Money Being Returned To Me After Court Case

Congratulations John can you tell us where abouts your court case took place?

Margaret and Charlie

Hi Margaret and Charlie.  it was in alicante court.  hope this helps.

Hi

Just had e-mail, we  have won our appeal case against bbva/srg.   However we have to pay our own

legal costs, I expect we will also have to pay out court costs as well.   Now we wait the 20 days to see

if there is an appeal from bbva.

annjoe

It's been along road foryou both Hopefully you near the end. Hope you enjoying yourselves.

Arlene, I do hope they don't appeal and your fight and worry is finally over. Did you get enough interest to cover the Court Costs and Solictors fees? This part is quite worrying, I think if these developers and banks have made us suffer and had our money all these years, in our case ten years, then they should be made to pay the costs.

Alas it not me that has won appeal I just posted a reply to Ann and Joe as we know them.  We only at the start of the proccess and it took our solicitor a year to file our case so not expecting quick results. To best of my knowledge most of those winning their case receive interest on top at between 4 and 5% depending on contract/court or if the judge has had a row with the wife that morning.

Being Spain the rules change and no two judgements appear to be the same. The bad news is most of the interest is swallowed up by solicitors fees and, banks still not playing fair it's appeal appeal appeal! 

Thanks Arlene, hopefully Ann and Joe will reply, I think you're right about all the money being swallowed up, reminds me of one of the Dickens novels where all the money they were awarded was swallowed up by the courts and solicitors, whilst the poor clients got deeper into debt over years of fighting for justice.

 Fingers crossed that over the next few years things will become easier and the Courts are  more sympathetic to what buyers are going through and have gone through for many years.

Arlene

We can expect to pay another 3000E if bbva appeals, on top of the 8500E that we have already paid.

Our contract states 6% per annum, approx 28500E less court costs, 1st instant and appeal,  not a lot left is

there.  Oh and not forgetting lawyers fees???.  

Is it worth it?, yes, if only to help the ones who still trying to get their money back, would I do it again YES.

We probably will not return to spain again, one regret not seeing Puarta de Mazzarron, whose who have been

will know what I mean.

annjoe 

4749AnnJoe,

you wrote 'we  have won our appeal case against bbva/srg. '    i assume you meant that you have won your first instance hearing and are waiting for the bank to appeal against that?   i won my first instance hearing where the judge ordered the bank to me my full deposit, plus interest, plus costs.   i now have all my deposit back in my UK bank.  not sure what rate of interest i was awarded [we asked for 6% but i'm pretty sure it will be a bit less]. i have received some of the interest already [around euros 15,000] and my solicitor tells me that there is more interest to come. can't remember what he told me about that but i think court is holding some of it back for some reason.  the bank [BBVA] have appealed but i do not know when that hearing will be held.  

congratulations for getting this far and winning your first hearing.  

John

john 123

No we have won the appeal at the appeal court.   If bbva appeal it will be to the SC.

4749annjoe

4749annjoe,  sorry, thought you were talking about the first instance hearing.  i understand it that very few cases go to the supreme court. i truly hope that yours and mine don't.  

i was just wondering how long it took from your first instance hearing to your appeal hearing.  my first instance hearing was in May but i have not been informed of the date of the appeal hearing.  also, was yours in Alicante court too?

also,  did you have a bank guarantee [we don't] and at your first instance hearing were you awarded costs [we were].  i've heard that sometimes even though the first instance hearing awards you costs, the appeal judge can change this [or possibly any part of the first instance judgment]!!

just realised you live in blackpool - we're neighbours then, we live in poulton!

regards,

John

hi john

we were in no4 court orihuela on the 14 jun 14.

judge awarded deposit, legal interest and court costs.

appeal court in Elche on 12 nov 15

judge awarded deposit and legal interst, but , revoked the lawyer costs and court courts, so each will

pay their own.

judge made the decision because of a SC ruling made in sept 15 regarding costs.

yes we live just off waterloo road.  I think we have already been on the e-mails, will send you one.

annjoe

Hi Annjoe

We are possibly in a similar situation to yourselves.

