"There
are obligations imposed by LEY 57/1968 on financial institutions -
some banks have not acted with diligence"
Source: Banco de España Memoria
del Servicio de Reclamaciones 2008 & El Pais Newspaper - August 2008 "New
solutions tailored to the present-day problems must be sought"
"Good supervisors should not limit themselves to analysing the
present, but should also anticipate possible scenarios
of non-viability that might arise in the future and attempt to
reduce problems to a minimum before they emerge" Source: Miguel Ángel
Fernández Ordóñez - Governor of Banco de España - Speech at
Fundación de Estudios Financieros, Madrid, 1 December 2011
“Come here calmly, and trust in the system that we have and the
transparency we provide” Excelentísimo Señora
Beatriz Corredor Sierra - Ex-Spanish Housing Minister - February 2011
“Spain's voice must be respected again in Brussels and
Frankfurt. We will stop being part of the problem
and will be part of the solution"
November 2011 "You have
before you a President of the Government who will face up to issues
and not hide himself away"
Interview EFE Agency January
2012 Excelentísimo Señor Mariano Rajoy Brey -
Presidente del Gobierno de España - November 2011
Ex-Spanish Prime
Minister Mr José Luis Rodríguez Zapatero said in
THE EU PARLIAMENT ON 6 JULY 2010:
"My country is based on the rule of law and it respects and ensures
that
laws are respected. The courts are responsible for the
application of law.
We stand shoulder to shoulder with those
people who, maybe, have had the
wool pulled over their eyes in the
property sector"
This Petition is
for all purchasers of Spanish Off-Plan Property who are
currently suffering
or have suffered ANY type of Bank Guarantee abuse.
THIS PETITION WILL
BE CLOSING DURING 2012. THE DATA/EVIDENCE WILL THEN BE
COLLATED
AND SUBMITTED WITH THE PETITION TEXT TO THOSE TO WHOM IT IS
ADDRESSED.
The Bank Guarantees Website is a
free voluntary service providing information regarding LEY
57/68 and Bank Guarantee Abuse.
Under no circumstances can the Bank Guarantees In Spain
Website provide advice on an individual basis or give an
opinion on specific individual cases.
Before making a decision or taking any action with
regards to your personal situation we
must strongly advise that
you take independent legal advice.
The Bank Guarantees In Spain Website and Petition does not
endorse the services of any Lawyer or Law Firm.
PLEASE SCROLL DOWN THE PAGE TO COMPLETE THE FORM AND
JOIN THE PETITION
About This Website & Petition This website and petition have
been designed and organised on a
voluntary basis by Keith -
Coordinator of
FINCA PARCS ACTION GROUP.
It is free of charge to take part in this
petition and you will never be
contacted by any commercial
entity as a result of
joining the petition.
Thank you to Ruth and Anne for
their excellent support and assistance with the
compilation of the petition questions
based on their respective experiences
of the Spanish Judicial System. Thank you also to María
Luisa de Castro,
Director of Costa Luz Lawyers for her
invaluable help, support and
guidance
during the past 3 years and to Reg - a member of
FINCA PARCS
ACTION GROUP, for his proof reading services
over the past 5 years!
Violation of Our Rights Under LEY
57/1968 The
right to have our off-plan
deposit funds protected according to Law
in an EU member
country have been violated. The aims of this
petition
are to
expose the
negligent actions of those involved, especially the
Banks &
Savings Banks, to highlight the
unacceptable delays
innocent purchasers are unnecessarily being subjected to in
the courts, to force accountability,
to demand justice and ensure change for
the future.
For these reasons we ask
you to join the petition and to provide
as
much information
as possible relating to your particular case.
PLEASE SCROLL DOWN THE PAGE TO COMPLETE THE FORM & JOIN THE PETITION
Petition
To
Su Majestad el Rey Juan Carlos I de España
His Majesty King Juan Carlos I of Spain
Excelentísimo Señor
Don Miguel Ángel Fernández Ordoñez
Governor Banco de España
Excelentísimo Señor
Don Mariano Rajoy Brey
Presidente del Gobierno de España
Excelentísmo Señora Soraya Sáenz de Santamaría Antón
Vicepresidenta Primera
del
Gobierno
de España, Ministra de la Presidencia
y Portavoz del Gobierno
de España
Excelentísimo Señora Pilar Martínez
López
Directora General de Arquitectura, Vivienda y Suelo
del Gobierno
de España
Excelentísimo Señora Ana María Pastor
Julián
Ministra de Fomento del Gobierno de España
Excelentísimo Señor Alberto Ruiz-Gallardón
Ministro de
Justicia del
Gobierno de España
Excelentísimo Señor Luis de Guindos
Jurado
Ministro
de Economía y
Competitividad del Gobierno de España
Excelentísmo Señor Cristóbal Montoro Romero
Ministro de Hacienda y Administraciones Públicas del Gobierno de
España
Excelentísimo Señor
Don José Manuel Campa Fernández
Secretario de Estado de
Economía del
Gobierno de España
Excelentísmo Señor José Manuel Soria
López
Ministro de Industria, Energía y Turismo del Gobierno de España
Excelentísmo Señor Álvaro María Nadal
Belda
El Director de la Oficina Económica de Moncloa del Gobierno de
España
Excelentísimo Señor Alfredo Pérez
Rubalcaba
Secretario General del Partido Socialista Obrero Español
Excelentísmo Señora Elena Valenciano
Vicesecretaria General del Partido Socialista Obrero Español
Excelentísmo Señora Inmaculada
Rodríguez-Piñero
Secretaria Ejecutiva de Economia y Empleo del
Partido Socialista Obrero Español
Excelentísmo Señor Juan Moscoso del
Prado
Secretario de la Unión Europea del Partido Socialista Obrero Español
Excelentísimo Señor Don Carlos Dívar Blanco
Presidente el Tribunal Supremo y
Presidente del
Consejo General del Poder Judicial
Excelentísimo Señor
