ARTICLE IN DAILY MAIL – 11 JULY 2013
Hope for thousands of Britons who lost fortunes in Spanish property ventures after ex-pats win legal battle with bank to return £1.3million
- Keith Rule spent hours trawling the Internet for help after a bank refused to return his £45,983 deposit on a villa which was never built
- He took on bank bosses after discovering a 45-year-old property law
- Not only has he got his money but he has helped win back nearly £1.3million for 46 other buyers
- The 46-year-old impressed lawyers so much he has been asked to work with them on a part-time basis
By Gerard Couzens
PUBLISHED: 20:48, 10 July 2013 | UPDATED: 21:23, 10 July 2013
A laundry owner who feared losing life savings in a Spanish property scandal is celebrating after helping lawyers win a landmark legal case which has given hope to thousands of wronged Brits.
Father-of-two Keith Rule, 46, spent hours trawling the Internet with the help of Google translator after a bank refused to return his £45,983 deposit on an off-plan villa never built because of the economic crisis.
He took on bank bosses after discovering a 45-year-old property law making them jointly responsible with promoters for returning guaranteed deposits on failed developments.
Now the businessman has not only got his money back - but helped win back nearly £1.3 million for 46 mostly British buyers whose dreams of villas on the same development in south east Spain were scuppered.
Mr Rule, from Milton Keynes, Buckinghamshire, impressed the Costa lawyers he instructed to take their case on so much, they asked him to work for them on a part-time basis.
He now combines the day-to-day running of his firm on an industrial estate in his home town with his new job preparing case files for other Brits engulfed in the drama that swept him up when Spanish savings bank CAM washed its hands of buyers after an initial promise of a bank guarantee seven years ago.
Last night Mr Rule, described as a 'dog with a bone' by one of the lawyers who agreed to fight his case through the 1968 law he found on the Internet, urged others in the same situation not to give up.
The 47 buyers involved in the landmark trial at a court in Albacete province near Murcia, south east Spain, have just received all the money back they put down.
Only some of the 617 three and four-bed homes with pools on the luxury Finca Parcs development in Hellin on the Albacete-Murcia border were ever partially finished.
The group are now also applying to the court for case costs and interest on their deposits to be paid.
Only some of the 617 three and four-bed homes with pools on the luxury Finca Parcs development in Hellin on the Albacete-Murcia border were ever partially finished
Mr Rule, who handed over deposits on two villas in November 2006, said: 'At the start of this fight people called me crazy but they don’t now and I’m delighted to have given hope to other Brits.
'There was no concept five years ago in Spain banks could be liable in these sorts of situations.
'We’ve created case law here.
'I haven’t got a magic wand I can wave for everything but my message to people in the situation I was in is "Don’t give up."
'I’m living proof you can take on powerful institutions and beat them when they’re wrong and you’re right.'
A Spanish judge ruled CAM - now taken over by Sabadell - was guilty of malpractice for failing to ensure deposits were spent only on building the villas and never collecting an equivalent cash safeguard from the promoters.
The holiday home buyers won an initial trial against the bank and Spanish promoters Cleyton Ges in May 2012 - and an appeal in March this year.
A Spanish judge ruled CAM - now taken over by Sabadell - was guilty of malpractice
A second lawsuit on behalf of 13 more Finca Parcs buyers has already been filed - and Mr Rule is working on a third lawsuit with Algeciras, Cadiz-based lawyer Maria de Castro and her brother Jaime who took the first case to court.
Theirs and other Spanish legal firms around Spain are also winning cases based on law 57/1968 - the law Keith uncovered on Google which has spared Brits the nightmare scenario of exhausting court battles against promoters with no money.
He said last night: 'I bet the CAM executives I demanded my money back from five years ago wished they had given me a cheque that day.
'The court case set a legal precedent and is being used by other law firms around Spain.'
Jamie de Castro, of Javier de Castro lawyers, added: 'It’s amazing that a non-Spaniard who didn’t even speak Spanish and was using Google translator helped get us this far.
'I have no problem in admitting I wasn’t confident at the start this would work and feared Keith might be wasting time and money.
'But he insisted and insisted and began to make us believe it could.
'My sister described him once as a dog with a bone which I hope he takes now as a compliment.'
Pensioner Reg Matthews, a friend of Mr Rule's who has had his £22,980 deposit returned, added: 'It’s a great relief to have my money back although I was keen on having a place in the sun like thousands of other Brits.
'Without Keith’s help I and many others would have lost everything.'
http://www.dailymail.co.uk/news/article-2359550/Hope-thousands-Britons-lost-fortunes-Spanish-property-ventures-ex-pats-win-legal-battle-bank-return-1-3million.html
This message was last edited by Keith110 on 10/07/2013.