Tag archives for Stephen Dewsnip

Law Firm Requests Baron David De Rothschild Summon

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EXCLUSIVE: Marbella law firm demand summons for Baron David de Rothschild over expat action

The Olive Press newspaper has published that a law firm acting for equity release victims has demanded that Baron David de Rothschild appears in Court.

Mr. Rothschild, former Chairman of N.M. Rothschild & Sons, is considered to be the ultimate responsible person of allowing the bank’s advertising to be published in this country.

The referred literature includes an open invitation to register a Spanish property with a mortgage loan to, according to Rothschild, reduce Spanish Inheritance Tax.

Article 282 of the Spanish Criminal Code establishes the following:

Manufacturers or traders who make false claims or declare untrue features in their offers or publicity of products or services, so as to cause serious, manifest harm to consumers, without prejudice to the relevant punishment for having committed other felonies, shall be punished with a sentence of imprisonment of six months to one year or fine from twelve to twenty- four months.

The petition for formal indictement and summons has been filed through the Denia Courts, currently investigating a fraud claim institigated in 2011 by Fuengirola firm IURA.

Stephen Dewsnip and Mark Coutanch, both named and charged in the above criminal proceedings, have failed to attend a hearing and as a result, have been issued with 2 warrants.

Rothschild has been eagerly avoiding being linked to fraudulent lending and has denied liability.

Stephen Dewsnip and Mark Coutanche Avoid Denia Court

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Stephen Dewsnip and Mark Coutanche, once at the forefront of N.M. Rothschild & Sons in Guernsey, were responsible for selling over 100 tax-evading schemes to mostly British pensioners.

Alerted by the scam, and not the least the loss of their investments, victims of the Credit Select Series sham product filed a criminal complaint in Denia in 2011.

Shortly after, Stephen Dewsnip and Mark Coutanche were requested to attend the Courts; they were to be interrogated by lawyers representing the claimants, the State Prosecutor and the Judge.

What did they do? Avoid receiving service at all costs, even after knowing they were being sought in connection to the Rothschild Equity Release fraud.

3 weeks ago, Stephen Dewsnip attended a hearing in Marbella Courts, as a witness proposed by N.M. Rothschild & Sons in case relating to a civil action brought by a victim. Mr. Dewsnip was very accomodating and happy to assist on this ocassion and help his former employer.

But, as it happens, the Denia Courts are still in the search for an address where Mr. Dewsnip, and his pal Coutanche, can be properly summoned. 

So far, the ‘missing individuals’ have been issued with two “Address and Whereabouts Search Warrants”, failing to turn up.

The above orders could be soon replaced by the more annoying “Arrest Warrant” which, as one knows, implies spending time in the nick  if and when identified.

Rothschild Directors Sought by Denia Court

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Mark Coutanche and Stephen Dewsnip have been requested to turn up at the Denia Court to be notified of criminal charges being bought against them.

The General Directorate of Police and the Guardia Civil in Madrid have been issued “with Code 1” requests (current address and/or whereabout search warrant) so that they can be notified of ongoing criminal proceedings in Spain.

According to the warrant, the last known address was Paseo de la Castella N 35, 3rd floor, in Madrid, an address that coincides with that of their Madrid offices; it appears that an attempt to deliver a copy of the summons bore no fruits.

The warrant was issued on the 26th November 2013 and ends on the 26th November 2018.

Making service of process difficult has become a useful tool for any lawyer acting for Equity Release banks and NM Rothschild & Sons, a bank known for redifining the meaning of the term “double-standards”, is not going to miss an opportunity to make the lives of their clients-turned-victims a tad more miserable.

N.M. Rothschild & Sons is accused of selling mortgages to Spanish-based pensioners as a tool to defraud the Spanish Tax Office, albeit as a legal product, alongside deliberately concealing crucial data that would prove that their Equity Release product was impractical, from an investment point of view.

“ROTHSCHILD PRESENTS a TAILOR-MADE PRODUCT TO SUIT YOUR NEEDS” goes to COURT

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Below is an informative letter sent to Rothschild potential claimants.

 

Dear Sir/Madam,

 

 

We hope this email finds you well.

 

 

The purpose of this email is to confirm that we will be lodging our claim against N.M. ROTHSCHILD & SONS for misleading and illicit advertising with the Courts in Malaga (Juzgados de lo Mercantil) next Friday 7th of June 2013.

 

 

We have experienced some delays due to not having documentary evidence which we consider to be relevant, as well as an unexpected Court filing fee that came into force shortly after our decision to file which meant that the case would have cost an additional 15k Euros to proceed with.

 

 

However, we can now confirm that we are now in a position to proceed as we have gathered a compelling amount of misleading advertising that constitutes the backbone of the case that is being filed with the Courts (to be posted at the ERVA -www.erva.es site over the weekend).

 

 

The referred to advertising was produced by Rothschild and also, by the IFA companies that were selected by Rothschild to sell the product. This advertising is false, untrue and encourages tax evasion by suggesting that Spanish Inheritance Taxes are so onerous that is nothing is done, inheritors of Spanish unencumbered property owners would be prevented from inheriting and the property would be lost to the Spanish State.

 

 

Other fallacious arguments include stating that the Rothschild mortgage is different from a normal mortgage, that the clients “…will not be exposed to unnecessary risks”, that the product “…is designed in such a way that it will potentially produce enough income to service the loan and also, leave a bit of money for the borrower”, that it is a “…responsible product” or “…similar to the Spanish reverse mortgage”, that Rothschild had “…restricted the availability of this product to handful of selected intermediaries” (Hamiltons and Henry Woods), that a “…Mrs. Smith (fictitious person) would have discovered following the death of her husband, to her horror, that IHT in Spain could reach 81.60% in Spain” (when the maximum liability of a spouse is limited to just over 34%) and many more.

 

 

Similarly, deliberate omission of the risks involved in the product are considered to be misleading and therefore, illicit. As an example, Rothschild deliberately concealed the consequence of the very obvious and unavoidable scenario where the investment does not cover the cost of the loan: you lose your home.

 

 

The writ includes several petitions to the Courts: that the advertising is declared illicit, that Rothschild runs at least 4 ads on the Essential Magazine rectifying the misleading publicity (at their cost) and that all contracts signed as a result of such publicity are set aside, restoring customers to their original position prior to signing of the Credit Select mortgage loan, insofar as is practicable.

 

 

Finally, we would like to stress that some IFAs are currently advising against going to Court and are recommending what is called as a “Standstill Agreement”. We would like to advise that such document is a legally useless agreement that does not deal with the fraudulent nature of the CreditSelect loan and is designed to buy time for Rothschild, who prefer to deal with the less belligerent children of their victims as they pass away. In other words, it is a cynical money-making ruse designed at the expense of perpetuating the suffering that N.M. Rothschild & Sons is inflicting on innocent property owners.

 

 

If you have not yet joined this case and you wish to, kindly reply to this email so that we can provide you with the necessary instructions.

 

 

With best regards

Sincerely

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