DeCotta, McKenna & Santafé Turn to an English Court

DeCotta, McKenna & Santafé Turn to an English Court

On 21st January 2009 the Court of Torrox in Spain annulled an application by DeCotta McKenna & Santafé to enforce an English Court Order. A “public auction” of half a property due to the false, incorrect and therefore, illegal translation of an English Court Order by an Official Sworn Translator was halted just 2 hours before a man was to loose his home. De Cotta Law’s subsequent appeal was also denied again on the 16th March 2009.

DeCotta McKenna & Santafé subsequently appealed to the High Court in Malaga and the result of that has yet to be heard.

Dissatisfied with the two rulings of the Court of Torrox,  Jon Sutton, a partner of the De Cotta Law firm based in Mijas, has made an application to the Court in Hastings on behalf of his client Valerie Celia Russell,  for the enforcement of the same Court Order dating back to 11th August 2004.

What is interesting is that through a “mis-translation” which is documented elsewhere on this blog, it was Jon Sutton who effectively stopped the defendant, Edward Kirwan, from meeting his obligations.

Mr. Jonathan Paul Sutton, on behalf of his client,  effectively took control of the sale of the property when he wrote to Mr. Kirwan on the 5th August 2005 stating that:

“We have had the Court Order legalised and translated into Spanish”

However,  Mr.B.R.True (the Official Sworn Translator  appointed by De Cotta, McKenna and Santafé and certified by the Spanish Ministry of Foreign Affairs) stamped the translation which Jon Sutton referred to,  on the 11th of August 2005 – fully 6 days after Mr. Sutton’s statement to Mr. Kirwan, the Respondent in the case.

The English Court Order of 11th August 2004 stated:

ii) the respondents solicitors shall have conduct of the sale.

The Spanish translation stated

ii) La representación letrada del demandante administrará la venta.

This is the complete opposite of the original Court Order.

(The word “Respondent” in English is “Demandado” in Spanish, whereas “Claimant” is “Demandante” )

Jonathan Paul Sutton, who is an English solicitor as well as a Spanish Abogado (lawyer) and a Partner in De Cotta, McKenna and Santafé, should definitely have known this translation to be incorrect. What was he thinkng of? He had options.

If he acted on the English version he knew that it was the respondent’s solicitors who should conduct the sale.

If he knew that the Spanish translation would be in his client’s favour he could act on that.

If he thought the respondent was not legally represented, it could be to his clients’ advantage and he could act accordingly.

In fact he acted on the Official Spanish translation which gave power to the claimant’s solicitor (namely his client, Valerie Celia Russell) 6 days before it was official. This begs very serious questions.

How did Jonathan Paul Sutton, Solicitor and Partner in DeCotta McKenna & Santafé, know the contents of a Sworn Translation 6 days before it was stamped by the Official Translator Mr. B. R. True?

Why did he not recognise the “mistake” and why did he act on it?

Yet that is what this De Cotta Law partner did. He deliberately acted against the Respondent and the company (DeCotta McKenna & Santafé) as a whole refused to allow 4 sales, generated by Mr. Kirwan, over a 3 year period, hiding behind this translation “mistake” until it was brought to light by Mr. Kirwan himself, in November 2008.

Mr. Kirwan has only recently (16th March 2009) been able to freely offer his property for sale following the ruling of the Court in Torrox. However there is an added complication to this proceedure.

Deputy District Judge Pollard, when handing down the Court Order, failed to appreciate that the property in Spain, jointly owned by Mr. Kirwan and his ex-wife,  is in 4 parts and he only cited 2 on the order. In order for the respondent to sell any part of the property and honour his commitment, the Court order needs to be amended to reflect the 4 parts.

On this both parties agree.

However in the Respondent’s case the application is sought so that he can sell the property for which he has potential buyers, whereas in the De Cotta Law application, they suggest in a Draft Order that the judge re-word the order as follows:

“In default of the order this Court dated 11th August 2004, the properties known as 1017 and 1018 Barranco Plano and registered in the Land Registry of Torrox, Spain with finca numbers 29102, 29104, 29106 and 29108 be sold by auction by the Spanish Court.”

Is this a backdoor way to achieving something that has been decided and denied to the Claimant in the Courts of Spain?

Are DeCotta Law and their client in contempt of the Court in Spain?

Indeed does the English Court even have jurisdiction or superior power over property of a Spanish Resident and a matter being dealt with in the High Court of Malaga?

Mr. Kirwan could have sold his property in 2005 if De Cotta Law had not acted on the “mis-translation”. The fact that Mr. Kirwan finds buyers at all, indictes that this is not the act of a man who, in the opinion of  De Cotta Law is

“holding the English Court in contempt in ignoring the order of 11th August 2004 and taking advantage of the difficulty of enforcing the order in Spain”

Mr. Kirwan has only had the power to sell the property, through the Court of Torrox,  since the 16th March 2009 and has already produced potential buyers but he is unable to complete any sale due to the incorrect wording originally laid down.

