Archives for Legal Action

Rothschild Contests Misleading Advertising Claim

18th November 2014 by admin under Legal Action     

Rothschild

Update from the Malaga Courts: Rothschild finally submits defendant’s writ to the claim brought by victims of the tax-evading CreditSelect Loan.

The allegations contained therein could hardly be more implausible:

  1. That NM Rothschild & Sons has no relationship whatsoever with the advertising, only attributable to RBI (Rothschild Bank International). Now if we click on the above logo, it takes us a firm whose corporate website happens to be hosted by NM Rothschild website.
  2. That both are two distinct companies that do share the same name but are, nevertheless, separate entities, strange coincidence we’d say…
  3. That NM Rothschild & Sons intervention was that of being a ‘mere’ lender and consequently, is not responsible for the advertising promoted by RBI and as a result, cannot be sued (NM Rothschild tries to dissociate itself from RBI only to admit that the product was promoted by RBI and granted  by NM Rothschild…can anyone make sense of this?).
  4. That the equity release product was created by Hamiltons Financial Services and Henry Woods Investment Management, and not NM Rothschild who, they insist, was a mere innocent lender.
  5. That the advertising fby RBI was backed by Uría & Menéndez, top Spanish law firm who in 2004, drafted a comprehensive tax report and has to therefore be deemed bona fide.
  6. That Mr. Nott’s affidavit is biased and consequently, untrue (showing great concern too in respect to Mr. Nott’s comment that Rothschild did provide financial advice).
  7. That whatever the advertising was- never mind the Spanish Tax Office- it was all true because a Uria & Menendez sanctioned it (aside from conveniently manipulating the report to avert responsibility).
  8. That the clients could not prove that they’d read the advertising! This very shameful allegation should embarass any person, let alone a 300-year old lender. As it happens, the laws are able to cope with even the most devious operators, such as Rothschild: read the term “Probatio Diabolica“.

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Premier Group (Isle of Man) Limited and SLM Group To Face Legal Action in Bilbao

23rd October 2014 by admin under Legal Action     


Premier Group Limited, operating out of the Isle of Man, and SL Mortgage Funding Nº1 Limited, originating from Chester, have had legal proceedings against them accepted by Courts in Bilbao.

A group of claimants, represented by lawyers acting for ERVA, filed a civil complaint against the aboved named companies for selling tax defrauding schemes, worth a grand total of €7.5 million, through misrepresentation and deceipt.

The scheme, also known as SITIRS (Spanish Income Transfer and Inheritance Reduction Scheme), was the brainchild of Premier’s Sales Manager for Spain Charles Walton. Unfortunately for his former employers, Walton was busier cheating people than ensuring that his boss complied with the Spanish regulators, a kind of essential job he forgot about completely.

The Isle of Man Financial Supervision Commission, via the likes of Bobby Keig, Michael Weldon and Hazel Gawne, by repeatedly ignoring letters and emails from consumers cheated by this company, has given their implicit blessing to the now infamous clandestine activities of Premier Group, in Spain.

As for the appointed lenders, SLM, they were party to the scheme and derived an undisclosed profit for teaming up with Premier; they now face having their mortgages rendered null and void.

SLM (1) (1) (link to Court documents)

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Baron David de Rothschild to Appear in Court

18th October 2014 by admin under Legal Action     

DENIA COURT ORDERS SPANISH POLICE TO CONFIRM ADDRESS FOR HIS SUMMONS

The writ dated 14th of October 2014 -received by lawyers acting for a Rothschild victim yesterday- has ordered the following:

  1. Reopening of the criminal investigation (preliminary inquiries) that was provisionally set aside (the latter status was not made aware to us as we had thought it was ‘alive’; as it happens, it makes little difference from a practical point of view).
  2. Informing the Spanish Prosecutor of the Court’s decision.
  3. Ordering the claimants’ counsel to submit a criminal complaint, making it extensive to Baron David de Rothschild (the POA did not include him as he was initially not listed as a potential defendant) with a view to “guarantee his right to a legal defense”.
  4. Ordering the Police Forces in Madrid and Barcelona to verify whether Rothschild’s addresses in those cities are suitable for summoning Baron David de Rothschild and Stephen Dewsnip, with a view to being interrogated following an official indictment.

It remains to be seen how will the bank tackle this setback; so far, the Rothschild camp have stood firmly by their IHT mitigation CreditSelect loan product, deriding clients’ claims and being dismissive of the authority and capacity of Spanish Courts. 

BaronDavidDeRothschildSummons

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BBVA found guilty of misleading publicity

11th September 2014 by admin under Legal Action     

Second-largest Spanish bank, BBVA, in what has been described as a landmark ruling, has been found guilty of misleading advertising when offering customers foreclosed properties through printed publicity material.

The specific illegality refers to inserting a disclaimer at the bottom of the ads where it read as follows:

The information contained in this publicity is not of a contractual nature as it merely has informative purposes, being the promoter able to freely modify the characteristics of the offer at any time.

According to the Mercantile Court Number 2 in Madrid, this advertising is illegal and has to be removed.

Also, the bank will have to post rectifying publicity in all BBVA branch windows throughout the country.

Source: http://www.ausbanc.com/web/Condena_ejemplar_a_BBVA_por_engañar_a_los_consumid_2014911113339.asp

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Second Spanish Law Firm Confirms Lex Life Misled the Public

9th September 2014 by admin under Legal Action     

logo Altraplan

Cuatrecasas, Goncalves Pereira law firm, second by turnover in Spain, has confirmed to lawyers acting for Landsbanki victims that Lex Life and Pensions SA used their name illegally when promoting the Lex Life Capital Assurance in Spain.

