HDT deposit interests

As explained by Guadalupe, Spanish Procedural Law states that loser party must pay legal costs, but there are some exceptions. If the pleadings are partially upheld, loser won't have to pay legal costs (unless the Judge estimates there has been "reckless litigation"). Also, if the Judge understands that there were serious doubts in law or in fact, could state tat loser won't pay legal costs.

From our experience, we can say that legal costs are granted in many cases, but there are cases in which the Judge estimates that interests should run at the legal rate (not 6%) and, because of that, considers there's no reason to charge legal costs to BBVA because the pleadings have been upheld just partially.

Thank you Guadalupe.

If you have a Generic BG linked to the developer is it more likely for costs to be awarded...in other words would you consider there would be less doubts in law in this instance for the judiciary to rule upon?

Has the judiciary expanded on the "serious doubts in law or facts" upon which they based their ruling not to award costs?

Many thanks.

Hi

Can anyone tell me how long should it take for court to release money.

The court are holding my money after an appeal was won and costs awarded

against the bank.

finding it hard to get information from my lawyer who says it can take months. 

My most sincere thanks, once again, to Guadalupe Sanchez, GM Legal Experts and Emilio Lucas Marin, Lucas Asociados [my own legal representative] for your much valued answers to these difficult [and confusing] questions.

The High Court's decision with regards to generic bank guarantees will be extremely interesting to see.  It does seem like the courts are favouring depositors more and more.  I hope this will be the case in this matter too. I'll be reading Guadalupe's blog from now on.

My case was heard on 28 May and I eagerly await the judgement.  Of course, I will let everyone on here know the outcome [whichever way it goes].

Thanks to all who post on here, as it has been a 'team effort' on this forum by many people who have kept the fight going for around 7 years now.  

best regards,

John

Hi john, I have a quick question if you don't mind, my case is just about to be filed at court and I was wondering on time frames. How long has it taken for you to get to this point from it being filed? 

I would also like to say a big thank you to everyone who has posted and shared on this site, it has been really helpful.

claire

Hi Guadalupe

If the High Court Civil Chamber sentence in our favour ( those of us who couldn't claim legal costs) , does this still make no difference to us as sentence has already been made

thank you 

Diane

Hi All

I now understand and accept the legal costs I have paid are correct by Spanish law (if a little high still) to gm legal.

This was only ever about understanding why I was paying what I was paying.

What concerns me is if I had not gone for a group action (as we I didn't accept the builders ridiculous 5 year offer), would I have recieved my costs, as they would have been no doubt about my claim.

Also if the high court does state that costs can be claimed back, can we go for our costs again. I would gladly pay 1/3

of my potential costs regained to gm legal to get back the other 2/3s.

Just for the record, Guadalupe has done great job for us and the solid response we I have seen on this subject suggests that this remains the case.

The main reason for my EOS post was due to my confusion and possible lack of response from the original contact from gm legal, not Guadalupe>

cheers

Hi Clara29,

to answer your question - 

it took around 12 months from instructing my solicitors to having the 'preliminary' hearing.  we did not attend it.

it then took around 6 months for the first hearing; again, we did not have to attend it.

from what i've read on here there doesn't seem to be any consistency at all with any part of the process.  it could take 6 months or 12 months for your 'preliminary' hearing and 3 months to 18 months [at the very worst] for your first hearing. don't worry too much though - i imagine my timings are probably about the average.

as for the outcome,  again, it seems like every case ends with a different result. i guess you can only hope that you've chosen a decent legal team and that the judge is on your side.  good luck with it.  it does look like taking action against the bank is the best course of action so at least you are on the right track.  

the above represents only my experience and opinion in this matter.  you could ask 20 people the same questions and receive 20 different answers. 

all the best,

John

I hope FIFA never end up in a Spanish Court.   We could be looking at the 2050 World Cup before we have any answers!!!

Hi John,

thanks for your reply it really helped, I'm with guadalupe at gm legal and have full confidence they will do the very best they can for my case. Fingers crossed, I will keep posting.

claire

My deposit when into a savings bank account at CAM Bank. My solisitor is having trouble finding where it when next. Any one had the same problem. Please let me know ........