Thursday, February 14, 2013

VALENTINES DAY

Ten Classic Valentines Sayings 1. Love is friendship set on fire. Jeremy Taylor 2. Love is a game that two can play and both win. Eva Gabor 3. Love is like the measles; we all have to go through it. Jerome K. Jerome 4. I love thee to the depth and breadth and height my soul can reach. Elizabeth Barrett Browning 5. 'Lucky is the man who is the first love of a woman, but luckier is the woman who is the last love of a man.' Anon 6. For twas not into my ear you whispered but into my heart. Twas not my lips you kissed but my soul. Judy Garland 7. Love is the heart of the soul. Robert Paul 8. A hundred hearts would be too few to carry all my love for you. Anon 9. My girlfriend told me that she was seeing another man. I told her to rub her eyes. Emo Philips 10. I don't understand why Cupid was chosen to represent Valentine's Day. When I think about romance, the last thing on my mind is a short, chubby toddler coming at me with a weapon. Anon Funny Valentine's Day Sayings • I thought that I could love no other Until, that is, I met your brother. • Roses are red, violets are blue, sugar is sweet, and so are you. But the roses are wilting, the violets are dead, the sugar bowl's empty and so is your head. • Of loving beauty you float with grace If only you could hide your face. • Kind, intelligent, loving and hot This describes everything you are not. • I want to feel your sweet embrace But don't take that paper bag off of your face. • I love your smile, your face, and your eyes Damn, I'm good at telling lies! • I see your face when I am dreaming. That's why I always wake up screaming. • My love, you take my breath away. What have you stepped in to smell this way? • My feelings for you no words can tell Except for maybe 'Go To Hell'. • What inspired this amorous rhyme? Two parts vodka, one part lime ... Love and Marriage • A man said his credit card was stolen but he decided not to report it because the thief was spending less than his wife did. • Love is blind but marriage is an eye-opener. • The most effective way to remember your wife's birthday is to forget it once. • When a man opens the door of his car for his wife, you can be sure of one thing: either the car is new or the wife. • Before marriage, a man will lie awake all night thinking about something you say. After marriage, he will fall asleep before you finish. • A successful man is one who makes more money than his wife can spend. A successful woman is one who can find such a man • A little boy asked his father, 'Daddy, how much does it cost to get married?' And the father replied, 'I don't know, son, I'm still paying for it.' • A couple was having a discussion about family finances. Finally the husband exploded, 'If it weren't for my money, the house wouldn't be here!' The wife replied, 'My dear, if it weren't for your money, I wouldn't be here.'

Thursday, December 13, 2012

SPANISH MORTGAGE CONTRACT

Do you have a minimum interest rate clause in your Spanish mortgage contract? Are you aware that this could be costing you approximately €2000 annually? Throughout 2012 the Mercantile Court in Málaga has dictated 7 sentences ordering three banks to pay back considerable sums of money which they were illegally charging their clients through what is called “minimum interest rate clause” stipulated in their mortgage contracts. The truth is that in this mortgage contracts it is established that at no point in time can the variable rate be inferior to a minimum rate fixed by the bank – this tends to be between 3 and 5%, whilst on the other hand the maximum limit is unrealistic – in the majority of cases this is between 7 and 15%. The detriment to the consumer arrives when the Euribor descends below the minimum rate stipulated in the mortgage contract – particularly at this moment in time seeming as the Euribor has descended below 1% - and the client has to continue paying as if it were at 3 or 5% because of this “minimum interest rate clause” imposed by the bank. However, the maximum rate will never be reached meaning that the consumer will never benefit from it and the only beneficiary will ever only be the bank. This banking practice trespasses on the very fundamental principles of contractual good faith and provokes a substantial and unjustified imbalance of contractual obligations, generating a loss in the economy of Spanish consumers at the same time. In fact this same minimum interest rate clause has been mainly responsible for the progressive decline of the Euribor; (this being the main variable mortgage reference rate) not having led to a widespread drop in monthly payments. Source: MARTINEZ ECHEVARRIA I PEREZ I FERRERO ABOGADOS www.martinezechevarria.com

