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Hi Tony
Thanks for your response to my last posting.
I am not being 'crassly rude' or suggesting that you are lying or mis-leading, I was saying I do not trust your advice, and still dont.
Its enlightening in the court case you gave as an example that you and your neighbour fell out, and you spent £10,000 to win the case. It may be you were in the right, it may be you were in the wrong, or it may be you were prepared to spend a lot of money to come out on top, I have no idea. (I would like to know what percentage of people fall out with their neighbours to the extent they would spend such money though!)
I do know that is has absolutely nothing to do with properties in Spain, or bank gaurantees, and in a nutshell, thats why I do not trust your advice.
_______________________
Best wishes, Brian
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Hi Brian,
I am not giving you advice but giving you a fact about courts and costs. I think it is about time that rather than going on with the old confrontational attitude, you relaxed and thought about things a little bit more logically. I have posted the link to the Polaris world court case, given an example of an English court case. It is up to each person to consider if they feel legal action is worth the risk and you do. I wish you good luck and will be pleased if your gamble pays off. However, a lot of people do not have the money to spare are desperate for a positive outcome and are vulnerable. I have met and spoken to a lot of these people and I donot think that they would be happy to end up with a case that takes years and could end up giving them a bill.
Gaudelupe asked if I knew of a quicker way for people to get their money back, Below I post her time frame, note that it is in excess of 4 years with additional time for the appeal process, there is no gaurantee of a win and a bill is bering racked up. I hope that it works out for those who wish to give it a try and I hope that you do not regret it. I am not having a pop at any one who wishes to try this, I just wish for all to be aware of the realisitc time frame and possible outcomes. I personally do not think the banks can afford to loose and will have the appetite and money to fight this, so please be carefull.
All the best
Tony
1.- Legal letter to claim full copy of the generic policies and the payment: 10 days.
2.- Preliminary Enquire to claim full copy of the generic policies: 3 to 5 months.
3.- Ordinary Civil proceeding in the appropriate First Instance Court (1 to 2 years).
4.- Appeal to the Magistrates’ Court (1 to 2 years)
5.- Appeal in the Regional or High Court (?)
6.- Sentence’s enforcement & execution (?).
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Hi
I am perfectly relaxed, I am completely non-confrontational. I am just letting you know what I think.
I do not trust your judgement, your advice or your reasoning. I dont want you to tell me to please be carefull, and I dont want to have you using the language that describes people being frightened, or the weight of banks not wanting to lose, to prove your very poor point.
I do think that you falling out with a neighbour, and spending £10.000 on a court case, is indicative of the way you may approach issues that arise, and try to make people adhere to your point of view. I have had some issues with neighbours myself over the years, I tend to resolve them by talking.
Perhaps that is why I instinctively do not trust your advice.
This message was last edited by briando55 on 21/06/2011.
_______________________
Best wishes, Brian
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Hi All
For me it is quite simple. I will gladly spend 700 euro to try and get 10's of thousands of pounds back. HDT have given us a terrible deal that they may still not deliver on. I really do believe that while europe/spain is in the financial mess it is in that HDT will not spend a penny more on our development.In fact they would be quids in if they keep us waiting and then give us 65% of our cash back in 5-6 years. For those that do not follow our lead, bear this in mind- what if our action works and we get all our money back and you're stuck with the original HDT offer, but with even less original investers for HDT to "build" your properties.
regards
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Just a quick post to let you know tthat the Class action is now well under way using Guadalupe's services, (10 of us have joined up ) and early progress in the last month has been quite rapid with the banks put on notice of - Pay up or face being sued!
Guadalupe seems to have cut a few months out of the process already by obtaining documents direct through the Concurso rather than running "preliminary enquires" through the banks to obtain documents by force.
The banks have even acknowledged the letter of claim.
Early doors still with a way to go yet, but all postive stuff moving in the right direction.
It all helps give myself & Jo peace of mind that we have now done all we can to attempt to get our money back, from the thieivn robbing bastards.
All the best.
_______________________ All the best,
Nigel & Jo.
nweatherall210@hotmail.com
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Yes we are also one of the 10, always kept in formed of the latest happenings.
So fingers crossed, i wonder how the progress is going with hdt, do they work on the project every day, or do you think it is just being put on the back burner until this shepherd thing is resolved
mark
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Buyers of "Las Higuericas" with lack of bank guarantees have obtained from the Courts of Hellin a judgment in their favour declaring that the bank (CAM in that case) is liable for the monies deposited even if the bank has not issued individual guarantees, alleging that the Bank has incurred in a wrong practice.
This is excellent news for all those who have placed sues against BBVA regarding the lack of Bank guarantees in Herrada del Tollo.
Today is Higuericas. Next step, Herrada del Tollo
_______________________ E. Lucas
Read my blog
http://www.eyeonspain.com/blogs/lucasasociados.aspx
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This is all good news and i hope many people can get their money back by court. However the problem is you need money to fight for your money and some of us just dont have it. :(
Good luck to all who can go down this route.
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Hello to all,
As I see that many of you had problems with the deposits you gave to Herrada-San Jose, I must say that my lawyer in Spain won my case regarding the guarantees. As most of you, we didn't have any individual guarantees to our name, they were just general guarantees.
I know that every client has the same right as me so I asumme that you can recover this back too.
We won against the banks Banco Pastor, BBVA and SGR and they already paid our guarantees back.
I am really happy with the work done so if any of you looks for any legal assistance I can give you my lawyers email address or if you have questions you can write to me
caroline.
mills36
@yahoo.
com
I hope that everyone can be so as lucky as me
Caroline
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NEW RULING FROM THE 7th DEPARTMENT OF THE VALENCIA MAGISTRATES' COURT: 20% RELEASE AND PAYMENT SCHEDULE AGREED WITH SAN JOSE DON'T APPLY TO BANK GUARANTEES FOR EL PINET
For further information about the ruling, please click on below link or vist our website gmlegalexperts.com:
http://gmlegalexperts.blogspot.com.es/2014/03/gm-legal-experts-won-case-caso-ganado.html
Kind Regards, Lawyer
Guadalupe Sánchez
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