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I am new to this site so apologies if this thread has gone before.

I could not complete the purchase of a 3 bed apt at Casares del Sol. I had to sacrifice my deposit of £80,000 after all efforts to sell faded. This was about a year ago (April 2007)

A Spanish solicitor has said that he has a good chance of obtaining a partial refund of my deposit, but I would have to pay £11,000 fees and costs up front.

Is there any chance of getting any refund from the developer (Interlaken) or is it best just to accept that this has now gone. Is it a case of throwing good money after bad.

I live in the UK and this has been my life savings. I am not an investor as such.

Replies good and bad would be appreciated.

I'm sorry to hear your tale, maybe you were sold a proiperty on the basis you could sell on and get out early - I dont know. However I would not want to lose the deposit. Obviously you couldnt sell but were you really happy with the end product? Surely you would not have wanted to complete on grounds that the site was not delivered as advertised? I think you should contact Maria (she's the lawyer on the EOS team) to assess your options. Good luck.

Definitely contact Maria de Castro for some initial,  first class, and impartial advice. She will tell you if it is possible to reclaim part of your money   and  exactly what costs will be involved . 
I thought the developer could keep up to half of the deposit but certainly not ALL of it.   
£80K is a lot of money to lose!
Contact Maria without delay.

Abbeydale,

You should get legal advice.  You will almost certainly get your money back (all of it).  For your information I won a Court Case against Interlaken/Mediterranean Luxury Homes, based on misselling.  I was also awarded full costs plus legal interest.  Interlaken missold and misrepresented this development.  For example, the apartments are much smaller than what the sales brochure said and what their sales reps said.  Secondly, they have not delivered many of the facilities and amenities promised. 

Because of the above, there is a breach of contract by the developer.  The developer can not force you to complete in these circumstances and he is legally obliged to refund your deposit plus interest.

Patrick

Hi Patrick501

can you let current CDS owners have the details for our class action (see other posts).

Gus

Dear Patrick,

good news, can you also share it with me?

It is unfortunate that the owners following the Class action are unwilling to include or share with non-owners like myself who refused to complete on principle or impossible terms.

They even post false and derisory comments whilst pretending that all is coming good.

Any owners willing to post or pm information please?

Best Regards

Norman

I sent 2 private messages to Patrick 501 re his postings...mainly to ask if he actually had been paid out and which solicitor acted for him......but to date have not had a response..........


Anyone else had the same problem?


It is almost 4 yrs since I paid my deposit...........and did not proceed to purchase due to the many problems with what I initially was told and the reality we know as Casares del Sol!