According to the deceptive publicity of the ignominious Luxembourg-based company, the named firm had been involved in preparing the sham Equity Release product.

This is the paragraph in question:

Our product, Lex Life Capital Assurance-Spain, has been developed in cooporation (sic) with the law firm CUATRECASAS (www.cuatrecasas.com), “Best Spanish Firm of the Year 2005, International Law Office”.

The advertising also attributed this product the following advantages:

Spanish IHT has a ceiling of 34%, but depending on personal circumstances, the amount can go up by 2.4 times.

The Lex Life Capital Assurance-Spain is an excellent, tax compliant way of mitigating tax exposure and safeguarding inheritance tax.

Cuatrecasas strongly denies any involvement with the above and has confirmed to lawyers acting for the victims that they are considering legal action against the company, or their successors.

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Law Firm Requests Baron David De Rothschild Summon

3rd September 2014 by admin under Legal Action     

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.

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List of Owners With A Tax Defrauding Nordea Equity Release ‘Managed Capital Plan’ Contract

27th August 2014 by admin under Legal Action     

Nordea Bank S.A.’s Marbella Representation Office has been busy ‘transferring’ millions of Euros worth of Spanish property to Luxembourg, a tax haven in the heart of Europe. The scheme, know as the ‘Managed Capital Plan’, consists in a ordinary mortgage loan offered by Nordea on their unencumbered homes and the investment of the loan in Luxembourg.

Now, for the first time, those millions of Euros worth of tax evading mortgage loans (according to the Spanish Tax Office) have an owner. 

ERVA has had access to a list of property owners in the Marbella area who bought into the Nordea’s scheme. The list was provided to ERVA from a confidential source and has been compiled by accessing Marbella public land registries.

The list includes Marbella property owners who bought into the scheme, for how much and when. It also establishes the date when the property was bought, as opposed to when the loan was taken. One notable client of Nordea is the current Mayor of Marbella, María Ángeles Muñoz, who alogside her husband took out a loan against their company Crasel Panorámica S.L. The disclosure of the information became a regional scandal.

By publishing this list, ERVA does not attribute the commission of a crime or a civil wrong to any of the people and companies, but does wish to issue a warning:

The Spanish Tax Authorities have stated that using mortgage loans, not invested in the purchase of property, for the purpose of reducing the taxable value of the property with respect to Inheritance Tax and Wealth Tax, as Nordea’s Managed Capital Plan formula promised, is Tax Fraud.

List of Owners, Properties, Date of Purchase of Property and Date of Mortgage Loan.

Important Note: The Spanish Data Protection Agency, in a ruling of the 20/12/2006, has stated that the publication of data obtained from Land Registry sources in a TV programme is legally valid and protected by article 20 of the Spanish Constitution and the Mortgage Act.

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Stephen Dewsnip and Mark Coutanche Avoid Denia Court

21st August 2014 by admin under Legal Action     

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.

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Marbella Courts Accept Criminal Complaint Filed Against Nordea Bank

5th August 2014 by admin under Legal Action     

 

Marbella Courts have accepted a claim against Nordea Bank S.A., and former Danish Army Sergeant turned Managing Director, Claus Jorgensen, for misleading publicity and swindle.

The claim comes as a result of new revelations that would prove that Nordea Bank S.A. ran a tax-evasion scheme in Spain, targeting hundreds of owners of unencumbered homes,  whereby a fictitious loan would be officially registered with the main purpose, according to a letter signed by Mr. Jorgensen himself and addressed to the CSSF (Luxembourg regulator), of reducing the value of the property for Inheritance Tax purposes. The loan was then invested in a Nordea-backed “Bancassurance” product, capable of protecting and safeguarding your wealth in order to secure an optimal financial existence for you and your family.

According to Nordea’s advertising, the safety of the product was almost guaranteed when admitting that “it is improbable that the Spanish Tax Office will come knocking on your door…”.

Caught with their pants down, Nordea’s alibi now is not unfamiliar: “it’s not what you think, we just gave general tax advice but you were urged to seek your own private advisors…”.

One has serious doubts about the sanity of the people running this bank: they first issue a booklet called “Guide to Wealth and Tax Planning in Spain”, they then state that it was “merely general advice not amounting to tax advice and certainly not to be relied upon” and finally, they withdraw the booklet from internet 15 days before a pre-trial hearing that was specifically targeting the advertising of the booklet.

Mr. Jorgensen, aware or not that this constituted tax fraud, would have been responsible for loan sign-ups totalling 45 million Euros, only in the Malaga province.

If this degree of moral corruption is surely intolerable in the Danish Army, why would it be acceptable for a bank? Claus, did you not learn anything in the Army?

 

Letter to Regulator: http://erva.es/wp-content/uploads/2014/02/NordeaLetter28July2010.pdf

Nordea Tax Booklet: http://belegal.com/equity-release/files/2011/11/Nordea-Brochure.pdf

Letter from Spanish Tax Office: http://erva.es/wp-content/uploads/2013/06/2013-05-27-Tax-Office-On-Equity-Release-Binding-Enquiry.pdf

Bancassurance Product: http://www.nordea.lu/Home/Individual%2bapproach/978032.html

 

 

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Same Man Behind Jyske and Landsbanki Equity Release

22nd July 2014 by admin under Legal Action     

The man of the picture is unique in that he has sold Equity Release for not one, but two banks!

His first post was with Landsbanki Marbella wherefrom his scaremongering tactics bought immense success to his company.

When the s**t was about to hit the fan, he jumped ship and found cover in Gibraltar, working for a no less amoral company: Jyske Bank.

Although years have passed since this young-ish looking gallant banker posed for the defunct magazine, you may still be able to guess who he is within this list.

Have a guess!

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