Court case in Castelo Branco/Serta
In stead of paying the damage as obliged by the law, Fidelidade started a manipulated new special legal process, “Acao Especial de Consignacao em Deposito ” in the court of Castelo Branco/Serta on 02-09-2019 with a deposit of about 1 million Euros – absolutely insufficient to pay for the financial damages; A process to limit unlawfully the damage payment in advance and release Fidelidade as the debtor from further responsibilities and payments, process nr. 736/19.2T8CTB.
All in contradiction to the legal argument used in the Breda court process, 2 month earlier, as suddenly the Arbitrage argument of article 39 of the General conditions was not valid any longer; a legal malversation from Fidelidade and its lawyers
Start of a false and fraudulent process by Fidelidade SA in 2019
It is an improper, illegal and fraudulent process, based on false information purposely provided by Fidelidade and its lawyers to the court about the legal existence of more than one damage claim for the same chalet destroyed by the wildfire in June 2017.
Completely false, well known to Fidelidade and its lawyers, and various times before communicated in written to Fidelidade by Transes International SA after the fire in June 2017.
Fidelidade and its lawyers claim falsely to the court of Castelo Branco/Serta the existence of two valid claims for each property, one from van Es/Transes International SA based on a valid insurance contract, and one from a previous promised buyer being, in accordance with article 428-1 of the Portuguese insurance law, based on a null and void insurance contract.
Adding false and invalid insurance claims into the process.
There are no other valid financial damage claims than the ones from van Es/Transes International SA. The other claims included in this process by Fidelidade itself are false for the following reasons:
Firstly, the sentence of the Santarem court dealing with the impact of the double insurances on the same properties, belonging to van Es, which is crystal clear.
The insurance contracts of van Es/Transes International SA were made by Fidelidade (1997-1998) before the corresponding insurance contracts made by Fidelidade (2001-2002) with the (since 2004) previous promised buyers.
Therefore, only the financial damage claims of van Es are valid (the owner of the properties, Transes international is only the holder of the contracts). The other damage claims of the previous promised buyers are invalid, in accordance with the General Conditions of the insurance contracts.
Secondly, the promised contracts (strangely after 11 years) were invalidated in 2015 by the sentence of the Lisbon court, resulting in invalid (null and void) insurance contracts on the basis of article 428 lid 1 of the Portuguese insurance law.
Thirdly, all the promised contracts were already legally resolved in January 2004, resulting in null and void insurance contracts. Something ignored by the Lisbon court and Fidelidade.
Premeditated malpractice
In other words, this legal process must be changed to only one legal damage claim from one claimer, and Fidelidade must pay immediately all damages since 2017 up to now to the owner of that claim, van Es/Transes International SA.
More ….
Crystal clear Proof of fraudulent actions
”” Fraud is any activity that relies on deception in order to achieve a gain. Fraud becomes a crime when it is a “knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment” (Black’s Law Dictionary).
Fraud is an intentionally deceptive action designed to provide the perpetrator with an unlawful gain or to deny a right to a victim. Types of fraud include tax fraud, credit card fraud, wire fraud, securities fraud, insurance fraud and bankruptcy fraud. Fraudulent activity can be carried out by one individual, multiple individuals or a business firm as a whole “
Besides, given article 841 of the Civil Code and other legal conditions including available jurisprudence for this type of process, it is highly doubtful if this process can legally be applied by a debtor in this particular case, where the credit of the creditor (van Es/ Transes) is not specified in advance, and knowingly invalid (fake) claims of other creditors are included by the Debtor
If not legal, this legal process in the Castelo Branco/Serta court is invalid and should be changed or invalidated.
More recent proof
New investigations (in 2024) made by Almegue-invest indicate more and clear signs of malafide actions committed by Fidelidade and its lawyers.
Invalid insurance contracts used in the Castelo Branco/Serta court case. (Invalid contracts)
First of all, there are serious doubt about the validity of the insurance contracts Fidelidade and its lawyers are using in this court case. The newly issued insurance contracts in January 2018, 8 month after the wildfire for completely destroyed properties, are not the restored versions of the original insurance contracts as ordered by the sentence of the Santarem court in 2015.
Secondly, the included claims of the five previous promised buyers are false. criminal and fraudulent as they are based on invalid and/or not existing insurance contracts, as the sentence of the Lisbon court in 2015, declaring their promised contracts invalid from the beginning, also make their insurance contracts issued in 2002 by Fidelidade invalid; – no propery rights, no valid insurance contracts.
