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I had copies of bank guarantees but not the origionals. The solicitor that we used informed us that since the law change in spain this year bank guarantees were not required you only need proof of payment. I used a solicitor who worked on a no fee basis (they just kept any interest) and i got back the full amount of my first payment from Caja Murcia. They are now working on the second payment which was with Banca de Valencia and they say this will take approximately 12 weeks (the first payment was sorted within 6 weeks). If you would like i can post the details of the solicitors that we used on the site and provide contact details for them.
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Hi
Please can you ask (or perhaps you know) which law has changed and where it says Bank Guarantees are no longer needed in order to get a refund? I would like to share this info with my solicitor.
Thanks
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To my knowledge it is a law relating to the banks and not the builders. The law is to do with banking practice (all banks should have issued guarantees but they were negligant in doing this) and it is now biting them back.
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A funny thing happened to me today...............Yesterday I thought I would email our solicitor to find out if there was any news or activity on a case that we had got involved in at the start of the year to try to retrieve our money from the bank. The solicitors had originally contacted us to see if we wanted to be involved in a joint no win no fee case, and with nothing to lose we agreed. We didn't have many updates only when prompted and then it was only saying they were still collecting info and still adding new clients to form the case. In early Aug we rec'd an email saying they needed our up-to-date details and that on the 4th of July they had submitted a lawsuit to the courts against Cajamurcia and were awaiting confirmation from the court about the court number and the number of the process? We have heard absolutely nothing since hence my enquiring email yesterday, and the answer today was basically.................Dear......... Congratulations we have successfully retrieved your money, Cajamurcia did not want to go to court so they have accepted your claim for a refund!!! Please send us your bank details and our admin department will arrange for a transfer! WHAT, WHEN, HOW did this happen? Was anybody going to tell us? This could not have been a coincidence that I got in touch at the very same time this happened. I'm baffled. Obviously we don't have any money yet but watch this space I'll keep you posted.
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Hi we are with Fusters Solicitors. We got First stage payments refunded in June 2013 & have a court date in March 2015 regarding the second stage payment. Worth contacting Jose at Fusters. It took us 7 years to get First stage payment back but now that presedence has been set it should be quicker for other parties I would think. Monet reclaimed was from the banks not HUMA
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It does seem a little strange as it only takes 3-4 weeks to recover bank guaranteed funds from Caja Murcia
_______________________ Paul Armstrong
Alonso Haro Solicitors/Meoro Aviles
www.ah-solicitors.com
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Today at long last we received our second stage payment back, a great Christmas present and I still can't believe after nearly ten years since the nightmare began we are now all square. Good luck anyone else still waiting out there, there is a light at the end of the tunnel.
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Wow thats brill news, what a christmas present, thats all we wanted for christams is for that great news.We are still keeping our hopes up and have trust in our soliciter. Now the big and important question how did you manage to get it lol
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We had a joint action against Cajamurcia through Fuster, we had no bank guarantee for this payment. Cajamurcia did not want to go to court as they had lost previously so they settled before hand. The banks know they are at fault as they knew what the money was for and failed to protect it by putting it into a special account. We were told no bank guarantee is neccesary only proof of payment to the account which your solicitor should have. We had a no win no fee deal and after a 20% cut taken by our sols we still came out with our original cash.............. good luck everyone
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Its great news that you got your money back, well done!! However to say you are all square is probably not the case as you have lost 20% to your solicitor, probably lost a lot in interest, lost you original 3005 Euro's, your original solicitors costs and had the stress and strain of a 10 year fight!!! But this is still great news and I hope that it is some form of encouragement to all the others who have been stiched up by the Spanish legal system.
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Because of favourable euro rates particularly on the the first refund which was almost 1 for 1 (2010), after all solicitors fees on both claims including the 20% agreement and the initial £2000 non refundable deposit we have come out of this approx £3000 up. I realise we would probably have earned more interest if it had been invested here but to say I'm happily relieved is an understatement. Don't forget with taking the banks on you get the interest on your money for the years they have been holding it, that takes care of any fees owed.
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Hubbies going to London tomorrow to get our NIE number for our solicitor,ready to take bank to court,I really hope this works as this is our third solicitor and more costs. I think it is all wrong how we have been treated and to be so happy and to be celebrating getting our own money back, which is rightfully ours is dreadful,but we will be just glad to get our money back to pay for what we borrowed, instead of having to pay it back over 15 years with nothing to show. If we get any extra it will be a bonus but will never get rid of this sour taste and upset this has caused for the last 8 years. I still find it hard to think a few people who we thought were genuin and friends(,not all Spanish i might add )could do this to anyone. I still wonder if the agents/solicitors that abandoned us after taking their share wonder how were all doing,if they have a consience,or even get in touch to say were sorry for what happened would be nice.
But hey ho you learn from trusting people which is a shame there are some genuin people out there that will loose from this.
Happy New Year and good luck to all that is still suffering.
x
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Trudge, agree with your sentiments, Spain has let a lot of people down. Best of luck with your action and I really do hope you and many others get a result. Lets hope 2015 will be a far better year for you and bring an end to this misery! Happy 2015 to all, especially those still fighting the system for what is rightfully theirs..
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I think this news is what everyone has been waiting for - a win in the courts against the banks from someone who did not have a BG and having actually received their money back. There have been many people who doubted that this would ever happen having totally lost their trust in the Spanish legal system. Hopefully the floodgates will now open and everyone will follow suit and sue the banks (I am waiting for my case to be heared in the courts).
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Dear ALL.
REF: ACC.
I am writing to tell you that my Solicitor in Spain Jose from Fuster took Bank to court and won the case date 03/12/2014.
Since that date i have NOT received any payment?
My questtion is, is there anybody who has won the case and how long did you wait for payment from Bank.
I look forward to any new ideas please.
Regards
EDWARD.
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