Awaiting the outcome of the court case.

My court case against the banks was on 15th June,my solicitor has imformed me that the decision will or could take up to August to be announced,any one else awaiting there outcome,a little bit nervous if the truth be known.

Hi gambles

We had our court case 2nd May when we were told the judge had awarded us our deposit, interest and costs, 25th we were told bank had 20 days to appeal, from when I don't know, so we are just waiting to find out if they appealed or not against the interest and costs.

Joyjo

Hi Mark. 

Can you call your solicitor or e mail them to discuss?    From what I see on here the decision is only a couple of days, the appeal can be lodged inside 30 days, I expect your team will know by now.  

Our case is in February by the way.  

Just heard  from our solicito that the bank is appealing the judgement. Now we have 10 days to challenge it, which we will.

Why do they keep appealing after the supreme court ruling said everyone was entitled to their deposit and interest!!

Everything takes so long, its ridiculous.

Joyjo

Do you know on what grounds they have appealed joyjo?

Hi Ads

Never been told why, just assume they don't want to pay the money so appealing delays the process.  It appears they appeal most cases but I've never actually heard why.

Joyjo

Could you ask your legal team to advise on what grounds they have appealed and query if Supreme Court doctrine has already been established relative to their appeal? Who is the Bank that are appealing? There needs to be far greater transparency relating to appeals.

Good luck joyjo.

Good luck joyjo all the best,hope u get every last penny off them

BBVA are appealing on the grounds of not having a bank guarantee and that interest should be from time of claim not time of deposit.

Supreme  court rulings are relevant because they establish pointers that change and shape the way bank guarantees work in practice, and where these rulings set jurisprudence all lower courts are bound by them.... If banks keep appealing cases that meet the criteria set down by these SC rulings then it begs the question who is monitoring this pattern of events to identify if Banks are in effect attempting to flout jurisprudence, or are they appealing because jurisprudence has not been fully established?

Perhaps respected lawyers can further clarify in this regard so that clients can be fully informed of the outstanding risks.

we won our case against that bunch of ***** BBVA not long ago.  to me it seems like this:  the bank appeal is mainly about legal costs [and who will pay them].  in my case, and quite a number on here, the first instance court awards return of deposit, interest [usually from date deposit handed over to bank] and legal costs. the bank appeal and the only thing that changes is the awarding of costs.  both parties more often than not now have to pay their own legal costs.  the Supreme court ruling seems to contain 'grey areas' which enables 'local' judges to make the final decision.  looks to me like the Supreme court ruling does not go far enough to ensure 'local' judges award appellants all they should get. i can't work out why the appeal judges change the ruling of the first instance judge simply because the bank ask them to. bottom line is - i got my deposit back, plus interest.  my legal costs accounted for about half the interest. with the exchange rate what it is now i will, hopefully, make a bit of extra when i change my euros back into sterling as i got e1.40 back in 2006 and i would pay about e1.20 now.  good luck with all your claims.  just hang in there and you will almost certainly get your money back and enough interest to pay your legal fees.  if not, get a different solicitor.

You need to remain aware that there are some rulings that do not backdate legal interest to date of deposit but to the date the claim was sent to the bank.

However, according to Maria "there are now 2 Supreme Court decisions which establish that interests are according to law, which is from the moment they were paid into developer's account.There are numerous Appeal Court decisions setting interest from payment into developer accounts, however costs are regulated according to the principle of defeating, and costs are imposed on the party which has had all claims rejected, unless the court appreciates, with enough legal foundation, that the alleged claim is doubtful either in fact or law basis...case law needs to be included as part of the fundamentals."

So this requires submitting an appeal against this form of ruling to gain correct backdating of interest according to jurisprudence, however costs for this claimant appeal may be split across both parties. Therefore much depends upon the timeframe between actual deposit of monies and date of claim to assess if an appeal with regard to interest is worthwhile.

Good luck all.

Do not think that the Appeal Court is only sorting out Court Costs. First Instant Court cases are not all cut and dried. Banks are looking for loopholes that make Judges question Ley 57/68. In our case they found a loophole, we lost our case and now we have appealed. We couldn't believe that this loophole was not uncovered/discussed and thrown out at the Preliminary hearing. Perhaps the Supreme Court judgement on Ley 57/68 does not go far enough in clarifying to Regional Judges what the Law stipulates, that money paid into a specific account in a bank which has been identified as a deposit for a house should be guaranteed.

Perhaps more cases are now failing because of loopholes and that is why all has gone quiet on the threads regarding Cases Won. So be thankful that some are winning their cases with deposit and interests, and remember those of us having to go to Appeal Court have years more worry and waiting to see if Regional Judges have misinterpreted the Law as it is not possible to introduce more evidence at Appeal so we are merely at the mercy of the Appeal Judges.

We won our case against BBVA in December, at Alicante, got awarded full deposit, interest from date of depositing but not cost. BBVA appealed. Found out today they have dropped the appeal and will get the interest back in next 2-3 months ( already got deposit). Shane about costs but very happy it's all over  and happy with deposit & interest!