IT'S APPEARS NOT AS STRAIGHT FORWARD AS THEY SAY, EVEN WITH A LEGAL BANK GUARANTEE!!

Suzie,

I would ask you to have in mind that delays in Courts cannot be controlled, modified or influenced by us.

Only by consistently reporting back these instances to the CGPJ or whoever are responsbile for monitoring statistics of this nature will things ever improve in this regard in Spain, Maria. 

Statistical evidence is key to these abusive and compromising delays I'm afraid.

It should not just be reliant  upon the likes of Keith and Suzie's petitions and other pro-active organisations to identify and call for action. The law firms themselves, the Bar Associations and all those suffering the consequences of this abuse need to step up to the mark. We should all be working together to demand that these facts are relayed to the powers that be, to demand that law enforcement in Spain is adhered to within civilised and consistent time constraints.

Until then gaining justice will remain a lottery and will continue to do Spain great harm.

I would love to be able to help to materialize that. But I am just a small law firm in South Spain doing our best in relation to our clients cases.

If you see a way we can help, please let us know

Reporting back the instances to your professional bodies responsible for monitoring (such as the CGPJ and any other responsible authority) would be a starting point Maria.

Or are you concerned that this might compromise your clients in some way?

In the interim we continue to report back findings to all manner of MEP's, European Commission, World Justice Project etc and as we speak I understand that this is being brought to the attention of the Spanish Ambassador.

The petitions committee are also keen to receive Keith's BG petition ASAP.

We are on it Anne. Actually have the full involvement of Malaga Bar association where a good number of our clients have their problems.

Thanks again,

Maria

Thank you Maria

We do appreciate all your endeavours and please know that we are aware that these issues affect law firms as much as clients.

Thank you also for your continuing educative approach and openess to discuss these difficult circumstances and it probably needs to be stressed that we do not doubt your sincerity and commitment to achieving justice under very difficult circumstances, much of which remains outside of your personal control.

Thanks a lot Anne. Cannot imagine how we appreciate when a client understands it.

We are giving all out of ourselves to solve your problems. Believe me, every single person of the team.

We hope to achieve satisfactory results and levels of information on a daily basis. For instance, we are having a team meeting tomorrow ( IT person and Psychologist included) for this to be improved.

Thanks again.

Maria

Mark - I'm glad you've now got the paperwork.  You said earlier that you've been told you have a further hearing in 2013.  Hopefully the paperwork will give the exact date & exact details of what this hearing is for.

Regards, Suzie

Suzie,

I am getting there!

Since having been told initially my appeal hearing was 1st Qtr 2013, I have since had an update stating it has been brought forward to 20th June 2012?

Thanks again for your interest...

Mark

For info!

I now have all my documents that I asked for,they are just being translated so as not to misunderstand anything!

I have had the last few questions finally answered!  Others may require answerring once I have full translation?

So for now I look forward to the appeal date 20th June 2012 as looking at both sides argument for the appeal, my one looks the strongest with a Legal BG, but we'll see...

Regards

Mark & Denise
 

Hello Mark,

I take my hat off to your dogged persistence.  It's an example to follow. 

For clarity, is it you appealing or the other side?  I think some are still confused as to whether you won the first hearing or lost.

Will look forward to updates.

Best regards, Suzie

Yes I am a dog with a bone, when I need to be.

Ok!

For the avoidance of doubt for everyone:

May 2009 - Our case was accepted in the Madrid Court 55 on grounds we had a case and then Millenium Insurance had to send our Bank Guarantee monies, plus interest to be with the court in readiness for the 1st Instance hearing.

12th Feb 2010 - We lost the first instance judgement and our monies was then sent back to Millenium Insurance!

Feb 2010 - After the 1st Instance decision went against us, an appeal process was started and announced before the Madrid 55 court.

May 2010 - The appeal was not approved due to a lack of 50 euro's fee?  This was immediately claimed against...

July 2010 - The claim against rejection is rejected again on basis of the above fee missing and elapsed time since the initial appeal?

September 2010 - A claim before the appeal court, appealing the rejection of the right to appeal?

March 2011 - We won the right to appeal and there was 20 days window to present the arguments (This seems to be where the inaccurate notification to us by e-mail that we had won our case)!  It would appear that we had just won the right to appeal, something that should have took place back in May 2010??

21st March 2011 - The argument document (10 Pages) mainly arround the lack of proof of the completion delay by Promaga, this was accepted by the courts. 

25th April - The receipt of the above appeal document was received.

Between April and July 2011 I was requesting updates as I still thought i had won my case, but unknown to me, we had won the right to appeal due to the original confusion about the appeal fee and time delay?

July 2011 - We were notified of the mistake and we were devestatded with this news.  From this point until now we had been trying to understand why this had all happened - This was my frustration and feel better information would have avoided this situation!!

March 2012 - We were advised we would not be getting an appeal hearing until 1st Qtr 2013 - This is what started my Thread in the vein that evryone has witnessed.

There were some small errors made on my case regarding the appeal process that have caused some of my delays and just wish this would have been advised to me in a clear manner, but instead it caused such distaste and uncertainty about where my case really was?

I now look forward to my appeal hearing on 20th June 2012....

Regards

Mark & Denise Barton

Great Mark, I'm very pleased that you have managed to sort it all out. It must have taken a huge amount of worry from your mind. You can now gather your strength for the court case in June.

We too are using CostaLuz lawyers and I have been most interested in your problem. As you stated,   more frequent and better communication would have prevented all the heated posts, bad feeling and upset.

Best Wishes,

Thanks for all the comments, which make our company fight harder for excellence. We are full steam on improving clients´ updates for the June lot. I am sure we will gain a higher amount of satisfaction then.

Thanks a lot!

Maria

Maria,

Can a Bank/Insurance company appeal against a successful declarative action to enforce return of monies as per court rulings, or is this not permitted?

If the Court decission is firm ( which means that first Instance Court decission was not appealed or the appeal possibilities are now all finished) there is no further possibility of appeal.

The enforement of the Court decission can be challenged- opposed ( as every enforceable title) due to very determined reasons.

Hi All

i have just returned to the uk from Spain. I looked at some property and visited Guadalupe (gm legal). I and others are using a generic BG to recoup our monies back from BBVA and other banks

She told me that after approx 1yr of various courts/discussions I have a pretrial date of sept 2012, I was then told that most of the trial work is looked at during this time and if the judge feels there is a case (it has already been accepted by a court in alicante). this is also a chance for our law

Within 3-6 months a full trial date is given for the judge to deliver a sentence.

If the bank does not pay up within 4 weeks (if we are successful) we can then go after major assets from the bank, which the avoid like the plague. Because as Guadalupe said " we then go after their main offices in Madrid as payment"

I have already paid my fees (750euro) to gm legal and after meeting face to face feel as confident as ever we will get our cash back.

i do intend to buy in Spain again but only something is is fully complete and legal and will be using Guadalupe and her team to take me through the next step.

There are some good property deals out in Spain at the moment, but my feeling is they may reduce further within the next year.

If you read this MO good luck with your case with Guadalupe

Regards

 Trowell:

Wise option: start searching now

Maria

Thanks for the feedback Trowell!..... it's much appreciated, as are the endeavours of all those who have put so much effort into the research required to gain enforcement of this EXISTING law against the Banks.