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スペインの銀行などが消費者に売った定期預金を装った危険のある優先株式投資で、預けたお金を取り戻すには,実際の相場では預金が50%ー60%に暴落
Preferentes, vías de escape al laberinto
Reclamar ante la entidad, primer paso a dar ante el bloqueo del dinero invertido
José Luis Estévez Santiago de Compostela24 JUN 2012 - 19:07 CET
Preferred, escape the labyrinth
Complain to the company, first step to lock money invested
Jose Luis Estevez Santiago de Compostela 24 JUN 2012 - 19:07 CET
Complain to the company, first step to lock money invested
Jose Luis Estevez Santiago de Compostela 24 JUN 2012 - 19:07 CET
The nightmare that has become for thousands of savers see that the money they thought safe in a deposit is in the dreaded preference shares seems far from over. No one is certain about the path to be taken to try to recover the full cost savings that have lost much of its value to trading on a secondary market with unclear rules. The Bank expects that Novagalicia propose a solution similar to what others are already implementing, savers are torn between the possibility of legal action, arbitration proposed by the Xunta or wait for demand to flourish that prepares the Attorney the High Court. Each alternative has its pros and cons but no guarantee that savers will get their money. Here are some options.
Should we complain to the organization? User associations as recommended Adicae ask the institution concerned to deliver all the documents it has on our case. It is an essential step to knowing what the real situation as there are sparing not even know that their money is in preferred shares or subordinated debt and ensure that they have never signed a contract for subscribing. If you have been, the entity must have a signed copy of that contract. The next step is to complain to the customer service the entity.
There are sparing not even know they have preferred
Should go to the CNMV or the Bank of Spain? First of all we must clarify that the order issued by these bodies is not binding, so that the entity has no obligation to return the money but give us the reason. The claim must be filed with the SEC and which is responsible for overseeing the marketing of these products. If you claim the Bank of Spain is wasted because it does is send the letter to the CNMV. From Adicae explained that having a favorable decision may be helpful to have more chances of success in legal proceedings or arbitration. But from another association, Ausbanc, it is doubtful effectiveness. His deputy in Galicia, Jesus Garriga, remember that the CNMV has allowed this kind of products marketed to retail customers, despite its complexity.
more informationAffected by the preference given fines of 300 eurosO Rosal, ground zero of the 'yard'
Arbitration or judicial ¿? The arbitration option is one that is defended from the Xunta for customers to get their money back. However, this alternative has some problems and is viewed with mistrust by both associations and affected. As indicated by the Ministry of Economy and Industry, Brussels need to give your permission to Novagalicia Bank to implement this approach. For the time being have asked more than 1,200 affected. The regional government argues that it is the quickest and cheapest option. Can be solved in four months. The problem is that in case of unfavorable verdict for the saver you can no longer resort to the courts. From Adicae only recommended if it is a clear case where it can be demonstrated deceit. This does not happen often because the body tends to shield the customer signed a contract and knew the conditions. Ausbanc rejects the proposed arbitration and litigation.
¿Civil or criminal? In principle the civil seems the most appropriate time to undertake the judicial claim, although there may be cases where appropriate also for criminal prosecution, almost always slower. From Ausbanc indicate that civil suits are usually resolved in six or seven months. The Office of the High Court is preparing a lawsuit against Bank Novagalicia which present nearly a thousand cases of savers hit. The resolution of this lawsuit will take years. Criminal proceedings may become used by savers to be considered scammed.
Criminal proceedings may be suitable for
those who believe they have been scammed
All these options are added which may occur in the future if Novagalicia is authorized by the Spanish and European institutions to offer alternatives to customers such as those presented other entities. Some are offering to exchange the amount invested in these products by actions or even the signing of a stock by 100% of initial capital, which may be recovered by passing certain period of time. Bankia offers from a few days ago two options, either to recover 80% of the initial investment directly or subscribe to a deposit which will recover 100% of the funds but in four years. Anyway, the solution is subject to approval from Brussels to be an entity Bankia majority of public capital, as Novagalicia Bank.
"We share your concern"
Novagalicia Bank is sending letters to savers who have claimed in ensuring you are looking for solutions. The president of the organization, Jose Maria Castellanos said some affected in Ourense recently that hopes to offer some sort of output in the coming weeks. The letters acknowledge that preference shares are now "low liquidity" and are sympathetic to the concerns of customers, "we understand your anger and share your concern." From Adicae as "sarcasm" the answer. The co-chair of the entity, Mauro Varela, also fueled the fire last Thursday noted that customers know what they bought to acquire the preferred issue.
