Money Being Returned To Me After Court Case

Hi All,

m

My solicitor has promised that my money will be returned to me this month after my First Instance Court case four months ago.  Can't wait to spend it!!   Really looking forward to getting it back;  only a few more days to wait. Hooray!!

I'll let you all know when I get it!

regards,

John

Congratulations John am pleased for you, hopefully at the end of a long road we will have the same outcome.

Enjoy your spending spree!

Hi Arlene,  many thanks.  yes, it's been a very long road to get to this point.  the bank have appealed against the first instance judgement but i feel we are finally getting somewhere.  the court case was at the end of May and the bank [BBVA] appealed on the last day given to them to appeal.  i don't know how long it will be before the appeal is heard but from what i've read on here it might be around this time next year.

all the very best,

John

Hi John, how do you get your money before the appeal?  What are they appealing for and how can you spend it until the case is final, surely you could end up losing at appeal and then be out of pocket?

Hi,  i believe it is quite common to have the deposit refunded after the first instance court judgment.   the legal interest and legal costs might be refunded later [although the bank might have to pay the money into the court's bank account until post-appeal].  some people seem to get it and some don't but my solicitor [Emilio Lucas] told me a while back that i will get my money this month.  as for spending it, i will probably leave it in a bank account until after the appeal but it will be nice to know it's in my bank - not theirs!  good luck with your court hearing.

regards

Still haven't got my money!  been expecting it every single day for the whole of September too.  

Does anyone know how long the banks have to refund the deposit after being ordered to by the judge?

the case was four months ago.  the judge ruled in my favour around four weeks later. the bank appealed around four weeks after that. my solicitor said he would ask for enforcement straight after that [hopefully he did that 9 weeks ago].

can't believe all these built-in delays!

Hi, I think we got our judgement in April 2013 and got our refund in the August of that year. They aren`t in any hurry to refund your cash!

Cheers Joanniemac

My husband & I just stumbled upon this forum so apologies if we ask anything that's  been discussed in length before!

My husband put down a deposit for a property before we met and I think the last correspondence he had was in 2012 from Herrada del Tollo saying he could put the money into another property & how some people were taking legal action against banks which they would not advise etc. He wrote several emails to Herrada asking questions & for updates but nothing surfaced. So here we are in 2015 reading that someone is getting their money back!

We would be so grateful for a summary of the current situation, what people have done/ heard etc.

Thank you in advance.

Your husband will get nothing from Herrada del Tollo. He needs to claim against the bank that took the deposit from Herrada del Tollo.

There is a law ( ley 57/68 ) which sets a legal obligation on banks taking off plan deposits. your husband will need to employ a legal team that specialises in this type of claim. 

If you locate the threads on this eyeonspain forum that have been published over the past two or three years ,then you will perhaps identify the course of action and the names of recognised legal teams that have had successful claims in this type of work.

it is a very long process but it is proving to be the only means of getting deposits returned to purchasers.

good luck.

Thank you Broph.

Preliminary Hearing

Hi, I heard that my case goes to a preliminary hearing on second June next (2016).

The information I have is that this procedure is a preliminary hearing and a final trial ??

So can anyone tell me where I am in the process compared with some of you guys who have been paid back?

From prelim hearing to payback-----------how long anyone know?

In my case it will be just under 2 years from preliminary hearing to getting my money back.  

1.  Dec 2013 - instructed my solicitor to take action against the bank.

2.  Nov 2014 - preliminary hearing.

3.  May 2015 - first instance hearing.

4.  Nov 2015 - refund due.

hope this helps, good luck,

John

Thanks John.

In your case does this refund also include costs and interest mate?

Hi Brian,  I hope it  does.  I've asked my solicitor for full details.   Been advised money should be in my bank next week.  I'll let you know what it consists of.

regards,

John

Well done, great news.

Yes please let me know it will help with my own understanding, ta.

Finally got my money back.  it's the whole of the deposit plus some interest.  the rest of the interest should be received.'soon'.   however, just my luck, the bank BBVA have appealed against the judgement so I now have to wait for the outcome of that hearing.  no idea when it will be heard. my case was won in May so it's now 6 months on, which seems a long time to be in the dark about the appeal date.

anyway,  so far, so good.  many thanks to my solicitor Emilio Lucas of Lucasasociados for getting us this far.  He has done all he said he would do, no false promises, just gave me his opinion on what could happen.  so, thanks Emilio!

Happy Christmas shopping John the nightmare is over for you!!!!!!!!!!!!

John123

Why are they only appealing now. I think they only have 20 days to appeal. Unless your solicitor sis not inform you. If the case was won in May, was this the First Instance Court Case, and has judgement and sentence only just been announced by the Judge. I know there are months to wait during the First Instance, the Judgement and then the sentence, but I thought the Appeal had to be lodged after the Judgement?  

EX M11

Hi M11block, sorry for the confusion. so to clarify..... first instance court case was in may.  bank appealed within the 20 working days allowed to them.  my point was that although i have, at long last, received my money back it is still, ultimately, subject to the outcome of the appeal [no date has been set for the appeal hearing].

Arlene,  thanks for that.  more boy's toys for xmas!! yipppee!!

best regards, John