Sue Spanish Builder/Bank in UK?

I am sure someone wrote on the Forum that it is now possible to have your off plan property Court case heard in your own country and it was a trial project for Spain and I think the Netherlands.  If it was successful it was going to be rolled out across Europe.  Has anyone heard anymore about this?  We have waited over 2 years for our Court Case to come to trial and instead were given a Pre-trial.  As a result the Judge has ruled we cannot go to Court and have to pay the Bank/Builder the full cost of the apartment and 18,000 euros in their costs.  Although our Solicitor said we had a very good case none of the points were considered.  We are sure if our case was heard in the UK there would be a different outcome but we are not sure how to go about this.  Has anyone any e xperience of this and recommend it or not? 

That's news to me?

I think you are confusing EU debt claims and being able to pursue a debtor in their home country.

This is making it easier for communities to chase unpaid community fees.

But you have already started proceedings in Spain, your developer/builder is in Spain, Spain has jurisdiction.

Thanks for that.  I was hoping we might get a better result with UK Laws but if you think that is not the case then we will leave it.

Sadly Spanish litigation is a complete shambles and the outcome no better than a  lottery.

It would be interesting to all on here caught up in Spanish litigation to hear more about your case.

Hi Alimo,

If you check a thread "  Will this be the answer to all our problems " which I put on the Spanish Guarantee Forum, I think it may be the entry you are looking for ???

In the meantime I have sent a couple of e-mails to.......... but to date I have not received a reply.

I think this is what is being referred to

http://www.eyeonspain.com/forums/posts-long-14047.aspx

the summary of our sad affair is that we agreed to buy off plan in December 2006 and were told apartment would be ready 18months to 2 years.  We paid over 40% but then did not hear any more and they would not 'talk' to us and insisted they would only speak to a solicitor.  Our spanish solicitor told us we had 6 or 7 good points and were very hopeful of a settlement but we had to wait for 2 years for it to go to Court.  Then a year ago the apartment was build but our Solicitor said that would not make a difference and we still had a good case against the builder.

Over 2 years later it went to 'Pre-trial' which we were told was just a formality for both sides to agree what the case was about but it appears that it was really a trial and our side was not taken into consideration.  We have now been told by our solicitor that we have to pay the full price of the flat plus 18,000 euros of the builder's court costs and we know that the apartments are going for less than half the price they want but if we don't pay they will directly execute any assets.  Problem is since putting the deposit down our circumstances have changed dramatically and we are now both retired on health grounds and do not have the money so don't know where that leaves us.  We are hoping our Solicitor will phone today but gather from her e-mail that if we appeal it would be another 50% of the cost of the claim.  My only glimmer of hope is that I remember reading that there was a court case last year in Totana and the Judge ruled that it was illegal for the builder to keep 40% of the deposit when the parties could not complete and they could only keep 9000 euros against the 63,000 euros the builder was tryiing to hold on to.  to be honest, even if we lost the whole deposit that would be better than them coming after our house in the UK and forcing us to buy the apartment at the price they want.

Hi Alimo,

Sorry for leaving the ..........(blank).... it should have read........" the Lib Dem MEP Diana Wallace, who was the source of the article".

Cheers

Thanks for putting me on the right thread but it appears that it is unlikely to be of any help from comments.  Has anyone ever won against having their assets in UK seized?

Litigation is not my area.

But maybe if you agree to them rescinding the contract and they keep the 40% deposit then you could walk away and not pay the additional EUR18k which does seem somewhat excessive? What is the contract price?

I guess you also want to stop paying your own legal costs so you need to bring this matter to a conclusion ASAP - how much have you paid in your own legal costs to date?

Sometimes just drawing a line under these matters is the best solution when faced with the alternative of throwing good money after bad money and being caught up for years in litigation - not good for wealth or health.

Otherwise I would suggest you seek a second opinion. I am highly critical of Spanish litigation lawyers telling people they have a very good case when in many cases they have not. Spanish litigation is lucrative and all the messing around, delays, appeals mean more fees.

 That is a great information to all... Specially for me

We have paid 3000 euros to date to our Solicitors.  They would have got 10% of any monies we got back from the builder.  We have paid 63,000 euro deposit in 2006 and owe 99,510 euros.  We would gladly waive the deposit if we can get out of the contract but have been told that they want the whole lot plus their legal fees.  I am waiting to hear from Maria of Costaluz Services in the hope that she can suggest a way out.  Even if we had the money - which we haven't now as we are retired - the apartment is worth less than half the original price.

 It's frightening how quickly these situations swing around on you. One minute everything's fine and the next. nothing...

I've been speaking to Rambi and it's quite shocking the speed at which these problems appear for some people.

As for the courts situation, I can't see UK Courts starting to deal with International or even just dealing with European property/contract/etc/etc complaints. Would be nice though.

I can't believe the situation with you alimo... I hope no one's offended by this, but it certainly seems like your Spanish Lawyer didn't inform you very well at all... Also it is worth bearing in mind that Judges dont really go on precedents, so even if there has been another case the judge may choose to ignore it.

I might be able to help if you're still stuck going around in circles. You're more than welcome PM if you want.

Would be nice to see you get to the bottom of this!

Sam

Thanks Sam.  the annoying thing is we waited over 2 years for the trial but were in the end only given a 'Pre-trial' which we were told was just the Solicitors getting together to agree what the case was about but the next thing is we find the Judge has ruled on the contract alone and evidence from both sides not allowed.  To appeal will take more time and money with probably the same outcome so what's the point?  Very disillusioned about Spain but have not given up the fight and due to see an English Solicitor on Friday to see how we can prevent our assets from being taken to be forced to buy the apartment and their costs.  Fortunately I have great faith and so am praying like mad.  There is no other way to defeat the Spanish Judicial system or the Spanish Banks!