Hi members. No one has posted on this thread for ages so I hope this gets picked up!!
....Like many people it seems we fell foul of Peninsula Property Management in the Medina Elvira, Granada development scandal. We 'lost' our deposit, 1st and 2nd Instalments but thankfully didn't complete. We flew over to Granada and realised 'our suite' hadn't been started let alone finished by the stated completion date!
However, I think unlike many others that I know of , we unexpectedly managed to get back our 2nd installment (that we were essentially blackmailed into paying ) through a Spanish law firm after we argued that Peninsula had broken their contract with us. However, in order to get it we had to sign a Compromise agreement (vie Peninula's lawyers) stating that we wouldn't try and reclaim any more. This was BEFORE any legal actions against Peninula and the municipalitycame to light. At the time we figured that it was better to lose £28k then £53k; heartbreaking as it was. (This was our redundancy money a the time)
However, we realised when it came to light that the development was probably 'illegal' from the outset that the Compromise agreement must also be legally unfounded and so at the last minute we filed a claim in 2020 to try and get our deposit and 2nd insta;l;ment back. We did this no win/no fee. 50:50 split on any award.
The good news is that we seemingly have won. The Bank appealed of course but the judges have ruled in our favour and we now await 'sentencing'. Which I assume is the calculation of how much an award my be? I'm worried it may not the full amount due to the enforced compromise agreement. We couldn't possibly have afforded or risked having to pay court fees if we hadn't won so know we have forfeited 50% of any award.
My questions to forum members are:-
1. Has anyone else been in this situation with a Compromise agreement?
2. Can the Bank appeal again having effectively lost the 1st appeal? And/or can it appeal any award?
3. Does any interest accrued run from the date the deposits/installments were made or from when the claim was submitted to the courts?
4. How long we may have to wait for any monies (if there are any!) to be released to us? I've heard some horror stories.
Any other relevant information gratefully received.
Thank you .