Why the non bank guarantee cases will fail ....

belucky358

just how many of us are in the same position with Aifos?. Our lawyer had our embargo granted by the courts at the same time the courts accepted our case. Because Aifos's cash position was so fragile, it looked like an Aifos asset would be our best  or only?chance of justice. Nearly two years later the courts finally passed sentence in our favour, but of course Aifos had gone pop just a few months before the hearing, so our embargo along with the money we were awarded by the courts against Aifos meant nothing apart from me having to pay again even to be a creditor!

What use is the embargo or our win in court if the courts themselves don't use integrity or even common sense with regard to their own delays?. I was also never given a BG, but how can I feel confident that the courts would act any better on that issue?. If lawyers were any more confident than we are of justice then they would at least take on one or two 'no win- no fee' cases as a show of confidence in Spain's justice system, but we know the answer to that one!!

Hi goodstich,

To answer your question about the numbers involved in the AIFOS fiasco, I have jotted down 6,234, although I can't find the article in which I read it, so if anyone has any more up to date information please correct me.

We had our "Embargo" allowed by the judge in July 2008, and in January 2009 we actually won our case and AIFOS agreed in writing infront of the Judge to pay us over 80,000 euros within two months.  (lol)

By July 2009, when AIFOS was starting to crumble, our lawyers said that our "Embargo" was still going ahead !   but by August AIFOS was bust and we had our 2,000 euros for the "Embargo", refunded from the Court, only to be asked by our lawyer for over 1,000 euros to ensure we were entered correctly onto the AIFOS Creditors List.

If the "Embargo" procedure has worked and we had received our  money, then I would be praising it, but since it didn't....................

Our Bank Guarantee was never issued purely and simply because there is a clause in the Contract that says, basically if we require a B.G. or Insurance for the down payments, the seller shall be obliged to provide it after obtaining planning permission, with the costs being with the buyer..........so, since AIFOS never had planning permission, the apartments were never built and the B.G. was therefore never provided...................This Contract was signed on my behalf by my "Independant Spanish Lawyer" , who, as a professional Lawyer was there to ensure that my legal rights were upheld  (lol) 

After saying all of that, I'm still not sure who to blame, I know they are all at fault, the developer, the bank and the lawyer, but because they have all ignored the Lay 57/68 for forty two years, they have become lax, and the powers that be have allowed them to get away with it !

 What can I say?

belucky

Sorry - I'm laughing at that clause.

Of couse it could have gone one futher and said after they acquire the land becuase back then it was also quite common to take deposits when they had not even acquired the land let alone planning permission. Those were the good old days on the frontier!

Maybe we should start a thread setting out all the clauses used in contracts that never issued bank guarantees.

What chance would you have with a BG claim with a clause like that?

maria

what can any of us say?  

Belucky like myself has been well and truly stitched up by a system that pretends to be trustworthy but in reality has betrayed the trust of so many good people by lies, deception, corruption and lack of implementing it's own laws.  You know it, Belucky knows it, I know it, most on EOS know it and the Spanish government knows it very well, but do those of us so clearly cheated by legalised crooks see any sgn of compensation or even admittance of guilt or incompetence?,  hardly any?,  even now with all the evidence staring them in the face. Just more lies and excuses for not showing any integrity or honesty by not compensating those they have cheated, and backed up by most of  the spineless EU ministers. An utter disgrace.