Preliminary Hearing Success

Hi  Everyone,

May I take this opportunity to wish you all a very happy new year for 2015.

i've just heard from my solicitor's secretary that my 'preliminary' [or should that be 'first' hearing?] "went well". 

I instructed my solicitor to take action against BBVA in December 2013 and the court case/hearing was on december 18th, 2014.

Apparently the judge ruled that there was a case to be heard and ordered it to be heard in November 2015.  The secretary said that the bank wouldn't negotiate an offer and preferred it to go to court.

so it's 'sit back and wait' yet again!   

all the very best,

John

Happy new year to you too john, I will keep fingers crossed for you for November, I'm still waiting on getting a date for first hearing. It's madness that after all the success people are having that the banks refuse to negotiate. Think they are hoping people will give up. I for one won't be. Good luck and keep us posted. :-) 

Claire.

Yes you would think the banks would look to reduce their ongoing legal costs and settle things once and for all. Especially now that they have had so many judgements made against them. We are waiting for our day in court against BBVA it's been dragging on forever . Hoping for 2015 to be our year.

Regards to all 

Happy New Year John,

At least you on the first rung of the very high ladder we have to climb, having only recently signed up for a class action  can't even see the ladder but hopefull 2015 will see some sort of action. Had this dream that solicitor going to ring one day and tell us that BBVA gonna settle without going to court, though sfter reading your post will now have to find another dream to keep me going. Working on time frames supplied by solicitor will mean that we will have wasted over 10 years of our lives on this saga so much for early retirement.

Interestingly was talking to a Spanish landlord last week about sorry saga and he told me his bank advised him at the time not to invest in the development as his money would be going into a black hole. Am sure we all wish that we had a nice bank manager to warn us off alas my bank manager wasn't and isn't very nice at all.

If  the Spanish Government is concerned about growth and wants to encourage investors to its shores, and if the European Commission is committed to their recent mission statement to safeguard the rule of law, then both have much to do in the year ahead to demonstrate that Banks will be made rightly and speedily accountable for their failures to safeguard offplan depositors monies, as required by EXISTING law, in a timely fashion that respects the due process of law.

Therefore I have to ask the difficult question, isn't it time for law firms to present statistical credible evidence to the powers that be (both the Spanish Government and the European Commission)? It's no longer acceptable to sit and watch as the delays to achieve justice for their clients from these Banks become increasingly abusive. Law firms should know how many of their clients are being subjected to abusive delays of this nature. They should know the details from their clients' case histories. Why are they therefore not fighting their clients' corners by making their co-ordinated voices heard, by demanding an end to this abusive practice that brings the Spanish Justice system into disrepute?

What is required are time limits on the various administrative and judicial processes and a judiciary sufficiently educated to review the evidence at preliminary hearing stage so as to make speedy informed rulings with full recognition of purchaser’s INALIENABLE rights according to all articles of existing law, instead of the fiasco that currently exists whereby Banks make a mockery of the existing justice system by “playing the system” of abusive delays and nonsensical appeals, in the hope that purchasers will abandon their fight for justice. It’s an obscenity that needs to be exposed and eradicated.

Happy New Year All.

I totally agree ads ! Well said, it could not have been said any clearer. 

Nothing that happens in Spain should be a surprise………….lets be honest it is a corrupt country that has been allowed to get away with abuses.

Only that the law 57/68 was found we would have lost everything with no prospect of recovery of deposits.

The courts facilitated the developers and the banks to make it really difficult to get any progress and to wait for years.

These cases should be fast tracked over months and not years as is the case now.

Maybe if the imposed prison sentences on the bankers for breaking the law when it is clear they have committed a crime.

Bankers are like banks all over the world ……….*ankers………..they will try to get away with anything to protect themselves.

They are guilty of a wrongdoing and are being protected by government and judges.

What about the MEP ‘s  in Europe protecting their citizens who lets be honest were scammed by a country of EUROPE

Why could they not do something useful when it was clear that so many people were effected and let a country get away with it.

We put trust in the system and being members of EU .

The Spanish government got away with it and made no effort to protect the people who invested life savings in a corrupt system.

Why can we not sue the banks or the Spanish government for damages ……..this should be a right.

I was 19 when I invested in Spain, I took advice and did research and thought I was doing something smart with my money. I'm 31 now and have zero faith in any system. I should have just blown it and had fun like most 19 year olds would have done instead of having this to deal with through all my adult life so far. 

Live and learn, I'm not that smart, lol. I still have some hope I will see it again. Fingers crossed.

Claire.

Hi everyone,

I have just joined this forum. I am one of the many unfortunates that invested in Santa Ana Del Monte with Herrado del Tollo and have not seen a penny from my deposit of circa €39,000.

I engaged a UK based Spanish lawyer a few years ago and received plenty of updates but no inkling of any success.

The lawyer in engaged is as follows:

I read on here that some of you are having a modicum of success in suing the Spanish banks that held our deposits.

I really could do with any help or advice that anyone may be able to give as this has been dragging on now for about 7 years and I really am at my wits end.

Regards,

Paul Craythorne 

In a way you are  lucky Clara you have time on your side and can pick yourself up again financially however we are pensioners and with no way to replace our capital . The stress has already affected my health and if and when we win our class action will probably be too old to enjoy!

Grrrrrrrrrrrr am angry just thinking about it.

I suppose I am if it ever happens. The whole thing is infuriating for all of us. Let's just keep hoping it is sorted as soon as.  

Claire