The affected platforms are the only way to clear their savings trying to recover is the pressure in the street. The spokesman for the Vigo platform says that every day come to the office asking new patients about the way forward. Ensures that all concerned give a model of a complaint to the entity which requested the sale of 100% of the shares, but always get the same answer, your request is "under study".
The spokesman indicated that many affected Vigo are signing a loan to have liquidity but "the problem is that the loan is due in a few years and the capital is not repaid." Along with it also insists that savers reject the arbitration considered unsafe and criminal proceedings, however slow.
Should we complain to the organization? User associations as recommended Adicae ask the institution concerned to deliver all the documents it has on our case. It is an essential step to knowing what the real situation as there are sparing not even know that their money is in preferred shares or subordinated debt and ensure that they have never signed a contract for subscribing. If you have been, the entity must have a signed copy of that contract. The next step is to complain to the customer service the entity.
There are sparing not even know they have preferred
Should go to the CNMV or the Bank of Spain? First of all we must clarify that the order issued by these bodies is not binding, so that the entity has no obligation to return the money but give us the reason. The claim must be filed with the SEC and which is responsible for overseeing the marketing of these products. If you claim the Bank of Spain is wasted because it does is send the letter to the CNMV. From Adicae explained that having a favorable decision may be helpful to have more chances of success in legal proceedings or arbitration. But from another association, Ausbanc, it is doubtful effectiveness. His deputy in Galicia, Jesus Garriga, remember that the CNMV has allowed this kind of products marketed to retail customers, despite its complexity.
more informationAffected by the preference given fines of 300 eurosO Rosal, ground zero of the 'yard'
Arbitration or judicial ¿? The arbitration option is one that is defended from the Xunta for customers to get their money back. However, this alternative has some problems and is viewed with mistrust by both associations and affected. As indicated by the Ministry of Economy and Industry, Brussels need to give your permission to Novagalicia Bank to implement this approach. For the time being have asked more than 1,200 affected. The regional government argues that it is the quickest and cheapest option. Can be solved in four months. The problem is that in case of unfavorable verdict for the saver you can no longer resort to the courts. From Adicae only recommended if it is a clear case where it can be demonstrated deceit. This does not happen often because the body tends to shield the customer signed a contract and knew the conditions. Ausbanc rejects the proposed arbitration and litigation.
¿Civil or criminal? In principle the civil seems the most appropriate time to undertake the judicial claim, although there may be cases where appropriate also for criminal prosecution, almost always slower. From Ausbanc indicate that civil suits are usually resolved in six or seven months. The Office of the High Court is preparing a lawsuit against Bank Novagalicia which present nearly a thousand cases of savers hit. The resolution of this lawsuit will take years. Criminal proceedings may become used by savers to be considered scammed.
Criminal proceedings may be suitable for
those who believe they have been scammed
All these options are added which may occur in the future if Novagalicia is authorized by the Spanish and European institutions to offer alternatives to customers such as those presented other entities. Some are offering to exchange the amount invested in these products by actions or even the signing of a stock by 100% of initial capital, which may be recovered by passing certain period of time. Bankia offers from a few days ago two options, either to recover 80% of the initial investment directly or subscribe to a deposit which will recover 100% of the funds but in four years. Anyway, the solution is subject to approval from Brussels to be an entity Bankia majority of public capital, as Novagalicia Bank.
"We share your concern"
Novagalicia Bank is sending letters to savers who have claimed in ensuring you are looking for solutions. The president of the organization, Jose Maria Castellanos said some affected in Ourense recently that hopes to offer some sort of output in the coming weeks. The letters acknowledge that preference shares are now "low liquidity" and are sympathetic to the concerns of customers, "we understand your anger and share your concern." From Adicae as "sarcasm" the answer. The co-chair of the entity, Mauro Varela, also fueled the fire last Thursday noted that customers know what they bought to acquire the preferred issue.
The affected platforms are the only way to clear their savings trying to recover is the pressure in the street. The spokesman for the Vigo platform says that every day come to the office asking new patients about the way forward. Ensures that all concerned give a model of a complaint to the entity which requested the sale of 100% of the shares, but always get the same answer, your request is "under study".
The spokesman indicated that many affected Vigo are signing a loan to have liquidity but "the problem is that the loan is due in a few years and the capital is not repaid." Along with it also insists that savers reject the arbitration considered unsafe and criminal proceedings, however slow.
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