Floor clauses

Hi

We instructed a lawyer referred from Spainish CAB to fight our case with the bank who sold us our mortgage in 2006.

In November 2016 she presented our case {a 82 page document} to the bank in order to claim a refund etc.

Despite numerous emails and phone calls (from UK) to her asking for an update, nothing more, she has not once replied.

This is a no-win -no fee arrangement with an upfront fee of E902.00 which we duly paid.

We see that the banks have 3 months to repond to the claiment, but it is now past 3 months and we have heard nothing from UCI either.

We do not know what to do?

Do we sack this lawyer for her lack of keeping us informed and ignoring our calls and instruct another more responsive and accountable Firm Like Maria at Costaluz as I have read very good reviews aobut her, or is it too late? We wouldn't want to jeopodize our case?

A very troubled Jack!

You say it was a "no win - no fee" basis, but you paid £902 up front.  Sorry but unsure that was wise - £902 may well be more than enough to cover her costs and might have dented her appetite to see a result.

Having gone so far already I would first see if the Spanish CAB can assist.  If this solicitor is looking to them for client leads they may have more influence in obtaining a response.

But you may be time barred, I forget the limitation for this type of claim in Spain, it's a lot more complex than in UK where generally it would be 6 years for a non injury event.  I think it's longer, but yes for sure, if I were you I would certainly approach Maria and ask for her advice.

Hi Just a quickie. Did you contact Spain CAB and them then refer you to this lawyer.  If this is the case then I would follow the advice by acer. Or did this lawyer contact you stating that they had obtained your details via Spain CAB.  If this was the case then you may well have been scammed which I sincerely hope is not the issue.  My wife has obtained the details from Spain CAB of a no win no fee solicitor and there is certainly no case of an up front fee in her instance.  Either way I would contact Spain CAB and ask for advice.

Good luck

Hi,

I am also with UCI - not happy as on IRPH and they won't swap.  I went to CAB and was contacted by a lawyer who siad we can reclaim about 4,000 euros.  So far I haven't done anything as I have also asked Maria to look in to it.  This was several months ago and I haven't heard anything at all so I am guessing Maria can't help so its a no go! 

We were referred fromCAB and hirerd a lawyer thru them but until recently thought we were on a no win no fee case ....we dodnt realise that paying an upfront fee was a different paying system...!! Our lawyer has presented our case to court....we are waiting t hear..but she has told us the Spanish court system has collapsed due t pressure of these cases and it coukd take a while still before we get a decision, if we win at court she will present t UCI for refund.

What steps have you taken to recover monies paid.?

I appreciate this is a bad situation, so don't think I'm being flippant, but never ever believe what a solicitor tells you in Spain.  Of course there will be a few exceptions, but in my experience generally they have remarkably poor professional standards and will say whatever they think appropriate to keep a British client quiet.  Invariably you will find that this is never in writing.

The comment..." she has told us the Spanish court system has collapsed due t pressure of these cases and it coukd take a while still before we get a decision"...should not be taken too seriously.   I would keep chasing as you would normally - preferably sometimes in writing and in doing so record their comments made back to them - starting with - "...you told us that Spanish court system has collapsed due to the pressure of these cases"...etc etc

We have for over 7 years been trying to negotiate with UCI.  We have had the interest only option, they have agreed to reduce our costs for 3 months at a time but then charge us 200 euros for the paperwork.  I have been in touch with Maria De Castro and as far as I can make out it would not be worth while handing back the keys as we would be in negative equity.  If we could remortgage to a euribor mortgage  I am sure we wouldn't be paying so much. We are told we have to pay the taxes all over again if we do so.  At a bit of a loss really - if anyone on here has been successful please post your story .....

Jackbean:

I have no problem contacting this lawyer if you need.

Of course the Bar Association should also help you with this

Kind regards

M

Having utilised the very helpful format of the original claim against fees for loans, from Maria, I have had a reply from UCI which claims that the Supreme Court ruling does not apply specifically to them. It may be that the root of their argument lies in the fact that I was notified at the time of the application for the loan that the fees for the four parties charging them would be down to me and I signed my agreement thereto. Given that UCI was kind enough to allow a loan which extended up to my 94th year, I am inclined to not pursue them, but can their assertion of  non-involvement in the Supreme Court ruling be true?

Ruling on related expenses invoices do not exclude any Bank. Arguments  of the ruling are  Consumers Law based arguments which apply to every institution without exception.

They may be meaning that as that ruling involved BBVA,  it is not against them specifically and if you want the refund of your invoices them, you need to act further ( Client ombudsman, Court). Bad practise of course.