Have to report to the Court

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21 Jan 2017 3:51 AM by Dieterf Star rating in Australia. 1 forum posts Send private message

Hi,

We have been told we have to appear in court in Spain in February this year. We now live in Australia. Does anyone know why we need to physically appear. We don’t want to lose our money, but we also don’t want to waste our time flying to Spain and the all that happens is the case is postponed.

Does anyone have more information?

Thanks

Dieter




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21 Jan 2017 8:44 AM by briando55 Star rating in Yorkshire. 1982 forum posts Send private message

Hi.  Have you given power of attorney to your lawyer? 

I don't think anyone can give advice that your lawyer can't answer though, there must be a reason for attendance, I bet flights are very expensive from Oz.   I reckon the bank is wanting to hurt you in the pocket as much as they can, to try and get you to back off.

just get stronger mate and make your lawyer earn the fees. 



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24 Jan 2017 3:44 AM by arlene2804 Star rating. 127 forum posts Send private message

We are in same situation and have been told that if we fail to appear that court has no option but to  accept banks version of events?

I think and unless someone tells me otherwise it is so you can be cross examined by bank legal team.

Speak to your solicitor and take their advice, after  all that's what they getting paid for.




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24 Jan 2017 10:12 PM by clara29 Star rating in South yorkshire. 29 forum posts Send private message

i cant understand what it is they need us for. Could anyone on here explain? 

Claire.




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24 Jan 2017 11:58 PM by briando55 Star rating in Yorkshire. 1982 forum posts Send private message

It may be something to do with trying to establish if a person is wanting to become a living resident in Spain or having a second home.   Or if they are just buying off plan in several places to make money.  

I heard somewhere that proving someone is just a multi investor is fair game to lose money.  Check that angle out?



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25 Jan 2017 2:26 PM by joyjo Star rating. 121 forum posts Send private message

Hi Dieterf

Seems an awful long way to travel just for approximately 30 minutes in court. Arlene is right, each purchaser is cross examined, through an interpreter, by the banks lawyers. They do like to know there are no investors.

To my mind, it shouldn't matter why the houses were bought, they were not built so the money should be returned without all this hassle.

Briando is right, speak to your lawyer. Is there anyone who was with u at the purchase who could stand in?

After all this time u are a known purchaser so there should be no problem with your lawyer standing infor u.

Good luck

Joyjo




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25 Jan 2017 6:37 PM by clara29 Star rating in South yorkshire. 29 forum posts Send private message

I have just had my pre trial today and have just been informed of the first instance court date and told that I will not have to attend. 

Claire




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25 Jan 2017 7:08 PM by briando55 Star rating in Yorkshire. 1982 forum posts Send private message

Hi Clara.  How long do you have to wait for your first instance trial date?



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25 Jan 2017 8:41 PM by clara29 Star rating in South yorkshire. 29 forum posts Send private message

It's at end of June. So 5 month. 

Claire




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26 Jan 2017 9:30 AM by joyjo Star rating. 121 forum posts Send private message

Wonder why some don't have to appear in court. We had our pretrial november 2015 and court case in may 2016 which we were told to attend.

All costs money.

Joyjo




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02 Feb 2017 3:49 PM by joyjo Star rating. 121 forum posts Send private message

Just heard our deposit is held in the court.  Waiting for its releqse.  Hope its not too long.

Joyjo




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11 posts were found:


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