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Hew1,
thanks for your speedy reply. i'm getting confused by all this. i thought the bank appealed at the first hearing and that is why there is a second hearing. are you saying the bank appeals at both hearings? when was your first hearing again? [just trying to estimate the length of time between the two hearings].
thanks again, hope you get your money soon like joanniemac.
regards,
john
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Hi John,
The bank appealed after our second hearing too. The first hearing gives the bank the opportunity to ask the judge for a
second hearing to cross examine you. It`s all delaying tactics, the bank know they are in the wrong and are doing every thing in their power to wriggle out of returning your deposits! The second hearing was quite daunting, and I did feel quite intimadated by the banks lawyers, however I gritted my teeth and told myself this was my only chance of getting my money back and stick to my guns and the advice my lawyer gave me. We were lucky with the time frame, our first hearing was at the end of September and the judge ordered the second hearing for the 13th of November. It can be anything from 6months to a year for the second hearing to come to court. The bank only appeals once the judge has given his verdict, this is known as the " inform " then they have 20 working days to appeal. Ours dragged on because someone in court was sick and we didn`t get our verdict till April.
Hope this helps
Cheers Joanniemac
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Hi Joanniemac,
many thanks for your very helpful reply.
that helps a lot actually. kind of what i thought but you've spelt it out clearly enough even for me to get to grips with it.
maybe i had difficult getting round the idea that the first hearing seems to be for the sole purpose of having a second one! :) [plus, of course, as you say, gives the bank a bit longer to make more money from ours]. i wish my solicitor could simply arrange with the bank's legal team and the judge to skip the first 'pointless' hearing and go straight to the second as it's a certainty that that is what is going to happen.
guess i'll just have to wait another couple of years perhaps!
thanks again Joanniemac, i'm genuinely happy for you for getting your money back.
best wishes, John
This message was last edited by john123 on 16/08/2014.
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Hi all
and well done with the refunds we also got our money back in April just gone
but we only got 80% as the rest is been held til the outcome of a Supreme Court decision (god knows when)
did this also apply to you? Apparently the Supreme court must now decide if we get legal fees and interest
because the banks have appealed this too just like everything else appeal appeal appeal
regards
sandra
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Hi Sandra,
No, I got my full deposit returned. My lawyer hasn`t mentioned anything regarding waiting on a ruling from the Supreme
court. Don`t know when we will get the interest and costs, I was just glad to get the deposit back, anything else will be a
bonus. Our case was heard in Alicante, where was your case heard?
Cheers Joanniemac
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Hi
our case was also in Alicante we lost our first hearing but won on appeal
i was told by another lawyer too that the 20% is standard and alway held back by lawyers until the case is finalised
this money would be used to pay their legal fees if we lose the legal costs
so that's why I'm a little surprise that you go all your money back
what happens if you lose your legal fees your lawyer might have difficulty claiming you if you've disappeared
maybe Maria or someone else can clarify these even more inconsistencies from case to case
regards Sandra
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Hi Sandra,
It seems that there are inconsistencies from case to case. I had to trawl through countless emails and paperwork to find all the amounts I had paid out to HdT, it has been so long, I could have been wrong about all the funds returned by the court. I would hate to give out wrong information, however on checking I have received the 3000 euros reservation fee, the deposit and also a refund of over a 1000 euros which was a deposit towards central heating. There has been no 20% retention. My lawyer knows I will pay his costs if we lose the claim for interest and costs, we had already discussed his fees had we lost the case, so I know roughly what I need to keep in the piggybank!
Cheers Joanniemac
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As there has been an important number of purchasers of Santa Ana del Monte who have been in contact with us since Herrada del Tollo was called for liquidation, Guadalupe is organizing meetings in UK for the first weekend of September (between the 4th to the 8th). Final dates and places will be confirmed depending on the number of people who previously confirm us their interest to attend meetings. So if you are interested in meeting with Guadalupe, please let us know and email us toinfo@gmlegalexperts.com.
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Kind Regards,
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