Making A Compliant Against Court/Judge

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18 Feb 2011 12:00 AM by mark t Star rating in Normanton West Yorks.... 63 posts Send private message

Hi All

Does anyone know if you make a compliant against a court/judge.

We won our case for return of our deposit and stage payments against a developer in 2009 an the developer paid money into the court in July 2009. We received back the amount we had paid the developer minus legal fees in August 2009.

We are still waiting 19 months later for the court to release the remaining money that covers the legal fees and interest.

Our solicitor (who we have no compliant about, He got our money back when hunres are still waiting) says all they can do is to keep writing to the court/judge to ask for the money to be released.

We are pretty patient an laid back people but think having to wait 19 months is taking the P***

Any information/thoughts welcomed.

Regards

Mark





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19 Feb 2011 4:03 PM by ads Star rating. 4134 posts Send private message

Maria,

It would be interesting to know why the legal costs and interest are handled separately, as in Mark T's case? Could you please provide an explanation of the procedure as I'm sure this is relevant to many.

Many thanks.

 



This message was last edited by ads on 19/02/2011.



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19 Feb 2011 7:27 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

 This is because both interests and legal fees rules for calculation take into account the date these are paid and law provides for calculations to be challenged by the counterparty ( if wanted) and finally decided by the Judge



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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19 Feb 2011 9:22 PM by ads Star rating. 4134 posts Send private message

Thanks Maria.

So once again delays in the judicial system appear to be blocking full recompense (although in Mark T's case at least he received his original deposited monies). Well done Mark. Did you have a bank guarantee?





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19 Feb 2011 9:30 PM by mark t Star rating in Normanton West Yorks.... 63 posts Send private message

Ads

No we didn't have a bank guarantee. The solicitor managed to find a property with no charges against it and embargoed it. I suppose as we were only owed 26K euros plus legal expenses and interest the developer thought it better to pay up.

The development site we were buying on was closed down in Oct 2005 and has never recommenced.

Maria

Is there any mechanism for making a compliant, I don t think 19 months is reasonable time to have to wait for our money.

Regards

Mark





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22 Feb 2011 7:44 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

 Yes Mark, you can contact the General Council of Judicial Power here ( there is no English version) :

http://www.poderjudicial.es/eversuite/GetRecords?Template=cgpj/cgpj/principal.htm 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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