Forthcoming Legal Action in Spain FAQs

MRISG

MRISG

As a member of the MRISG Members Only Forum you will have already seen this but to open the action to the wider public and victims of MRI this has been posted publicly for the world to see.



1.  What case do I have?
In principle, everyone would have a civil against Martinez Echeverria Legal  Independence (ME/LI) given that the conflict of interest would have rendered  the legal representation service as “fake”. This would entitle anyone who  bought through ME/LI from Macanthony (MRI) to bring an action, as they would be  in this situation, for a refund of the legal fees paid towards the  representation.

2. How about a civil case against MRI?
This would most certainly be a waste of time and  money as these companies have been wound up and all but disappeared. However,  it is clear that Macanthony ran his companies as a tool to be able to protect  him from creditors, all the while flouting all regulations pertaining to fair  trading, bookkeeping, accounting and not the least important, business ethics  and morals. There is post about this legal angle at http://belegal.com/blog-by-antonio-flores/is-daragh-macanthony-no-longer-part-of-the-furniture/,  and it would entail bringing an action directly against Darragh Macanthony  personally which, if successful, could see the winning party seizing his  assets, including his football club.

3.  How do the civil differentiate from the criminal?
The criminal requires intent to defraud and  monetary loss, by concocting a preconceived plan to persuade people to part  with monies AND such people sustaining losses. The civil case requires  contractual default either by not performing the obligation in the legal  representation contract or, where the contract would have been null and void  “ab initio”, that is, from its inception, due to the impossibility to provide  legal representation service, as is the case, quite simply because ME/LI were  already working for the other party.

4. Who  are the alleged defrauders?
In principle,  MRI, Capital Partners and ME/LI, and the individual who caused financial harm  either directly, as a principal, or as an accessory (accomplices, co-operators).

5. Would  I qualify for criminal case?
If you bought  a property that was never built, or you bought a property because you were told  that you could get a mortgage, or on the basis of a “guaranteed rental”, or  once the property was known to not be built you were charged money to move to a  further one (“bait and switch”) or, if you chose not to change developments you  were charged to get your deposit acknowledged, and charged for it (“credit note”),  then there are strong grounds to believe that fraud intervened (fraud  understood as theft by swindle and misappropriation). We will however advise on  whether you qualify for one action or another on the basis of the paperwork you  have given us and what you can provide us.

6. Who  can determine in which position am I in?
A  lawyer with knowledge of the modus operandi of the triad (MRI, CFP and ME/LI)  would be able to tell you where you stand, legally. Currently, no more than a  few lawyers have acquainted themselves with this case.

7. What  is required to know where I am?
We will  need a short description of your position, stating namely whether your property  was built, and if it was built, if you were given a mortgage approval in  principle by CFP that convinced you that you qualified to get a loan and  therefore a property, if you were offered a rental package, if you were  subjected to the bait & switch session and ended up paying for this bogus  service, if you were given a “credit note” signed by  Macanthony or any of his acolytes and ended up paying for  this bogus service,  and a number  of other deceits that had, as a result, the loss (will attach a form for this).

8.  Can I run both actions at the same time?
No, the criminal action takes precedence over the  civil one and in fact, it already includes the civil one as part of the  compensations requested. If you start a civil case and then file a criminal  one, the civil case will be “stayed”, or interrupted, until the criminal one is  finalized.

9.  Can I just join a civil case and forget about the criminal  one?
Certainly, not a problem.

10. If other  claimants are pursuing via the criminal claim, will my civil claim be “stayed”,  that is, stopped?
Each claimant sues  individually and not as part of class action, which in Spain is reserved only  to Consumer Protection Associations. Therefore, the answer is no, you can sue  via the civil courts to obtain redress on your particular case.

11. Can we  all join under one case?
Certainly,  collective or joint actions are groups of claimants that sue together, within  one claim that encompasses all other smaller ones. But in reality, there are as  many claims as people claiming although they case is progressed as one unit.

12. What  is required to file the suit?
a.      Signed letter of engagement (to be advised on).
b.      Power of attorney (to be advised on).
c.      Supporting documentation proving your investment, with  particular reference being made to: contracts signed with the developer or  Macanthony, proof of payment of deposit, “bait and switch” documents, “credit  note” documents, rental guarantees and mortgage approvals in principle.
d.      Any correspondence you may have had with Macanthony  employees.

13. What if I have already sent the paperwork and letter of  engagement to another member of the claimants’ legal team? 
There is absolutely no problem as all claimants will  be joined under one action and the objectives and aims pursued are the same.

