PARTIALLY WON CASE

Happy New year to all our Almanzora friends. Do not know you but have got to know a lot of names over the past 11 years. We won our case in February 2016. Then the Bank appealed  the amount of interest as been ammended by the Provincial appeal Court.Now it means we can only claim interest from 2014 and not 2006.So even though we won the case and was awarded inerest from 2006. The Bank appealed against this and of course they won and now it looks like we may get around 4,000 interest and not 30,000.This We will appeal to the Supreme Court because the amount of interest we would lose is substantial.

Another year as gone by and still no payment even though we won the case well partially. Good luck to everyone who are trying to get the money back after all these years. Never give up Ann.

Talk about a law unto themselves ? what a bunch of crooks they make it up as they go along .

We have had notification from our solicitors to say that we have won the case and the bank have been sentenced to pay back our capital plus interest. The Bank have appealed and our solicitor has told us that we now have to wait for the outcome although he is optimistic. Is anybody in same position and how much longer is this likely to go on for??

Almost 12years of waiting and we are being told that we must be patient - what a joke!!

My feelings on this are....They have around 20 days to appeal.  If they are appealing, ask your solicitor to discuss with you the grounds for the appeal.

If they are only asking to appeal about interest and costs, insist your solicitor goes recover the capital for you, discuss very strongly.

We also won our case with two other parties against Banco Popular in Feb 2016 for the return of capital plus interest.  The Bank appealed and the Provincial Appeal Court decision was made on 19 December 2016 (10 months after our case).  This partial appeal sounds like Ann's below, “Upholding in part the appeal filed by Banco Popular Español against the Sentence dated 22 February 2016, we partially revoke that Sentence only in relation to the interest which will now be at the ‘legal rate’ payable from 15 October 2013 (date Lawsuit filed)

until actual repayment. We have decided to take this to the Supreme Court as we stand to lose E35k in interest.  QUESTION...has anyone actually received their interest back, or have most banks appealed against paying interest in full? 

Hi

So have you received your capital back?

Yes we were lucky enough to get our capital back, after 12 years and 4 different solicitors.  Just wondering if anyone has received their interest back as well?

We received our capital back in March 2015 but are still awaiting our interest and costs which amount to around 34,000 Euros still being owed. Apparently the bank has paid the courts but the courts haven't paid the solicitor yet! Can't believe how slow the process is and cannot for the life of me understand why the court is keeping hold of the money - fuming is not the word!

Gazza.   What a crap solicitor you got mate....disgusting.  

Our solicitor has kept us informed all the way, it's the courts that have been very slow

Vcolvill

Have the Bank actually deposited the monies with the court, or issued an Aval to the court?

Do you know if there is already a SC ruling in existence with regard to interest backdated to date of deposit ( as opposed to date of claim) and as such is this a second case to be put before the SC on the same point of law, which would, if successful, result in jurisprudence for all judges to adhere to? Good luck in your claim.

It would be really helpful if Maria might be able to clarify on this point of law with regard to interest and also advise if Banks are now not depositing monies with the court but issuing Avals as an alternative? Does this compromise preliminary enforcements?

Gazza.   I admit my reaction about the solicitor was a little flippant.   But I do recognise the responsibility is in both camps, the solicitor has to make demands on the court for such an important closure for you, and once the money is deposited and cashed by the courts it is obvious it does not belong to them and should be processsed straight away.  

If Spain are part of the FOI rules the EU courts are proud of, you should be able to find out the dates and destinations of the money shouldn't you?  

The part that Ads raises are the ones your solicitor should have informed you of, ask for more  is no longer your battle is it?   It looks like you won from where I am sitting.  

good