won our case

just been told today that our party has won its case in the high court for our money back plus interest,absolutely buzzing to be honest,however on the email i have been sent from my solicitor it does state that they expect the bank to appeal.Can anyone shed any light how much longer this could take and has anyone lost on appeal.Over the moon but still a bit scepticle until i actually see any money in my account

Hi Gambles

Is this in the First Instance Court or Appeal Court, and who was the Bank?   Such good news, I'm so pleased for you. From what I have read you do get your main deposit back whilst the bank appeal. The Appeal takes between 12 and. 18 months, but not sure about the Suprem Court Appeal. 

Gambles, excellent news for all of us as well!

From the decision you have put here it is the trial court you had the decision from, I understand you get your deposit money back inside weeks from the posts I have seen.

When they appeal the interest it used to take a long time but with recent case laws and precedents I reckon it will be decided fairly quickly, ask your brief and let us know.

What about the costs mate?  any news on the costs you have paid along the way?

Our case is in court in February and we want to keep abreast of things happening with these cases, what is your development and who were the builders and banks?

Hi Gambles

We were in court 2nd may and same result, bank appeals. On 30th june we were told court has to accept appeal but still no money and don't know how appeal went.

Joyjo

Hi

Who is your lawyer?

Hi Briando

GM Legal

Joyjo

Just heard court has accepted appeal by bank and we have the usual 10 days to trash it, then some money may be forthcoming.

Joyjo

Joyjo & Everyone else in similar circumstances

I may sound a bit niave here,but when the bank appeals(lets just say they do) what happens then,and what grounds are they appealing as one judge as already decided that you/we should have our money back.The timescales of the appeal,any idea how long they will be? and do you get only your deposit back initially or all the lot,little bit confused with it all if im being honest (probably because im a man) any help would be most grateful.

Gambles

I think we are all a bit mystified.

I believe the bank is appealing against paying the interest and costs. It's anyones guess how long these things take but I believe the money is returned to you in instalments.

Somebody who has already received their money might be able to clarify.

Joyjo

Gambles 

We won 1st Int court in jun 2014, BBVA/SRG appeald, it took untill nov 2015 for our appeal, which we won.

The judge decided that each would pay their own costs.   We will one day reiceve our deposit back plus our

legal interest , that is if SRG who have appeled to the supreme court fail, and that could take upto another

2 years

annjoe

I may be wrong but I thought the Supreme Court had ruled we were entitled to our money back due to not having our properties built.  Is it just time wasting on the part of the banks and why is the SC still accepting appeals?

If it goes on much longer we might not be here to see the money!!

Joyjo

We went to court in January against BBVA and SGR,  a week later we heard we had won. A short time after that, we learned that SGR had appealed and we had to pay 500 euros for our lawyer to do the necessary stuff to sort that appeal out. We did not find out till June that BBVA had not appealed. At the same time we were told that BBVA have paid all our deposit and interest into the courts and we now had to wait for the court to pay it to our lawyers. We were told that would happen either July or September, we are still waiting. A further email said it might be October!!! 

It all seems so confusing, everyone has a slightly different story of their journey and the Spainish system seems like it makes it up as it goes along. I have no idea if we get all the money back at once or just part of it, or if the appeal by SGR has any bearing on things. Getting info from our lawyers is also very difficult. Glad when its all over with.....

You're very lucky if your solicitor has only charged 500 euros for the appeal.  Ours is charging at least 2500 euro and I'm fairly certain that when the appeal is finally heard the amount will be much higher (they'll just say that it's due to the Bar Association rates being increased).  We've already had to fork out 20% of our returned money on the fees which it appears they're just making up as they go along :-(

Hi Joandjez

Yes originally they quoted us 3000 euros for the appeal fee then reduced it to 500 for us, which was very helpful.Not sure if they will be other fees on top of that as we went along. Not sure also how the SGR appeal will now impact our case as BBVA have paid all our money back into the courts anyway, we havent got anything yet tho. I will keep the forum updated on how everything goes...

Wow, how on earth did you manage to get it discounted?  You must be a miracle worker!

Not sure joandjez, the lawyers fees for this that and the other are a mystery to me, still.... will keep you updated tho....

It appears that SGR are appealing many cases to the Supreme Court which has major implications in the interim period on recovery of costs.

Perhaps worth reviewing Maria's blog and associated comments and ongoing concerns.

https://www.eyeonspain.com/blogs/costaluz/16379/legal-tip-1399ley-57-1968-won-case-in-provincial-appeal-court-against-sgr-for-2-clients-who-purchased-off-plan-properties-from-the-developer-herrada-del-tollo-at-residencial-santa-ana-del-monte.aspx

After 10 years and 7 months, won  2, 1st instant cases and 1 appeal court case.   We have most of our deposit back.        We are £1,500 short of the full amount.   This is because we had to pay our own lawyers costs and court costs.   The supreme court  decision december 2015 and in march 2016 has come to late for us.   The euro rate was the only saving grace,(thanks to britex).   We now are waiting to see how much we will get from our Legal Interest, we hope it will be in the region of 19,000 Euros, the courts will decide that.

We would like to give a big thankyou to Maria and her team, Rocio for the help over last two weeks, and to Keith who has made this all possible.   Many thanks to you all.

To everyone else keep the faith and keep fighting.

all the best to one and all

annjoe

Well done Annjoe on almost reaching the end of this debacle.

What was the total time from 1st court case to receiving any money?

Joyjo