EUC Costa Esuri. Class action
Jun 3rd 2014 | 4:39 am
#16
Just Joined
Joined: Mar 2011
Posts: 16
Re: EUC Costa Esuri. Class action
Hi everyone,
I am Pablo Vicente, a Spanish attorney and economist and a partner in Vicente & Matanza Asesores y Consultores, a law firm based in Valladolid (Spain). Although I am not British (pardon the intrusion), I also have a lot of interests in Costa Esuri since my family is the owner of an apartment there. I write this post in order to let you know of our intention to begin a class action against the EUC Costa Esuri and the Ayamonte Council
A few neighbors asked me some months ago about whether it is legal or not the EUC Costa Esuri and the extra tax (“the maintenance feeâ€) we are paying. My firm’s partners and I have been studying the issue for some time and we have come to the conclusion that it is not. There are so many arguments that support this conclusion, and not only because of the formalities that made the EUC illegal since the very beginning, but also because of the many underlying reasons. The law in Spain is on our side, and above all, and more important, the case-law and the decisions of the Spanish Supreme Court. As you may know, Spain is a civil law country (not a common law one), but stare decisis is being increasingly important and no Court would rule against it.
Therefore, we have the determination to initiate legal actions against the EUC and the Ayamonte Council. We have been working on this case for some time already, and we strongly believe we can win. We got a YES from some of the neighbors, but we need to involve a lot of people, since otherwise it would be impossible because of the high cost of such a proceeding. We can all benefit from this, the more we are, the less expensive would be for any and all of us.
I know you may have some doubts. At this point we just want that people know about this potential class action in case you want to join it. We will go to Costa Esuri by the end of June to have some contacts with the different communities and intercommunities. We will also hold a meeting that we will announce promptly to give all the information and to resolve the doubts of those who want to attend.
Thank you for your consideration.
Kind regards,
Pablo Vicente.
I am Pablo Vicente, a Spanish attorney and economist and a partner in Vicente & Matanza Asesores y Consultores, a law firm based in Valladolid (Spain). Although I am not British (pardon the intrusion), I also have a lot of interests in Costa Esuri since my family is the owner of an apartment there. I write this post in order to let you know of our intention to begin a class action against the EUC Costa Esuri and the Ayamonte Council
A few neighbors asked me some months ago about whether it is legal or not the EUC Costa Esuri and the extra tax (“the maintenance feeâ€) we are paying. My firm’s partners and I have been studying the issue for some time and we have come to the conclusion that it is not. There are so many arguments that support this conclusion, and not only because of the formalities that made the EUC illegal since the very beginning, but also because of the many underlying reasons. The law in Spain is on our side, and above all, and more important, the case-law and the decisions of the Spanish Supreme Court. As you may know, Spain is a civil law country (not a common law one), but stare decisis is being increasingly important and no Court would rule against it.
Therefore, we have the determination to initiate legal actions against the EUC and the Ayamonte Council. We have been working on this case for some time already, and we strongly believe we can win. We got a YES from some of the neighbors, but we need to involve a lot of people, since otherwise it would be impossible because of the high cost of such a proceeding. We can all benefit from this, the more we are, the less expensive would be for any and all of us.
I know you may have some doubts. At this point we just want that people know about this potential class action in case you want to join it. We will go to Costa Esuri by the end of June to have some contacts with the different communities and intercommunities. We will also hold a meeting that we will announce promptly to give all the information and to resolve the doubts of those who want to attend.
Thank you for your consideration.
Kind regards,
Pablo Vicente.
You have my support!
Jun 3rd 2014 | 7:00 am
#17
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Joined: Oct 2005
Posts: 2,377
Re: EUC Costa Esuri. Class action
AliceB has described the situation exactly as I/we understand it.
And EsuriJohn has described well the concern that any non-payer of the EUC might have. In having paid for a considerable period and then defaulted once, perhaps he was an easier target for the Ayuntamiento to find than anyone who hasn't paid the EUC from the outset.