14. Where  will it be filed?
Jurisdiction is still  not determined but in principle, the main center of the activities carried out by  Macanthony was Spain, in particular Marbella,

15. How long  will the Court case take?
It is difficult  to tell given the variety of results when this question is made. We have been  involved in a Court case that has just settled, prior to hearing, after 10 years,  in relation to timeshare resale scam (details can be found at www.lawbird.com). This  is, however, an abnormal and exceptionally lengthy case that has slept in Court  for years and therefore, it is not to be used as an example. Statistically, a  Court of First Instance case in Spain takes up to 6.9 months, and a Criminal  case 8.9 months. This is perhaps also optimistic as most case would be filed by  one single claimant against one single defendant, as is not our case, and so I  would therefore be more comfortable with increasing this forecast by twice as  much, at least.

16. Do  I need to come to Spain to sue?
No, it can  be done with powers of attorney although there is a possibility, not  insignificant, that the defendants decide to call the claimants/plaintiffs to  give a statement and that therefore, they have to attend personally. This,  although unlikely, is possible.

17. How much  are the fees?
After some discussion, it  has been proposed that a fee of 7% of the sums claimed, plus VAT (18%), would  be appropriate, 50% of which would be payable in advance and the balance on  successful recovery of the sums and provided the sum obtained covers the  balance of the pending legal fee.

With a view to facilitate the payment of the initial 50%  of the legal fee for the action, the initial payment can be split as follows:

–         On signing the letter of engagement:                       €500
–         Payment  of  balance staggered:                               6  equal monthly payments

18.  What about translation costs?
We do not have an issue with English documentation as the lawyers are able to  do the translation in-house, and therefore, no further fees are required. If  the documentation is in any other language different from English, Spanish or  French, they would need to have the documents translated. In principle,  translations need not be official provided the other party does not challenge  the validity of these, which may occur only of the quality of the translation  is poor, inexact or, alternatively, they wish to introduce the challenge as a  spurious delaying tactic (a move that may, ultimately, backfire on the  defendants).

19. What is latest about the MRI and Martínez-Echeverría  Association
The  Association has now been duly incorporated. This organization is a non-profit  making entity that will have, among its aims, to assist and endorse the legal  case to be filed with the Courts, exposing the wrongdoings committed by the above  companies and individuals at different levels, inclusive of media, Government  and judiciary. Any person can join the association and in due course, members  will be advised on the sum of a small contribution to cover maintenance costs  that will allow the association to carry out the actions required to attain its  objectives.

20. What do  I need to get started?
In principle, indicating  your willingness to join an action against will suffice, by emailing the  address contact@mri-sg.org, indicating  your contact details. Upon receipt of it, we will forward you a short request  for information that we will use to advise on the likelihood of joining one  action of another. The documentation we will require is listed on point 12.c.  We undertake to provide you with an answer within 10 working days in respect of  the action you are most likely to pursue.



Please read these questions carefully – if you need to speak to someone personally send your contact details to contact@mri-sg.org and your details will be passed to a member of the forum who will call you personally to discuss.

If you want to be part of this legal action for justice – Now is the time to come forward!

Rest assured you need not fear any further threats from any member of the MRI employee (past or Present), their lawyers or directly from Darragh MacAnthony or one of his directors.   We know they read this blog and will be well aware they could be breaching UK and Spanish Law by trying to Harass, Intimidate or Bully you any more and could be subjected to criminal proceedings relating to any such contact. 

Also be aware some of our members have had offers to settle their disputes or provide the but once they stop the promises are not fulfilled.  It is a deliberate attempt to

MARTÍNEZ-ECHEVARRÍA Fabrication or Truth?

Do these people never give up trying to extract money from the MRI Victims?

Please be informed that the Martinez-Exhevarria are the same people as Legal Independence the lawyers in Bulgaria who were supposed to represent clients buying through or from MacAnthony Realty International companies.  Yet MRISG have irrefutable evidence that they worked for MRI as part of the whole process yet took money from clients by false representation.  Martinez-Echevarria also appear to be passing themselves off as Martinez-Echevarria Legal Business School , a legal business school with links to the London School of Economics, University of la Rioja, Michael Page Tax & Legal and ADM Management and Business School.  It makes you wounder if these other organisations and the Law Society in Madrid have done their ‘Due Diligence‘ or not.  However, mention of Darragh MacAnthony or MRI on their CV or websites is significantly missing… We wonder why.

The following was sent to an MRISG Forum member.


 

Martinez Echevarria

 

 

Dear Clients,

We are writing to you with the latest update regarding Silver Mountain Resort, constructed by MRI 2.

