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José M.
José M., Attorney
Category: General
Satisfied Customers: 4768
Experience:  Spanish Attorney
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How do I start a legal case against my Spanish bank personally.

Resolved Question:

How do I start a legal case against my Spanish bank personally. I do not have the money to employ a lawyer but am determined to take the case to court personally with a translator. I will have time to learn the protocols of the Spanish courts before it gets to court. I am certain of my legal case.
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.

Attorney3044 :

Hi

Attorney3044 :

I am an spanish attorney

Customer:

Hi,

Customer:

I did not realise that this would be so quick I am due out in 10 minutes but I am trying to find out how to take my Spanish bank to court without a Spanish lawyer which I can't afford. I am convinced of my lehal case, I will take a translator, and will learn in time to go to court the legal protocols of the court.

Attorney3044 :

The problem is a debt with they?

Attorney3044 :

How much its the debt?

Attorney3044 :

You have free ways to fight against them

Attorney3044 :

Banco de España give you the chance to put a claim

Attorney3044 :

For debts under 2000 euros you could demand in court without a lawyer

Customer:

It is with regards XXXXX XXXXX agreement not covered by the esctritura. Iam claiming a continuation of interest only for a further period of 3 .t yyears until my retirement. I was promised that this would be done after my official 5 year agreement ran out. the bank is refusing to honour the verbal agreement that I can prove. I want to take it to court could you please give me the process this owuld involve. I accept the information about bank of Spain which I am aware of. I unfrotunately will be going out now can I continue with this later or is it possible to give me the process of taking my cas eto court personally this involves a property worth in a reasonable market 300,000 euros with a mortgage of 165,000 I have lost my job and need for the bank to honour the verbal agreemnent.

Attorney3044 :

I am sorry to say that you can no manage the case by your self

Attorney3044 :

There is not chance

Attorney3044 :

And with the help of an attorney its going to be extremaly difficult

Attorney3044 :

There had been a lot of scam like yours

Attorney3044 :

but if you have no written probes, you have no chance

Attorney3044 :

I am very sorry to have to write this way

Attorney3044 :

believe me, I am sorry, but we recibed weekly customers in the same situattion

Attorney3044 :

If you have no written probes you have no case

Attorney3044 :

Bankers in spain has scamed a lort of people

Attorney3044 :

They promised a lot of things that they are not making real

Attorney3044 :

They have scamed you, and a lot of people here

Attorney3044 :

But in court you need probes

Attorney3044 :

I have not idea what more I could tell you, if you have not probes, you can do anything

Attorney3044 :

I have to be honest, and tell you the truth, even when it is so bad for you

Attorney3044 :

Do not spend money in attorneys, if you can not probe the facts

Attorney3044 :

I will be here if you need more information

Attorney3044 :

Thank you

Expert:  José M. replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Customer: replied 1 year ago.
1. I have a recorded conversation of the offer from the bank.
2. The bank has admitted also in a recorded conversation that could have given me the extension for one year then a subsequent year 5 years ago but not now.
3. An estate agent can verify that they could make this offer then.
4. I have a provable offer but need to take it to court myself. In the UK this is possible as long as I know the legal procedures of the court. I will learn those procedures.

In Spain a verbal agreement is binding if provable is it not?

The bank cannot change conditions retrospectively is this correct?

They are legally responsible for damage to my mental health if I can prove this, is this correct?

Do they have a legal duty to reply to my complaints?

What effect will a Hoja de Reclamaciones have?


Expert:  José M. replied 1 year ago.

The complaint sheet does not good for you in your case

Whith the probes you have you have some options to win in court

But you need to contract an spanish attorney

You can not manage without an attorney

Customer: replied 1 year ago.

Unfortunately you have not been able to give me the information that I need.


 


I can't afford an attorney. If you were advising your father and ouild not act on his behalf how would you advise him to take it to court if he or you could not afford an Attorney?

Expert:  José M. replied 1 year ago.

Ok sorry for that

Customer: replied 1 year ago.

I there no way of taking it to court without an Attorney?

Expert:  José M. replied 1 year ago.

In your case no, you need an attorney by law

Customer: replied 1 year ago.

So the banks can do what they want. which is evident from th way they are dealing with me. Is there any point in going to the European commission?

Expert:  José M. replied 1 year ago.

Its how the sistem works, when you have a problem with they you need an attorney

The next step its the Banco de España.

In European comission you also need an attorey buy it has to be againts the spanish sistem, not against the bank

Customer: replied 1 year ago.

You are an Attorney. So far you have not been able to give me any hope. Can you give me a quotation in English and Spanish what you feel about the way the Spanish banks have scammed their customers.


I will use this quotation in future correspondence with the bank and the European commission. Your willingness to answer this honestly will make a big difference in how I feel about your help.


Thank you for the assistance you have so far tried to give me. Unfortunately have not found out anything new but I hope you may be able to give me a quote that will be of benefit.


Regards


Richard


 

Expert:  José M. replied 1 year ago.

Well Sir,

I am an spanish attorney and I have to say that I have no idea how the banks has make what they have done

300 people lost his homes in Spain since 4 years to now

10 per cent of mortages since 2008 up to now has been unpaid

Goberment is given money to the banks, but people is homeless and hopeless

You ask me for a quote

I am on going to give you one

The bank who is taken me off my home gets public money from the goberment, who is given me more taxes. The bank is using my taxes to putting me off my home

El banco que me deshaucia toma el dinero del gobierno para deshauciarme

The sistem is broken.

 

PD Today, and its no new, one person has killed herself when the judge has send somebody to take her out of her home in Bilbao

Homeless and hopeless

Customer: replied 1 year ago.

Thanks for that quote Jose.


Can you give me it all in Spanish and I will include it in my next letter to the bank if that is ok. I am going to fight this system. The banks deliberately create the boom and bust in order to transfer the wealth from the people to the banking system. Money is created out of thin air and then we pay taxes on the loan that they have created out of thin air. The loan is not owned by the government but is owned by the central banks who are not owned by the government but a select group of people worldwide. The banks gamble in the derivative markets is they win they keep the spoils, if they lose we pick up the bill through taxes. All personal and governmental debt needs to be forgiven internationally with a bonus for the savers. All the currencies of the world are going to collapse but the losers are going to be the ordinary people not bankers. They will start again with there age old scams.

Expert:  José M. replied 1 year ago.

As I am writting I am watching on TV the judge in Bilbao almost crying and asking for a change in law who stop this cracy situation

You have a lot of information about it on the web

Look this new, even the church, priest, are asking for it

Has to change morals and law

http://www.religionenlibertad.com/articulo.asp?idarticulo=25819

There are associations working to change the sistem

http://afectadosporlahipoteca.wordpress.com/

You will find a lot of information there to send the bank

Thank you

José M., Attorney
Category: Spain Law
Satisfied Customers: 4768
Experience: Spanish Attorney
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