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Sorry for my ignorance but noticed this blog not sure what it refers to , it's on the blog part of eye on Spain : Legal tip 1100: NEW! Herrada del Tollo and BBVA in Alicante Appeal Court 30 January 2014 @ 14:18 Case Law is being more and more reiterated and clear Congrats to all. Today, specially to Keith Rule, great promotor of this adventure! Maria Ps.- How about reinvesting these amounts in Spain? 0 Like Permalink Spam post or Abuse? Please let us know
_______________________ mark and paula row 4 no 439
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Hi
I think this is referring to the case law that has now been set against the banks in Spain, that have allowed the developers to use our deposits for purposes, other then our build ?
The case law is being used more often in cases now, and it seems that a precedent has been set, with many cases using this.
Our case has been submitted to the Alicante Court, and we are awaiting a hearing date.
Hope this helps ?
Barry & Sue
_______________________ Baz & Sue R10 - 36
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Thanks Barry, we to are in the same boat as you, but ours does not go before the Alicante court till Dec 2014! Fingers crossed the results keep coming for people!
_______________________ mark and paula row 4 no 439
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Hi Everyone,
we were buying an apartment on Santa Ana Del Monte too. we are with DWF solicitors in Manchester. we instructed them to start proceedings agains BBVA in December 2013.
Recently informed that our case will be in Alicante court on Dec 18 2014.
Does anyone else have an initial hearing [or other] on that date?
What is the process? Would i have to be there in court [i hope not, sounds like you get given a hard time by the bank and/or insurance company!].
thank you in advance for your assistance,
regards,
John
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HERRADA DEL TOLLO APPLIES FOR LIQUIDATION AT MERCANTILE COURT
We would like to inform that, last Friday, Herrada del Tollo was forced to apply for the voluntary liquidation of the company at the Mercantile Court in Alicante, because they are not able to fulfill with the creditors’ agreement and release the first 10% payment of the debt to the creditors.
Please note that when the mercantile court accepts this request, all the properties purchase contracts signed with HDT that haven’t been cancelled yet, will get automatically cancelled. Furthermore, the Mercantile Court will declare the breach of the 35% release and 5 years payment schedule agreement, which won’t be valid any longer.
These are positive news for those plaintiffs who have already started legal proceedings agains the Banks and voted in favor of the creditors agreement, because banks now won’t be able to challenge the claim using as argument that same release and payment schedule agreed with HDT should apply to generic bank guarantees, because that agreement won’t be legally enforceable any longer. But for those who got their contract cancelled and didn’t vote in favor of the agreement makes no difference at all.
Finally, this latest developments in the Santa Ana del Monte Saga prove that GM LEGAL EXPERTS was right when we advised purchasers of Santa Ana del Monte that the only realistic way to get deposits back is to sue banks, under the provisiones of the generic bank guarantees.
We are currently organizing new low cost class actions against the Banks to recover deposits plus legal interest, so please do not hesitate to contact us to get further information. You can email us to info@gmlegalexperts.com or through our contact forms on this blog or on the website www.gmlegalexperts.com.
Yours sincerely,
Guadalupe Sánchez
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Hi John.
I am also with Antonio, my initial hearing was 22nd may which i did not need to attend. Final hearing is 18th October which i do need to attend.
Hope this helps.
Ken.
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Hi Ken
Can you just let us know the reason for 2 hearings and what is determined by them pls.
Im just wondering if the first hearing gives you any judgement and any money back, and if the second is because of an appeal from the bank etc.
Any info from your experience would be good.
_______________________
Best wishes, Brian
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Hi all.
I'm hoping someone who has been through the court process could give me some info. I am just considering joining a class action group but am very nervous about it. I don't have access to unlimited funds and was wondering if the process is just a constant flow of money. For eg if it goes to appeal do you have to pay again and so on.
Any information on the financial implications of going down this route would be very appreciated.
thanks
a very nervous claire.
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Hi Brian.
I am no expert but believe the first hearing is for the judge to hear the case and give both sides the opportunity to reach some amicable agreement. In our case no out of court deal was done and the judge ruled there is a case to be heard and sets a date for the final hearing.
Ken.
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7.30.2014 UPDATE: BANKRUPTCY COURT ACCEPTS REQUEST AND CALLS HDT FOR LIQUIDATION
Following our last thread, we can confirm that today the bankruptcy court from Alicante has called Herrada del Tollo (Santa Ana del Monte), for liquidation.
To learn more about how this new court statement affects to purchasers, please check our latest post on blog:
http://gmlegalexperts.blogspot.com.es/2014/07/gm-legal-experts-legal-news-noticias.html
We would like to remind you that we are organizing new "low cost" class actions against the Banks to recover deposits (plus legal interest), because the new company's scenario shows that this is the only realistic way to get deposits back.
Should you require further information, please do not hesitate to contact us (info@gmlegalexperts.com or through the contact form available on our website, www.gmlegalexperts.com)
Kind Regards,
Guadalupe Sánchez
GM LEGAL EXPERTS
This message was last edited by Guadalupe. Lawyer on 30/07/2014.
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Hi Yes I don't think anyone has got there money back this way I think the lawyers in Spain are as bad as the developers and are trying to get more money from those that have already lost their life savings, so beware!
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Re Willsb's saying he doesnt think anybody has got their money back, i thought some people had been succesful going down this route, if there is another way of getting your money back i would like to know, we can all be cynical re peoples motives but i for one have gone down the legal route with Guadalupe, although nothing is guaranteed i trust her judgement
Mark
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AS YOU SAY I BELIEVE IT IS WELL DOCUMENTED ON THIS SITE THAT A FAIR FEW HAVE WON AGAINST THE BANKS(ALTHOUGH NOT A QUICK PROCESS), MOST AS FAR AS I AM AWARE NOW IN POSSESION OF THEIR MONEY.
INFACT IN RECENT MONTHS I CANNOT RECALL ANYONE POSTING NEGATIVE RESULT.
MARK
_______________________ mark and paula row 4 no 439
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