Don Carlos Carnicer Díez
Presidente del Consejo General
de
la Abogacía Española
Excelentísimo Señora
María Luisa Cava De Llano y Carrió
la Defensora del Pueblo
Excelentísimo Señora María Ángeles Alcalá Díaz
Directora General de los Registros y Notariado
European Parliament, Committee on Petitions, The Secretariat,
Rue Wiertz, B-1047, Brussels, Belgium
Excelentísimo Señor José Manuel Barroso
President of the
European Commission
Excelentísimo Señora
Clara Martínez Alberola
European
Commission Cabinet Member
Viviane Reding
European Commission Vice President in Charge of Justice,
Fundamental Rights & Citizenship
Mr Roberto Barone
President of the Council of the Notariats of the European Union
The Right Honourable David Cameron MP
Prime Minister of the United Kingdom
The Right Honourable Nick Clegg MP
Deputy Prime Minister of the United Kingdom
The Right Honourable David Lidington MP
Minister for Europe, Government of the United Kingdom
Jana Mittermaier
Head of Transparency International Liaison Office to the EU
Mr Charles Plant
Chairman of the Solicitors Regulation Authority, Redditch, UK
Mr Des Hudson
Chief Executive of the Law Society, London, UK
Mr Peter Bolton King
Chief Executive of the National Association of Estate Agents,
Warwick, UK
The petition and dossier of evidence will also be sent to other
carefully
selected MPs, MEPs and Government Departments
Petition Summary
Thousands of Off-Plan purchasers in Spain were not provided
with the
legally
required Bank Guarantees and in many cases where
Bank Guarantees were
issued
the Banks & Savings Banks are now refusing to honour them.
Off-plan
purchasers are the innocent victims
in a trail of lies, deception,
negligence, lack of due diligence and complete lack of
control
within the
real estate sector.
The ultimate responsibility lies
with
Sr. Rajoy and the
Banco de España for their failure to adequately and effectively
supervise the Banks
& Savings Banks who are the guardians of
LEY 57/68 and who were
the 'vehicle' through which the illegalities
were allowed to operate.
This is a
serious public order matter and we demand that the Banco de
España
and Spanish
Government act immediately
to ensure that:
1. Any purchaser not provided
with the legally required Bank
Guarantee is
refunded
immediately in accordance
with LEY 57/68
2. Any purchaser in possession of a Bank Guarantee, where the
developer has clearly defaulted on the contract, is able to execute the Bank
Guarantee,
in accordance with LEY 57/68,
without the need for litigation
3. 'Fast
Track' specialised courts and an official Ombudsman be established to deal specifically with claims relating
to
Off-Plan deposits, Bank Guarantees and
the implementation of LEY 57/68
4. The
Spanish Government and
Banco de España must immediately
set
up a fund to underwrite the refunds on all Bank Guarantee cases
5. The Spanish Government and Banco de España
must act now to ensure the abuse
being suffered by innocent
off-plan purchasers
in Spain is ended immediately
and that it is never allowed
to happen again.
If the Banco de España and Spanish Government fail to act within defined timescales
on the above
issues then we ask the European
Parliament and
European
Commission to
take firm and effective action
demanding that these
very serious financial
illegalities are addressed
as a matter of extreme urgency.
Please complete the petition form below on-line by using the
easy
drop down menus and by typing in CAPITALS in the
text
boxes.
Then PRINT the completed form for
your records
and
click
'SUBMIT' to send your information and join the petition.
Please enter as much information as you can. We
have made the form as simple as possible. Many
questions have drop down menus.
You may wish
to take some time to gather the requested information
or to speak with your Lawyer to request information.
We have tried to cater for all types of Bank Guarantee abuse,
so most Petitioners will find not all questions
will apply
to
their particular circumstances.
This is the most extensive Bank Guarantee petition
ever undertaken and it is essential that we gather as much
information as possible to ensure we are able to present a
comprehensive dossier of evidence and a complete account
as to the
scale of abuse
suffered by innocent purchasers.
If you currently have many thousands of Euros at risk,
we urge you to join the petition and take a small amount of
your
time to answer as many questions as possible.
THANK YOU FOR ADDING YOUR VOICE TO THIS PETITION
The
information you submit will only be viewable to the person compiling this
petition
and
will not
be passed
to
any third party, other than the official
entities and persons to whom
the
Petition is addressed. Please see our
Privacy Policy for more information.
MOST QUESTIONS HAVE EASY DROP
DOWN MENUS, HOWEVER PLEASE USE CAPITAL LETTERS TO COMPLETE ANY BOXES IN
WHICH YOU ARE REQUIRED TO TYPE ON THIS ONLINE PETITION
FORM
DATE PETITION
STARTED:
2 AUGUST 2010
EXPECTED DATE OF SUBMISSION: Summer 2012
UPDATE: NUMBER OF PETITIONERS TO DATE: 502 @ 26 April 2012
(This figure is not 'live'.
It will be updated regularly)
The Bank Guarantees Website is a free voluntary
service providing information regarding LEY 57/68
and Bank Guarantee Abuse. Under no circumstances can the Bank
Guarantees In Spain Website provide advice
on an individual basis or give an opinion on specific individual cases.
Before making a decision or taking any action with
regards to your personal situation we
must strongly advise that
you take independent legal advice.
The Bank Guarantees In Spain Website and Petition does not endorse the
services of any Lawyer or Law Firm.
Please click below to visit other websites /
pages that may be of interest