Previously we informed you of the fact that MRI had not fully completed the complex and had not obtained the final certificate – the Permission for Usage (Protocol 16).

This provoked some of the clients with signed title deeds to raise a claim before the court aimed at rescinding the title deed, suing MRI for refund of the price paid plus compensation for the damages caused.

Now we would like to confirm that the first court decision suing MRI for non-fulfillment of their obligation to fully construct Silver Mountain Resort is a fact. The clients suing MRI were resoluted to received the following payments from MRI:

1)     The full purchase price of the apartment paid by the clients;
2)     the full price of the furniture paid to MRI by the clients;
3)     the full membership payment for “Lifetime AfterSales”
4)     the guaranteed rental income due for 1 year under the Contract for rent of the apartment;
5)     the  penalty of 0,01% of the purchase price  per day for each day of delay in obtaining Protocol 16;
6)     all closing costs, paid by the clients for signing the title deed- stamp duty, land register agency fee and notary fee;
7)     legal fees and court tax deposited by the clients to sue MRI;

This is the first instance court decision which in principal is subjected to appeal. However, considering the grounding of the first instance court, there are no doubts that the second instance would confirm this decision.

In the meantime, there are no actions whatsoever on part of MRI Construction aimed at completing SM Resort. On the contrary, the apartments that were left unsold were mortgaged  in favor of another bank.

We strongly recommend you, having the recent Court decision in favor of the clients, and following our previous advice, to sue MRI for full refund. Having already the first decision in favor of the clients we believe that this is the most appropriate way of action, and the only way to recover all funds paid plus compensations.

We need to move fast and interdict assets of MRI2 as soon as possible at the same time we are starting the Court action. 
We are ready within the next 24 hours to answer whatever questions you may have.

Being your legal advisor at the signing of the deed, we hope that providing you the latest news and options available now is useful to you.

Should you have questions or decide to start legal actions, please, do not hesitate to contact us directly. 

Kind Regards,

Tsvetelina Marinova
Lawyer
MARTÍNEZ-ECHEVARRÍA, PÉREZ Y FERRERO, ABOGADOS
Moskovska, 17, 3rd floor. 1000 Sofia, Bulgaria.
Tel. +359. 24 019 510. Fax. +359. 24 019 511
www. martinezechevarria.com


Legal Opinion in Spain is that this is just Martinez-Enchevarria trying to, retrospectively, manufacture evidence that they have always working for the interests of their MRI clients.  Please note that the recipient of this letter has never been a client of Martinez-Enchevarria but was of Legal Independance…. Clear evidence they are one of the same company and are using the same client database.  Also note that this client clearly told Legal Independence he no longer wanted them acting for him due to finding out that Legal independence was part of the wider MacAnthony Scam.

Further there is no mention of which lawyers in Bulgaria have achieved this court action.  If it had indeed been Ms Marinova she would, presumably, have been very keen to inform potential clients of her achievements.

What this letter fails to note is that they know very well that MRIC have had their assets taken over by a Bank and MRI’s lawyers in Bulgaria, GUGUSHEV & PARTNERS, are now apparently administering disposal on behalf of the banks. If this is the case where would the Bulgarian court order the seizure of assets from even if they were to get people to appoint them to fight a case and win?

This looks like a desperate attempt to simply manufacture evidence, in hind sight, to defend themselves in a Class Criminal action to be brought by the MRISG members.

What do you think the motivation is?  Read it again and make your comments below.
If Martinez Enchevarria staff have any comment please make that below as e-mails attempting to rebut or challenge anything published on this website will be ignored.  The correct process is to post your rebuttal or corrections below.

MRI Credit Notes or Just Another Scam?

MRISG

MRISG

MRISG have received the following information about the Credit Note part of the MRI business.  The credit notes were issued to people for various reasons but mainly because MRI failed to fulfil their contractual commitments to ‘Customers’.

These credit notes could be surrendered when buying another property through MRI.  However, read the Pineapple Fields deal Dominic Pickering, who claims not to work for MacAnthony any more, arranged in July 2011despite all the MRI companies claiming to have folded or packed up trading in 2010.



Are You One Of These?