Those principled people who refuse to pay this allegedly illegal tax may be keen to further vindicate their stance by checking their status at the Servicio de Gestión Tributaria de Huelva website at www.sgth.es.
By clicking the 'Pago de Impuestos' link on the yellow menu, and then clicking on your own bank logo from the choice then appearing, and subsequently entering your account details, anyone can check the status of their tax payments (IBI, Renta, etc). It is interesting to note that the EUC tax doesn't appear in that summary....whether paid or unpaid.
We are not expert at the minutiae of the workings of this site, or how the 'connection' between the public sector offices and the banks actually works, so maybe we're missing something.
Maybe someone else has explored more deeply and can offer further evidence one way or the other about how and where any EUC payments are recorded and administered? Or maybe our new legal friend Pablo can offer an overview or comment?
And EsuriJohn has described well the concern that any non-payer of the EUC might have. In having paid for a considerable period and then defaulted once, perhaps he was an easier target for the Ayuntamiento to find than anyone who hasn't paid the EUC from the outset.
Those principled people who refuse to pay this allegedly illegal tax may be keen to further vindicate their stance by checking their status at the Servicio de Gestión Tributaria de Huelva website at www.sgth.es.
By clicking the 'Pago de Impuestos' link on the yellow menu, and then clicking on your own bank logo from the choice then appearing, and subsequently entering your account details, anyone can check the status of their tax payments (IBI, Renta, etc). It is interesting to note that the EUC tax doesn't appear in that summary....whether paid or unpaid.
We are not expert at the minutiae of the workings of this site, or how the 'connection' between the public sector offices and the banks actually works, so maybe we're missing something.
Maybe someone else has explored more deeply and can offer further evidence one way or the other about how and where any EUC payments are recorded and administered? Or maybe our new legal friend Pablo can offer an overview or comment?
Jun 3rd 2014 | 7:07 am
#18
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Joined: Oct 2005
Posts: 2,377
Re: EUC Costa Esuri. Class action
... the Town Hall and MF set up the EUC to cover this cost. Whether or not this was legal is beyond my legal expertize. What I would say, however, is that the manner in which the EUC has been run seems to me to be highly suspect.
It then boils down to whether of not the costs involved in maintaining the urbanisation should have been provided by the Town Hall. If there were services provided which are above those that should reasonably have been provided from our local taxes, then somebody else has to pay for these. What concerns me is that if there is now a legal battle over this issue, there is a danger that no maintenance will be provided at all, and that those areas of the urbanisation that are outside those covered by the Communities/Intercommunities will in time deteriorate very badly....
It then boils down to whether of not the costs involved in maintaining the urbanisation should have been provided by the Town Hall. If there were services provided which are above those that should reasonably have been provided from our local taxes, then somebody else has to pay for these. What concerns me is that if there is now a legal battle over this issue, there is a danger that no maintenance will be provided at all, and that those areas of the urbanisation that are outside those covered by the Communities/Intercommunities will in time deteriorate very badly....
Jun 3rd 2014 | 8:36 am
#19
Just Joined
Joined: Mar 2011
Posts: 16
Re: EUC Costa Esuri. Class action
We also meant to acknowledge that Carol Taff makes a good point here as well. However, it is worth reminding everyone that we ALREADY PAY a higher rate of IBI for services beyond the 'normal' Ayamonte-based taxpayer. And so the argument we are being asked to pay twice (or is it three times, given the payment to Giahsa as well?) for a single set of services still stands.
Jun 3rd 2014 | 8:58 am
#20
BE Enthusiast
Joined: Oct 2004
Posts: 615
From: Shenfield, Essex
Re: EUC Costa Esuri. Class action
AliceB has described the situation exactly as I/we understand it.
And EsuriJohn has described well the concern that any non-payer of the EUC might have. In having paid for a considerable period and then defaulted once, perhaps he was an easier target for the Ayuntamiento to find than anyone who hasn't paid the EUC from the outset.
Those principled people who refuse to pay this allegedly illegal tax may be keen to further vindicate their stance by checking their status at the Servicio de Gestión Tributaria de Huelva website at www.sgth.es.
