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

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04 May 2012 10:36 AM by trowell1 Star rating. 150 posts Send private message

Hi Ads

I really do believe now, that we will get our money back. the banks are simply using a system that is in place to fight our case.

it doesn't make sense as they have to pay approx 5% interest on our monies.

Have you made a claim yet Ads?

Regards





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04 May 2012 11:41 AM by mark barton Star rating. 43 posts Send private message

For Info! - Before this thread seems to have been hijacked and it's vien redirected I repost my final position!!

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


 


This message was last edited by mark barton on 04/05/2012.



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19 Jun 2012 9:55 PM by mark barton Star rating. 43 posts Send private message

Dear Maria,

I thought I would send this as I sent you an e-mail dated 13.06.2012 regarding my hearing tomorrow 20.06.2012 and have not yet had a reply?

 

The e-mail said the following:

I thought I would send this e-mail to check that you have everything in place for our hearing next Wednesday 20th June as I don't want to find out next week that there is another problem and the hearing gets rejected on a technicality or loophole as you suggested when the 1st instance went against us that the judge used?

Can you confirm everything is in place and everything that may be required, is available??

I look forward to hearing back from you shortly...

Mark

Sent from my iPad


 


This message was last edited by mark barton on 19/06/2012.



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27 Aug 2012 12:57 PM by mark barton Star rating. 43 posts Send private message

Dear all,

Seeing as this thread caused so much interest a few months ago during a period of our personal frustration in not getting the feedback we felt we deserved, I felt it my duty to give you all the latest news that I have just received regarding my appeal hearing of 20th July 2012.
 
I have been notified this week that we have lost the appeal and there is nothing more I can do against Promaga/Millenium Insurance relating to getting my 20% deposit back using my (Legal Bank Guarantee)! This is based on the grounds the courts feel that being only 1 month late on the granting of the First Occupancy Licence, compared to when our Bank Guarantee / Contract could be executed, is not enough time delay. Even though we had included the 3 months grace period already? 
 
So as a counter example:
 
I wonder if I was to have let my house insurance expire, then I was to have a theft, I can expect the insurance company to still cover me? What do you think they would say hey??
 
So my difficulty here is if the deadline had passed, then what is the worth of a Bank Guarantee in the first place??
 
I just want everyone to realise what you are up against with the Spanish legal system and although I wish you all better luck than we have had, don’t build your hopes up too much and don’t be encouraged to spend more than you feel right on fighting these seemingly unlawful routes…
 
Best regards
 
Mark & Denise Barton.


 


This message was last edited by mark barton on 27/08/2012.


This message was last edited by mark barton on 27/08/2012.


This message was last edited by mark barton on 27/08/2012.



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27 Aug 2012 2:48 PM by ads Star rating. 4136 posts Send private message

Mark, did the developer's legal team win a legal argument for force majeure, thus over-riding the grace period?





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27 Aug 2012 3:08 PM by mark barton Star rating. 43 posts Send private message

Ads,

Not as far as I know, but as per previous details within this thread, there are few vague areas. Perhaps Maria could answer this better?

Regards

Mark



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27 Aug 2012 3:24 PM by ads Star rating. 4136 posts Send private message

My concerns are that if force majeure was not applicable to the legal reasoning behind this specific judicial decision, then this leaves an extraordinary precedent for legal interpretation relating to purchase contract law does it not?

For instance does this now imply that time boundaries ("grace periods") specifically written into contracts can be extended even after force majeure has been discounted, and if so, what new boundary would be considered applicable? Where do you draw the line in terms of consumer protection within the confines of any purchase contract?

 

 I thought that the "grace period" was just that..... sufficient "grace" to be considered a fair allowance? Is this now not the case?


This message was last edited by ads on 27/08/2012.


This message was last edited by ads on 27/08/2012.



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05 Sep 2012 11:22 AM by mark barton Star rating. 43 posts Send private message

Correction notice!

In my post of 27.08.12 I refer to a hearing date of 20th July, this was incorrect, I meant to state 20th June 2012.

Sorry for my fat fingers!

Mark 





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