Refund of deposit without a bank guarantee using Costaluz.

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31 Jan 2012 12:00 AM by wakemans Star rating. 56 forum posts Send private message

 

Firstly A GREAT BIG, thank you, to Costaluz Lawyers, Maria & all her team.
They have won our case against BBVA who we paid our deposit to for our home on Santa Ana, Jumilla back in September 2006.
We had not been issued with a bank guarantee although it was promised to us on many occasions by San Jose, until they went into administration.
Our original lawyer tried to get us preferential creditor status but this was refused by the judge, however they did manage to get our contract cancelled which we believe has helped our cause, so a big thank you to them as well.
Like you all, we had to go through the administration stage of the company, Herrada del Tollo, not knowing if they would be liquidated or not, we actually voted for them to be liquidated rather than be strung along for the next 5 years but as we all know there were enough votes to enable them to survive & offer us 65% of our money back in 5 years time.
We decided this was not for us, our original lawyers were not convinced of the action against the banks so we asked Maria at Costaluz Lawyers to start an action against the bank for us, under provision 1 segundo of Law 57/68, this action started in November 2010, so in approx 1 year we had a court decision to award us our original deposit money back plus legal interest & costs.
The original deposit has been refunded already by BBVA with the costs to be worked out and paid later.
Finally we are free of San Jose and can move on with our lives.
Good luck to everyone who are also following this route, hopefully our success will keep your spirits up.
If anyone wants any more information you just have to ask.
We are Maria`s first clients to win using this action but we are sure we will not be the last and some more of you can also have a successful outcome.
Good luck to you all.
Of course, if you still want your house we hope you get the outcome that you want as well.
 
Kind Regards
 
Chris & Julie
 



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31 Jan 2012 4:27 PM by jaqib Star rating. 81 forum posts Send private message

Bloody brilliant!!!!!! Many congrats!!

Maybe now some of the poor people who followed poor advice given on this site will see a bit of light at the end of the tunnel, and maybe now will follow this route to the only successful outcome that will ever come out of this mess???

As they say in Scotland,

U wee dancer!!!!

_______________________
stu and jaq R4 428 I DON'T THINK SO!!!!


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31 Jan 2012 6:03 PM by joanniemac Star rating. 241 forum posts Send private message

Fantastic news!!!! Gives us all hope.

Cheers Joanniemac




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31 Jan 2012 7:45 PM by Margaret and Charlie Star rating in Scotland. 34 forum posts Send private message

Hi Chris & Julie

Well done also congratulations to Costaluz

 


 



This message was last edited by Margaret and Charlie on 31/01/2012.


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07 Feb 2012 11:46 AM by Keith110 Star rating in the UK and I am lead.... 681 forum posts Send private message

Fantastic result.

A great judgement and good understanding of LEY 57/1968 by the Judge.

Excellent to see BBVA being made responsible for the off-plan deposit even though no Bank Guarantee was issued.

Banks being made to accept their obligations under LEY 57/1968 Article 1.2 - BRILLIANT!!

Kind regards

Keith



_______________________

LEY 57/1968
CLICK HERE FOR THE BANK GUARANTEES IN SPAIN WEBSITE

       
      

fpag@btinternet.com



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09 Feb 2012 2:22 PM by wakemans Star rating. 56 forum posts Send private message

Thank you everyone for your kind words.

We really hope many more of you will have the same success in the near future.

Keep fighting for your money, everyone should get refunded, do not let the banks get away with keeping your money.

Chris & Julie




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09 Feb 2012 2:30 PM by Keith110 Star rating in the UK and I am lead.... 681 forum posts Send private message

We will keep fighting!!

Kind regards

Keith



_______________________

LEY 57/1968
CLICK HERE FOR THE BANK GUARANTEES IN SPAIN WEBSITE

       
      

fpag@btinternet.com



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09 Feb 2012 2:34 PM by Chrissie1 Star rating in UK. 384 forum posts Send private message

Chrissie1´s avatar

Too right we will.

Well done.

Chrissie1


 



This message was last edited by Chrissie1 on 09/02/2012.

_______________________

               
Chrissie   


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14 Feb 2012 9:16 PM by roy82 Star rating in R17 No 20. 60 forum posts Send private message

Well done.

We are delighted for you.




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22 Feb 2012 9:39 AM by cargic Star rating in Horsham Sussex, Buen.... 23 forum posts Send private message

cargic´s avatar

 HI All

I have been involved in this mess since September 2004 and despite a court in Alicante ruling that Herrada dell Tollo should pay back my monies i have recieved nothing. However i thought you all may like to check the two links below concening Herrada dell Tollo and San Jose:-

http://www.lawbird.com/wordpress/tag/herrada-del-tollo-s-l/

http://www.lawbird.com/wordpress/el-pinet-legal-opinion/

Hope this is of help

cargic

 

 



This message was last edited by cargic on 22/02/2012.

_______________________
 Regards Clive


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08 Aug 2012 2:47 PM by wakemans Star rating. 56 forum posts Send private message

Hi,

Just thought some of you may like to know that this week we received our costs and interest from our court case against BBVA.

So now we have complete closure.

We would just like to say how greatful we are to Maria and Costaluz for all their hard work.

Also received this week a letter from HDT stating that they hope to have some more news on the development by the end of the year, Still this mess drags on.

Best wishes to you all

Chris & Julie Wakeman




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08 Aug 2012 6:36 PM by ChrisBW Star rating. 50 forum posts Send private message

Congratulations! This is wonderful news, and gives hope to us all!

