Costa Luz Lawyers

About 5 years ago we paid a deposit then further prompt payments on an off-plan property in Spain. About a year later the developers were hassling us to complete way ahead of schedule and with none of the proposed facilities completed or even started infact, we were a little concerned.

We wanted to have a look at the state of the site but they started to hassle us really badly and use threatening language. We spoke about this with a few people then contacted Maria at Costa Luz. She put our minds at rest and gave us some good advice about what to do. To cut a long story short we decided to try and get our money back as we felt they had breached our contract and by law we were entitled to claim our money back.

Maria and her team kept us informed of all the major developments and when there was a gap I could always follow any general news by reading her excellent eye on spain blog.

I spoke with Maria a few times and she explained the process to us fully and even though our life savings were at stake she was able to reassure us that everything was being done on our behalf to settle the matter as quickly as possible.

Recently we were delighted to hear that Costa Luz had won our case in court and we are hoping that we'll soon get the proceeds. We would still like to buy in Spain especially now that we have found a trustworthy and reliable lawyer.

I can highly recommend Costa Luz for anyone who needs legal help in Spain. You will not regret using them.

Regards
Ken

Hi Ken

Don't start celebrating yet!! We won our case over 2 years ago (deposit plus interest plus legal fees)  but still haven't seen a penny. The developers (still very active and still selling properties) and the Banks involved just ignore the judgement. There is no justice in Spain.  I hope one day I will eat my words.  But we were in your position 2 years ago and thought our years of waiting had finally ended, not so. At the moment I think we are being told nothing is happening. So be prepared for a long wait.

M11block- Have you asked that your lawyer report this delay to the CGPJ?

We need to get everyone who is in this position, to request that their law firm report major delays of this nature to the CGPJ (and retain a copy if possible), where presumably (?) these statistics will be monitored. Only when these instances are reported back enmasse will there be any possibility of action taken....... Also everyone should write to their local MEP to back up this evidence re failure of law enforcement in Spain. (www.writetothem.com) .

We have written to all manner of MEP's, EU Commisssion, World Justice organisation etc etc about these uncomfortable realities and Keith's petition will hopefully also add weight to this failure of justice in Spain www.bankguaranteesinspain.com .

It is a disgrace that the EU Commission at present continue to refer petitioners back to the "competent" member state's justice system!!! But do not let this dissuade you from writing to report these instances at every opportunity. We all have to be pro-active in this regard to keep the evidence flowing….

So yes, sorry to report back Ken, but a case win rarely results in return of monies as per successful rulings in any reasonable timeframe, although there are some exceptions to the rule. Sadly it appears a complete lottery as things stand.

p.s. Nevertheless, I forgot to say well done to Maria and team on the case win!
 

This message was last edited by ads on 24/04/2012.

Hi Ads

Yes we have written to our MEP, our MP and NIck Clegg, without any success, we have also signed Keith's petition, but we haven't asked our lawyer to complain CGPJ (not sure what that stands for), but we certainly will try,   Our case might be typical of many, but our lawyer also went back to court last year and was able to get a judgement to seize bank accounts of the developer and/or property of the developer.  Our litigating officer did this but again to no avail, the bank won't let us have the money as they are holding it as collateral until the deveoper has repaid a loan to the bank. A property was also seized last May but we cannot find where the property is, what it is worth, if it has been auctioned or in fact if we can claim it against the monies owed to us.  So NO -  judgements in Spain do not carry the same legal status as here. If a builder or developer or bank refused to pay money back that a court had ordered, they would be made to or  someone would probably face jail for contempt of court and refusing to acknowledge a court ruling.

All I can say is good luck to Ken and hope things go better for you.

PS Even the best lawyers are struggling now.

I forgot to ask Ken, did you have a Bank Guarantee? Are you actioning a claim against the Bank?

Yes and no, we got one for first payment but not for 2nd.

I've heard a lot of stories about people having to wait after judgement. Seems to vary from 2-3 months to 2+ years. Have to hope for the best. I have full trust in Maria and the team.

Ken

All the best Ken.... keep us posted how you get on.

Maria and team have been strong advocates of the Bank claim route to justice so it's reassuring to hear of any successful outcomes.