Tag archives for Equity Release Spain

BREAKING NEWS: the BILBAO APPEAL COURT UPHOLDS THE ILLEGALITY OF THE SLM MORTGAGES

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Audiencia de BizkaiaBREAKING NEWS

The Court of Appeal in Bilbao has dismissed totally the appeal launched by the SLM (Surrenda Link Mortgage) Madrid-based lawyers and upheld the first ruling of the Court of First Instance 11 in Bilbao.

SLM’s choices are to accept the ruling and not interfere in the cancellation of the mortgage loans or explore filing an exceptional appeal with the Supreme Court, a route only accepted in very specific cases.

More to follow in the next post.

Founder Member and President of ERVA celebrates Court victory over DANSKE BANK LUXEMBOURG S.A.

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Image result for euan armstrong erva

Euan Armstrong, member founder and current President of ERVA, has managed to persuade a Court in Coin to dismiss loan foreclosure proceedings brought by Danske Bank International S.A. in 2010.

The victim of vicious luxembourg-based Danske Bank has fought relentlessly during 7 years to stop the lender from taking his home, after having been cheated by the bank’s staff -at one time based in Fuengirola- who sold him an Equity Release loan named as “Capital Assurance”.

In spite of being unsuccessful in 2 criminal actions, one directed to the bank’s representatives for aggravated fraud and a further one against a Coin-based Judge for negligence, the Superior Court of Justice in Granada -when dismissing the latter complaint against the Judge- deemed that Mr. Armstrong was nevertheless right in denouncing irregularities in the proceedings and observed that a fresh review of the case was necessary.

Finally, a newly-appointed Judge in Coin decided that Danske Bank’s position was untenable and threw the case out.

This ruling can be appealed (est. time 1.5 years to resolve) but it is unlikely it will be upheld.

Meanwhile, Euan is bringing new proceedings against Danske Bank International S.A. to nullify the Equity Release product and invalidate the mortgage loan.

SLM Decision Still not Official

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Having the Appeal Court notified the parties that by the end of June they would have resolved the appeal to the Equity Release “Bilbao case” ruling, it is almost October and there is no official notification.

This is not unusual and should not be interpreted in any particular sense.

We eagerly and optimistically await the decision from the Court.

Pretrial hearing vs. Rothschild held in Malaga

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PalacioJusticiaClaimants in the equity release CreditSelect 4-Series loan case against N.M. Rothschild & Sons and their respective lawyers held a case management hearing, or pre-trial hearing, at the Mercantile Courts in Malaga.

The hearing lasted for a about 1 hour, inclusive of a short recess demanded by the Judge to consult case law on a specific point of law.

The purpose of this meeting was to narrow the issues involved in the case, set deadlines for providing clarification documents, conducting discovery and listing the witnesses who will be attending the hearing.

Rothschild lawyers unsuccessfully attempted to adjourn the hearing on grounds that one of the claimants had passed away, a petition outright rejected by the Judge. They also tried to file the following objections:

  1. Wrong identification of the companies offering the advertising and the mortgage loans, which they claim are different (Rothschild Bank International and NM Rothschild & Sons Ltd.) The court rejected this as being a matter to be decided on passing judgement, given that she had read the merits of the case and she did not in principle agree with Rothschild’s lawyers.
  2. Claim filed out of time, which they claim had had to be filed at the very latest in 2010. This was also swiftly not attended by the Court on grounds that it would be dealt with on passing judgement.

On the part of the claimants, lawyers submitted a list of proposed witnesses for the hearing that were all accepted, inclusive of the Baron David Rothschild.

On the whole, the prevalent feeling was the Judge was sympathetic to the claimant’s arguments which is positive.

The negative note relates to the date of the trial which lawyers for claimants find totally shocking yet, unfortunately, cannot be altered: 12th of November 2019.

Claimants not part of this case are not bound by this incredibly protracted timeline and are able to file legal separate actions for miselling/misrepresentation in the -hopefully- quicker Courts of First Instance.

On a different note, a crew from France2 television were present at the event and interviewed some of the victims. They were unsuccessful in getting any responses from Rothschild’s unfriendly lawyers who do not forgive the audacious ‘ambush’ on Mr. Steve Dewsnip who, in spite of being sought after a Criminal Court in Denia, had managed to stay ‘at large’ for years, even travelling freely to Spain to assist Rothschild in their cases against victims.

 

 

Elusive Steve Dewsnip now formally indicted by Denia Court

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Ever since Mr. Dewsnip turned up at a Marbella Court -15 days ago- to help his former company bash equity release pensioners seeking justice, his fortunes have been reversed. Tipped by lawyers acting for ERVA, the Marbella Judge ordered Mr. Dewsnip -who had been issued with a search warrant- to provide an address in Guernsey for notifications and further remitted the findings to the Denia Court.

