Court case delay

Dear Maria,

I don't doubt your sincere intent but I wish others would work with you to report back the realities, as one lawfirm alone is insufficient in this regard ....plus I would hate to think that by Costaluz being solely more proactive in reporting uncomfortable realities of this nature that you ( and your clients) could become compromised in that process.

You have pioneered and educated so much along these many years I sincerely hope this might prove yet another instance of courageous pioneering to achieve a successful outcome, ironically to the benefit of all. :)

Kind regards.

I also would like to say that, I may be fairly forthright and vocal in my expression of our experience in buying the property in Spain, and be critical of the way the system deals with our purchase and our deposit returns......

i support the way costa Luz has dealt with our case professionally and brought the case to a conclusion.   I look forward to finishing the case with them now, and enjoying some late sunshine, even if it's not in a villa in the sun!    

I will always be looking for the best service and let them know if I'm in any way thinking I'm not getting it, but I have the confidence they will be doing their best and standing by us.   Probably can't ask for any more, there are cultural differences for sure, but I'm sure we can right result if we do it right.

Thanks María and María and Keith, keep up the work.

Will keep going ahead, with your kind support, which we highly appreciate

M

Dear Maria, ok in a calm way can I please ask you to reply to the querise I asked you on 20th july, kind regards stokey 

Lots of critics about Spanish lawyers and Spanish courts but I suspect many have not had much to do with the UK commercial Courts and legal actions which can be just as frustrating

In recent time UK's have speeded up but for complicated legal issues they can be just as lenghtly and UK lawyers when defending can be equally as good in delaying tactics and playing the system. I would go as far as saying that if you instructed a UK lawyer to defend you in legal action you would expect them to apply delaying tactics-all part of the game!

And our Banks! nothing to be proud of here and getting them to pay out on guarantees is not staright forward!

And then we come to UK law protecting buyers from off plan deposits: there is no protection besides the contract you sign and there is no obligation to provide a bank/insurance guarantee
Finally, our developers! not unknown to build without full planning and building approval and the current Ground Rent scandel now unfolding illustrates the ultra commercial approach they take! One developer has provided £130 million and be sure that will not cover their claims[ total cost could exceed £500 m] and soon the friendly lawyers the developer recommended to buyers will have to face their share of the costs

We all decided we wanted a holiday home in Spain and some of us came up against a problem and have to accept their laws which in this respect are better than ours   

Thanks to Lawyers like Maria the Spanish Courts have enforced the law   

We should never be afraid to expose banking malpractice and its effects on innocent citizens wherever it arises, nor be afraid to assess the current legal systems and their ability to make the banks accountable, which at the end of the day has been the goal in this scenario ( alongside exposing the failures within the real estate systems).

This should never become a competition however as to which country is the worst. It surely should be a common exercise to focus and seek out best practice and solutions, to learn from one another, and in that process expose and solve problem areas,

We should all be striving for solutions without being over sensitive and protectionist...( not easy given the cultural differences and complexities involved to be honest) ....but only by working together to solve these problems areas, to be willing to seek out solutions and demonstrate patience and understanding, will we ever gain progress in this regard.

Costaluz Maria and Keith have without doubt been pioneers and courageous in their endeavours for which we should all be grateful, but we are all human at the end of the day, have to work within the confines of what is realistically possible and comprehend the stresses from both sides of this sorry saga, but hopefully never shy away from uncomfortable realities that require forward thinking.

But more importantly we should never lose sight of the common goal to make the Banks accountable for all their ongoing malpractices and strive for a legal system that best achieves that aim.

This message was last edited by ads on 02/08/2017.

A good post ads, but I do not understand why the situation with the banks has got so out of hand and ended up with so much expensive litigation ‘’which clearly suits the banks’’.

Where and what has happened to government regulation of the banking industry?. What has happened to the Ombudsman system that provides a free fast track system to rule on disputes?.

Good question Donald1966 ... I think you need to read the following text from Keith's petition (from way back, when we were desperately trying to educate and inform the powers that be).

http://www.bankguaranteesinspain.com/text.htm

And in the interim the EU bureaucrats compounded the misery by failing to respond to all manner of communications to protect the " innocents" and ensure Banks' compliance in the face of such malpractice and abuse.

So the "innocents" have had little option but to fight through the legal system of Spain....all the way to the Supreme Court .... and still the Banks use obstructive and abusive measures to try and delay justice at every opportunity.

So is it any wonder that given the succession of events that have occurred in the interim that frustrations occasionally overspill into anger and mistrust?

The moral of the story is to become educated to the uncomfortable realities and fight AS ONE,  legal teams, the judiciary, court administrators, and claimants alike, to expose and adequately respond to such unforgiveable abuse and lack of banking regulation - but in that process never lose sight of the larger picture and the need to focus on striving for solutions to all obstacles that continue to hinder timely justice.

When we have sorted out the Banks can we then sort out the Courts ,or are they really a law unto themselves ?

It appears only when adequate resources and adherence to new systems designed to fast track claims relating to floor clauses and the like that have further compromised an already overloaded justice system, will the ever growing instance of litigious claims against the Banks and the knock on effects with regard to major delays be resolved.

But perhaps Maria can clarify further on the steps being taken ( or suggested) and their perceived effectiveness to improve and deal with these problems relating to delays from first hand experience?

When recovering your own money, if you win your court case, how much would your legal and court fees be (approx) and who pays them.

Are you awarded these costs by the Judge or is it a second merry-go-round with more legal fees?.