Bank Guarantee case won but still no refund

Thanks Manus.

What reason was given by the judge for losing the executive decision in the first place?

Ads,

We were not informed as to why the Judge took that line. We were informed of "Case Lost"  in one of those 3 monthly case reports - some months later!!.

I wonder if Maria could kindly advise as these cases where instances are lost (even if early in the legal process) need to be analysed to spot if there is a pattern occuring. For instance, either with judicial contra legem rulings, or perhaps protectionist activity in favour of Banks in certain regions, etc. We need to be pushing for greater consistency of rulings with regard to Ley 57/68 where all articles and latest case law, SC decisions etc are recognised by the judiciary, across all regions so as to eliminate the risk of legal lottery in this equation, and this only seems possible by greater transparency.

As a law firm we do all in our hands to expedite cases.Sometimes there are reasons beyond our area of influience ( workload) that we cannot impact.

Dear Maria,

Would it possible to provide reasons why the case was lost prior to your succesful appeal, so that clients can appreciate the legal logic behind the first judges ruling?

It's only by recognising this that we can gain transparency to judicial rulings that require subsequent appeal, and thereby recognise if there may be a pattern of contra legem rulings occuring in any particular region or court.

Transparency sadly appears to be lacking when it comes to monitoring of judicial rulings in this regard.

Many thanks.

What case are you refering to?

I was referring to Manus's case as below, where he/she identified that "The case was heard in Orihuela. We lost the initial Executive decision We appealed that through the main court, which we won against CAM/Sabadell, and they didn't appeal the court decision. "

Many thanks Maria.

(Even though the case was subsequently won (which is excellent!), the fact that an appeal became necessary is of interest, as are many "lost" early rulings that require further appeal.)

Reference my earlier posting re waiting for court cost breakdown, we have received a detailed breakdown of the costs incurred. We were awarded the full interest and costs as submitted by Costaluz Lawyers to the courts. All I will say is that taking court action in Spain is a very very expensive legal experience.

I have to thank Costluz Lawyers for their efforts on our hehalf. It was a very frustrating experience and there were times when we thought it would never happen - but it did!! So jusgt to let others know  who have found themselves in similar circumstances that there will be light at the end of the tunnell and to stick with it.

Again, thank you to all who made constructive contributions to this thread and keep your heads up.

Manus

Thanks Manus1!

We will!

Well done Maria and all the Costaluz team.

Stay strong everyone!

It is our day in court today (Ley 57/68) after more than  seven years with our lawyer and ten years six months since we paid our deposit.

My best wishes today to all at Costaluz for their tenacity and hard work.

Fingers Crossed!!

Sandra,

Good luck today. It has been a long wait for you but you have good legal reptesentation in Costaluz.

rgds

Manus1

Thanks! Best of lucks.

  I had an email from CostaLuz the day after the scheduled court case to say that  my main witness did not turn up and so the case has been re-booked by the judge for February.

Who the witness was I have no idea but consider myself extraordinarily fortunate to have the case heard so soon afterwards.

Sadly I suspect you are not alone in this instance and you are indeed lucky to have this rescheduled so quickly. Do you know if this was at the behest of the judge placing a time limit on the witness to appear?

Good luck Sandra and keep us posted.

Ads,  you mention about getting enough information to see if there is a pattern to the court's decisions.  I too have thought about this.  however, it looks like the whole thing is hit-and-miss, with no consistency of outcomes.  there might be a bit of a patern developing, though, in awarding of costs and whether the bank appeal or not, depending on if the plaintiff received a bank guarantee or not. 

Manus, if you read this - did you receive a bank guarantee?

Sandra,  any idea who the missing witness is?  what is that all about? i've never heard anything about a witness!  i wonder if it simply means someone representing the bank. can't think of any other possibility.

Anyone -  i would be interested to know how many on us paid our deposits directly to the bank,  or to their lawyer, . the developer or someone else.  maybe there might be a pattern there.

good luck to all.  advice - don't take it personally!!!!!!  we are dealing with a 'weird' system.  

John123

I did have a bank guarantee. Unfortunately my first solicitor left out my initial holding deposit of 3000.

It is recoverable but court costs makes it uneconomical to do do. Forgot to make it known to Costaluz when they

Took on my case.  Expensive omission on my behalf!

Manus1

Hi Manus,  thanks for the info.  unlucky about the 'missed' deposit but look on the brightside - you had a bank guarantee! -  so no appeal against your favourable decision and no legal costs.  most of us without that bank guarantee will be subjected to a High Court [and possibly a Supreme Court Appeal [which aint cheap]] and might also have to pay our legal costs.  but I'm happy for you and everyone who gets justice from this scandal.

cheers,

John