What a shame this action group never materialised! On the 9th of Febuary I this year I had a 'request' to attend the Estepona Court No 3 for what turned out to be a 20 minute hearing.
I discovered that not attending would have been contempt of court - so I would have automatically lost my claim of 69k Euro plus IVA. I paid this offplan deposit, via my then conveyancing solicitors, to Ocean View....which was a Derby based company if anyone cares to check, in September 2004. It is almost 13 yrs from then, and despite the conveyancing solicitor stating (via email) that there was a bank guarantee (I knew about this because Andalucian Dream Homes (estate agents who came to a Manchester property show - and where were Trading Standards???) made a big thing of 'if anything goes wrong you have the bank guarantee'...how many of us fell for that I wonder??
Anyway, it is 6 months tomorrow that I have waited for some sort of court decision....and as i approach my 61st birthday I realise I have wasted so much of my life fighting to get MY money back from companies that employed unsavoury individuals to defraud consumers. As well as Spain I have lost funds on other things after downsizing. I was widowed in 2010, but just prior to that i had the funds to start litigation for my 30% Casares del Sol deposit....the 'dream' turned sour and in addition to this 'fight' I have one that it seems no Spanish solicitor wants to take on.
Why, you may ask yourself?? Because it concerns banks, solicitors (Power of Attorneys), estate agents and the fact that no authoritative documentation was asked for. Myself and other purchasers eventually decided the best course of action was to stop paying the expensive monthly mortgage payments and let the flats be repossessed. As things became clearer, we all found out that the Estate Agent was marrying the builders niece - we were all directed to the same solicitor, and the estate agent took me to 2 banks to open accounts.
At some point I intend to publish each transaction where I lost funds..... people need to know and understand that these things (corruption) were widespread and the pain and heartache many have endured happened to many other individuals. My own experience and journey has been made so much harder because I am alone, with absolutely no support. I have attempted to resolve things by meeting solicitors, hoping they fully comprehend the mess I got myself into because I trusted 'untrustworthy' individuals - who must have laughed their socks of at my stupidity.
I now know that I made a massive error of judgment fighting so hard for my money....Spanish Banks are still playing hard ball - even with widows on little income (ESA and a small widows pension) Shame on the Spanish Banks and legal system for ruining lives.
As a child I loved Spain, those were the Franco years, when things appeared better and Franco introduced laws to protect consumers. Now, it seems, that the Spanish Banks are attempting to deny their role in the Offplan Corruption. In my own case the Bank representatives implied that , as they had purchased the original 'toxic' bank after my contract, they had no knowledge of anything.
If larger company buys a smaller company in the UK (presently in the EU) it not only purchases the assets, but the liabilities too. I am sick and tired of surviving...I have forgotten what it is like to 'live'......perhaps Spain was better under Franco? Who knows.
My mindset has changed over the past few months...I now believe that I need to find a way to 'live' again without my money from the Spanish Bank. All i can say is that my disappointment is immense.