Costaluz Lawyers. Just saying thanks seems so inadequate !!

No probs Stokey - but I was just stating the fact that I had received PM from Ballypaul replying to my query.   It seemed reasonable to me and I cannot see why he wouldn't share it openly, but that's his choice.

Sadly in this day and age you have to be suspicious, but you can trust me, I'm a property developer .

Hey Ace, thanks for your frankness, but if  I was you I wouldnt advertise that "property developer" thing I worked down a coalmine for my crust thats why im pissed off with my family being ripped off in spain, im getting right naffed off now, ive tried my "mep" what a joke, hey I  kid you not folks, what have I got to lose?, im going to contact the vatican and try to contact  my pope to tell him how fellow religious catholics are treating God fearing families, yours sam

Chrissie:

I am happy to answer any question... who is the first? No secrecies or myseteries around.

Please first one... come in :)

I am serious, please ask, and I will be ahappy to answer as far as I can.

Maria 

Hi Maria,

I did ask earlier if you had any luck with any of your clients at Casares del Sol, the ordinary low class urbanisation that was supposed to be the highest luxury holiday complex ever seen on the Costa Del Sol.

Has Interlaken repaid any deposits yet?

Regards

Norman

Normansands: No one at Casares del Sol has been repaid yet . There were no individual certificates of Bank Guarantees and therefore we had to cancel contracts first and now we are preparing an action against the General Guarantoor in that development. There are enough Law grounds and Case law to cover this, but everything is static in Spain at present.

Stokey: We apply mimimum rates of Bar Assocation and do all the appeals without asking for more money. We also have had, like in your case, great consideration with difficulties of some families so, in honour to the truth and on defence of our efforts I cannot agree with your perspective.

It is true that the actions are not being effective for return of deposits but, that is because you were not given individual certificates of Guarantees when you were buying, so  after the actions against developers for the cancellation of the contracts, we need to perform new actions now against guarantoors now. We are going ahead of times in the defence of your rights and doing all in  our hands with minimum funds.

Chrissie:

You can read our testimonials and addittionally, I have made an account today and there are almost 100 people who have been refunded so far through our services

The problem with testimonials is you have to tell it from both sides or not at all.

How many files have you closed where people have not received a refund and never will?

How many active files do you have where people have yet to receive a cent?

How many files have you closed where people have not received a refund and never will? None at the moment.

How many active files do you have where people have yet to receive a cent? More than 500. We are on the way

Almost 100 of our clients have already received their deposits back

A big part of the problem for Lawyers and their clients is that the Spanish judicial system is unable to cope with the volume of cases.  The system is inadequate and tediously slow.

For example with our Finca Parcs Action Group case - our Lawsuit was submitted to the First Instance court in February 2011.  It was accepted into the court system in March 2011.  The preliminary hearing was set for November 2011.  Then one of the defendants - CAM Bank - applied to the court for a postponment.  The court obliged and now the Preliminary Hearing is set for January 2012 - ALMOST ONE YEAR AFTER THE SUBMISSION OF THE LAWSUIT.

After the preliminary hearing we then have to wait for the Full Hearing - which may not be until late 2012.

Then of course whatever the outcome - there will almost certainly be an appeal from the losing side and so on it goes.

We have discussed these delays directly with the Spanish Government but they still insist that all cases must be heard by the courts.  They are not yet prepared to adopt our proposals for an Ombudsman or a Fast Track Court to hear the Bank Guarantee cases.  The Spanish Government officials that we met with said that they have 100% trust in the Judges and the judicial system!

Therefore Lawyers and their clients continue to be compromised and harmed by the unacceptable delays.

The only ones to benefit from these unacceptable delays are the developers and banks.

Kind regards

Keith 

 

 Thanks Keith! You know from inside how hard we work!

It was intereasting to read that the  National President of Council for lawyers was complaining about this same problem in a conference which was held last week in Cadiz ( my province):

http://www.cincodias.com/articulo/economia/carnicer-exige-reforma-radical-urgente-justicia/20111027cdscdieco_9/

I do hope the new government makes the change, finally.

Maria

Yes, as a victim and after 5 years of being so deeply involved with the Finca Parcs Action Group - including the gathering of evidence and preparation of the Lawsuit - I really have an understanding of the situation from both sides - that of the client (victim) and of the Lawyer.

It really is a difficult situation.  Of course Lawyers and Clients would love for all cases to be resolved very quickly - the Client would get their money back and the Lawyers would get their full fees!

But sadly the Spanish Judicial system does not allow this to happen - and the ones to suffer are the Clients and also their Lawyers.

I can understand the frustration of the Lawyers and also the extreme frustration of the Clients.  These type of issues take over your life and the stress causes ill health and on some occasions family break ups.  The damage to human life is great.