Problem Development Issue Date Credit Note € Credit Note $ Dollar Amount
Panarama Bay 10th May 09 €5,000.00
$7,100.00
Vila Verde 25th April 09 €6,000.00
$8,520.00
Melbourne / SCBR 6th June 09 €7,245.00
$10,287.90
Santa Venere 18th Nov 09 €18,000.00
$25,560.00
Jardines Del Sol 4th May 09
$27,000.00 $27,000.00
Panarama Bay 28th August 09 €19,700.00
$27,974.00
Greenfield 4th May 09 €20,000.00
$28,400.00
Vila Verde 5th May 09 €20,000.00
$28,400.00
Aldeia Formosa 14th May 09 €20,000.00
$28,400.00
Vila Verde 24th Sept 09 €21,000.00
$29,820.00
Villa Verde 4th May 09 €22,000.00
$31,240.00
Stek 15th Nov 09 €22,000.00
$31,240.00
Royal Park 21st August 09 €23,700.00
$33,654.00
Silver Mountain 02nd May 10 €24,446.00
$34,713.32
Residencial Don Juan II 15th June 09 €25,000.00
$35,500.00
Royal Heights 19th April 09 €26,000.00
$36,920.00
Pirin Suites 7th March 09 €27,000.00
$38,340.00
Tierra Del Sol 23rd August 09 €27,000.00
$38,340.00
Onyx 24th Sept 09 €28,500.00
$40,470.00
City Residence 25th August 09 €28,633.00
$40,658.86
Jardin del Sol 8th June 09 €29,000.00
$41,180.00
Portofino 9th May 09 €30,000.00
$42,600.00
Lazemia 27th Sept 09 €30,000.00
$42,600.00
Don Juan 20th April 09 €34,000.00
$48,280.00
San Jose 30th May 09 €34,000.00
$48,280.00
SMR 30th Apr 10 €35,000.00
$49,700.00
SCBR 30th June 10 €35,575.00
$50,516.50
City Residence 28th Nov 09 €35,786.00
$50,816.12
Topaz 28th August 09 €35,822.00
$50,867.24
City Residence 25th Nov 09 €35,998.00
$51,117.16
Portofino 11th May 09 €36,000.00
$51,120.00
St Ivan 19th August 09 €36,000.00
$51,120.00
Pirin Park 7th June 09 €37,000.00
$52,540.00
Giardino Mediterraneo 28th Oct 09 €39,000.00
$55,380.00
City Residence 2nd May 10 €39,439.00
$56,003.38
Aspen Valley 20th Sept 10 € 39,553.00
$56,165.26
Santa Venere 8th April 09 €39,947.42
$56,725.34
Adelaide 23rd Feb 09 €40,000.00
$56,800.00
Silver Mountain 24th Sept 09 €40,000.00
$56,800.00
Residential Bavaro 7th June 09
$57,000.00 $57,000.00
Blaconi Zi Zambrone 29th Oct 10 €40,480.00
$57,481.60
Blaconi Zi Zambrone 29th Oct 10 €40,480.00
$57,481.60
City Residence 25th August 09 €41,178.13
$58,472.94
SCBR 25th Feb 10 €42,115.50
$59,804.01
Santa Venere 16th May 09 €44,000.00
$62,480.00
Katarina Spa 7th June 09 €44,000.00
$62,480.00
SCBR 27th Feb 10 €44,100.00
$62,622.00
City Residence 30th August 09 €44,224.66
$62,799.02
City Residence 19th Sept 09 €44,803.00
$63,620.26
Porto Fino 14th May 09 €45,000.00
$63,900.00
SCBR 11th Mar 10 €45,100.00
$64,042.00
SCBR 29th Apr 10 €46,250.00
$65,675.00
Aspen Heights 25th Oct 09 €46,871.00
$66,556.82
Giardino Mediterraneo 28th Oct 09 €47,000.00
$66,740.00
SCBR 29th June 10 €47,900.00
$68,018.00
Blaconi Zi Zambrone 29th Oct 10 €48,400.00
$68,728.00
Blaconi Zi Zambrone 29th Oct 10 €48,400.00
$68,728.00
Santa Venere 20th April 09 €49,500.00
$70,290.00
Flamingo 6th April 09 €50,000.00
$71,000.00
Pirin Suites 1st June 09 €50,000.00
$71,000.00
SCBR 29th Apr 10 €83,400.00
$72,568.94
City Residence 13th August 09 €52,110.00
$73,996.20
Panorama Bay 2 20th Aug 09 €53,000.00
$75,260.00
Le Tercia Real 4th April 09 €56,000.00
$79,520.00
TDS 14th June €57,000.00
$80,940.00
Aldeia Formosa 19th April 09 €58,000.00
$82,360.00
Dom Rep 17th Nov 09 €59,700.00
$84,774.00
SCBR 2nd May 10 €62,888.00
$89,300.96
SCBR 1st Mar 10 €64,330.00
$91,348.60
City Residence 28th August 09 €64,500.00
$91,590.00
SMR- Deeds signed 26th June 10 €64,880.00
$92,129.60
City Residence 24th August 09 €64,885.20
$92,136.98
City Residence 24th August 09 €66,460.00
