Fake Lawyers

We have recently received few phone calls from people that have been defrauded by fake Legal Companies based in Spain.

In some of these schemes, the victim receive a cold call from the lawyers that promise to solve the problem with their investments and then coerced to pay an upfront fee or other costs. The fake Company then disappears with the money of the victims and reappears after a while with a different name.

If you are a victim and/or you know other people in the same situation, please contact us.

We will assess your situation free of charge and we will give you an honest advise if there is any chance to get your money back.

Thanks

The CPC Team

Title deed insurance

We are proud to offer you an amazing insurance product that protects the Title Deed for your property in Spain.

We are the only company in UK that offers this amazing product with CASER (The Insurer of Spanish Saving Banks).

The cost of the insurance is only 293,93Euro per property (one time fee).

It insures your purchase title deed of your residential property for twenty years, covering problems such as Title defects, forged title documents, surface discrepancies, fraud or legal incapacity of Seller, boundary dispute, Purchase transaction declared null retroactively, pre-existing unrevealed encumbrances, Land Registry errors, existing Rights of third Parties on the property and many others.

This unique Product is a must for any Spanish Property Purchaser and is available exclusively in the UK from CPC Worldwide Ltd.

(Full written details on request)

MRI property problems

Anybody who has invested money in this project and has lost their faith after the decision of the Judge Beatriz Fernandez, who decided to drop the case due to a lack of jurisdiction, is welcome to contact us as it is possible to bring the case in the UK and finally take to court Darragh MacAnthony.
For anybody who may be affected by this please contact CPC for further information.
Tel: +44(0) 191 386 2487
The CPC Team

Bank repossession in Spain

PRESS RELEASE No 30/13

Luxembourg, 14 March 2013

Judgment in Case C‑415/11

Mohamed Aziz v Catalunyacaixa


Spanish legislation infringes EU law to the extent that it precludes the court which has jurisdiction to declare unfair a term of a loan agreement relating to immovable property from staying the mortgage enforcement proceedings initiated separately.

Spanish legislation lists the grounds, which are very limited, upon which a debtor may object to mortgage enforcement proceedings. Those grounds do not include the existence of an unfair term in the mortgage loan agreement. Thus, that fact can be relied upon only in separate declaratory proceedings which do not have the effect of staying the mortgage enforcement proceedings. In addition, in the Spanish enforcement proceedings, the final vesting of immovable property in a third party – such as a bank – is, in principle, irreversible. Consequently, if the court hearing the declaratory proceedings declares a term of a loan agreement unfair and accordingly annuls the mortgage enforcement proceedings after enforcement has taken place, that judgment can enable that consumer to obtain only subsequent protection of a purely compensatory nature, the person evicted being unable to recover ownership of his property.

In July 2007, Mr Aziz, a Moroccan national residing in Spain, concluded with the bank Catalunyacaixa a loan agreement to the value of €138,000 secured by a mortgage over his family home.  He stopped paying his instalments with effect from June 2008. After having called upon him to pay without success, the bank initiated enforcement proceedings against him. When Mr Aziz failed to appear, execution was ordered.  An auction of his immovable property was arranged, but no bid was made, with the result that, in accordance with the Spanish legislation, ownership of the property was vested in the bank at 50% of its value. On 20 January 2011, Mr Aziz was evicted from his home. Shortly beforehand, he applied for a declaration seeking annulment of a term of the mortgage loan agreement, on the ground that it was unfair and, accordingly, of the mortgage enforcement proceedings.

In that context, the Juzgado de lo Mercantil No 3 de Barcelona (Commercial Court No 3, Barcelona) before which the case was brought, decided to ask the Court of Justice, first, about the compatibility of Spanish law with the Unfair Terms in Consumer Contracts Directive[1], since Spanish law makes it extremely difficult for the court to ensure effective protection of the consumer and, second, about the essential characteristics of the concept of ‘unfair term’ within the meaning of that directive.

