[Anonymous]

It is my understanding that a legal action can be taken in any member state against a business in another EU member state. I appreciate that the company or indivual may not have assets in the UK.

However large organisations that have offices in UK e.g. Fadesa had an office in UK, Lloyds Bank, Banco Sabadel, BBVA etc have offices in London.

Any Legal Eagles ???? can confirm this and perhaps qoute the EU directive etc.

[angie]

shakeel, you are right that anyone can take action against someone in another country, as presumably Spain are, and in Spain I believe, with MacAnthony who is based in the UK. I believe, UK assets can be sequestrated too in order to repay foreign debts to banks etc. Too often, Brits return home from Spain for example having left or bought property in the UK still in their own name rather than in family members’ names, and then wonder why they were caught out. Dumbos 😆

The clever ones mainly rich buggers though, tend to mitigate this by smart moves and swerves like the above, and, offshore havens.

Debts can also be sold on to Collectors in the UK to chase here and vice versa. Lawyers abroad also have contacts in the UK to chase debts etc.

[Anonymous]

Thanks. The question than arises as to why some of the people affected say in the case of a non peformance of a guarantee/pay out by Banks like BBVA, Sabadel who are in UK had not taken action in UK.

Companies like Fadesa and Aifos who had offices in UK weere not sued. I am aware that they may not have assets in UK & may be operating from a rented office premises etc. The only resolution in this case would have been to place those companies in Bankruptcy/Liquidation.

[angie]

In some cases shakeel those owed money just can’t be bothered to chase debts abroad, sometimes they don’t know the exact address of the person they’re after, sometimes they can’t prove assets owned, people change names by Deed Poll, put assets in family names, however, for substantial amounts, probably over 20k and certainly over 100k they would probably make an effort through debt collection agencies.

I knew of someone who hit his UK credit and debit cards, and UK mortgage to the tune of at least 150k sterling, he moved to Marbella and opened an illegal bookies for the ex pat community, and he never heard a word from those companies, so it shows what some can get away with, meanwhile those Companies were probably compensated by Insurance. 🙄

Many Brits in Spain have run away from: debts, crime, divorce etc in the UK, then move back after 6 year Statute of Limitation or 12 year Statute in the case of business fraud.

[Anonymous]

Thanks Angie.

[Anonymous]

Food for thought. Since I have been called all kinds of name under sun. Perhjaps I should put those names to good use !!!!!!!!!.

[logan]

The essential factor to be sure of when suing someone either cross boarder or in your own country is that the defendant has sufficient assets existing in his name and in the jurisdictional reach of the court. Otherwise it’s a waste of time and money.
Currently the simplest way to take action against someone cross boarder is to obtain a European Charging Order.
http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1073791108&type=RESOURCES
You will find in that link a leaflet explaining the procedure.
Many urbanisations in Spain are currently using this method to pursue property owners in other EU states who fail to pay community charges. It has so far proved very successful and on an urbanisation where I own property it has made a huge difference since it now encourages many to pay up on time.
Some good advice here:-
http://ec.europa.eu/civiljustice/enforce_judgement/enforce_judgement_eng_en.htm

[Anonymous]

@logan. The mediation link that you posted relates to claims with in UK only

http://www.businesslink.gov.uk/bdotg/ac … =RESOURCES

I need to bring a case against Lloyds Bank Espana. ( A small claim ) Their head office is in Madrid.

Can anyone give me some advise as what Court do I need to take the matter up i.e has the jurisdiction.

[Arthur Stuttard]

The appropriate jurisdiction would seem to be Spain as Lloyds Espana is a Spanish company. Why not start with the bank’s Defensor del Cliente and the national Defensor del Pueblo?

[Anonymous]

Thanks Arthur, Not read any post of your recently on tax matters. You must be waiting for on cases or appeal etc. I am aware of the alternative. The problem is.

a) Would, they do actually do any thing? As you are aware all these bodies in Spain are a waste of time,energy.
b) While I speak basic Spanish. The level required would be more than ordering a few beers in the bar.
c) Which one/defensor of the Pueblo to go to ?, should it be in the town/city where my bank account is or Lloyds bank head office ?

Many thankls

[Arthur Stuttard]

National Defensor. In my experience they do act. Cheaper to use an interpreter than for a day in court.
Tax matters still awaiting resolution, including action by Brussels.

[Anonymous]

Thanks, Arthur I await Brussels findings with trepidations.

[katy]

@shakeel wrote:

Thanks Arthur, Not read any post of your recently on tax matters. You must be waiting for on cases or appeal etc. I am aware of the alternative. The problem is.

a) Would, they do actually do any thing? As you are aware all these bodies in Spain are a waste of time,energy.
b) While I speak basic Spanish. The level required would be more than ordering a few beers in the bar.
c) Which one/defensor of the Pueblo to go to ?, should it be in the town/city where my bank account is or Lloyds bank head office ?Many thankls

Shakeel, there is only one defensor del pueblo for each province so yours would be the defensor andaluz.

[Anonymous]

Thanks Katy,

The Branch is an Andalusia but the head office is in Madrid ? So the question is where should I take the matter up.
Would you buy any chance have the address of the ” defensor” in Andalusia ?. I would not know where to start from.

Thanks

[katy]

Just for you Shakeel 😀

http://www.defensordelpuebloandaluz.es/informacion/queja

[Anonymous]

Thank you Katy, I am honoured.

[Anonymous]

Info for forum users. “defensor de pueblo” do not cover Banks.

[katy]

Try this

http://www.bde.es/clientebanca/quejas/entidades.htm

[Anonymous]

Thanks, Katy knowing how the Bank had dealt with issues. Bank guarantee comes to mind. I shall take up with them & keep the forum posted.

[Author]

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