Living wounds of the monetary disaster | Economy | EUROtoday

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Many wounds attributable to the banking misconduct that led to the 2008 monetary disaster stay uncooked. There are victims who proceed to be trapped in lengthy litigation after shedding their financial savings and a part of their well being. The abuses haven’t been restricted to abuses in mortgages, however have consisted of incomprehensible contracts such because the so-called structured merchandise or swaps. The victims are people and small and medium-sized companies.

The operations have a standard ingredient. Banks took on extreme dangers and, to cowl themselves, handed them on to their purchasers. Behaviors which were massively condemned by the courts. Since 2012, the Provincial Courts have issued greater than 4,000 rulings on these merchandise, 80% of which had been favorable to prospects within the swaps and by 65% ​​in structured ones, based on the 2020 Fieldfisher Jausàs Observatory. In the Supreme Court, shopper successes exceeded 88% in 2019.

Behind the chilly numbers are tales of struggling of hundreds of individuals trapped in very high-risk operations. This is the case of José Miguel Martín de la Sierra, a small businessman from Palencia, who’s experiencing a real ordeal as a result of mixture of three merchandise (structured, swap and mortgage) that in 2006 was supplied by Banco de Castilla, a subsidiary of Banco Popular, in the present day Banco de Santander. The details are within the ruling of the Provincial Court of Madrid of April 28, 2023, which annulled “all investment and financing contracts” and compelled the events to return the issues that had been the topic of the contract. The financial institution appealed to the Supreme Court.

Martín de la Sierra, 72 years previous, explains: “They tricked me. I have spent my life working since I was 14 years old. With my efforts I set up a food distribution company. I always worked with Banco de Castilla and I trusted the director because he had sometimes helped me. They proposed an investment of 300,000 euros over five years, which the same bank lent me and assured that it was only for the best clients, the VIPs. In 2011 it turned out that the investment was only worth 45,000 euros and I owed the bank 255,000. Then I felt lost, I was very afraid and I didn't say anything to anyone or my family. The bank renewed my loans. There have been many sleepless nights. I have had several cancers. In 2017, when I was sick, my children took me to a lawyer.”

The Court depends on “a similar assumption” from the Supreme Court of March 2023, which established that with this contract “the client could not obtain positive results, but could obtain substantial losses.” However, based on the financial institution, the shopper knew of the danger. “There was no wrong mental representation about the risks of the structure,” the ruling signifies.

Lawyer Fernando Zunzunegui, president of Finsalud, an entity that investigates the consequences of banking abuses on well being, took the case. He maintains that “it was a common antisocial practice in banks that went to clients and transferred the risk they had in their portfolios to them.” It is unjustifiable that entities proceed to pull out lawsuits with sources.

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