By clicking the 'Pago de Impuestos' link on the yellow menu, and then clicking on your own bank logo from the choice then appearing, and subsequently entering your account details, anyone can check the status of their tax payments (IBI, Renta, etc). It is interesting to note that the EUC tax doesn't appear in that summary....whether paid or unpaid.
We are not expert at the minutiae of the workings of this site, or how the 'connection' between the public sector offices and the banks actually works, so maybe we're missing something.
Maybe someone else has explored more deeply and can offer further evidence one way or the other about how and where any EUC payments are recorded and administered? Or maybe our new legal friend Pablo can offer an overview or comment?
And EsuriJohn has described well the concern that any non-payer of the EUC might have. In having paid for a considerable period and then defaulted once, perhaps he was an easier target for the Ayuntamiento to find than anyone who hasn't paid the EUC from the outset.
Those principled people who refuse to pay this allegedly illegal tax may be keen to further vindicate their stance by checking their status at the Servicio de Gestión Tributaria de Huelva website at www.sgth.es.
By clicking the 'Pago de Impuestos' link on the yellow menu, and then clicking on your own bank logo from the choice then appearing, and subsequently entering your account details, anyone can check the status of their tax payments (IBI, Renta, etc). It is interesting to note that the EUC tax doesn't appear in that summary....whether paid or unpaid.
We are not expert at the minutiae of the workings of this site, or how the 'connection' between the public sector offices and the banks actually works, so maybe we're missing something.
Maybe someone else has explored more deeply and can offer further evidence one way or the other about how and where any EUC payments are recorded and administered? Or maybe our new legal friend Pablo can offer an overview or comment?
Jun 3rd 2014 | 9:18 am
#21
Thread Starter
Forum Regular
Joined: Jun 2014
Posts: 31
Re: EUC Costa Esuri. Class action
AliceB has described the situation exactly as I/we understand it.
And EsuriJohn has described well the concern that any non-payer of the EUC might have. In having paid for a considerable period and then defaulted once, perhaps he was an easier target for the Ayuntamiento to find than anyone who hasn't paid the EUC from the outset.
Those principled people who refuse to pay this allegedly illegal tax may be keen to further vindicate their stance by checking their status at the Servicio de Gestión Tributaria de Huelva website at www.sgth.es.
By clicking the 'Pago de Impuestos' link on the yellow menu, and then clicking on your own bank logo from the choice then appearing, and subsequently entering your account details, anyone can check the status of their tax payments (IBI, Renta, etc). It is interesting to note that the EUC tax doesn't appear in that summary....whether paid or unpaid.
We are not expert at the minutiae of the workings of this site, or how the 'connection' between the public sector offices and the banks actually works, so maybe we're missing something.
Maybe someone else has explored more deeply and can offer further evidence one way or the other about how and where any EUC payments are recorded and administered? Or maybe our new legal friend Pablo can offer an overview or comment?
And EsuriJohn has described well the concern that any non-payer of the EUC might have. In having paid for a considerable period and then defaulted once, perhaps he was an easier target for the Ayuntamiento to find than anyone who hasn't paid the EUC from the outset.
Those principled people who refuse to pay this allegedly illegal tax may be keen to further vindicate their stance by checking their status at the Servicio de Gestión Tributaria de Huelva website at www.sgth.es.
By clicking the 'Pago de Impuestos' link on the yellow menu, and then clicking on your own bank logo from the choice then appearing, and subsequently entering your account details, anyone can check the status of their tax payments (IBI, Renta, etc). It is interesting to note that the EUC tax doesn't appear in that summary....whether paid or unpaid.
We are not expert at the minutiae of the workings of this site, or how the 'connection' between the public sector offices and the banks actually works, so maybe we're missing something.
Maybe someone else has explored more deeply and can offer further evidence one way or the other about how and where any EUC payments are recorded and administered? Or maybe our new legal friend Pablo can offer an overview or comment?