Under the circumstances, why is there any need for a partner of De Cotta Law in Spain to apply to the Hastings County Court in England to request yet another “public auction”  in Torrox Court in Spain at this juncture? It is incredible!

What  is more incredible is that a “public auction” in this part of Spain, as far as this blog understands, is not like those in the northern countries of Europe.

First, it  is announced by simply putting a notice on the board outside the clerk’s office in the court building. How often do you visit the court buildings to see if there is a public notice filed against you?

Secondly, the only attendants would have been Valerie Celia Russell and her legal representatives where, in this case, half of the property would have been “sold” and signed over to Valerie Celia Russell in private session with the judge.

Could it be that the “Catch 22″ the respondent found himself in was in fact a well thought out and calculated plan by De Cotta Law? Perhaps this “smoke and mirror” deception has been practiced before and has yet gone undetected.

Could it be that Valerie Celia Russell never wanted the property to be sold in order that her ex-husband would retain nothing from their former marriage? There is evidence to suggesst that this is what was happening.

Could it be that De Cotta Law are chasing fees that accumulated while preventing the respondent from honouring the court order? After losing their case in Torrox Court and the subsequent appeal this is quite possible.

Could it be that DeCotta McKenna & Santafé have lost their ethics, dignity, pride and honour?

A hearing is presently set for the 16th September 2009 in Hastings, England. Perhaps the answers to the questions posted here will be answered then.

Let Battle Commence!

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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.

 

Silence is Golden – DeCotta Law Loves IT

Silence is Golden – DeCotta Law Loves IT

Silence is Golden for DeCottaLaw (also known as DeCotta, McKenna y Santafé) the English lawyers in Spain who represent Valerie Celia Russell.

Why, readers ask,  has this blog been silent recently about the illegal action brought about by DeCotta Law on behalf of Valerie Celia Russell against her ex-husband ?

Because it has been waiting and waiting and waiting for the result of an appeal launched by DeCotta Law on behalf of their client.

Were the grounds for an appeal by these English lawyers in Spain because their actions in the past were legal?

NO.

The grounds for appeal were that the the pronouncement of Torrox Court was incorrect on a technical point. The technical point in question was that the defendant knew about their (DeCotta Law and their client’s) illegal actions and had not appealed against it within the allotted time. The allotted time for appeal is 20 days.

Please note this well. The appeal was not launched because the action brought by Valerie Celia Russell was LEGAL, oh no, it was because of a possible technicality!

DeCotta, McKenna y Santafé, got it WRONG! The defendant DID notify Torrox Court of the illegal action being brought against him on the very next day that he had proof of the illegal action.

Look at what DeCottaLaw boasts...

This is the same DeCotta, McKenna y Santafé who are top of the list for recommended English lawyers in Spain when you search on Google.

This is the same DeCotta Law who boast an HONORARY LEGAL ADVISER TO THE BRITISH CONSUL

The same  DeCotta, McKenna and Santafé who are Proud to Sponsor the Royal British Legion.

The same DeCotta Law who will deal with your bereavement

This is the same DeCotta, McKenna y Santafé who have brought an illegal action against a man which would have deprived him of his home and buried him financially.

DeCotta Law must surely love IT.

And this is the same DeCotta, McKenna and Santafé who have made threats of  “further action.“ due to “factual errors and defamatory allegations against members of this firm.” while the defendant was trying to get his case heard without legal representation.  ( An invitation to DeCotta Law to explain these  “factual errors” was extended but the company chose to remain silent. No legal action has been taken to date.)

This is the same DeCotta Law that you may have trusted until now.

Es la vida, no?

We invite you to contact De Cotta McKenna & Santafé on:

Tel.: +34 952 931 781
Fax: +34 952 933 547

to get their take on this story.

Injustice in Europe recommends that anyone having dealings with DeCotta Law in relation to  translation of an English legal document (particularly regarding divorce and  property),  check and double check it.  Triple check it if it was translated by Official Translator, Barry True.

Barry True made a mistake and stated ” I sincerely regret this mistake, which is a sad exception in my 21 years of unblemished experience.”  Sadly his “mistake” has led to much hardship over a number of years.

Ensure that you have a correct translation and that you have not been deprived of your property, your wealth or the health that you may have enjoyed before encountering DeCotta Law.

Happy Christmas…You Are Homeless!

Happy Christmas…”You are Homeless!”

Happy Christmas…You Are Homeless

 

 

How would you like a Christmas card like that?

No one would of course but this is what, in effect, I have received courtesy of Valerie Celia Russell and her legal representatives in Spain, DeCotta McKenna and Santafé and Torrox Court. 

In order to fight any justice you need money. Those that have money can fight for their justice or injustice, in one way or the other. The more you have the more you can fight until the lawyers sort it out.

