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Thegonnec
Thegonnec, Industrial Tribunal Judge
Category: European Law
Satisfied Customers: 15
Experience:  11 years experience as a judge with Paris Industrial Tribunal
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I had a leasing mortgage against a commercial property in Portugal.

Customer Question

I had a leasing mortgage against a commercial property in Portugal. In 2012 we were in difficulty with re-payments of the rent. We agreed with the Credit institution/Ombudsman to pay the interest only which accrued for 2012. This was paid in February 2013 as agreed. The credit Institution then prepared a new 1 year proposal for the rental payments against the lease. We still have 12 years left against the lease. The 1 year proposal was a temporary solution. However it was not prepared correctly. The Credit institution had changed our Euribor as well as the spread. They instigated further clauses to the contract. The emails which we received during the time of the re-structuring of the contract from the Credit institutions recovery department were cryptic. They were illegible. Unfortunately we had to file a complaint to the Banks Ombudsman. Anyhow trying to give you the short version of what has happened to us is very difficult. We refused to sign the 1 year proposal because the changes were not appropriate according to a 1 year proposal. Our case was then moved to their ligation department. We were then introduced to the Credit Institutions Lawyer. We then entered into a new proposal for an extended contract which was correct as per the changes the Credit institution wanted to add to the new contract. As per the banking laws the proposal should have come in the form of a written simulation of the new proposal. This did not happen, we requested it many times by email and by telephone, but they only told us verbally by telephone of the extended contract. We then filed a complaint with the Bank of Portugal. By law our complaint should have been registered in the Banking portal within 2 working days. Our complaint was never registered. The complaint consisted of the Credit Institutions misconduct. The illegible emails, complaints to the Ombudsman, errors with the restructuring of the leasing contract. many, many issues. We have a copy of the complaint, and its registered number from the Bank of Portugal's Portal. The events after our complaint to the Bank of Portugal are questionable?. The complaint is dated 14th August 2013. The Credit Institution cancelled our lease on the 3rd September using a letter they had sent to us in June. After this letter in June we entered into new negotiations with their litigation team, therefore the letter had expired. We then filed a complaint against the Bank of Portugal with the Providor de Justice. On the 30th September we received an injunction order. We had 10 days in which to reply. We hired a lawyer and after going over everything he advised us that we should enter an appeal as our leasing contract had a clause which entitled us to compensation for all the works we had done to the property. The work to the property was 120K. He also advised that we could have further compensation for the misconduct of the Credit Institution. We were more than happy to go to court. We sent our Lawyer all of the invoices for the work done to the Property and the invoice for the architect. Our Lawyer did not enter an appeal on our behalf. We did not get our chance to go to court. Why, we do not know as our Lawyer is now very evasive. He has not answered our many questions as both the Credit Institution and our lawyer has now violated the Civil Code of Procedure. Our Injunction order is top secret within the Court of Tribunal. We cannot get an answer from anyone. I have tried to contact other Lawyers in Portugal, but I always receive the same reply. They cannot take my case due to a conflict of interest. Now we have come home to the UK for Christmas with our family and we are being bombarded with emails from our Lawyer asking that we transfer money to pay the rent on the property for November and December as the Credit Institution needs some reassurance that we will sign the new contract in the New Year. We just feel now at this stage all is not right. We no longer have a lease contract, but we still have the keys to the Property. I wanted to take my case to the Human Rights court of Justice, reference Protocol 1, protection of Property. However without first having the chance to take my case to court, I do not know if I can still do this. I was denied this opportunity because of the negligence of my Lawyer. As I have explained this is the short version. I have many emails to prove my willingness to resolve the re-negotiation of my leasing contract. The Credit Institution made so many mistakes, I feel that it was my right to point these errors out to them. Now I believe that my Lawyer was working with the Credit Institution and not for me.

I have asked my Lawyer on many occasions to inform me of any changes to the new contract which differ to the original. The obvious I can recognize myself like the Euribor and the spread. I have asked him if they have now included a clause which prevents us claiming any compensation for the works done to the property. He has not replied to me. We also feel that it is unfair that they have now changed our residual balance from 7,200.00 to 17,239.00. They claim that they have done this as we have not paid any rent for 2013. I do not understand how/why they are requesting rental payments for the mth of Nov and Dec. There is also a covering letter which states we have 90 days in which to accept their proposal. This gives us to the end of January 2014. We were informed that we had to pay all taxes again as though it was a new lease. We already paid 29K five years ago. The credit Institution cancelled our lease because they were annoyed at the fact that we filed a complaint against them. They have since been advised that we would have won the case if it had gone to court. We believe this to be the case. Now we are being penalized for their actions. There is much suspicion.

 

Submitted: 2 years ago.
Category: European Law
Expert:  Nicola-mod replied 2 years ago.
Hello,

Thank you for contacting JustAnswer.co.uk.

It was brought to our attention that you asked a legal question about Portugal, where we do not have active professionals. As much as we would like to assist you, we have to be honest and say that the best we can do is maybe to provide a legal Internet researcher who might be able to find your answer. We realize that option is not ideal, and we always want to provide our customers with the best possible answer.

At this time, we'd like to give you the option of leaving your question open. Keep in mind that you're never obliged to accept an answer that you're not satisfied with, and you can try it out before you accept. Or, we can close your question page for you, if you prefer.

Please let me know how you’d like to proceed,
Nicola
Customer: replied 2 years ago.
Relist: Other.
Hello Nicola,
Sorry, but I have to say that I am not satisfied with your answer/reply. It is not an answer to my legal position. You have given no advice. The Credit Institution expect us to sign the contract in January 2014, therefore I have no time to leave my question open to Just Answer. I travel back to Portugal on the 4th January.
Expert:  Nicola-mod replied 2 years ago.
Hello,

I am very sorry but we do not unfortunately have active professionals in Portuguese law to help.

We can cancel this question and refund the deposit on request. Please let me know how you'd like to proceed.

Thank you,
Nicola
Customer: replied 2 years ago.

My apologies for the late response. I was visiting my family in the UK over Christmas and New Year. I have not seen my family for over 1 year therefore my time was limited.


 


I would very much like that you cancel the question and give me a refund. I do not believe that you can assist me with my legal matter.


 


Thank you


Nora

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