I can give my personal experience. My family bought our house in 2008, but since that year we were never required to pay either the IBI or the EUC maintenance fee, even when the sale contract was done legally, with a notary and registered properly. It was not until we went to the "Catastro" and the Ayamonte council in 2012 voluntarily to declare this apartment was ours and put it in our name (again) that we were required to pay the IBI and the EUC payment. In this case, we were required to pay the IBI since 2009 (although without any overcharge since we declare voluntarily), but we were never asked to pay the EUC maintenace fee of the prior years.
I hope this helps.
Jun 3rd 2014 | 5:15 pm
#22
BE Positive
Joined: Sep 2005
Posts: 3,984
Re: EUC Costa Esuri. Class action
Well, the thing is that the EUC payment is not a public tax, it is not even a tax, but a fee called "tasa" or "cuota de conservación/urbanización" (like a private tax). It was imposed by the EUC on the 31th December 2008 on the first EUC General Meeting when everyone there (Ayamonte representatives, Fadesa representatives and a few others called to that meeting...) voted for it. (I was not there, I just saw it in the minutes of that meeting during my research). Thus, it was declared as binding for everybody and the power to collect it was given by delegation to the "Agencia Tributaria" with the implied power to enforce it and any non-payments (this delegation is one of the very few things legal in this story). In this situation, Hacienda has the ability to cross data, but the fact is that everything is such a mess (we say in Spanish a "totum revolutum"), that there may be apartments and owners not registered as so in the "catastro" and in the EUC Registry. I guess there is still the initial division made by the "Plan Parcial Sector nº1 de Puente Esuri" and sometimes they find iimpossible to cross data.
I can give my personal experience. My family bought our house in 2008, but since that year we were never required to pay either the IBI or the EUC maintenance fee, even when the sale contract was done legally, with a notary and registered properly. It was not until we went to the "Catastro" and the Ayamonte council in 2012 voluntarily to declare this apartment was ours and put it in our name (again) that we were required to pay the IBI and the EUC payment. In this case, we were required to pay the IBI since 2009 (although without any overcharge since we declare voluntarily), but we were never asked to pay the EUC maintenace fee of the prior years.
I hope this helps.
I can give my personal experience. My family bought our house in 2008, but since that year we were never required to pay either the IBI or the EUC maintenance fee, even when the sale contract was done legally, with a notary and registered properly. It was not until we went to the "Catastro" and the Ayamonte council in 2012 voluntarily to declare this apartment was ours and put it in our name (again) that we were required to pay the IBI and the EUC payment. In this case, we were required to pay the IBI since 2009 (although without any overcharge since we declare voluntarily), but we were never asked to pay the EUC maintenace fee of the prior years.
I hope this helps.
I think its clear from the discussion that there are grave concerns about the EUC. Nothing new there! I have no legal expertise, but I would pay 1 years maintenance to put them to the test legally. Even if it turns out that we were wrong in our concerns. So I salute the initiative to take them to court. I hope in the event that we go ahead, others will also put their money down as well as talking about it.
CERA was originally set up properly and legally to 'take on' the EUC and also represent residents needs. One huge disappointment for me was that it was IMO 'scuppered'. I mentioned this here http://britishexpats.com/forum/showp...02&postcount=1 The new CERA board - I hope and believe - are going back to the original objectives and will become a true residents association. I contacted CERA yesterday about this (they already knew) and they will discuss at today's meeting. If we take on this 'colossus' of the EUC/Town hall - we need 1) a properly targeted plan/strategy - from (2) a single group - with (3) the backing of the residents. For me there is only 1 option for that (today - see below) = CERA. I think we have to be careful not to overpromise/underdeliver. Whilst I would love to have all our Direct Debit (DD) payments of the EUC charge returned. I cant see where it would come from, and I cant set any personal expectation that we will ever see that money. Especially with the timescales involved to get anything done - let alone a legal case. Though of course I will take it if it turns out that EUC is proved to be illegal, and the money was found 'somewhere'. Return of payments taken by an illegal organisation has to be a major objective as part of the overall legal strategy If they win any case, then we have to accept their legality. However I would pay 1 years EUC fee - just to see them taken to court and hopefully proved illegal, appropriate punishments made and a stop to the on-going payments. Anything extra like return of payments is icing on the very tasty cake! If CERA go ahead and there is a proper plan... I will continue the DD - whilst EUC are tested in court... and will also pay 1 years EUC to the lawsuit fund. But CERA is my gatepost... I trust them to analyse this and make a recommendation. I am not selling them here - but feel they need to given the chance to either run this or recommend this initiative. Without their backing, I wont be involved. If 'New-CERA' goes the way of the old one... I really hope not... then I will re-examine options and would still be open to paying 1 years EUC fee for a legal action against them, with a properly targeted programme with the backing of a good group of residents and a good legal teamJon
Last edited by Jon-Bxl; Jun 3rd 2014 at 5:26 pm.