Our first instance court hearing is also in Orihuela and will be 4th June 2016.  I expect a similar result because we have been without a bank guarantee although have proved the amount paid, what paid for (albatera off plan) and who to (san jose-BBVA).

Im just wondering what did you achieve in financial terms after your first instance result, did you get a payment back and what did it represent against your deposit and interest, also how long was it before you received anything in your account please?

Brian

Hi Briando55

After the 1st instance court our lawyers applied to have our deposit and legal interest plus legal fees paid into our client account.   We know how much our deposit is, but we do not know what legal interest, or at what rate.   We had to wait to see if BBVA would appeal, which they did.   We had the appeal on the 12th nov and notified on the 26th nov that the BBVA appeal was dismissed.  

However the judge revoked the costs for  both cases, therefore we have to pay our own costs.

There was a SC ruling in Sept 23rd  that has ruled on an  almost identical case, the part that covers the cost by the SC is.

Reguarding costs we consider the SC sentence dated 23 th September 2015 which says 'Although the appeals have been dismissed, in view of the serious doubts raised reguarding the scope of coverage of collective policies (general guarantees) when no individual guarantee is issued, we do not impose the costs on the appellants.

We now have to wait for 20 days to see if BBVA make an appeal.   If they do not appeal we should be informed by our legal team , and then arrangment will be made to have our money returned to us, and only then will we know how much there is in the left in the pot.

annjoe

Hi,

Please would it be possible to identify what were the serious doubts raised regarding the scope of coverage of collective policies in this case, as this appears important for future generic BG claimants?

This appears in contradiction to a provincial court ruling that Maria identified in her recent Legal tip 1348 which related to a claim against BBVA when the assessment was made that "Once there is a general guarantee, all having evidences of payments made to the developer account....wherever it is....has rights to refund against the General Guarantor."

So what do these serious doubts relate to, as expressed by the Supreme Court on 23rd September 2015, that gave rise to their concerns?

I'd be really grateful for clarification.

Many thanks.

Ads

As you will gather we won the appeal,  Maria and her team has done us proud again, I do not ask as many questions as I should but I prefer to let her and the great team get on helping others and she always lets me know what I need to know.   I was a little suprised that she has not put our appeal on her blogs, she will have her reason no doubt.

When I climbed out of my sick bed and read the e-mail from keith, to say I was not a happy bunny is an understatement, I have cooled down now but I have no idea what the magistrate is refering to.   I have spent almost 2 days trying to find anything that relates too it, so I can only suggest that maria can give us the answer.

I do not fully understand it, but I do know that it is further cost that we will have to pay, at this rate we may be lucky to get our full deposit intack.   It looks like the goal post have been moved yet again.   Sorry Ads I know it is not the answer that you are looking for, perhaps maria can help, again.

kind regards

4749 annjoe

Exactly how many trials are there?

we had a pretrial in november after banks were informed and given time to appeal. We have the next trial in May 2016  at Alicante and have to appear. What is the next step?

Just curious though its a process we have to go through, what outcome might be

Joyjo

Joy Jo,

from what I understand your second hearing is the one the case is actually heard at. Just had ours at Alicante this week and we are told result should be December or possibly January with it being Xmas. We were told from the outset that we did not need to attend as the courts are well aware of the proceedings now and do not neccecitate having complainants to give evidence (unless yours is different).

mark

Mark

We didn't think we would have to appear but we have to go to this trial in alicante.

Hopefully, things will work out in our favour because we can't just pop over to Spain whenever. From Scotland flights aren't cheap.

Joyjo

joyjo,  my first court hearing [the preliminary hearing] was also in alicante. at first my solicitor told me that i would probably have to attend but i questioned it a couple of times and in the end i was informed that i didn't have to !!

the second hearing [the first instance hearing] was also in alicante. i was informed at the outset that i need not attend this one.

fingers crossed you won't have to attend at all. ask your solicitor to find out for sure and tell him that you know people who didn't have to attend. sounds like he's giving you the 'default' setting without actually asking the court.

best of luck,

John