Thursday, November 29, 2012

SPAIN TO OFFER RESIDENCY TO FOREIGN HOUSE BUYERS

Spain is to offer foreigners residency permits if they buy houses worth more than 160,000 euro ($200,000) as part of an attempt to reduce the country's bloated stock of unsold homes. Trade Ministry secretary Jaime Garcia-Legaz said the plan, expected to be approved in the coming weeks, would be aimed principally at the Chinese and Russian markets as the domestic demand was stagnant and showed no sign of improving. Spain has more than 700,000 unsold houses following the collapse of its real estate market in 2008. The country's economy is struggling and is currently in recession with 25 percent unemployment. Thousands of houses have been repossessed by banks and their owners evicted because they cannot pay their mortgages. The government last week approved a decree under which evictions would be suspended for two years in specific cases of extreme need. The country's offer beats others in bailed-out countries such as Ireland and Portugal, where residency papers are offered to foreigners buying houses worth more the 400,000 euro and 500,000 euro, respectively. It was not immediately clear if the residency would only refer to Spain, and not the European Union. The stricken state of the country's real estate market was highlighted Monday by figures from the Bank of Spain which showed that the level of bad debt in the country's banks had risen to a record 10.7 percent of their loan total in September. The bank said the amount totaled 182 billion euro, up from 179 billion euro in August -- the 15th monthly increase in a row. The 16 other countries that use the euro have agreed to lend Spain up to 100 billion euro to help support the country's banks weighed down by these bad loans and investments. On top of the bank loan, Spain has been under pressure to apply for more outside financial aid to help it manage its debt and deficit. The European Central Bank has insisted on the move before it will make good on its pledge to buy the bonds of certain troubled countries to help lower their borrowing costs. Spain says it is waiting to know all the conditions that might come attached to the rescue package before making a decision. Source: MARTINEZ ECHEVARRIA I PEREZ I FERRERO ABOGADOS www.martinezechevarria.com

Tuesday, October 30, 2012

DIA DE TODOS LOS SANTOS

All Saints Day in Spain (Todos Los Santos) -November 1st. This religious/national public holiday is very important to the people of Spain. Many people from all over the country will return to their town or village to visit the graves of deceased relatives and lay flowers. The Spanish have two birthdays each year, one is their customary birthday to remember the day they were born. The second is when they celebrate the day of their personal patron saint (usually the one they were named after). However, on November 1st each year, the Feast of All of the Saints is held and this particular public holiday is about remembering family members who have died visit the graves of relatives to decorate them with intricate floral displays. For most people, this is a very emotional day. Often the Eucharist, or Mass, is performed several times during the day in the cemetery. As with many festivals throughout the country a number of special dishes are associated with All Saints’ Day like eating roasted chestnuts, castañas, together with small almond cakes, panellets. The tradition or eating chestnuts originates from the legend of a chestnut seller called Maria La Castañada about whom there are many stories. Apparently the almond cakes are in remembrance of the days when homemade cakes and offerings were left with the bodies of the dead. At this time of the year it is quite usual to see in shops huesos de santo – the saint’s bones – which are made from marzipan, eggs, sugar syrup and buñuelos de viento – puffs of wind – these are doughnuts generously sprinkled with cinnamon and sugar. In the 10th century All Saints’ Day was celebrated on May 13th until Popes Gregory III and IV moved it to November 1st because they wanted to counteract the pagan festival, the predecessor of Halloween that was held at that time of the year. It was believed by the ancient Gaels that at this time of the year, often known as the Celtic New Year, was when the boundaries between the living and the dead faded away so the Church linked this with All Saints’ Day. Originally as well as holding vigils this was a time of fasting. What started as a time of remembrance of the Christian martyrs changed into today’s custom of remembering all those who have died. One of the traditions of ‘All Saints Day’ is the enacting of the play Don Juan Tenorio, written by José Zorrilla. The final act of this depiction of Don Juan’s choice between salvation or hell is set in a cemetery with the legendary lover grieving over his betrayal of his dead lover.

