Marius Hupkes Archieven - Hupkes cs advocaten

Lawsuits against new CFD brokers from Cyprus

In recent months, our office has received many complaints about evaporation of investments in CFDs through brokers that have recently been active on the Dutch market, which focus on Dutch consumers. New labels, but the same method The parties that have become active on the Dutch market in recent months are: Tradedwell ( https://www.tradedwell.com/nl ), a label of iTrade Global (Cy) Ltd. IGMFX ( www.igmfx.com/nl ), a label of IGM Forex Ltd Phoenix Markets ( [...]

Hupkes advocaten2023-07-26T13:54:35+01:0014 April 2022|Contracts for Difference (CFD Providers), Investment Fraud & Boiler Rooms|

Does a bank have a duty of care towards third parties?

When you think of a duty of care of banks, you think in the first place of the customers. But the duty of care can also relate to third parties. For example, a customer of the bank can be a swindler, who uses the checking account to receive deposits from victims, after which that money is funneled away. Can you sue the bank for the damage? Is the bank expected to monitor suspicious transactions from its own customers to protect non-customer third parties?

Hupkes advocaten2022-08-17T17:58:46+01:003 May 2019|Duty of Care Banks, Liability, Unlawful Act|

Transaction monitoring: more fraud claims for banks?

ING has been fined by the Public Prosecution Service because the bank does not act properly against money launderers. Criminals who transfer money through ING are not dealt with properly by the bank. There are many developments in the field of money laundering, mainly due to new technological possibilities. De Nederlandsche Bank (DNB) not only supervises the stability, but – in keeping with the spirit of the times – also the integrity of the financial [...]

Hupkes advocaten2022-08-19T11:32:06+01:0015 September 2018|Duty of Care Banks, Fraud & Deception, Investment Fraud & Boiler Rooms, Liability, Unlawful Act|

Is attachment at the expense of an unknown counterparty possible?

In scams, the perpetrator likes to stay out of the picture. Banks allow scammers to open a bank account with an unclear name so that the identity of the account holder is unclear. Can the bank account still be seized then, although in a court proceeding you have to know who the other party is?

Hupkes advocaten2022-08-19T11:33:22+01:0012 August 2018|Fraud & Deception, Preservatieve Attachment, Unlawful Act|

What can a seller of a home do if the buyer doesn’t pay?

A seller can suffer considerable damage if a buyer dissolves the purchase contract. Termination is not always possible and not always valid. What are the pitfalls for buyers when invoking a financing reservation, and what can a seller do to claim damages if the sale is canceled incorrectly? The seller usually claims 10% of the purchase price, the cancellation penalty, but can also recover the entire damage or prefer fulfillment.

Hupkes advocaten2022-08-19T11:36:16+01:0020 April 2018|Disputes about Residential Property, How To|

Can you go into debt restructuring if your house hasn’t been sold yet?

According to the Amsterdam Court of Appeal, the requirement that the house must first be divided or sold, which is made by the debt relief agency, should not be made at all. Even with an unsold home, you can go into WSNP.

Hupkes advocaten2022-08-19T11:49:16+01:002 November 2016|Debt Restructuring, Disputes about Residential Property|

Order will actively enforce rule of conduct 2 paragraph 2 regarding lead generators

More and more attorneys are recruiting clients through "lead generators." The Bar Association has announced an offensive against this way of working. There will be a "repentance" scheme for lawyers who disclose. The Order's approach leads to questions of principle about how lead generators work, a young industry in which a lot of money is involved.

Hupkes advocaten2024-03-07T16:51:26+01:0014 January 2016|How To, Various|