スペインのバルセロナの裁判所は、2008年にMataro市の女性がCaixa Lairtane(Bankia)から購入した従属債権(obligaciones subordinadas)は、顧客に危険性の十分な情報を伝えずに、無効と判断
Un juez de Mataró anula el canje de deuda subordinada de Caixa Laietana
La sentencia obliga a Bankia a devolver a la mujer los 33.000 euros que invirtió más los intereses correspondientes
Clara Blanchar Barcelona 18 MAR 2013 - 15:58 CET
A judge annuls Mataró subordinated debt swap Caixa Laietana
The judgment obliges Bankia to return to the woman who invested 33,000 euros plus interest
Clara Blanchar Barcelona 18 MAR 2013 - 15:58 CET
Bankia must return 33,000 euros a woman of Mataró (Barcelona) in 2008 bought Caixa Laietana subordinated debentures, which subsequently exchanged for shares in the company, now intervened. This was fixed a judgment of the court of First Instance No. 2 in the municipality, which declared invalid the first purchase agreement because, he says, the client who signed this purchase and subsequent exchange did not receive adequate information about the risks of financial product.
The judgment, pioneer far known to the office that is responsible for the defense, the Round Col.lectiu obliges Bankia to return to the woman who invested 33,000 euros plus interest, to pay the costs of prosecution and remain with a stock that the holder of the court understands that the client accepted more out of obligation than as an option.
"She did not want the money, I wanted to recognize the deception"
The woman who took her case to court and won in the first instance to Caixa Laietana-Bankia, you can not enjoy the victory that is the judgment. With 78 years, Rafaela Salazar suffered encephalitis that is recovering, but still has memory problems. She explains her daughter Montserrat Soto. "We are very proud people over Mataró" says excitedly, as Rafaela grandparents to save after lifetime have been found overnight that had lost everything but are fighting for their piggy banks.
Rafaela did not keep its 33,000 euros for anything in particular. "As many people more" explains his daughter, "were the result of a lifetime working and there were one day just in case I needed them, not to complicate our lives to us, the three children." The woman, who is now 79 years since he worked a lifetime in the textile industry in the region. Shortly hoped to become, even before the disease, one of the activists delivered the platform affected by the preferred and subordinated Mataró.
We have shown each week, we went to Valencia, said her daughter Montserrat, also trapped in the Caixa Laietana subordinate, as another sister. Her mother, they say, "not seeking to give her back the money, I wanted to recognize the deception." "That was his obsession, deceit recognize that thousands of people, many people think they need this money now because of the strike because you have children and grandchildren in charge."
The lawyer of the client affected Manté Laia, celebrates a judgment "that can serve as a guide", recognizing that "the documentation was insufficient and received verbal information also did not know what the consequences would buy or what to buy". The sentence can be appealed by the company before the Court of Barcelona.
In Mataró, Caixa Laietana historic headquarters (now Bankia) there are about 6,000 residents affected by the purchase of preference shares and subordinated debentures. The subordinated debt are issuing entity, in this case Laietana, being unable to issue shares offered to the customers without explaining the actual risk assumed. The judge believes in the judgment that the client did not receive "accurate, truthful, fair and clear" about the risks of the product.
The thousands of families Mataró, are trapped in the change you made last year Caixa Laietana of debt issues by bank shares, which have plunged to not reach or 0.30 euros. The Collective Round ensures that over 90% of people who bought subordinate were forced to accept a deal that the company was justified ensuring that the only way to access a more liquid product that would allow them to recover the savings. The change, however, is made at a price that lawyers dubbed as "abusive", two euros per share, well above the market value.
In Catalonia, the regional ombudsman (Ombudsman), Rafael Ribo, announced earlier this month that sent to the prosecution case to swap debt for shares in Bankia to decide whether there are criminal. Ribó considered that when the trade was made "had more than enough evidence to know what would happen to the shares in a real flight forward with a monumental risk of failure."
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