| The Comments |
Michael & Mary Sands – February 07/02/2012
Our heartful thanks to Costaluz, Maria and her team for the return of our 1st instalment payment on an off plan apartment in Granada.
In July 2007 we entered into a contract with a developer to purchase an apartment in Mirador de Iznalloz. Build was progressing and we paid our 1st instalment of almost 30,000 Euros. We then received word from the developer that the build was only 40% complete and the bank would not advance any further funding to allow completion of the project. We contacted Costaluz having picked up their advert on EOS and sought their advice and assistance in recovering our money as we did have a Bank Guarantee. Maria confirmed that we had a sound case, nevertheless, her initial submission to the court was rejected which was devastating news for us. Maria, however, was confident that an appeal against this decision would be successful and she was absolutely correct with our claim being admitted to the court in Sept 2009. It took a long time for the case to be listed for hearing and at the initial hearing the Court found in our favour and issued a payment order to the bank which was not paid and after six months another payment order was issued to the Insurer. This took another period of time but we have just now (February 2012) had our money returned. Maria and Almudena continue to attempt to recover interest and costs and I have every confidence that they will so do.
This has been a long road for us as the Spanish legal system is traditionally very slow and is slowed now even further with so many people attempting to recover their money but we have to have patience and put trust in Maria and her team that they will protect our interests, as far as humanly possible. The team’s professionalism and dedication certainly worked for us. Once again congratulations on winning our case and a massive thank you from both of us.
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A great result - well done to that lawyer!!
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Maria's successes are snowballing!
Congratulations to all concerned for their patience and persistance!!
_______________________
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Michael & Mary,
Do you actually have the money in your account?
Regards
Mark
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i am pleased for you Michael and Mary.
One word of warning regarding costs and interest. We also employed Maria and were awarded costs and interest by the court last July and have not received any payment yet. You start to wonder if they have any intention of actually paying it!!
Hopefully you will be more fortunate.
Mal
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Mark, yes we received the refund by e-banking so it is definitely in our account
Mal, How did you hear that you were awarded costs? Our payment order from the court was issued to, firstly to Cam bank, which they didn't pay and then six months later the Insurer; this process took almost a year before Costaluz received the payment (less costs). This obviously was not Costaluz lawyers fault. Have you asked Maria & co if they have actually received your costs which is considerably different from being awarded costs and interest.
Michael & Mary
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Michael & Mary,
The verbal hearing for costs and interest, due to be heard on the 13th July, was cancelled but I was informed by Maria's team that-:
"the courts have agreed to calculate and settle the interest regardless. We are therefore waiting to hear from the courts with their final decision and calculations. Please bare in mind that the courts are closed during August and that it is likely that this notice from them will be received in September."
I am slightly disappointed that I never receive any update unless I query it. I would have thought an explanation from the court for the delay could be expected or even demanded by now.
Despite this, I must add that I am still very grateful to Maria and her team for recovering my deposit.
Mal
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Are courts obliged to release these monies back to the lawfirm as soon as it is deposited into the court, or does it depend upon a lawyer to continually request the return of these monies? In other words, is this an automated system? Likewise for the return of monies from the law firm? Does a client have to continually request their return or is this automated upon notification of payment mandate from the court?
It's difficult to assess what the situation is if clients don't appreciate the system relating to recompense and how it works, so perhaps Maria could clarify the situation?
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And...when are you re-invsting in Spain? There is no better time than now.
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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