Jun 3rd 2014 | 7:11 pm
#23
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Joined: Oct 2005
Posts: 2,377
Re: EUC Costa Esuri. Class action
I welcome all the replies that I have read on this forum regarding the EUC. It is good to have information and discussion.
Jun 4th 2014 | 12:02 am
#24
Forum Regular
Joined: Jun 2007
Posts: 85
Re: EUC Costa Esuri. Class action
Jon, sounds and looks like a pretty HARD SELL... which can tend to have the opposite effect to a lot of people... best leave individuals to make up their own minds.
Not everyone wants to "join your group"
You seem pretty keen to force this action down this path - it will have a detrimental effect on the initial proposal made by Pablo Vicente, who after all is a legal representative and undoubtedly knows a thing or two about how to proceed along this route.
Why not let Pablo proceed and let people decide how they want to proceed with him, no need to force the issue Jon.
Not everyone wants to "join your group"
You seem pretty keen to force this action down this path - it will have a detrimental effect on the initial proposal made by Pablo Vicente, who after all is a legal representative and undoubtedly knows a thing or two about how to proceed along this route.
Why not let Pablo proceed and let people decide how they want to proceed with him, no need to force the issue Jon.
Jun 4th 2014 | 12:35 am
#25
BE Positive
Joined: Sep 2005
Posts: 3,984
Re: EUC Costa Esuri. Class action
Jon, sounds and looks like a pretty HARD SELL... which can tend to have the opposite effect to a lot of people... best leave individuals to make up their own minds.
Not everyone wants to "join your group"
You seem pretty keen to force this action down this path - it will have a detrimental effect on the initial proposal made by Pablo Vicente, who after all is a legal representative and undoubtedly knows a thing or two about how to proceed along this route.
Why not let Pablo proceed and let people decide how they want to proceed with him, no need to force the issue Jon.
Not everyone wants to "join your group"
You seem pretty keen to force this action down this path - it will have a detrimental effect on the initial proposal made by Pablo Vicente, who after all is a legal representative and undoubtedly knows a thing or two about how to proceed along this route.
Why not let Pablo proceed and let people decide how they want to proceed with him, no need to force the issue Jon.
Pablo will proceed as he wishes, of course, and like everyone else, I will read any proposal with interest... and hope it gets the OK from CERA.
Having had a very upsetting experience with our lawyer for our CE purchase, and being away from CE, and being wary of lawyers, I personally need some sort of confirmation of his plans from someone 'on the ground'/'in the know' and personally feel that our residents association are the ones to give it - they have legal people on board. Their feedback of this legal proposal, that will affect us all, is nothing to do with being in a 'group'... its their judgement I need for this - not their camaraderie.
I'm sure that Pablo is totally professional and capable, but I also think this is also a hard sell saying that we will get our money back too... The money is spent, the council is in debt and the only way to get the dosh that I can see is by raising taxes in Ayamonte, that will not make us in CE very popular. Or perhaps there is another way to return what millions(?) over the past few years?
The original post was (to me) a kind of like a 'cold call' as well. But of course each person will have their own criteria to decide on this. My personal ultimate goal is to get the EUC into a court and in front of a judge... and as I said getting a refund isn't my personal primary goal... but needs to be part of the legal strategy (which Pablo has confirmed.)