Thursday, October 11, 2012

BANK SCAM – Ground Clause (Clausula Suelo)

How many times I have said to British people signing Escrituras (Deeds) in front of a Notary when they have purchased property in Spain “well my friends at least in Spain you get to see and keep the deeds of your property, whilst in your country the bank keeps it and only shows it to you if you really kick up a fuss.” One client from up north once said to me “what’s the point in me keeping it if I can’t read the bloody thing.” He also had a point. What I am getting at is that we mere mortals tend to accept blindly that because we have a lawyer, accountant, and bank manager working for us these people will look after our interest. Very often it does not work like that, not in Europe and especially not in Spain. I have discovered that my own mortgage, which I was led to believe by my friendly bank manager that the repayments could vary according to the Up and Down of the Euribor. So that Up meant I loose and Down I gain is in fact nothing of the sort, in fact Up I lose and Down I lose is the stark reality. The most frustrating thing is that I can only blame myself. I had the terms and conditions of the mortgage in my hand, all 25 pages of it and 5 minutes to read it before the Notary called us through, so I just skipped to the resume and it looked good or at least it did not mention the Ground Clause (Clausula Suelo) which was instead neatly slotted three quarters down on page 20. What the clause says is that if the Euribor goes Up your repayment increases accordingly and if it goes Down like it has now – 1% you get no benefit. As simple as that. Not all banks have resorted to this deceit, only most of them have and in 2012 Malaga courts have dictated seven sentences forcing the banks to return the money obtained through this con. In some cases the amount runs into thousands of Euros. How do you know if you have been conned by the bank? Well I read about this scam in the Spanish papers so I went to see David Perez of Martinez Echevarria Lawyers and they are working on my case. They seem to think that I will get some money back. ‘I live in hope.’ Obviously one thing will change, my friendly bank manager will not be friendly anymore.