Witnessing an orchestrated financial crime (criminal actions)
This investigation is concentrated on the inclusion by Fidelidade and its lawyers of five false creditors with false claims represented by the lawyer Caspar Ferreira, including various criminal acts, such as
Issuing of false financial claims by five previous promised buyers on properties not owned and without any other property rights;
Inclusion of these false claims into this legal process by Fidelidade and its lawyers, knowing beforehand the invalidity of these claims;
Why was Gaspar Ferreira, the lawyer of these creditors, allowed a platform in this process to come with accusations and claims totally irrelevant for the normal payment of the financial damage cause by the wildfire to Transes International SA
(For more details see the corresponding articles in the Blog of this website)
Fidelidade’s main purpose : Not Paying at all on any damage claim
Of course Fidelidade and its lawyers know exactly that they do not have to pay the false and fake claims they have introduced in this process, as they are all based on invalid insurance contracts.
Damaging the credibility and integrity of the project owner, previous CEO of the Transes organization – Drs Jan van Es
Like in the previous legal process in Breda. also in this process Fidelidade and its lawyers are doing everything, without any proof or facts, to damage the personal credibility and integrity of Jan van Es, as they know that the only real damage claim and valid insurance contracts belongs to Van Es/Transes. It should be strongly contested in court.
The responsible lawyers firm for the dirty attacks, the falsification of facts, the fraudulent actions and the legal architect of the Fidelidade process is: Morais Leitao, Galvao Teles, Soares da Silva & Associados in Lisbon.
Moreover, they are attacking the ownership of Jan van Es by putting doubts on the sales contract for the project in 2005 and the payment of the sales price of 1.3 million Euro. All without any proof and in contradiction to the real facts, easily to proof in court.
Drs Jan van Es, a Dutch economist, was CEO of the Transes companies from 1996 until 2003, and responsible for the development of the Almegue Project.
In the beginning of 2003 the original Almegue project with about 350 wood houses as approved by the Assembleia Municipal stopped, as the new POACB (land use plan for the Castelo de Bode Albufeira) only allowed a small project – condominium 1 of the overall project where the first houses with the permission of the Camara of Serta were build.
After so many years and with a large financial investment in project lands, in house construction, in machinery and workers training, a big disappointment and a large financial loss for the Transes organization and its CEO. Consequential the companies left Portugal in 2004 and its CE0 left the Transes organisation already at the end of 2003. The settlement of the business, including various court cases, was left to lawyers in Portugal.
After all, it was of course a big economic mistake of Drs Jan van ES to start with international tourist project development in the interior of Portugal. It happened after his consulting company served the Ministry of Transport in Portugal directly for many years, and since 1984 via consulting assignments from the European Commission. By that, assisting the country with the development and EC financing of e.g. the present national road plan and via Gattel the EC financing of the Vasco da Gama Bridge in Lisbon .
But, even today, almost 30 years after the start with the Almegue Project in Portugal in 1996, and 20 years after the Transes companies left Portugal, the negative consequences of that investment decision of 1996 are still noticeable via this last legal process started by Fidelidade SA.
Overall, a very bad investment experience in Portugal, as the economic society in Portugal resist in many ways, in spite of being a member of the EC, the economic participation from other member states.
Attacking the viability of the reconstruction of the chalets
They also try to put the viability of the reconstruction of the chalets in the Almegue project in doubts. All false conclusions without any proof or facts, just to confuse the court.
This project, representing condominium 1 of the by the Assembleia Municipal of Serta approved project in 1999, is still an approved project and the project area is still included in the POACB of 2003, the land use plan for the Castelo de Bode Albufeira.
Project development two times blocked
Its development has now two times being blocked. First by the previous promised buyers in 2004 by refusing to return the Chalets after their promised projects were legally resolved. It ended with the sentence of the Lisbon court in 2015.
In the beginning of 2017 the project was ready for a restart by the two companies Transes International and Almegue-invest, based on a new construction plan of 60 houses.
But in 2018 it became blocked again, this time by Fidelidade who refused to pay the financial damage claim resulting from the wildfire; a payment needed for the restart of the project as the collateral of 3 million Euros (the value of the houses) as the basis for the project financing was lost.
Development of the project will continue, unless …..
Therefore, there is only one reason, why this since 2018 by Fidelidade blocked project, is not viably any longer, that is when the project area is not longer included in new pending POACB. In that case Fidelidade is fully responsible for the financial damage caused by the loss of th project, as the project could have, since 2018, been built and finished in 3 years.