My Good News

Sorry if this post offends SARC committee or members. Thats not my intention.

Today after almost 2 years, legal fighting, I received a cheque for all the money owed to me on my expired bank guarantee. Despite the hurdles that were put in front of me by San Jose like not agreeing to cancel our contract because they wanted to falsely inflate the figures of potential purchasers at Jumilla. The solicitors stating that my BG was worthless as it had an expire date on.

We went to court and forced San Jose to cancel the contract. I researched the BG law and got the answer from the Spanish Supreme Court that an expire date was illegal. I employed a young lawyer who understood the Spanish Law regarding BG's.

Even then SGR the finace company said without the original document they would not pay out. Ambasun, San Jose and SGR all denied having the original, no suprise there. We went to the Notary and got our photocopy notarised as the original copy, still SGR tried to say this was not legal, once again our very good lawyer pointed out the precendence all ready set into Spanish Law.

I even resorted to finding out the personal mobile number of the Director of SGR who was dealing with BG's and then ringing him at night until eventually he agreed to pay us out on the BG.

Finally today in Alicante I received my cheque for all the money legally owed to me by SGR. Result.

Now I know some on this forum will be pleased for me and Linda and I know there are some who will not be. I truely don't care either way. I will not be posting on the forum again as I no longer feel the need to bang up head against the brick wall known as SARC, Brianmags and Tonymal and their string puller Almudena.

If anyone wants our email address to keep in touch please feel free to PM, I will continue to monitor for a couple of days. may you all get what you wish for and I truely hope you arn't disappointed in your own outcomes. And finally I hope that San Jose, Almudena, the directors the crooked agents like Ambasun are liquidated and get the longest prison sentance available. hanging would be too good for them.

Cheers

Dave

Congratulations Dave, well fought and well deserved.  Time now to make up for the lost years.

Best of luck.

Well Done Dave and Linda.

A Battle hard fought but the outcome truly deserved

Tracey

Dave/linda,

                 I havent put any reply on the site for months, but thought your good news deserves an entry.

Really pleased for you both, enjoy your retirement now!!

Mark and Paula

Beverley

Good luck and enjoy  YOUR money!!!

Great news Dave, all the best to you and Linda, from Brid.

Ken.

Well done Dave and Linda don't know about anyone else but I am over the moon for both of you .You fought the good fight as long ,hard and infuriating as it was  . I am sooooo glad you and Linda do not have to   any more  .Enjoy your retirement and all the best .

Ps I don't think SARC will share in your joy because they just don't get it yet but  they soon will  !!!!  and will come down to earth with a huge  bump  just like we did when we first realised we were dealing with crooks . At least we saw things for what they were ,are and always will be . God help those who have held on to the false  hope for years that SJ/HdT  et al will ever come good . It just wont happen .

Enjoy JA

Seldom post but CONGRATS Dave and Linda! Absolutely delighted to hear your news! Wish we had that young solicitor

Thanks for all who have contacted us by the forum or pm or email and yes girls the young solicitor is good lookng too and he has a great sense of humour, he handed us the cheque we went outside SGR exchanged greeting set off our separate ways he came running up the road for us to sign for the cheque, as he didn't want to have to sell his house when we took him to court for no payment of our money.

I unlike Dave will continue to post till I know what you all acheive as I would like to think my input sometimes helps

Congratulations Linda and Dave, glad you have won your battle.

I just hope that we all get the happy endings we deserve!

Vic & Mark

Well done we are so pleased for you 2,

We have been to court 2 years ago and wone our court case agents SJ and have a BG in date but our solicitor say's to us we have to waite until the Juge rulas on the Addministration  of SJ.

It Looks like  we will have to change our solicitor and get one that will work for us.

Dermot change your solicitor , I would also tell them they are not getting the fees they think they deserve as they have not completed the job

Soem of these solicitors are absolutley useless ours told us we would not get our money from and out of date BG so we took the cheque straight to him and put him on the spot in front of all his staff

If you want our solicitors name pm me and I will oblige, I'm sure he will be glad of the extra business

I would just like to encourage others with a BG to continue their fight and not give up. 

We have received our cheque this week for the return of our 50% deposit (We didn't know until we found this forum that most purchasers were putting down 30%) plus interest.  Like Linda and Dave, this has not been easy and we never had the original BG from our first solicitors (who denied ever having the BG).  We therefore had to continue to fight as if we did not have a BG, just in case.  Our original solicitors told us that we did not need a BG, and that if we really wanted one,it would cost us 1%!.  Having read forums and magazines, I disputed this and chased up our agents and demanded one as it was a legal requirement.  It did not make me popular and I am not usually confrontational but it turned out to be the best 'conversation' we ever had.

Our new solicitors were absolutely brilliant and were recommended from the great Santa Ana forum (thanks Anna for the work you did on that forum -I know you came in for plenty of stick at times).

I will continue to read this forum and occassionally post.  I know that Tony et al will say that we could vote 'no' as we had the safety of a BG, but we always responded as if we did not have a BG. 

We put our deposit down for Jumilla in November 2005 and found Eye On Spain later that month.  We enjoyed sharing the beginning of the ride with you - getting excited over minor developements, choosing potential furnishings etc.  Although the journey since May 08 has been rocky, we could not have survived without this forum.  JA has been a font of knowledge and her only fault seems to be that she is passionate about helping others and often gets frustrated!    Please don't change JA

There are some great people on this forum.  We may not all agree on the best way to deal with things but you must ensure that your frustrations and anger remain directed on who and why you are in this mess - (conspicuous by their absence!) and not each other.

I wish you all the very best and will keep watching

Tracey and Alan x

PS -forgot to say

Despite what you may read on here, a good lawyer is worth every penny.  A bad lawyer or no lawyer will cost you a fortune

Agree  100% I have no  a power cutb andcan noy see vmy key b oard  off for acandle  J

Well congrat to you too Tracy both got our 50% down payment back in the same week

JA was were you trying to say FORK HANDLES he! he!

Well done Tracy .

Linda What I was trying to say was that I had a power cut and could not see my keyboard properly by candle light  coupled with the Vino rossado I had been drinking I decided to give up and go to bed Cheers JA