English Lawyers in Spain, Can You Trust Them?

Certain English lawyers in Spain are not to be trusted.

It seems that they are willing to flout laws and bamboozle ex-patriots of whatever nationality with their superior knowledge of the law, language and common practices. 

This does not only apply to English lawyers in Spain of course but let us concern ourselves with them for the time being.

This blog has cited the case of Edward Kirwan who was to be railroaded from his home on the 21st January 2009 as the result of an illegal action brought by De Cotta Law on behalf of their client Valerie Celia Russell. 

International laws become something  of a joke when a judge sitting in Hastings in England can pronounce a judgement in a divorce case based on a Spanish property valuation. The valuation was proven false,  it was written in Spanish which is a language the judge could neither read, write nor speak. Yet  District Judge Pollard was able to do this… how amazing…

Ask District Judge Pollard next time you see him…señor, habla español?

However, based on his superior knowledge of the law, his professional position and the fact that he had had an apartment and stayed in the Marbella or Puerto Banus area on his holidays, gave him, it appears,  sufficient understanding of the Spanish law to make a court order. 

Sadly, the court order was “mis-translated” by an Official Translator, Barry True and was used against Edward Kirwan, initially by Jon Sutton of DeCotta Law, to prevent him from honouring the court order. Interestingly, the official translation was acted upon several days before Barry True stamped it.

Time passed and DeCotta Law, on behalf of their client Valerie Celia Russell, appealed the decision of the Torrox Court on a technicality. De Cotta McKenna y Santafé had the appeal denied on 12th March 2009. 

De Cotta McKenna y Santafé have appealed again, this time to the higher court in Madrid…do De Cotta McKenna y Santafé really want to continue this charade? Do they want to defend their illegal action? The mind really boggles…or is it just another day in Surreal Spain?

I hear you shout “FRAUD” and you are not wrong…watch this space…

Wake up! There are ordinary intelligent individuals living and working in all parts of Spain and other countries in Europe, who are being exploited by  ”the system”. Why?

There are all manner of reasons but perhaps because they do not speak the language,  perhaps they do not understand the proceedures, perhaps they cannot afford to pay the fees of English lawyers in Spain but certainly they do not want to be exploited further.

Meanwhile, English Lawyer, Paula Basham and owner of Axar Property continues with business as usual with seemingly scant regard for the plight of her former employee (or as we are now noitfied employees).

Paula Basham is totally refusing to acknowledge or respect the heavy fines imposed on her by the Court in Malaga for her illegal actions.

Although the “office staff” at Axar Property have their lips tightly sealed, possibly through fear,  it appears nothing much has changed there in regard to employee’s rights and employer obligations. 

The misery and suffering these English lawyers in Spain have caused in the instances cited  above is quite beyond measure.

Anyone might forgive drunken louts behaving in this fashion but the action of these educated and presumably cold sober professionals brings disgrace to the English people and makes it  a shame to be known as English.

 

Injustice in Europe and “Incorrect Procedure”…

Injustice in Europe and “Incorrect Procedure”…

The race is on to find a buyer or buyers for my property, my home or at least 50% of my half of it as notified by De Cotta McKenna y Santafé.

Amazingly there are quite a few neighbours and some new people who are very interested to buy “Cortijo Baena”  before the public auction at Torrox Court on the 21st January.

People are going to turn up and bid at the public auction for the parts of this property. Also of interest is that members of the Spanish and “ex-pat” press are coming too.

Fascinating too is that while the interest rates drop and the euro gains strength against  sterling it creates other interesting scenarios in this situation.

Meanwhile…

“Incorrect procedure” by DeCotta Law partner,  Jon Sutton, comes under the microscope.

This is the subject of ongoing investigations, the result of which you will have to wait for…

Meanwhile the packing for a new homeless  life goes on as does the fight against Injustice in Europe.

Slipping through the legal net, a 53 year old Englishman, resident in Spain, is to lose his house and home over the New Year. He has fallen victim to cross-border legal processes and circumstances which include “incorrect procedures” by DeCotta Law.

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How Many Days to Homelessness? – A Retraction

This is a retraction of the countdown as it is now official that the auction of my property will now take place on 21st January 2009 NOT as was stated on the 16th December 2008 by Reyes Gómez Llorente of De Cotta McKenna and Santafé.

The auction is a “public auction” but to date no-one except you, Torrox Court and DeCotta Law know about it and at present it seems set to remain that way. However, as more and more of you are reading this I have a suspicion that may change. However, if any of you are more successful in finding out how to register and bid at the “public auction” please let me know. I will be happy to publish it here and we’ll invite as many people along as possible. Let’s make it an auction party!