After all, if its a good proposal there's no need for CERA to shoot it down... and then I'm reaching for my checkbook! But if that were to happen, then I'm sure many people will join the group taking EUC to court...
Jon
Jun 4th 2014 | 12:00 pm
#26
Forum Regular
Joined: May 2013
Posts: 48
Re: EUC Costa Esuri. Class action
Jon, sounds and looks like a pretty HARD SELL... which can tend to have the opposite effect to a lot of people... best leave individuals to make up their own minds.
Not everyone wants to "join your group"
You seem pretty keen to force this action down this path - it will have a detrimental effect on the initial proposal made by Pablo Vicente, who after all is a legal representative and undoubtedly knows a thing or two about how to proceed along this route.
Why not let Pablo proceed and let people decide how they want to proceed with him, no need to force the issue Jon.
Not everyone wants to "join your group"
You seem pretty keen to force this action down this path - it will have a detrimental effect on the initial proposal made by Pablo Vicente, who after all is a legal representative and undoubtedly knows a thing or two about how to proceed along this route.
Why not let Pablo proceed and let people decide how they want to proceed with him, no need to force the issue Jon.
Jun 4th 2014 | 12:07 pm
#27
Forum Regular
Joined: May 2013
Posts: 48
Re: EUC Costa Esuri. Class action
Personally I feel that it's wrong to put all our faith in cera, they have proven to be a waste of space in the past..... Only interested in fundraising events.... I do agree with Jon that the new board looks on paper to be better and having spoken to some of them I see they have good intention but I agree with Alice, this should be based on an individual property basis, we need as many people involved individually as possible. I do think cera should be involved but I also think if just left to them it wouldn't work.... We have a professional legally qualified guy here willing to front this action and we should all embrace this offer and support him fully.
Jun 4th 2014 | 10:06 pm
#28
BE Positive
Joined: Sep 2005
Posts: 3,984
Re: EUC Costa Esuri. Class action
Personally I feel that it's wrong to put all our faith in cera, they have proven to be a waste of space in the past..... Only interested in fundraising events.... I do agree with Jon that the new board looks on paper to be better and having spoken to some of them I see they have good intention but I agree with Alice, this should be based on an individual property basis, we need as many people involved individually as possible. I do think cera should be involved but I also think if just left to them it wouldn't work.... We have a professional legally qualified guy here willing to front this action and we should all embrace this offer and support him fully.
I've decided personally that I will join this lawsuit once CERA give their OK. And I have my wallet out and ready, and its not that thin either!
We've had so many disappointments in CE, that I personally don't want to immediately jump on board a legal action, proposed on the forum from someone who may be the best lawyer in the world. Its business, I think there is a possibility (only) that the OP was a 'cold call' for business.. I think there was a heavy sell as well promising return of all that we paid... if we join in and pay up.
There's nothing wrong in this ... you have to start somewhere... and as I said I 'salute this initiative'.
Others will have different decision criteria.. great! And we still need to see a proper proposal for this ... which is more than grand promises to return millions. I still don't see where this money would come from... Hence... I am cautions of a possible hard sell. You only have to turn the TV on to get bombarded with ads for lawyers offering so much
I would pay at least a years EUC charge to see them in court, and be tested properly. Even if we fail! But we need a strategy for this that makes sense.
I really hope Pablo and his company are the people to take this on.. but I personally need some confirmation that this is the right path. All CERA have to do is say that this is OK... nothing else.
Otherwise I'll have expectations again and pay money and possibly get burned.. again!
Jon
PS I know quite a few Esurians and I don't know one person that would be in any way 'forced' by me even in face to face discussions. Let alone on a public forum on a topic as big as this... they are all big boys and girls with their own minds...