In today’s judgment, the Court answers, first, that the Unfair Terms in Consumer Contracts Directive precludes national legislation, such as the Spanish legislation at issue, which does not allow the court hearing the declaratory proceedings – that is, the proceedings seeking a declaration that a term is unfair – to adopt interim measures, in particular, the staying of the enforcement proceedings, where they are necessary to guarantee the full effectiveness of its final decision.

As a preliminary point, the court recalls that, in the absence of harmonisation of the national mechanisms for enforcement, the grounds of opposition allowed in mortgage enforcement proceedings and the powers conferred on the court hearing the declaratory proceedings are a matter for the national legal order of each Member State. However, that legislation may not be any less favourable than that governing similar situations subject to domestic law (principle of equivalence) and it must not make it in practice impossible or excessively difficult to exercise the rights conferred on consumers by EU law (principle of effectiveness).

With regard to the latter principle, the Court considers that the Spanish procedural system impairs the effectiveness of the protection which the directive seeks to achieve. That is so in all cases where enforcement is carried out in respect of the property before the court hearing the declaratory proceedings declares the contractual term on which the mortgage is based unfair and, accordingly, annuls the enforcement proceedings. Since the court hearing the declaratory proceedings is precluded from staying the enforcement proceedings, that declaration of invalidity allows the consumer to obtain only subsequent protection of a purely compensatory nature. That compensation is thus incomplete and insufficient, and would not constitute either an adequate or effective means of preventing the continued use of those terms. That applies all the more strongly where, as in this case, the mortgaged property is the family home of the consumer whose rights have been infringed, since that means of consumer protection is limited to payment of damages and interest and does not make it possible to prevent the definitive and irreversible loss of the home. It would thus be sufficient for sellers or suppliers to initiate mortgage enforcement proceedings in order to deprive consumers of the protection intended by the directive. The Court therefore holds that the Spanish legislation does not comply with the principle of effectiveness, in so far as it makes impossible or excessively difficult, in mortgage enforcement proceedings initiated by sellers or suppliers against consumer defendants, to apply the protection which the directive confers on those consumers.

Second, when examining the concept of the unfair term[2], the Court states that the ‘significant imbalance’ arising from such a term must be assessed taking into account the rules which would apply under national law in the absence of an agreement by the parties in that regard. To that end, an assessment of the legal situation of the consumer having regard to the means at his disposal, under national law, to prevent continued use of unfair terms, should also be carried out. In order to determine whether the imbalance arises ‘contrary to the requirement of good faith’, it must be assessed whether the seller or supplier, dealing fairly and equitably with the consumer, could reasonably assume that the consumer would have agreed to such a term in individual contract negotiations.

In the light of those criteria, it is for the national court to assess whether the default interest clause inserted in the contract signed by Mr Aziz is unfair. That clause provides for annual default interest of 18.75%, automatically applicable to sums not paid when due, without the need for any notice. The national court must in particular compare that rate with the statutory interest rate[3], and determine whether it is appropriate for securing the attainment of the objectives pursued in Spain and does not go beyond what is necessary to achieve them.

Equally, the acceleration clause of the contract concerned allows the bank to call in the totality of the loan after a single failure to meet a due payment of principal or interest. The national court must in particular assess whether that right is conditional upon the non-compliance by the consumer with an essential obligation of the contract and whether such non-compliance is sufficiently serious in the light of the term and amount of the loan.

Finally, the clause on unilateral quantification of the unpaid debt stipulates that the bank may immediately quantify that amount in order to initiate mortgage enforcement proceedings. The national court must assess whether and, if appropriate, to what extent, that term makes it more difficult for the consumer, given the procedural means at his disposal, to take legal action and exercise rights of the defence.


NOTE: A reference for a preliminary ruling allows the courts and tribunals of the Member States, in disputes which have been brought before them, to refer questions to the Court of Justice about the interpretation of European Union law or the validity of a European Union act. The Court of Justice does not decide the dispute itself. It is for the national court or tribunal to dispose of the case in accordance with the Court’s decision, which is similarly binding on other national courts or tribunals before which a similar issue is raised.


