SADM Closure - Not Quite !!

Briando

When we received our money, it wasn't the deposit amount because costs had been taken off.  I asked what had happened to the interest, i was told they were applying to the court for its release before the appeal in Madrid.

Still waiting.

Who is your lawyer?

Joyjo

I just sent you a PM with the info about our lawyer. 

Sorry if I sound a bit OTT but I just don't get it.    You win your case, wait for years and years and they can't even give you the money when it gone against them.   If you miss a single mortgage payment I bet they are on you like a ton of bricks.  

These clowns can't even apply pressure where it's supposed to go.   What a bunch of numpties eh!!!!

Hi Briando

Got ur pm. How long have u been with them and have u had any money back? 

We're happy to get something back because we, at one time, were resolved to getting nothing back, it was just going on for ever. It was easier to put it down to bad luck, so anything is a bonus.

I know how u feel. It's so frustrating putting it into someone elses hands because they are the professionals but still it takes so long and the so called ruling by the Supreme court is not adhered to, ie all those  who handed over money for property that was never built should be refunded. As far as I'm concerned, all appeals should be ignored by the courts and money immediately refunded to the buyers.

Good luck 

Jojo

Hi. It is frustrating yes.   The first thIng from me is how the lawyers didn't know about the law that protects us.  We all have jobs to do and the more professional and better rewarded the job is, the better the people should be.  So why did it take so long to decide we were protected in law???

everyone has a right to appeal joyjo, but the banks are not appealing for justice, they are just appealing for time, hoping some people run out of money, die off etc.  They have the morals as low as a snakes belly.  

When they pay the money for the part of the case they lose (pay back deposit and interest), they should then be able to appeal for the costs, and risk the further costs to be paid back if they lose, or for such as us to say, you know what, lets forget the costs.  That would be more of a cost saving exercise for them and we would be more likely to forgoe the costs so far.

the appeal system seems to let them hold all the money and provide extra funds for the lawyers, what's that all about, fair it certainly is not!  

If we get the verdict that we are owed the money back, we will be very 'active' in getting this paid back at the very first opportunity, even if it means using some bailif system etc.   

Good luck, keep informing!!!!

Just heard my case is now put back to 10 July.    From 2 June. 

Whats that film, never ending story?

Bad luck Brian. We have just heard that the bank has appealed against our judgement. What a surprise!! Our solicitor has filed for a "provisional execution" which means they have to pay us our original deposit, probably less costs. This will take a minimum of 1 month. The appeal in Alicante will take about 6 months, and then if they go to the Supreme Court, up to 2 years. I don't think we get our interest back yet either. None of this should be allowed to happen because they know they will not win, it is just delaying tactics all the time. I could write some very rude words here now

I go as far as to say it's abuse, mental abuse. All i can say is keep fighting.  Each one of us that wins is one in the eye for their so called judicial system. Keep fighting. 

Yes.  Must keep going, what else can you do.  

I know what you mean about keep fighting chrissie but it's not a fair fight though.  You get into a fighting mood but all you hear is     Oh nothing we can do, we can't approach the court, things take time in Spain,    

They may as well say, go away and don't bother us, we don't care about you lot, we have bigger things to do like looking after our little gravy train here.   

Glad you got that back Ray, having some money back gives you an incentive, the only thing about changing lawyers in mid term is do you have to start from scratch?

i went to court in valencia with guadalupe in september 2016 an hour before we were appearing in court the judge went sick and canceled so we had to pay for more flights a week later to reattend court glad to say we got our deposit back plus intrest i am happy this is over and have now retired to spain keep fighting and good luck 

malcolm and linda  

Thanks Malcolm,

i noticed you didn't include costs in your money returned.   I have kept an eye on some cases and noticed this quite a bit.  The costs seem to be the area the banks are appealing, did Guadalupe forgoe the costs to avoid a further appeal?   In which case it does seem worth it.

let m  know your experience and I may have a chat with my lawyer, after all an appeal just for costs, brings forward more costs and delays, so perhaps why bother contesting?  

Hi all

Been told the banks have 10 days from the 10th to release our interest or funds will be seized.

We'll see how long it takes.

Joyjo

Brilliant.   

How do you seize funds, any idea?...

I would like to grab something of these bankers and it wouldn't be just their funds!!

Me too, rayspain and then twist!!

I think it just means freezing their account.

Joyjo

Nice to hear other peoples good news ,still on our longgggggggg journey frustating as it is we are keeping positive . As I said congratulations to all of you who are getting results .

Hi All

Won my case in the High Court Sept 2016 and received my deposit plus interest to date of claim in May this year. However I am still due several thousand Euros being interest from the date of claim to judgement date but the banks are not happy about having to pay this additional sum!  Not sure I understand how the date of claim is revalant as interest should surely be due to me up until the time they refund the money. Has anyone else had this problem and has it been resolved?

So you won your court case in sept 16 and it took them 8 months to give you your OWN money back ? did anyone explaine why it took 8 months to write a cheque out or transfer the money to you ?

Hi Mattjo

Don't understand getting interest until claim date. I always assumed interest was paid up to the day of judgement.  We are expecting our interest after the holidays although we were awarded our deposit May 2017, a year after being in court.  We might get our costs depending on the outcome of the appeal at the Supreme Court in Madrid.

Why do the powers that be try to complicate things that should straightforward and been agreed by the courts.

Joyjo

We received our deposit back into our bank in April 2015.

Still waiting for our interest........... RIDICULOUS state of affairs the Spanish legal system !!

Barry & Sue

I know I have asked this question before but.....................

If someone owes you money in Spain and you have a court judgement to prove the debt is owed.   Is there any collection agencies, baliffs etc that you can send in to collect outstanding money????