Best wishes,

Chris




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08 Aug 2012 9:29 PM by Keith110 Star rating in the UK and I am lead.... 681 forum posts Send private message

Hi Chris & Julie

A great result.  I am pleased you now have closure.

Kind regards

Keith



_______________________

LEY 57/1968
CLICK HERE FOR THE BANK GUARANTEES IN SPAIN WEBSITE

       
      

fpag@btinternet.com



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08 Aug 2012 10:02 PM by alantracey Star rating. 156 forum posts Send private message

Congratulations!!!

Although we were lucky enough to get our money back over 2 years ago, I still look in from time to time to see how everything is going.  Sad that there is not more opportunities to congratulate people on this forum.

Well done you !!!

Tracey




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09 Aug 2012 12:12 PM by rjmderry Star rating. 70 forum posts Send private message

We have a pretrial hearing in just over a month with BBVA. Let's hope logic is applied and they accept our claim.

Congratulations to those who have managed to obtain a refund and closure. A very difficult situation for everyone and remember we did nothing wrong - HDT and the banks.

 

 




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13 Aug 2012 7:59 PM by gill_malouf Star rating in Stockport, Cheshire. 201 forum posts Send private message

 Congratulations to you and the lawyers!

 

I sincerely hope one of my 2 cases reaches the same happy ending soon (I know the other one will take much longer because no bank guarateee was issued and it's a group case) .....although the lawyer I first went to for my first case billed me for 40,500 euro and was paid 20,500...I need to deal with him once I get my bank guaranteed deposit back (originally paid in September 2004)...after winning the FIRST INSTANCE in February 2007 and the Developers Appeal in 2009 I finally had to ditch the VERY EXPENSIVE solicitor and now have Maria, who is very sympathetic to our cause. I will be so happy to close this horrendous chapter and start living a happier life! Congratulations again and I hope you can now 'chill out'......it must be so so nice!!




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13 Aug 2012 7:59 PM by gill_malouf Star rating in Stockport, Cheshire. 201 forum posts Send private message

 Congratulations to you and the lawyers!

 

I sincerely hope one of my 2 cases reaches the same happy ending soon (I know the other one will take much longer because no bank guarateee was issued and it's a group case) .....although the lawyer I first went to for my first case billed me for 40,500 euro and was paid 20,500...I need to deal with him once I get my bank guaranteed deposit back (originally paid in September 2004)...after winning the FIRST INSTANCE in February 2007 and the Developers Appeal in 2009 I finally had to ditch the VERY EXPENSIVE solicitor and now have Maria, who is very sympathetic to our cause. I will be so happy to close this horrendous chapter and start living a happier life! Congratulations again and I hope you can now 'chill out'......it must be so so nice!!




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14 Sep 2012 9:40 PM by theboyblue Star rating. 1 forum posts Send private message

 Hi there

We are also in the same situation of having paid a significant deposit to SJi and would like to pursue getting our money back.

Can you help?

Keith Hamilton




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23 Sep 2012 10:38 PM by briando55 Star rating in Yorkshire. 1982 forum posts Send private message

Hello

We have just sent off our fees to go with Costaluz lawyers.

We have some expectations they will be able to take this problem to a conclusion for us.  I will letypu know how we get on as things develop.

Regards   Brian



_______________________

Best wishes, Brian

 



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11 Dec 2012 1:00 PM by briando55 Star rating in Yorkshire. 1982 forum posts Send private message

Hi Everyone

We had a quote from Costaluz for the case to be pursued through the court, and after having a list of fees we sent a provision of funds, which covers us to the final court hearing.

We have just had a demand for more than twice as much as we have already sent, and they appear only to have sent a letter asking for our money back, which has not had a response!!!!!

Can anyone here throw any light on this kind of practice?  We are extremely dissapointed at present, is the system over there so poor that we are expected to just keep throwing money at them without any reasonable expectation of return?

I am currently very dissapointed and will be asking for money back if this is an accurate letter we have had.  Although I expect this will require another lawyer and a further 3 years, and a promise of jam tomorrow as well.

What a farce this thing seems to be

 


This message was last edited by briando55 on 11/12/2012.

_______________________

Best wishes, Brian

 



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Previous Threads

Any News? - 3 posts
Happy New Year to You All - 2 posts
Deadline to join the class action against the Banks for the Santa Ana del Monte deposit - 0 posts
BBVA'S Generic Guarantee for Santa Ana del Monte finally released - 0 posts
New ruling from a Magistrates' Court sentencing banks to refund deposits under the provisions of a generic guarantee - 6 posts
SARC Sept _ October report - 16 posts
Action against the banks - 2 posts
New offer from San Jose - 8 posts
SARC......website???/ - 7 posts
All Quiet on The SanJose front.. - 20 posts
San Jose's Latest Construction - 7 posts
SARC May update on SARC website news letter page - 2 posts
Communication from HdT on 11.5.11 - 1 posts
New details of the Generic Bank Guarantee for Santa Ana' buyers released - 0 posts
Information about the SGR's generic guarantee - 0 posts
More good news for HDT buyers: there is another generic guarantee signed with Banco Pastor - 0 posts
Tony and SARCs views on recent thread?? - 18 posts
Confirmed: Buyers deposits for Herrada del Tollo, San Jose covered by generic guarantee policy - 110 posts
Legal interest is covered by bank guarantee. Buyers can still claim to SGR - 4 posts
Renting Your Property - The Legal Aspects - 0 posts
Plan B - 20 posts
Inside trading laws - 3 posts
Questions but no answers - 19 posts
Hdt Questionaire - 21 posts
SARC January report & additional documents - 54 posts

21 posts were found:


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