 

Unofficial document for media use, not binding on the Court of Justice.

The full text of the judgment is published on the CURIA website on the day of delivery.

Press contact: Christopher Fretwell  (+352) 4303 3355

Pictures of the delivery of the judgment are available from “Europe by Satellite”  (+32) 2 2964106


[1] Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).

[2] According to the directive, a contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer.

[3] In Spain, the statutory interest rate in 2007 was 5%.

…………………………………………………………………………………………………………….

If you have a problem of repossession in Spain, CPC Worldwide can help you following the European Court of Justice sentence which declared that the Spanish repossession law is against the EU law on cunsomer protection

Words of Kindness – Anon

Edits in *bold* to protect case and clients.

 

Dear all

 

I moved out of my house on Friday and currently got my life in storage while I prepare for a new life in *county name*.  I lost my home as a direct result of *company name* not paying my interest payments, and I also lost my business as I ran a *business type* from my home.

 

I spent nearly 30 years stripping wood and cultivating a beautiful home and garden for my clients and pupils.  It was a haven.  I’m single, I have no children (not through choice) and my home and business was my life.  I risked my equity with *company name* as I had an interest only mortgage that had rocketed sky high because I had some bad builders take me to the cleaners about 10 years ago.  I was worried that I wouldn’t be able to make the capital repayment on retirement and this investment would provide me with a solution.

 

The reality of not living in my own home and the difficulties of living in other people’s houses is slowly dawning on me that the future looks bleak.  After nearly one year I still feel unable to talk publicly not even to my friends or family about what happened to me because I still feel so incredibly stupid and I’m too proud to tell people that I took such a crazy risk.  I told people (even the family) that I would give up my life to care for my mum.  As it happens that is a good thing, so I guess nothing is all bad.  I have let my house so it’s not over yet, but the reality is I doubt I can ever go back again and I’m heartbroken.

 

I’m sharing this with this group, in confidence, not to burden you all, because I know each and every person on this email list is here because you too are suffering hardship, but I share it as a reminder as to why we are here, and what we are fighting for, and the importance of sticking together through thick and thin as we fight for our lives against the greed and evil of this family.  It is clear by their actions against us, they have no compassion, care or comprehension as to the effect their actions have had on others.

 

In spite of all the difficulties of coming this far, I still feel confident that I’m in the right place and that this is the best chance of recovery we are likely to get.  I have a feeling that *alternative solution* is not going to be the magic wand people are hoping for but I hope it’s a motivating enough force for *the company directors* to make an early settlement.

 

 

My business was my life, my clients were like my family, the community I was an integral part of.  I am bereft and lost at the moment and I’ve cried a lot. This court case for me is a tiny glimmer of hope for the future and thank you *case lawyer* and Nikki for all you have done bringing things this far.   I sincerely hope the universe gets behind *the company directors*, and he gets what’s coming, but more importantly, I look forward to a glorious victory and my life back in London again one day.

 

I hope you don’t mind me sharing this but I felt it was relevant, because at the end of every contract is a real live human being suffering hardship and heartache, and I hope for all the investors there are happier days ahead.

 

*Anon*

Words of Kindness – Nigel

Hi Nikki

All went to plan as we hoped on Tuesday big thanks to you and CPC team and Tomas and his team.
Just to follow up on the phone call Monday of the good news that I had paid the 7% tax on the house as agreed by the receivers.
So can we do final account on that I take it you will settle Tomas account and look forward to receiving the balance.

speak to you soon
many thanks
Nigel

CPC Worldwide Ltd

Words of Kindness – John and Helen

We would like to thank Nikki and all her team in the UK and Spain in finalising the completion of our now, Clean Title Deeds after a long stressfull fight with the builder of our house in Spain. Thanks again for all your work as we continue to bring justice to all those who put us in this position in the first place

John and Helen