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i have just recieved notice of intended legal action against me ,a 4 years in the waiting purchaser on the penthouses.i wondered if anyone else in my similar position has or heard of anyone else recieving the same.we are actually in the process of taking them to court in spain .we have had no contact from polaris at all except for this legal action notice from a lawyers in liverpool.how do we stand ?any imformation would be of help.also they have added on an extra8.000 euros in interest and recovery fees.what a cheek as they have had our 62.000 euros deposit in their bank for the last 4 years making interest on our money.it seems when polaris say jump you ask how high?its all on their terms.not yours
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Hi,
We have just received a similar letter today, previous to this we have had two phone calls in last few weeks trying to persuade us to complete, directed them to our lawyers. The lawyers had notified PW a year ago of our intention to cancel due to their breach of contract.
PW had failed to contact us despite us trying on several occasions to discuss things with them, this resulted in our decision to cancel. I am particularly bemused by the accusation in the letter of continual failure to meet our obligations!
Have e-mailed our lawyers in Spain tonight and will let you know what they say. Have friend who is lawyer here and taking advice here too, perhaps need to go public with these bully boy tactics!!
m12nto
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I have today received the same threatening letter with no contact from PW since 2008, when they could not accept our 2nd instalment and issue a bank guarantee, which led us to contact our solicitors (Fusters) to instruct terminating the contract, which they did not manage to do.
So interested in how everyone else gets on with this, think i will instruct an English solicitor asap.
I will not acknowledge receipt of the letter or contact the cowboy solicitors.
Regards
Lee
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What is the name of the UK law firm or lawyer?
There is a Spanish lawyer (Enrique Sanchez) who does some Spanish based work with UK law firms in and around Liverpool.
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Hi Faro,
The lawyers are CLS Corporate Legal Services on Ill Palazzo No7 Water Street, Liverpool
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the same lawyers in liverpool sent me a legal notice.csl. who are they ?
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Hi
Has anybody got any more information on the Legal notice that has been sent out by CLS Services, would very much appreciate any information any one can give us
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Have spoken to lawyers in Spain who assure me this is common practice from developers trying to force you to complete. Have been advised to tell CLS not to contact me again and give lawyers details. Will do that tomorrow and if any come back will let you know.
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Hi,
Does anyone have any update on this??? Have just received a letter and wondering what exactly they can do to force you to buy???? I have been told that we cannot terminate the contract only PW.
Paws
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Dear Paws:
Cancellation rights for contract agreements with reciprocal obligations are for each one of the parties, depending on what party defaults.
Best,
Maria
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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http://www.eyeonspain.com/blogs/costaluz/4173/legal-tip-347-case-won-against-polaris%C2%B4-guarantoor.aspx
Legal tip 347. Case won against POLARIS´ guarantor
22 September 2010 @ 11:47
Lawsuit submitted in February 2010 against HYPO REAL ESTATE BANK INTERNATIONAL for the execution of a Bank Guarantee granted according to Law 57/68 for the refund of deposits paid in Terrazas de la Torre, developed by the Polaris company, Hacienda Verde SL.
Our joy is today for two reasons: firstly, becuase our clientshas been granted a decission in his favour for the refund of full deposit, plus legal interests plus legal costs ( Court decission dated the 20th of September 2010: in 7 months time)
and secondly, because the Judge takes the oportunity to critricize the terms of the Polaris contract, ( we have never heard that before from a Judge) considering it is an "adhesion contract", where the buyer has had no option, no agreement intervention and that has been completely left to the will of the developer.
It is also intersting because Polaris Guarantees were specially difficult/ if not impossible to execute due to lack of clear completion deadlines. This lucid Judge has been wise enough to admitt how we jumped over the trap and requested the execution of the Guarantee.
Good for the Judge again today! Goof for fair- wise application of Consumers Law!
Maria
La Barrosa, Cádiz, by Roberto Pecino at Flickr.com
This message was last edited by mariadecastro on 23/09/2010.
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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It is good that Judges are starting to view things with a more open mind - taking into consideration the rights of the consumer and seeing these contracts for what they really are - UNFAIR and biased towards the developer.
The Cleyton GES SL purchase contracts for Las Higuericas Finca Parcs are also unfairly biased towards the developer as they do not have a completion date.
The rights of the consumer have been ignored for too long. Now is the time for consumers to begin the fightback.
Confidence will only return to the Spanish property market when buyers can really trust the system and when consumers rights are respected by the developers, the banks and the judicial system.
Kind regards
Keith
_______________________
LEY 57/1968
CLICK HERE FOR THE BANK GUARANTEES IN SPAIN WEBSITE
fpag@btinternet.com
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