But when you have little or no money that is when you can find yourself on the rough side of the legal process…but justice should still provail…

In this situation,  there is not much difference to being a gambler in Las Vegas (and we all know who runs that show)…the lesson here is…don’t run out of money and certainly DO NOT give it all to a deserting wife for whatever reason…

Slipping through the legal net, a 53 year old Englishman, resident in Spain, is to lose his house and home at New Year.  He has fallen victim to cross-border legal processes and “incorrect procedure” in Spain…

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Injustice in Europe ruffles some feathers

Injustice in Europe ruffles some feathers.

 

Let me say straight away, by way of retraction, (without being asked) that Reyes Gómez Llorente of DeCotta McKenna and Santafé in Nerja was absolutely correct in her letter to my recent buyer. My 50% of the property (my home) jointly owned by my ex-wife, Valerie Celia Russell, will go to auction on the 21^st January 2009.

 

I will not go into too much detail in writing, as it seems I may be taken to court by DeCotta McKenna and Santafé. (if you remember the threats in an earlier report on this blog)

 

As if…as if a huge company like that would kick a man when he is down…particularly when elsewhere in the press they are “supporting” a well known local charity when and if you get your will written by them…as if…

  

The Good News!

 

Listen up! Anyone can buy a 50% share of this property which, although held under one title deed (escritura) has now ben divided into 4 (four) lots. It is being offered for sale in 4 lots: 1 house, 1 cottage, 1 large plot of land and I small of land.

 

So … would you like to buy 50% of lot 1, lot 2, lot 3 or lot 4 and share it with Valerie Celia Russell ?

 

The Public Auction

 

I have been asking for months for what constitutes a public auction and what anyone needs to do to participate. I finally have an answer.

 

All you need to do is turn up on the day with 30% of the bid price deposited in the bank account number supplied by the court. You may also make your bid in writing in a sealed envelope. 

 

(NB. This is NOT a translation by a Sworn Translator nor is it legalized in any way and certainly not several days before I received it !)

 

So what is for sale?

 

Roughly translated, you can buy 50% of:

 

Lot 1: Land: € 21,372.97

 

Lot 2: Land: € 1,311.30

 

Lot 3: Cottage: €37,642.37

 

Lot 4: House: €89,845.04

 

In total: € 150,171.68 buys you a HALF SHARE of my home and property which is shared, on paper, with my ex-wife Valerie Celia Russell.

 

WHAT A DEAL !

 

What a deal, when you consider you could have bought this whole property for a mere €235,000 at the current market value (yes, there are Estate Agents that value these things) IF I had been allowed to sell it to you by, yes you guessed it, Valerie Celia Russell and her legal representatives, DeCotta McKenna and Santafé. However, in their wisdom, they have blocked every sale to date and made it impossible for me to honour my debt as set down by the English Court Order.

 

So here’s the deal….

 

All you need to do to own your own bit of paradise in Spain (jointly with Valerie Celia Russell of course) is turn up at Torrox Court, Malaga at 12 noon on 21^st January 2009 with €400. (You will need the 30% deposited but let’s face it, €400 isn’t much is it?)

 

Otherwise what do you think will happen? Valerie Celia Russell will take the jackpot!

 

The Bad News!

 

The English Court Order, under which I was ordered to pay a sum close to £ 67,000, has been mistranslated and used to force the sale of 50% of my property. It is now available in 4 lots, whereas during the past 4 years every attempt by me to sell the whole or part of the property has been blocked. The debt has mounted due to an 8% interest rate being placed on the debt. The rate of interest in Spain at the time of the Order was 3%. The time limit set to find the sum was 3 months. Properties in Spain, particularly rural ones such as mine, simply do not sell in that time frame, not then and not now.

 

If I were to raise the required sum to satisfy the debt before the 21^st January 2009 deadline there is now some doubt that Valerie Celia Russell would even be removed from the title deed according to what I can make of a previous  DeCotta Law letter.

 

So, if this is correct, in effect, my ex-wife, will have had €90,000 in cash, a further €130,000 (or so) in payment with interest AND retain a half share in this property. Conversely, if I am unable to raise this sum she will “buy” my half share at a so called “public auction” (which incidentally, is anything but public), own the whole property and will have had the original €90,000.

 

Was this the intention of the English Court Order?

 

The question of the jurisdiction of the English County Court is in doubt, the dubious mistranslation of the court order, the fact that

 

A judgment will not be recognised:

 

if the defendant was not served with the document which instituted the proceedings in sufficient time and in such a way as to enable the defendant to arrange for his or her defence; (http://europa.eu/scadplus/leg/en/lvb/l33054.htm)

 

and several other aspects of this case are all currently under review.

 

 

Is this justice in Europe or injustice in Europe?

 

 

There is a lot more to share with you but right now I’ll leave you, along with one or two notable authorities, to wonder about the legality of these actions and who on earth would buy 50% of a property with a stranger.

 
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.