That is why sometimes the client's patience runs out and the only one they can take it out on is their Lawyer - who on most occasions is working in the best interests of the client but has their hands tied by the inadequate judicial system.

Everyone is frustrated and if the Spanish Government do not act quickly to establish a Bank Guarantee Omubudsman or Fast Track Court then I fear many clients may never live to see the day when their money is finally returned and many Lawyers may be forced out of business due to lack of funds.

Mr Zapatero and his Government have been all talk and no action - empty promises.  Let us hope that 20 November 2011 brings a change of Government in Spain and that the PP will act speedily to resolve these issues.

Kind regards

Keith

 Carnicer, president of National Council of Lawyers requires radical and urgent reform in the justice

CGAE president, Carlos Carnicer, took the start of the Tenth Congress of Lawyers in Cadiz to say that "it is a social need that we have to deal once and for all radical reforms in the administration of justice." The president said the law "has been patched many times its structure, but the system for the administration of justice fails to take the step of the society it serves. And such vital laws to deliver justice as the Criminal Procedure Act (1882) or the Civil Code (1889), designed for nineteenth century society, remain valid in the XXI century. "

For his part, Justice Minister Francisco Caamano, highlighted the figure of the lawyer, who demanded "knowledge, analysis and ethical conviction, as well as responsibility."

On the other hand, Carnicer expressed "among all (politicians, judges, prosecutors, lawyers, court clerks and officials) we need to regenerate justice, with imagination, using and even rushing the new technologies that facilitate the efficiency, effectiveness and transparency.”


The president of the Spanish lawyers also took some self-criticism. "Ultimately, the public service of justice has not satisfied citizens and professionals. Many of us have never understood why the modernization of the public service of justice has been much more difficult than that of complex services such as health or public finance and others who are constantly adapting to technological advances, "said Carnicer. 

For this reason, he called for a pact of State for justice. With full participation of Law people for the creation of a new culture of Justice in Spain.

"we need to regenerate justice, with imagination, using and even rushing the new technologies that facilitate the efficiency, effectiveness and transparency"

"a new culture of Justice in Spain"

Good words from Carlos Carnicer.  Let us hope that these words are followed by action.  He needs to be pushing the Spanish Government for a Bank Guarantees Ombudsman or Fast Track Court.  If this was implemented it really would facilitate efficiency, effectiveness and transparency, which up until now have been sadly lacking in the administration of justice.

Kind regards

Keith

Maria

I am speaking for our case which involve HdT/SADM at Santa Ana Delmonte. I have looked at your testimonials and there appear to be 23 from August 09 to Sept 11 with 5 specific declaratories for Santa Ana which were in Sept 09 so not much has moved from that perspective. These are the facts from your web site. Some of my questions are as follows:

1. What percentage of your winning cases had single BG's or Generic BG's?

2. How long had they been waiting?

3. Why are VERY few cases winning and thousands are not?

4. Can you give me proof that our case has now gone to the Courts as stated by you on 11.10.11?

5. Our developer is now officially out of Administration so why cant they pay us back?

6. Every individual who purchased an off plan property is covered by 3 generic BG's BBVA, SGR & Banco Pastor, this is a committment by the banks that our deposit and legal costs would be taken care off or ring fenced so that if anything goes wrong we can have our deposit back.  Why has this not been done?

7. There is documentary evidence existing that generic BG's were signed by HdT with the above 3 banks again why have you not excecuted this right for us.

8. You said you would outline a plan for us with timescales and expectations when I spoke to you on 12.8 2011. I have not received this to date why not?

9. It was stated some months ago by Steven (4.4.11) that our case should now be sounder because of the generic BG and that the proceedings would involve less legal actions. How much longer is this going to be?

10.  Here is part of a quote that came from your office on 1.4.11:

'I am really happy today because I can confirm that the buyers from HdT and SJ are covered by a generic BG. An EOS member posted some paperwork he got from his agent and he was not sure how important this was.  There was a certificate from SGR about the existance of  a generic BG, I was really astonished.  It goes on to say you had a copy of the first pages of the contract signed by Banco Pastor and SJ.  Why has this not made any difference to our case being sorted out and our deposit being returned'?

Maria I continue to be astounded by the lack of urgency for spain to honour its committment to thousands of British people.  None of my comments are meant to undermine you or your team but I expect to have  a Lawyer who is fighting my corner not an Estate Agent who is trying to sell me or rent me yet another property.  Hopefully I wont get banished from the forum because I have asked some straight questions. We are 4 years and counting with enough evidence to sink a battleship that wrong has been done to us by spain and it is still continuing.

