up date

just had some bad news  the court in cuenca has found in favour of the bank  and rejected my claim  to get my money back. my solicitors have launced an appeal which could take 6/7 months . can anyone who settled with the bank  please contact me as this info will help my appeal.

Hi Chindo - check your private meesssage box, I left you a message several days ago.

Regards.

Zero.

Chindo

We also lost our case in the Cuenca court (02 Sept), the reason being clause 5.2.

Clause 5.2 allowed for termination of the agreement within 15 days of 30 June 2006 in the event that the flats were not finished. The judge took the view that because we didn't opt out we accepted the delay. Spanish consumer legislation is not unlike British in the sense that having been to accept a delay in the provision of a product isn't the same thing as accepting that you will never have it.

Let us hope that the appeal judge agrees with us.

Would be interested to know the reason for your outcome and if it was the same judge (don't know his/her name but the date of the hearing will give us a clue).

Zero, if your message to chindo is relevent to our case I would appreciate you sending me the message.

Steve

hi steve  i had cancelled my agreement with in 15 days but still lost our case . i think the banks and courts ara hoping we will give up . for me know its not just about the money  there is no way i will give up does not matter how long it takes .

Chindo

We presumably all signed the same contract and other than the issue of the opt out clause, every case should be the same.

I just couldn't understand the logic of the banks fighting each case when they were losing them all. Now I can - they are all too aware that the courts are unable to to consider cases with any reaonable consistancy. For them it must be a simple matter of odds: they spend 3K on legals and hope to save 80K; providing they win more than 1 in 26 they are quids in.

Over the last decade there  must have been hundreds of millions of euros poured into the Spansih property market by the Brits and few of them can even now have any idea how risky this is.

Steve

Hi Everybody

Sorry to hear that there are still ongoing problems.

I was informed by my solicitor about two weeks ago that we have obtained an out of court agreement with the bank.  We will receive all the money that we have laid out but no costs or interest.

If this is right ( and I won't be celebrating until the money is in our account),we have still come out with about £6,000 more because of the exchange rate on the Euro and that's after paying our legal fees.

I should know more this week as my solicitor has informed me that the money is already in the Barristers account and just needs to clear before he transfers it to our account.

Keep trying, it will hopefully, work out okay for all of us in the end.

Colette

Well done

Dear all

It has been 5 months since the last message has been posted. Is anyone closer to getting any money back? I appear to be no further forward because the developer will not cancel my contract and therefore the bank will not refund my money until the contract is cancelled. There seem to be so many inconsistencies with individuals claims and recoveries of deposits.

I look forward to any further updates.

Mark

Mark C

We currently await the outcome of our appeal heard on 21 April. Should be any day now. Will be in touch. Seems to me that the fact that the developer, or the receiver acting on behalf of the developer, won't cancel the contract, cannot be a valid reason for not pursuing the action. After all the action is being brought because the developer has not honoure the contract and you are therefore relying on your bank guarantee to recompense you for your loss. Why should then it be necessary for the contract to be cancelled? If this is what you have been told by your lawyer I would suggest that you obtain a second opinion.

Colette - last time you posted (12 December) you told us that you your settlement money was in the account of your barrister. Have you now received it? Why is it even necessary to ask this question I wonder?

Does anyone know of any new off plan developments in North Korea or Zimbabwe?

Steve  

Mark

There are a number of other forums that may be interested in eg spanish property scandal.

There is also a British MEP who has taken up the case: Marta Andreasen. A questionnaire was posted on 29 May on the above forum by her parliamentary assistant, Andrew Kinsman. Suggest you fill it in. She probably won't be able to help you directly but at least she is coordinating action on a EU level against the injustice that many are suffering in Spain.

Steve

i have to day received the transfer of money into my account re my bank gaurantee, my solicitors done a brilliant job and won my case on appeal , i got my money less legal cost, now my solcitors are waiting to see if   the bank agree to pay total legal costs and interest or they will take them back to court and let the judge decide. it is so nice to see that spainish banks are now struggling  after what they put so many of us through ,

Chindo

Congratulations.

We have recently heard that we have won our appeal case. The judgement includes interest and costs although both have to be quantified and agreed with the court. How long did you have to wait between judgement and payment?

Mark - hope Chindo's news and ours provides some encouragement for you. Don't give up. Will keep you informed of progress.

Steve 

thanks it took about 3 weeks .

 Chindo - great news I am pleased for you. Could you tell me who your lawyers are because mine just seem so slow and keep on blaming the courts and the administrators of the slow progress. My lawyers are Fuster Associates in Los Alcazares.

I spoke to my lawyers this week and they told me to be patient. However, I think 4 years is long enough to be patient! They are confident I will get refund of my bank guarantee deposit but they will not give a timescale now, but after hearing your news there may be some possibility of recovering some of my deposit.

Mark

Mark

Maria at Castaluz lawyers would definitely be worth considering. They have handled many of these cases and with great customer feedback. She will probably also advise you that you have a legitimate claim for that part of your investment that wasn't covered by a bank guarantee.

Steve

hi mark thank you very much. my solicitors are gva laweryers , contact andres reina  who is an amazing litigation lawyer on ; areina@gvabogados.com , tel no 0034 952225087. tell him jas gave you his details  , its well worth talking to them , i hope they can help you . jas

Chindo

Can you advise the exact date in September 2009 when you lost your intial case in the court at Cuenca against CCM bank? We lost ours on 02 September in Cuenca but like you we won on appeal in April 2010. It would be interesting to know if it was the same judge who made a mistake wouldn't it!

Unlike you we haven't received the money back. Apparently we are awaiting the approval by the court of the legal costs and calculation of interest (although our judgement affirmed that these are payable). I recall that your judgement didn't deal with the issue of such costs but that you had your deposits returned. Have you now received the costs and interest?

Steve

hi steve i will find out and let you know. my solicitors are still waiting for the bank to accept the figure of approx 36 000 euro costs and interest . i dont think i will get this  , probably half , just so glad to get my deposit back .

Chindo

A couple of people in a situation similar to ours on another forum have advised that over a year has passed and they still await their interest and legal costs (although like you they received their deposit first).

I wish to ask our lawyers (who are the same as yours) why we haven't received our deposit prior to settlement of interest/ legals. It would help if I could quote your case, so is it ok for me to do this and could you advise your name (by private message if you prefer)?

Steve 

hi steve , my name is jaswinder kandola  ,