Deposits Back?

Dear Golfers,

My wife and I bought in Medina Golf back in mid 2006. We were lucky enough to get a bank guarantee - which we activated with Maria from Costaluz Lawyers back in 2009. In May this year we won our case, but the bank has appealed and we are still waiting for the hearing. Luckily, the banks have at least paid the deposit to the courts and it is now with Maria, but as the law stands we still can’t get our hands on it - which is extremely frustrating given the current exchange rates and Euro worries. I'm sure I don’t need to tell anyone here how frustrating and stressful this process is. Maria and her team have been very supportive, but there is nothing anyone can do but wait, and wait, and wait....

Is anyone else in a similar position? Has anyone had any success?

Best wishes,
Chris

Hi,

It's been a long time since there was any news. Has anyone made any progress in getting their money back? We are still waiting for an appeal court hearing - it's been a very long year. So close but still so far to go!

Best wishes to you all,

Chris

Hi There

Yes i bought at the same time as you and did have a bank guarantee. Mr Macias of Criado Krauss has told me that we await the court hearing as the Bank has appealed. All very worrying as the Euro climbs

Broc

Hi broc,

So I have just found out that you are entitled to have your deposit back in your own hands while you await the appeal hearing (http://www.eyeonspain.com/forums/posts-long-15909.aspx). We are organising this with our lawyers at the moment. Obviously, you have to take full responsibility for it and be prepared to return it if you loose the case. However, we want to put it into an account that will earn a little interest - as we are not sure if the court will ask for interest to be paid back as well if we loose. Plus, as you say the euro is all over the place at the moment.

All the best,

Chris

 Hi Chris

Yes i was aware that we could take the money and have been waiting to hear. However it is interesting that you can initiate this with 

your solicitor . I was under the impression it was automatically conveyed by the solicitor. I would be pleased to hear how you get on.

Regards

Broc

Hi Broc,

So our lawyers has our deposit, and has had it for just over a year. We are still waiting to find out how to get the money from them - I guess nothing happens in August.

All the best,

Chris

 Hi Chris

Re Medina Golf   I have received a message from my solicitor stating that the money has now been released by the courts and it 

should not take long now!!!  How are you getting on

Broc

 Hi 

Getting the money from our solicitor is providing to be harder than I anticipated, or at least a lot slower. All the time we're losing out on any interest we could be earning – maybe we should charge this to the our solicitor for all the delays. Any news on the banks appeal, we haven't heard anything?

Best wishes,

Chris

 Hi Chris      No news on the bank appeal . I agree ,it is very frustrating how everything takes so long ,especially with one eye

on the euro. Will let you know as soon as i do .

Kind Regards

Broc

 Hi Chris

Just an update for you. My solicitor now has the funds and the next move is mine. 

Regards

Broc

Hi Broc,

That's great news! We had our deposit returned to us, minus the outstanding legal fees (to the solicitor and barrister), very expensive and far more than we were originally quoted. Now we are just waiting for the appeal hearing, then hopefully the return of the interest + legal fees and we can get on with our lives.

I’ll update as soon as anything changes.

Best wishes,

Chris

We have just recieved news that we have won our case and the bank's appealled, heard on the 22nd April, was dismissed. Plus, they are to pay the full costs. I don't know if there was a decision about the additional interest. Now we just have to wait the 20 working days to see if they will appeal to the high court, but it would be very difficult for them to win there. Still who knows what these people are willing to do. 

We are so very nearly there,

ChrisW

 Good for you!  May the next few days pass swiftly and without bad news

We are famous:

Top gear filmed at our resort:

Here is the link to said depressing program:

http://www.bbc.co.uk/iplayer/episode/b0371dc3/Top_Gear_Series_20_Episode_3/

Maybe that will generate some interest and a millionaire will come along and turn the place around after giving us all our deposits back lol.