Monday, September 24, 2012

THE HISTORY OF THE RYDER CUP

Just thought I would share this interesting information with you all. Source: http://www.rydercup.com/2010/europe/history/index.cfm The Ryder Cup, one of the last great sporting events founded on prestige rather than prize money, was first contested in 1927. The origin of the idea to stage international matches between the best American professionals and those of Great Britain is a subject of debate among golf historians. Past PGA of America President George Sargent (1921-26) of the Southeastern PGA Section credited Sylvanus P. Jermain, president of Inverness Club in Toledo, Ohio, for first presenting the concept in 1921. However, Bob Harlow, founder of Golf World and onetime manager of Walter Hagen, reported in 1951 that the concept was first proposed in 1920 by James Harnett, a circulation representative for Golf Illustrated. Harnett had attempted to attract potential readers by raising funds to pay expenses for a professional match between the USA and Great Britain. Harnett didn't get the support he needed until The PGA of America voted at its Annual Meeting on December 15, 1920, to advance Harnett some funds. The rivalry Harnett so eagerly attempted to develop eventually became The Ryder Cup. Regardless of who takes credit, the first informal matches were played in 1921 at Gleneagles, Scotland. Harnett, most likely with Hagen's assistance, selected the American Team. The matches were played just before the 2,000 Guineas Match Play Championship, with the British soundly defeating the U.S. Team, 9-3. Another unofficial match occurred when The R&A decreed regional qualifying rounds before The 1926 Open Golf Championship, forcing overseas competitors to make their transatlantic trek earlier. With extra time on their hands, the American contingent agreed to form a team for an unofficial match against the British professionals at Wentworth Club. This time, the Americans' defeat was worse -- a 13 1/2 to 1 1/2 rout. English seed merchant and entrepreneur Samuel Ryder was a member of the appreciative gallery. Ryder was an Englishman from St. Albans in Hertfordshire, who made his fortune selling penny seed packets. Before the matches at Wentworth, Ryder had engaged the British star Abe Mitchell as his personal golf tutor. Mitchell beat the reigning Open Champion Jim Barnes, 8 and 7, in the singles, and then partnered with George Duncan in the foursomes to beat Hagen and Barnes, 9 and 8. After the matches, Ryder had tea with British Team Members George Duncan and Mitchell. Also joining them were Hagen and American team-mate Emmett French. Duncan suggested Ryder provide a trophy and encourage the establishment of matches on a regular basis. Ryder agreed at once and commissioned the design of the gold chalice that bears his name and Mitchell's likeness on the top. Unfortunately, Mitchell was suffering from appendicitis and could not join his countrymen at Worcester Country Club, Massachusetts, in 1927 for the inaugural Ryder Cup. The United States Team defeated their counterparts from Great Britain in that historic first match, 9 1/2 -2 1/2. The first U.S. Ryder Cup Team was captained by Hagen, a charter Member of The PGA of America. Only American-born players were allowed to join the Team, according to a Selection Committee ruling, April 5, 1927, in Chicago. Joining Hagen on the Team were Leo Diegel, Johnny Farrell, Johnny Golden, Bill Mehlhorn, Gene Sarazen, Joe Turnesa and Al Watrous. Mike Brady and Al Espinosa were named alternates. The British Team was originally set with Mitchell as Captain, but he remained home due to his illness. Ted Ray took over the duties, and was joined on the Team by Aubrey Boomer, Archie Compston, George Duncan, George Gadd, Arthur Havers, Herbert Jolly, Fred Robson and C.A. (Charles) Whitcombe. Samuel Ryder had sown the seed. Few amateurs who took up golf after their 50th birthday have left as many positive impressions upon the game as Samuel Ryder. Born in 1858, he was the son of a Manchester corn merchant and educated at Manchester University. His father doubted the wisdom of his son's plans to sell penny seed packets to English garden lovers. The young Ryder decided he would go into business on his own, moved south to St. Albans in Hertfordshire and formed the Heath and Heather Seed Company. His business quickly prospered, and in 1906 his social standing improved to the point where he was elected Mayor of St. Albans. He became ill due to overwork, and fresh air and light exercise were prescribed as part of the cure. He was encouraged to take up golf. Reared on music and cricket, Ryder at first spurned the idea, but later relented. Ryder first enlisted a professional named Hill from a local nine-hole course to guide him through his golf fundamentals. Later, Ryder employed Mitchell as his exclusive instructor at an annual fee of £1,000. Ryder practiced rain or shine, six days a week (never on Sunday), for a year. He was given instruction at Marlborough House, his home, on driving and iron shots, and he hit chip shots over a hedge in the paddock. He followed up with putting. After his rigorous practice regimen, Ryder decided he could apply for membership at Verulam Golf Club. By age 51, he boasted a six handicap and joined the Verulam Golf Club in St. Albans in 1910. Within a year he was elected