$94,373.20
SCBR 27th March 10 €68,000.00
$96,560.00
SCBR 28th Feb 10 €69,000.00
$97,980.00
City Residence 13th August 09
$100,000.00 $100,000.00
SCBR 17th Feb 10 €70,450.00
$100,039.00
SCBR 25th July 10 € 70,763.00
$100,483.46
SCBR 27th Apr 10 €71,000.00
$100,820.00
City Residence 26th Oct 09 €71,721.00
$101,843.82
Silver Mountain 27th July 10 €72,598.00
$103,089.16
SCBR 23rd Feb 10 €74,377.00
$105,615.34
Silver Mountain 26th July 10 €74,979.00
$106,470.18
Aspen Golf 10th Sept 10 €75,000.00
$106,500.00
Silver Mountain 06th May 10 €75,786.46
$107,616.77
Vila Verde 26th August 09 €76,000.00
$107,920.00
SCBR 12th Feb 10 €76,000.00
$107,920.00
SMR 28th Apr 10 €77,500.00
$110,050.00
SMR 1st May 10 €78,752.00
$111,827.84
SMR 1st May 10 €80,972.00
$114,980.24
SCBR 28th Apr 10 €83,500.00
$118,570.00
SCBR 25th June 10 €83,621.00
$118,741.82
Vila Verde 26th Oct 09 €84,000.00
$119,280.00
City Residence 23rd Sept 09 € 87,105.96
$123,690.46
SCBR 13th Mar 10 €88,785.00
$126,074.70
Silver Mountain 23rd Sept 09 €90,000.00
$127,800.00
Flamingo 26th August 09 €93,000.00
$132,060.00
Florida 19th April 09 €96,000.00
$136,320.00
Silver Mountain 26th July 10 €98,853.00
$140,371.26
Silver Mountain 25th July 10 € 99,603.00
$141,436.26
SCBR 27th June 10 €99,721.00
$141,603.82
SCBR 27th June 10 €100,500.00
$142,710.00
SCBR 28th Feb 10 €100,660.00
$142,937.20
Preserves 16th Nov 09 €106,000.00
$150,520.00
SCBR 27th June 10 €108,650.00
$154,283.00
Jardines Del Sol 10th May 09 €109,000.00
$154,780.00
SCBR 1st May 10 €109,710.00
$155,788.20
SCBR 24th Feb 10 €110,500.00
$156,910.00
Covera Golf 28th Nov 09 €127,000.00
$180,340.00
Aspen Suites 16th Nov 09 €129,708.00
$184,185.36
SCBR 29th Apr 10 €135,720.00
$192,722.40
Silver Mountain 23rd August 10 €135,844.00
$192,898.48
SCBR 28th Apr 10 €138,931.00
$197,282.02
SCBR 13th Feb 10 €142,814.00
$202,795.88
SCBR 28th Feb 10 €159,313.00
$226,224.46
SCBR 14th Mar 10 €172,981.00
$245,633.02
La Marinate & SCBR 20th March 09 / 27th March 10 €240,800.00
$341,936.00

—————————————————————–

Darragh MacAnthony

Darragh MacAnthony

Dominic Pickering

Dominic Pickering

Correct us if we are wrong Messrs Pickering and MacAnthony but we make this a total of $10,227,976.96 …  That is just over Ten and a Quarter Million Dollars owed to 117ecstatically happy customers who you have issued Credit Notes to.  To add insult to their injury many of those customers even had to pay to receive these, apparently, worthless credit notes. Mr Pickering you will note the dates so all were issued when you were CEO so don’t be shy, your opportunity to reply is below.

What is worse, in the opinion of the MRISG, is many still don’t know they have been victims or the MacAnthony Corporation and are still being bombarded with ‘unbeatable deals‘ by phone and e-mail to cash the credit notes in just to be ripped-off again.  Darragh have you offered any of them Free iPads  or just the  properties in Pineapple Fields with inflated prices?



MacAnthony Country

MacAnthony Country

If you are one of those unfortunate individuals who possess an MRI Credit Note you may want to read about the MRI Credit Note Deal with Pineapple Fields.

You may also want to join the MRI Support Group Members Only Forum.

If anyone knows any other resorts anywhere in the world where MRI are trying to offer properties to Credit Note victims contact the MRISG and we will investigate the validity and value of these offers.

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