Conveyancing and errors in Bank Guarantees
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Hello,
In 2004 I had the misfortune to meet Andalucian Dream Homes and have regretted stopping at their stand at a Property Show. I paid a 30% offplan deposit using Lawyers of Spain (as introduced by ADH and now I know this was a major mistake). A few months down the line I obtained a copy of the Bank Guarantee. It didn't include the IVA. Anyway, after much stress and expense I got paid out by the bank, however there is still a matter of 5565 Euro plus interest to be paid. What do I do. There seems a general reluctance to sue the director or the practice - I should mention that the original solicitor i engaged (through someone else with a hidden agenda) to obtain my deposit back didn't mention anything (He did say that 'it was merely money and I still have my health'...my husband passed in 2010 so he was truly sensitive!). He took the Developer to court and I won, and then the usual appeal happened, This solicitor also billed me for approximately 40k Euro despite not getting any actual refund. I could only pay 20k Euro so he said that I'm dishonourable!!
My situation is dire yet everyone wants to earn money off me...I need to apply for the IVA back.
I should also mention Sol Mijas Developers SL were in the press as a money laundering company and also for some reason last year started negotiating with my old solicitor, who I didn't want to negotiate because of the massive charges. He didn't allow my present solicitors to take over so I have lost costs and interest for the developer fight.
I so regret thinking that I could do something in Spain that would be positive.
Any suggestions or advice gratefully accepted ...PM me if the nature of your response is sensitive.
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So sorry to hear of your situation.
I thought that when you give power of attorney to a new solicitor with regard to any continuing litigation re a lawsuit, that this cancels the POA relating to the original solicitor to continue acting on your behalf?
Also I thought that a BG protected ALL deposited monies for which you have proof of being transfered to conveyancing lawyer / developer account(s), in the event of developer breach?
Perhaps Maria could clarify on both the above?
This message was last edited by ads on 16/11/2016.
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This is difficult to explain! Although I had POAs for both solicitors apparently in Spain the first solicitor has to agree. However, prior to using Costaluz I used a UK based Notary. (So it was not a straightforward move.) The first solicitor wasn't my choice, I was 'introduced' to him via an English couple who later took me for £10k.
Apparently Sol Mijas Developers simply would not respond to Costaluz telephone calls. Given that when I downsized I originally had a house with no mortgage and over £210k in the bank now I have simply paid off the remortgage I took out. The house i downsized to was owned by an elderly woman so it was sold as a 'doer upper' - my intention was to do just that and move (my daughter was in the middle of her A levels). I have been a prisoner in this house now for over 12 yrs, and still have pictures,mirrors etc leaning against walls and boxes unpacked. I have wanted to start a business, bust as a survivor of child abuse I didn't realise that I overtrust individuals and in the past have been easily manipulated....I've just turned 60 and after a decade of stress want to close this chapter and have input to society (I am recently on ESA).
I'll be writing either an article about my experiences or possibly a book very soon.
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The main thing that annoys me is that the conveyancing solicitor should have done something about the bank guarantee being wrong. As a foreigner and someone who has never had a bank guarantee before I didn't understand.....I only really understood when Marias team won the claim in court. I started enquiring about the IVA and nothing seemed to amount to anything. It seems suing solicitors for lack of due diligence or professional negligence for loosing my iVA (and a further email where the Lawyers stated there was a bank guarantee for a second 30% deposit) and also for stating that a bank guarantee was in my name but in actual fact was an en masse one....causing much more grief!
This message was last edited by gill_malouf on 16/11/2016.
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CAVEAT EMPTOR
Nuff said Hugh xx
caveat emptor
_______________________ Done the Spain thing Happier in the UK
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When your dealing with 'professionals' you don't expect cock ups like this....5565 Euro converts to around £4800 - enough for me to buy a car (which i have done without for the past decade due to legal costs (I am a serial survivor of these 'overtrust' cases ..ie an organised mortgage fraud claim where the solicitors charged £35k plus VAT (£7k) and this was for over 2 yrs of negotiation....I had to pay for the sale of the property at auction and no acknowledgement of what i was put through or financial expense) ).
The other parties paid the solicitors costs but didn't claim any liability - very disappointing really.
As someone inexperienced I didn't know that certain 'well known' solicitors practices didn't do their jobs properly. The director responded to my complaint email by being smug and condescending. I admit looking back I was a lamb being sent to the slaughter....nievity has a high price. Spanish Law Colleges mention Professional Indemnity but I am not sure about how to go about seeking redress - the fact that the practice didn't do their job right was also relevant to an email I received in later years from an ex partner who was splitting from the business due to unethical practices!
This message was last edited by gill_malouf on 16/11/2016.
This message was last edited by gill_malouf on 16/11/2016.
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