Captain of the club, and later held the title in 1926 and '27. He sponsored a Heath and Heather Tournament in 1923, the first event to be restricted to professionals. Among the field was Mitchell, a former gardener himself, and considered one of the finest players in Great Britain to have never won an Open Championship. Ryder relished the 1926 unofficial international match between the Americans and British at Wentworth, watching Mitchell and Duncan defeat Hagen and Barnes. "Why can't they all get to know each other?" said Ryder. "I will give £5 to each of the winning players, and give a party afterwards, with champagne and chicken sandwiches." Later that evening in a pub, Duncan turned to Ryder and said, "This is wonderful. It's too bad we don't have a match like this which is official." "Why not?" Ryder asked. Soon, the deed of gift was drafted with Ryder agreeing to donate a solid gold cup, worth £250. The cup was designed by Mappin & Webb Company. Ryder insisted that a golfing figure adorn the lid and that it resemble Mitchell. The first official Ryder Cup was arranged for June 3-4, 1927, at the Worcester Country Club, Massachusetts. An appeal for £3,000 to finance the first British Ryder Cup Team was met with apathy and fell £500 short of the goal, but Ryder made up the deficit. After Ryder, the biggest single contribution was £210 from the Stock Exchange Golf Society. With no Order of Merit money-winning list available, the famed British triumvirate of Harry Vardon, James Braid and James Taylor acted as team selection committee. Samuel Ryder, who would serve two terms as Mayor of St. Albans, lived to see two Ryder Cup encounters on his home soil. While celebrating the holidays with his family in London, he died of a massive hemorrhage on January 2, 1936. He was 77. His eldest daughter, Mrs. Marjorie Claisen, sent her father's favourite mashie (5-iron) to be placed in his coffin. Another of his daughters, Mrs. Thomas Scarfe, took over the family business. However, she never shared her father's passion for golf. Ryder's youngest daughter, Joan, was her father's constant companion at all his golfing events. She witnessed all The Ryder Cups in Great Britain, and once in America, in 1983, when the U.S. edged the Europeans at PGA National Golf Club in Palm Beach Gardens, Florida. In 1981, Joan met the Duke of Kent at The Ryder Cup at Walton Heath Golf Club in Surrey, England. She told the royal guest that her father had been surprised by the success of the matches. "He had the idea that when the Americans came over for a match he would give a 'small friendly lunch party' to both teams," said Joan. The Duke gazed at the spectators swarming near the 18th green, and said: "I wonder what your father would think of this little lunch party!" Joan Ryder's final appearance at The Ryder Cup was at The Belfry in 1985. She called that edition of the matches "the most exciting ever." Later that year, she died at her home in Sussex at age 81. War-torn Matches With the outbreak of World War II, The Ryder Cup was suspended from 1939-45, and the U.S. retained the trophy from its 1937 victory. Whilst the outbreak of war in Europe forced the cancellation of The 1939 Ryder Cup at Ponte Vedra Country Club, Florida, both teams were still named. The United States also continued the spirit of the contest by selecting a ten-member team that participated in "challenge" matches against fellow Americans to raise funds for the American Red Cross, various service organizations and other war-related efforts. With The 1939 Ryder Cup canceled, challenge competitions were arranged from 1940- 43, with two at Oakland Hills Country Club in Bloomfield, Michigan, in 1940 and 1942: at Detroit Golf Club, in 1941: and at Plum Hollow Country Club in 1943. The Ryder Cup Team, which had various members during that period, won four of the five challenge matches. Walter Hagen captained the 1939, '40 and '41 Ryder Cup Teams, while Craig Wood captained the Team in 1942 and 1943. There was no competition in 1939. The 1939 U.S. selections were repeated in 1940 in a challenge match at Oakland Hills Country Club in Bloomfield Township, Michigan, against Gene Sarazen's Challengers. Sarazen, who was left off The Ryder Cup Team, challenged Hagen by assembling a team that included Ben Hogan, Jimmy Demaret and Craig Wood. In 1939, The Professional Golfers Association of Great Britain had selected eight players and Captain Henry Cotton before war interrupted further plans. The eight players named were: Jimmy Adams, Dick Burton, Sam King, Alf Padgham, Dai Rees, Charles Whitcombe and Reg Whitcombe. The remaining two members were never filled. During the war, the exhibition matches brought together the greatest American players of the era, including amateur Bobby Jones who led his team to an 8 1/2 to 6 1/2 upset of The Ryder Cup Team in 1941, at Detroit Golf Club. The Ryder Cup resumed with the seventh meeting to the two teams in 1947 at Portland Golf Club, Oregon. Europeans Join the Fight for the Cup In 1973, The Ryder Cup was contested for the first time in Scotland at historic Muirfield. The PGA of Great Britain altered its selection procedure by having eight players chosen from a year-long points system and four by invitation. The introduction of players from continental Europe into The Ryder Cup fold in 1979 marked a new