Regards Chrissie 1

Dear Chrissie:

Please have answers below in bold green ( same text as your email):

 Maria

I am speaking for our case which involve HdT/SADM at Santa Ana Delmonte. I have looked at your testimonials and there appear to be 23 from August 09 to Sept 11 with 5 specific declaratories for Santa Ana which were in Sept 09 so not much has moved from that perspective. These are the facts from your web site. Some of my questions are as follows:

1. What percentage of your winning cases had single BG's or Generic BG's? I would say 80%

2. How long had they been waiting? More than 2 years on average.

3. Why are VERY few cases winning and thousands are not? Lots of work of barristers, Courts overloaded and slow processes.

4. Can you give me proof that our case has now gone to the Courts as stated by you on 11.10.11? Yes, I can. Please send an email to me and I will.

5. Our developer is now officially out of Administration so why cant they pay us back? The agreement is for payment of 65% in five years

6. Every individual who purchased an off plan property is covered by 3 generic BG's BBVA, SGR & Banco Pastor, this is a committment by the banks that our deposit and legal costs would be taken care off or ring fenced so that if anything goes wrong we can have our deposit back.  Why has this not been done? General Bank Guarantees were not available to buyers and therefore we could not use them.

7. There is documentary evidence existing that generic BG's were signed by HdT with the above 3 banks again why have you not excecuted this right for us. We have executed this as soon as we found they existed. We have the SGR one for Herrada del Tollo, no the BBVA one or the Banco Pastor one.

8. You said you would outline a plan for us with timescales and expectations when I spoke to you on 12.8 2011. I have not received this to date why not? As you stated above, lawsuit was finished in October as part of that plan.

9. It was stated some months ago by Steven (4.4.11) that our case should now be sounder because of the generic BG and that the proceedings would involve less legal actions. How much longer is this going to be? Hopefully the Banks will be settling as soon as they receive the lawuist, if not. It will depends on how fast Courts can deal with this.

10.  Here is part of a quote that came from your office on 1.4.11:

'I am really happy today because I can confirm that the buyers from HdT and SJ are covered by a generic BG. An EOS member posted some paperwork he got from his agent and he was not sure how important this was.  There was a certificate from SGR about the existance of  a generic BG, I was really astonished.  It goes on to say you had a copy of the first pages of the contract signed by Banco Pastor and SJ.  Why has this not made any difference to our case being sorted out and our deposit being returned'? That is the basis of the Lawsuit that has recently been finished.

Maria I continue to be astounded by the lack of urgency for spain to honour its committment to thousands of British people.  None of my comments are meant to undermine you or your team but I expect to have  a Lawyer who is fighting my corner not an Estate Agent who is trying to sell me or rent me yet another property.  Hopefully I wont get banished from the forum because I have asked some straight questions. I am sure you will not!!! :)  Justin loves transparency as we do. We are 4 years and counting with enough evidence to sink a battleship that wrong has been done to us by spain and it is still continuing.

Regards Chrissie 1

Maria

Thanks for your time. 

Chrissie 1

Keith is absoutely right to highlight the fact that action speaks louder than words. Fast tracking appears the only solution to this malaise. Only then will we believe that adequate reform of the Justice system and "ethical conviction" is truly on the agenda.

Wise prospective purchasers, those who recognise just how vulnerable they are when laws of the land are not enforced in Spain, will hopefully be watching and waiting alongside those of us fighting for justice. The longer the wait the more economic harm to Spain so lets hope for everyone's sake that this is not yet more rhetoric.

We have to keep the message loud and clear Keith that injustice, corruption, maladministration, lack of due diligence etc only leads to continuing consumer insecurity in Spain, and papering over issues will not resolve the problem.

Thank you for this information Maria. I really hope that any new culture of Justice in Spain looks not only to the future but the present...... i.e.justice according to EXISTING law within a reasonable timeframe, for all those robbed of their monies.

Hi Guys, I am one of Maria's clients that view Eye on Spain but don't get to post too often,

We won our case in Spain and were treated very efficiently by all at Costaluz, we even made a court appearance with the Costaluz Lawyer representing us in Alicante...!!!!

When (if) we get moneys back, I will spark up  " out of the blue " and praise Costaluz !!!

So the only option to us all is to have faith in Costaluz and hope for the best,,,!!! 

Cheeers and Good Luck.  Steve

Maria, sorry I dont understand your earlier post, my family had a bank guarantee we forwarded to you by registered post, the apartment is two years old, its now roped off due to it being dangerous of falling masonry on peoples heads! , how much of a clear case is this??, if anyone on this forum would like pictures please email samhewitt17@hotmail.com , I can say ive had costa luz monthly report also , if you would like me to forward it to the forum,