Jun 4th 2014 | 10:30 pm
#29
Thread Starter
Forum Regular
Joined: Jun 2014
Posts: 31
Re: EUC Costa Esuri. Class action
[...]We've had so many disappointments in CE, that I personally don't want to immediately jump on board a legal action, proposed on the forum from someone who may be the best lawyer in the world. Its business, I think there is a possibility (only) that the OP was a 'cold call' for business.. I think there was a heavy sell as well promising return of all that we paid... if we join in and pay up.
There's nothing wrong in this ... you have to start somewhere... and as I said I 'salute this initiative'.
Others will have different decision criteria.. great! And we still need to see a proper proposal for this ... which is more than grand promises to return millions. I still don't see where this money would come from... Hence... I am cautions of a possible hard sell. You only have to turn the TV on to get bombarded with ads for lawyers offering so much
I would pay at least a years EUC charge to see them in court, and be tested properly. Even if we fail! But we need a strategy for this that makes sense.
I really hope Pablo and his company are the people to take this on.. but I personally need some confirmation that this is the right path. All CERA have to do is say that this is OK... nothing else.
Otherwise I'll have expectations again and pay money and possibly get burned.. again!
Jon
There's nothing wrong in this ... you have to start somewhere... and as I said I 'salute this initiative'.
Others will have different decision criteria.. great! And we still need to see a proper proposal for this ... which is more than grand promises to return millions. I still don't see where this money would come from... Hence... I am cautions of a possible hard sell. You only have to turn the TV on to get bombarded with ads for lawyers offering so much
I would pay at least a years EUC charge to see them in court, and be tested properly. Even if we fail! But we need a strategy for this that makes sense.
I really hope Pablo and his company are the people to take this on.. but I personally need some confirmation that this is the right path. All CERA have to do is say that this is OK... nothing else.
Otherwise I'll have expectations again and pay money and possibly get burned.. again!
Jon
I just wanted to clarify a point, I did not promise that you will receive everything you have paid, I never do that in my profession. I said literally "we are going to ask not only to stop payments of the “feeâ€, but also to have back all the money already paid plus interests (or the cancellation of any debt incurred) for all of you." (see my post in first page). I think there is a difference between asking and promising. On the other hand, this iwould be the inevitably consequence of suing the EUC and the fee, so if we prevail in the lawsuit, and the fee is declared illegal, void since the very beginning, the Court necessary would declare and force the Ayamonte Council to pay all the fees already paid. That´s it.
Jun 4th 2014 | 10:42 pm
#30
BE Positive
Joined: Sep 2005
Posts: 3,984
Re: EUC Costa Esuri. Class action
Again, thanks to you all for contributions and this initial welcome and support to this initiative. All these comments help me even more and encourage me in my engagement with you and this class action.
I just wanted to clarify a point, I did not promise that you will receive everything you have paid, I never do that in my profession. I said literally "we are going to ask not only to stop payments of the “feeâ€, but also to have back all the money already paid plus interests (or the cancellation of any debt incurred) for all of you." (see my post in first page). I think there is a difference between asking and promising. On the other hand, this iwould be the inevitably consequence of suing the EUC and the fee, so if we prevail in the lawsuit, and the fee is declared illegal, void since the very beginning, the Court necessary would declare and force the Ayamonte Council to pay all the fees already paid. That´s it.
I just wanted to clarify a point, I did not promise that you will receive everything you have paid, I never do that in my profession. I said literally "we are going to ask not only to stop payments of the “feeâ€, but also to have back all the money already paid plus interests (or the cancellation of any debt incurred) for all of you." (see my post in first page). I think there is a difference between asking and promising. On the other hand, this iwould be the inevitably consequence of suing the EUC and the fee, so if we prevail in the lawsuit, and the fee is declared illegal, void since the very beginning, the Court necessary would declare and force the Ayamonte Council to pay all the fees already paid. That´s it.
Also for answering my earlier question that the Ayamonte council would have to pay us back... if we prevail. This point is very important to me.
Believe me.... I really hope to see you put the EUC in front of a judge! I just am not 'man-enough' to sign up right away and need some 'hand holding'! That is simply a confirmation (for me personally) from CERA. 'Nuff said.
Good luck
Jon