chapter in the history of the biennial competition and after years of U.S. domination the tide started to turn. The foundations were laid as far back as 1971 when John Jacobs, the first Director General of The European Tour, had the vision to realise that the future lay in Europe. As The European Tour grew into a cosmopolitan mix of players from all nationalities, particularly from the continent, the logical step was to include these players in The Ryder Cup and make the matches Europe versus America. During The 1977 Ryder Cup at Royal Lytham & St Annes, Jack Nicklaus approached the PGA of Great Britain about the urgency to improve the competitive level of the contest. The issue had been discussed earlier the same day by both Past The PGA of America President Henry Poe and British PGA President Lord Derby. Nicklaus pitched his ideas, adding: "It is vital to widen the selection procedures if The Ryder Cup is to continue to enjoy its past prestige." The changes in team selection procedure were approved by descendants of the Samuel Ryder family along with The PGA of America. The major change was expanding selection procedures to include players from the European Tournament Players' Division, and "that European Members be entitled to play on the team." This meant that professional players on the European Tournament Players' Division, the forerunner to The European Tour we have today, from continental Europe would be eligible to play in The Ryder Cup. The recommendation and succeeding approval of the new selection process followed another American victory at Royal Lytham & St. Annes in 1977. The first Ryder Cup under the expanded European selection format was played at The Greenbrier in White Sulphur Springs, West Virginia. The first two Europeans to make the overseas squad were two Spaniards - Severiano Ballesteros and Antonio Garrido. Ballesteros went on to become one of the all-time winners in The Ryder Cup. He has a record of won 20, lost 12 and halved five and has earned 22 1/2 points in 37 Ryder Cup matches. The move to include the continental players was a major step in upgrading The Ryder Cup. The U.S. had won all but one outing from 1959 to 1977, the exception being the tied match in a memorable duel in 1969 at Royal Birkdale in Southport, England. Expanding the selection procedure to include Europeans provided a much greater pool of talent from which to the team. The effect of The European Tour, with its varying types of golf courses, climates, food, language and customs, was to produce players of unprecedented durability. They possessed the technique and confidence to deal with all course situations and make The Ryder Cup one of the most compelling events in world sport. Ryder Cup Format Changes From the beginning of the series through 1959, The Ryder Cup competition was comprised of four foursomes (alternate shot) matches on one day and eight singles matches on the other day, each of 36 holes. The format was changed in 1961, to provide four 18-hole foursomes matches the morning of the first day, four more foursomes that afternoon, eight 18-hole singles the morning of the second day and eight more singles that afternoon. One point was at stake in each match, so the total number of points was doubled to 24. In 1963, fourball (better-ball) matches were added for the first time, boosting the total number of points available to 32. The format was altered again in 1977, this time with five foursomes on opening day, five four-ball matches on the second day, and ten singles matches on the final day. This reduced the total points to 20. In 1979, when the Great Britain & Ireland Team was expanded to include players from Continental Europe, the format was revised to provide four fourball and four foursomes matches on each of the first two days and 12 singles matches on the third day. The total points awarded were 28. This format continues today. The Ryder Cup was interrupted for the second time in history following the September 11, 2001, attack upon America. Some eight days following the tragedy, The 2001 Ryder Cup was rescheduled to the following year in 2002, with all future competitions conducted in even-numbered years.

Wednesday, September 19, 2012

Manchester Tragedy

I live in Fuengirola, Costa del Sol, Spain. This morning taking my kids to school we crossed a busy main road with the help of a local policeman, a young man in his twenties. “Why is he wearing a gun?” My nine year old son asked me. “To protect himself” I answered. “From whom?” “From bad people” I replied. “Where are they?” ask my five year old daughter, looking behind her. “They are not here now but he has to have it just in case he needs it.” When we reached the car park my son said “dad why can’t he talk to the bad people like you do to us when we do something wrong, why does he need to shoot them?” “Just because he has a gun it does not mean he is going to use it, I am sure if he meets any bad people he will try to talk to them first.” I started the car and after a few minutes my daughter said “I would shoot them if they were very bad because they do not listen to their parents.” I put music on and we started singing, but I could not help thinking about two young police women in Manchester who met their death by the hand of a bad person who never listened to his parents, if he ever had any.
 
Web Analytics