frustrating and I know how angry one can get , our saga has been going on 6 years. Theres no justice. All I can say is one day, one day it will be payback time for them. ❗
July 22, 2009 at 12:05 am #93571
Sorry to hear about the on-going crap you are having to endure. I hope it all comes good for you asap; you deserve justice. Just don’t give up.
July 22, 2009 at 5:45 am #93572
no, I won’t give up. I feel we have to believe justice is possible, how ever long it takes? If we don’t fight against the cheats, liars, frauds etc, and the system that encourages them through corruption and hopeless regulation, then the bad guys will win, from agents through to judges.
I do feel though that untill the people of Spain and in Spain turn around, and say they have had enough, rather than ”there’s nothing we can do, this is Spain” and show they want to see change and recovery in their property/tourist industry, then we tread a lonely path in our fight for justice.
If Spain is content with the current decline by resisting change, then those cheated face a huge task as they are made to look like trouble makers or ‘anti’ Spain by those who find all the wrong doing somehow acceptable, because ”that’s the way it’s always been?”
July 22, 2009 at 11:47 am #93585
Wish you good luck Goodstich.
Your case sums up the whole stinking Spanish property business which a group of us keep trying to warn others about and then get lambasted here by those in the industry with a strong vested interest in perpertuating their scams.
Why the pathetic Spanish legal system should take so long and be so negligent as well as I suspect plain crooked as well, beggars belief.
The European Courts should get their acts together to challenge and heavily fine the Spanish Gov’t, and said Gov’t should clear out the property crooks and install punitive jail sentences, as well as seize assets of those involved too.
Does Spain know the meaning of the word ‘Regulation’?
Warning to anyone considering buying in Spain ‘Don’t’ unless you really have to, even your legal papers may tun out to be illegal, their system is crooked from the top down.
July 22, 2009 at 1:18 pm #93586
thanks, and as you say, there is no excuse for our lack of justice, as is the case for so many. Is it any wonder the system is a corrupt mess, if this how you get treated by those who are supposed to be setting examples in passing judgement?? Action should indeed be taken against the Spanish government, they show little sign of cleaning up their act themselves. The irony to me is that action to force change would more than likely benifit Spain’s property/tourist industry and its people, probably as much if not more than any of us cheated?, and I think most of us want to see Spain in a better position, but like most things common sense, I fear that point would and has fallen on deaf ears in Spain.
August 3, 2009 at 4:03 pm #93778
It is very hard to be positive when you meet corruption every step of the way. In the event of even getting into court you would then at least expect justice.The judge should act and sentence quickly…. sadly that is not the case especially if the judge has in the past or still is in receipt of favours from them.This is why they keep putting off passing a decision as they are just playing a game.
Keep up your spirits Goodstitch our thoughts and prayers are with you!
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