2024-02-07 05:33:08
Lawyer Javier Ontan Ortiz JOSE PARDO
A ruling annuls this phase of a process that was stopped for 23 years
07 feb 2024 . Updated at 05:00 a.m.
A lawyer from Ferrol has just successfully unraveled a bank’s claim for an alleged debt from 26 years ago, which had already been paid. The client did not know anything about this process for 23 years and at the end of 2022 his accounts were seized for more than 5,000 euros due to this false non-payment, which is why he put the case in the hands of lawyers. Specifically, the legal services of the banking entity presented on October 17, 2022 a proposal for the settlement of interest accrued in the procedure that amounted to 19,648.09 euros.
The client objected and the bank counterattacked with a new proposal: this time for the amount of 17,037.23 euros, taking January 28, 1989 as the start of the term calculation, and June 27, 2022 as the end. That month In June, the client already suffered a seizure in his account of 5,008.42 euros, in which he was informed that 2,754.63 euros corresponded to the principal of the debt and 2,276.59 euros to the interest and costs of the execution. The curious thing about the case is that preparing the defense of this client, the Ferrol lawyer Javier Ontan, discovered that the debt had already been paid for almost three decades. Consequently, a court in Vigo has just recognized that his client did not have to face any payment and that the seizure was completely wrong.
Unfaithful delay of 23 years
The ruling mentions, in principle, that there is an unfair delay, since the procedure was without activity from 1992 to 2015, a total of 23 years, during which the executor did not request any action.
In addition, The court clarifies that the calculated interests are not applicable, challenging them in their entirety, and secondarily, that the amount owed for this concept would be 338.99 euros. Furthermore, the client’s lawyers managed to prove that the debt had already been settled on May 16, 1989 in the sum of 443,693 pesetas (2,666.65 euros), an amount that corresponds to the interest stipulated for this procedure. The court imposes the costs of the judicial process on the banking entity.
Javier Ontan, lawyer: If we do not oppose, they will simply seize
Javier Ontan Ortiz is the lawyer who handled the case. He is part of the Aneiros & Ontan law firm, based in Esteiro, and has experience in many battles of small consumers against the demands of large corporations, as is the case in this case.
The behavior of some banking entities that, like steamrollers, make abusive claims against individuals is truly worrying, explains a process of a client linked to Ferrol, but who had to start before the Court of First Instance of Vigo. Ontan reminds us of the importance of not being intimidated by the claims of entities that in some cases act by imposing conditions unilaterally. If we do not oppose this claim, my client will simply be seized,” he details. It seems like the scene of David against Goliath: individuals must know that they should not allow themselves to be defeated without putting up a fight, first seeing if it is worth starting the judicial process, naturally..
Filed in: Ferrol city Vigo city Delinquency
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