The Judge presiding over this case in Denia has lost no time and ordered claimants’ solicitors to submit a list of questions that he will have to respond at the appropriate Guernsey Court. This deposition will be made via “letter rogatory”, as with Baron David de Rothschild.

Marbella Court orders Stephen Dewsnip to give an address for summons

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Steve Dewsnip has been formally ordered by the Marbella Courts to provide an address for summons, as petitioned by a Denia Court via a Search Warrant.

Mr. Dewsnip, who is ‘disappeared’ for the Denia Court where proceedings are currently underway against himself, Baron David de Rothschild and Mark Coutanche, is nonetheless alive and contactable when required to turn up in Marbella to testify tin favour of his old bosses, N.M. Rothschild & Sons, on other cases brought against the latter company.

As it happens, lawyers acting for ERVA turned up at the Marbella Court and requested the Guardia Civil, whom were handed  the document that is currently visible on this site, to warn the Judge -presiding over a case brought by victims of Rothschild- that Mr. Dewsnip was listed as a witness for the Guernsey-based bank.

So what exactly happened later is uncertain, as ERVA lawyers were not present, but it appears that when Mr. Dewsnip went in to the Court the Judge asked him not to leave straight after finishing his deposition as he had to be notified of a summons from a criminal Court.

Rothschild lawyers were needless to say outraged and were looking for those to blame for what they deemed underhand and disloyal tactics.

Meanwhile, we are eagerly waiting for news on Mr. Rothschild interrogation at the appropriate French Courts.

Rothschild case: Denia Court sends letter rogatory to Paris

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Denia Court  1 has now received the translations from the Benidorm Translation Services Office and ordered a letter rogatory to be sent to the Paris appropriate judicial office. The letter of request obviously includes a petition that Baron David de Rothschild answers the questions submitted by the various lawyers.

The Court decision can be said to be an official judicial decision to formally interrogate Mr. Rothschild in the Court of his domicile.

Rothschild Criminal Case: Denia Court Urges Benidorm Translation Services

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Denia Court number 1 has issued a note urging the Benidorm Translation Services (Servicio de Traducciones de Benidorm) to speed up the international rogatory letter translation, into French.

At the same time, the State Prosecutor has requested from the  Court that investigation proceedings are declared as “complex”, a description that give the Courts -under recently approved procedural regulations- 18 months to conclude the investigation and either drop charges or, where the evidence is sufficient, proceed with trial stage.

Rothschild Denies Responsibility Over Equity Release

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Claire Whittet

Attempts by MP Huw Irranca-Davies to seek a plausible explanation as to the purpose of the Credit Select tax-evasion facility, and the effects it has had on purchasers of this mortgage/financial scheme, has been met with indifference by an ubiquitous Claire Whittet, from Rothschild. The below email was sent to ERVA from the office of MP Huw Irranca-Davies, together with Rothschild`s formal answer:

Further to a recent meeting between representatives of Rothschild and Huw Irranca-Davies MP, the following letter was received. (attached)

Rothschild have agreed that this can be publicly circulated, so I have posted this on the ERVA site and Huw hopes it may be useful.(hopefully tomorrow/Friday)

Huw Irranca-Davies reiterates that he cannot – for reasons of parliamentary protocol and resources – enter into individual correspondence with individuals other than his own constituents. Where individuals have a direct or clear familial link with a UK parliamentary constituency you may want to approach the relevant Member of Parliament for that constituency. Huw is happy to discuss the issues with any other M.P’s and to collaborate where appropriate.

Rothschild Case: Málaga Court Formally Orders Service of Process

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The Malaga Mercantile Court 1 Bis, with date of the 7th of May (received by actign lawyers on the 5th June) has formally accepted the claim, its jurisdiction on the matter and service of process on the Spanish addresses provided for N.M. Rothschild & Sons.

Defendant Rothschild could do one of the following now:

  • Accept service of process, appoint lawyers and defend the claim.
  • Attempt to refuse service of process in any of their 2 addresses in Spain (Madrid and Barcelona), demanding the Court to service in their Guernsey offices.
The Courts can then do one of the following:
  • Where service of papers is accepted, the 20 days period will start counting.
  • If they refuse and request that the Particular of the claim are notified in Guernsey, the Court may reject their allegations (most probably) and note their refusal to accept and acknowledge service, continuing the case by default. Alaternatively, the may accept the defendant’s allegations and decide to serve in Guernsey (unlikely).
It is possible that Rothschild will do anything in their hand to delay, obstruct, confuse, protract and hinder the efforts of their victims in exposing their Credit Select Series 4 mortgage loan deceiptful advertising, all the while arguing that, whatever was published on the tax benefits of their product it was “for guidance only”, and not be “relied upon”.
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