A retraction has been called for by Sandra Wrightson of De Cotta McKenna y Santafé  for “factual errors and defamatory allegations“. Of course, these will be withdrawn once it is established to what it is she refers (and she has been invited to do so ). DeCotta Law further request that this blog should “withdraw these statements and allegations immediately to prevent the need for further action.”  Notice the threat, did you? You can write your comment on this blog Mrs. Wrightson if you like.

 

But what of the real matter in hand? It appears I was correct in a previous post about lack of communication because as she puts it, “This firm cannot enter into correspondence with you regarding the judicial proceeding as we act for Valerie Russell”  Well, as I have no legal representation who the hell do they correspond with? More of this later…

 

A retraction has also been asked for by B.R. True, Sworn Translator, who had this blog brought to his attention. He wants a retraction for “publishing my name in a derogatory manner”.  No prizes for guessing who brought this blog to his attention.

Well Mr. True, writing to me stating…

“I have checked my records and you are indeed right.  Subparagraph iv) a) and Paragraph 3. made the whole order rather confusing, but I did mistranslate item ii), which should have read  “representación letrada del demandado”.  I sincerely regret this mistake, which is a sad exception in my 21 years of unblemished experience.”

…and me reporting the fact is hardly derogatory.

You made a mistake, admitted it like a man and confessed to your  “sad exception”.  But remember, your mistake in a legal translation may be instrumental in me losing my house and home. You too Mr True are offered the same courtesy of a retraction and of course, you may also comment here if you like.

 Slipping through the legal net, a rapidly aging Englishman, resident in Spain, is to lose his house and home within a matter of days. He has fallen victim to cross-border legal processes and unfortunate circumstances which include an archaic and somewhat secretive, local legal system.

25 Days to Homelessness – or was DeCotta Law wrong?

DeCotta Law Lawyer or “Abagado” , Reyes Gómez Llorente, seems to have got it wrong!

After visiting Torrox Court again today I have been told the date of the “public auction”. I can catagorically tell you that is NOT been set for the 16th of December 2008 as was previously stated by Reyes Gómez Llorente of De Cotta Mckenna y Santafé in Nerja and perhaps more importantly it never was.

This now brings into question why does this lawyer not tell the truth? She told a potential buyer of my property on the 3rd November 2008 this … I reprint the e-mail sent to “Buyer” from …De Cotta Mckenna y Santafé.

Date: Mon, Nov 3, 2008 at 9:51 AM

Subject: Re: Property in Spain

To BUYER

 

 

Dear Mr Buyer, 

 

Thank you for your email.

 

I inform that the property belongs to Mr Kirwan and Mrs Russell at 50%. Due to a debt that Mr Kirwan has to pay to Mrs Russel there is a Court case. The Judge has ordered that the 50% of the property that belongs to Mr Kirwan is sold by puclic auction on the 16th December. 

*******************************************************

 

Hmm…

 

 

I ask myself, is it correct, is it fair, is it ethical and most importantly is it legal that De Cotta Mckenna y Santafé can give out such misleading information?

 

Or am I just “tasting my time” as Reyes Gómez Llorente of DeCotta Law put it?

 

 

 

Slipping through the legal net, a 53 year old Englishman, resident in Spain, is to lose his house and home within a matter of days. He has fallen victim to cross-border legal processes, mistranslation of an English Court Order and misinformation spread by De Cotta Mckenna y Santafé.

28 Days to Homelessness – A Quiet Day on the Western Front

A Quiet Day on the Western Front is a reference to the battle being waged in my fight for justice.

Preparations need to be made in this battle and my troops need to be lined up, trained  and ready for action in the forthcoming encounters, so a quiet day is in order.

DeCotta, McKenna and Santafé lawyer, Reyes Gomez Llorente, now refuses to communicate with me. This quote is from an e-mail communication dated 17th November 2008.

Quote “Please, take note that I haven´t got any obligation of to respond your letter. I am sending this communication just a matter of cortesy. This is the last email that I am sending you…

 

…you must understand that I am not tasting my time in explaining you the matter. Tehrefore, don´t waste your time in sending me more emails. 

 

Thanks  

Reyes Gómez Llorente

De Cotta Mckenna y Santafé

” Unquote

Slipping through the legal net, a 53 year old Englishman, resident in Spain, is to lose his house and home within a matter of days. He has fallen victim to cross-border legal processes and unfortunate circumstances which include an archaic and somewhat secretive, local legal system.