BANCO PASTOR BANK GUARANTEE NOW AVAILABLE FOR LA CONDESA CLAIMANTS

Obtained by our legal teams through a current judicial procedure: Anyone interested, please do not hesitate to contact us

www.costaluzlawyers.es

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I am one of the clients of La Condesa de Mijas, I had paid 89K in 2005, I have won the first instance and the appeal vs sol mijas. I have changed one lawyer and all legal expenses have been paid by me.  The Developer agreed to pay 60K back in 2009, but I refused, now he has made a second offer of 57K, after the lawyer takes his share I am left with peanuts. If I decline this amount and ask the court to take action against the bank, I am advised  that there will be a lot of hard work to recover the full amount and have no idea how long the case may continue as the Developer is appealing every step forward they take, even if they don’t have any legal argument for it  they just invent up one.

I look forward to your comments to my situation.

Many thanks - JE 

Condessa: your situation is ideal for the action against the Bank to be started now. It might take several months, one year, maybe but the result is very safe now as Supreme Court has already backed this type of claims

I believe that Sol Mijas Developers didn't include the IVA on the Bank Guarantees and as far as I know this was wrong. Most of the forums and solicitors websites suggest that the Bank guarantee should cover ALL monies paid to the developer via the conveyancing solicitors. I and one other so far have found this. We used Lawyers of Spain because they were used by ADH. I know some individuals did not get Bank Guarantees, and the only conveyancing solicitor involved there was ELS.

I so wish these people fully understood how they and their greed affects purchasers lives when things go wrong.didn't have the IVA on their Bank Guarantee to PM me - I believe there may be a case of fraud to answer to, because if your refunded what are you paying tax for????

I would greatly appreciate anyone who   

Gill:

Whatever it is written in either the General Policy or the Individual certificates or guarantee, by law, amounts covered are all you actually paid in the developer´s account or to the developers as stated in the contract. Regardless they were part of the price or VAT.

Solicitors who did not check on the existence of Guarantees are also liable, according to Case Law.

Thanks Maria....I still have no car, and am considering my options regarding the Sol Mijas experience - given that the previously employed solicitor also refused to honour my wishes and was charging so much. I am determined too to clear my name as the previous solicitor I employed to return my 'wealth'.  If the previous solicitor co-operated things may have been different ie I would have had the legal costs and interest from the 1st Instance against Sol Mijas Developers SL and the Appeal. I'm not sure if the embargo has been lifted as the bank has paid the guarantee amount as this was put in place after Sol Mijas Developers SL didn't pay the Judgment imposed by the court in 2007.

The 5565 Euro (plus interest) would provide me with funds to buy a car and progress my life - I also need a good ending to this as I intend to publish my story. 

Good!