REFUND of DEPOSIT - Wortwhile pursuit?

jay bee said:
Friday, June 13, 2008 @ 9:16 PM

HI MY ADVISE IS THINK LONG AND HARD BEFORE YOU THROW IN THE TOWEL,AND WALK AWAY. WE HAVE BEEN IN THE SAME POSITION, AND HAVE TAKEN THEM TO COURT AND WON,BOTH THE COURT CASE,AND THEN THE APPEAL,SO IT WONT BE LONG NOW AND THEN WE WILL GET OUR DEPOSIT BACK,WITH INTEREST. DONT LET THEM STEAL YOUR MONEY

gill_malouf said:
Saturday, June 14, 2008 @ 10:12 AM

Hi, Jay Bee's comments were interesting. I won a court case in Feb 2007, having paid just under 10k euro up front.....I am now going through the appeal process, the site is now 2 and a half years behind schedule.....the solicitor, to my horror, is charging me on the full apartment price, whilst Maria de Castro (EoS) is going to work for me, and I understand their rates are based on the actual amount being asked for (refund of deposit!)

Terry said:
Saturday, June 14, 2008 @ 12:09 PM

What we are seeing in EoS is only the tip of an iceberg. The sheer disregard shown by most Spanish banks, lawyers and their government for the law is criminal. Who is there-British, Dutch,German,etc, who will put their head up above the parapet and denounce these people?
So many sincere and genuine buyers have had their lives torn apart by these people and still they are getting away with it.

mariadecastro said:
Sunday, June 15, 2008 @ 5:46 PM

Oh dear, it seems like an unproportionate, awful amount of money to pay upfront. How much money are you claiming? The initial provision of funds usually is of 5 per cent of the claim.

FYI: We have already won claims in Casares del Sol and it was not too difficult. Illegalities there are self-evident.

Abbeydale said:
Monday, June 16, 2008 @ 10:24 PM

Many thanks to everyone who has commented so far.

We are driven to despair over the amount we are losing. We have paid a deposit of about £80,000 (40%) for an apartment at Casares del Sol. We could not complete and so the developer (INTERLAKEN) has kept our deposit. We have been informed by a Spanish solicitor that we would have to pay 11,000 euros in fees to take the matter to court. We feel that this amount on top of the £80,000 deposit could be throwing more money away.
To MARIADECASTRO, your comments are very helpful. Can I contact you by email to discuss the matter further?

abbeydale99 said:
Wednesday, June 18, 2008 @ 12:10 AM

Again many thanks to everyone who have added their comments.

I am now trying to contact Maria de Castro and others regarding Legal action against the developer

abbeydale99 said:
Wednesday, June 18, 2008 @ 12:05 PM

Can anyone tell me how to get in touch with MARIA de CASTRO please.

avicola said:
Tuesday, July 1, 2008 @ 5:32 PM

www.costaluzlawyers.es

This is the website of Maria.

or have you found her?

How are you getting on. We are in the same position. I Have never been so scared in my life as we have to consider that we might loose all the deposit. Wish I had found Maria earlier, our solicitor is - hopefully - doing a great job, but he is doing nothing to calm my nerves.

abbeydale said:
Tuesday, July 1, 2008 @ 9:14 PM

Hello Avicola

I have already lost my deposit and I know how you feel. My previous spanish solicitor did not really do much for me.
I have now already contacted Maria de Castro about legal action and she seems to be on the ball. It took me a few months to accept what has happened. I read comments on Eye on Spain and felt that I gained enough confidence to take legal action. My feeling is that you have to lose the deposit so that you can take legal action. My view is that the developer is in breach of contract. I think that you either have to go ahead to purchase the property or be tough enough to cancel the contract. These are my own thoughts. Keep in touch.

big keith said:
Sunday, July 6, 2008 @ 10:50 AM

what a relif to find others having problems getting deposit back.we were thinking we were the only ones!
our story so far is that we handed over a deposit and agency fee to Prestige properties in Blackpool - whose rep in Spain was Palmera properties surprise surprise.This was in October 2005 for an apartment in Brisas Del Mar off plan development in Formentera del Segura.When the plans came thro it was not what we had been promised hence we cancelled the contract and were informed that no refund was available.We have since engaged a Spanish Solicitor to get the deposit back and Agency fee.It went to court in April to be given a hearing date for October. It has been an uphill battle as we really feel in the dark about the process and the prospect of success.