RTN South Edition 620

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SOUTH EDITION

Issue 620

02 - 08 Sept 2011

Home a loan by Jack Troughton DESPERATE EXPAT Mike Kemp continues to battle with Barclays despite the bank refusing to take responsibility for issuing a mortgage on his illegal home. The former politician and company director was granted a 100,000€ mortgage by the banking giant’s Spanish wing in 2005 – only to find he had purchased one of an estimated 1,200 outlawed dwellings in Catral, Alicante. Mike went to Barclays because he believed the multinational would carry out stringent checks before advancing money – and holds the main board of directors in London ultimately responsible for the “illegal mortgage”. And he has just received an “unsatisfactory” explanation from Barclays – the first reply “from anyone in authority in the UK,” despite sending a string of letters to directors and a ‘one man’ demonstration outside the bank’s annual general meeting last year. Barclays spokesman Alan White said the mortgage was issued based against the certificate provided by the technical architect engaged by the vendor and developer of the home. He said: “This clearly demonstrates that the property was over five years old at the time of purchase, and therefore the property complied with one of the main requirements of Spanish property law, in order to be legalised. BANK

Horns of a dilemma TORO AND ‘toromentor’ ended up in the drink after this display of aerobatics at the traditional Javea fiesta of ‘Bous a la Mar’ this week. The aim is to commit the bull – actually a heifer in this photograph – to a charge that ends with the animal toppling into the sea. Part of the celebrations of the Virgen de Loreto, the horns were very close when the antagonist needed to take swift evading action.

“As such the Bank has acted in accordance with Spanish law, and the bank cannot be held responsible for any inaccuracies contained within the certificate. “In the light of the foregoing conclusion that Barclays was not responsible for the classification of your property, you may wish to bring matters to the attention of other parties responsible for the details provided at the time of sale.” He said the complaint was fully investigated from the UK. “The customer is not likely to like the resolution – he wants someone

to be responsible. Do I think it is Barclays? On this occasion I do not think it is.” Mike told RTN – and has replied to Barclays – with a document issued by the Mayor of Catral proving his home was not over five years old and was illegal. And he asked why Barclays took notice of a survey “which Barclays Spain arranged and I paid for” which clearly stated the house was illegal – as well as an aerial photograph showing now building existed prior to 2004 when the foundations were laid. Mike said since his story first appeared he had been contacted by other expats across Spain granted loans to buy property classified as illegal. BOARD “In America when there was the BP oil leak, the authorities did not go to the managing director in America but straight to the main board of directors in Spain – I am doing the same thing because I have had no satisfaction in Spain,” he said. He believes there has been a “cover up” in Madrid and holds the parent company ultimately responsible. “Banks outside of the UK should operate under the same rules of honesty, credibility and transparency.” Mike has already begun legal proceedings against Barclays in Spain. If successful he said it could “open the floodgates” of people taking action against banks in Spain. And he said if he was given “the run around” by the Spanish legal system, he had been offered financial backing to take his fight to the English courts. “These banks should not get away with virtually making people, some of them pensioners, bankrupt and causing them to lose all their life savings,” said Mike. “In my case if Barclays had done their job correctly I would not be in this position and I believe I was let down by corruption, greed and a flippant attitude when my mortgage was issued.”


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