Bank guarantees

Does anyone know if it is possible to take our cases of  lost monies to the European Court of Justice. we won our  case against Palmera in 2010 but of course never received any money back I have been advised that we can’t claim against the Bank as there is no evidence that Palmera handed over the money to the bank.It was paid into the Palmers properties lawyers account !Any advice would be appreciated.

Contact GM legal in Guadamar they won our case and lots of others. 

Also Maria at Costa Luz solicitors, they advertise on here they also have won many cases.

Ian

Thank you for your reply. We have won our case many years ago as have others I think but don’t know if anyone ever recovered any money from Palmera. I can’t see the point nor have the money to go through Spanish legal system again.

I would not normally recomend a no win no fee ,but it might be worth a try .If they wont take it on it might be time to give up on it ?

Hi 

There is  no such thing as no win no fee in Spain. They advertise it but in practice the fees are taken from the case if you win and they are very hefty. I more or less  had given up then I caught back of rip off Britain today and it mentioned European Court of Justice that people have used for problems with  consumer rights . I forget about it most of the time now but then just still feel so annoyed at the money we lost and the legal fees to no avail. You are probably right time to give up. Thank you anyway.

THE BEST ADVICE I can give is to accept that you will never get YOUR MONEY back once you ACCEPT THAT and MOVE ON your life will be BETTER 

If you ENGAGE another SPANISH SOLICITOR/ROBDOG you will only be fed MORE LIES and it will FURTHER PROLONG the TORTURE 

Love Hugh xx

Ha ha I know that really and have for the most part resigned myself to that fact but sometimes it just still gets to

me that they have ripped millions of us and get away with it. Time to let go..thank-you

Cant you sue the lawyer who took the money?

THE BEST ADVICE I can give is to accept that you will never get YOUR MONEY back once you ACCEPT THAT and MOVE ON your life will be BETTER 

If you ENGAGE another SPANISH SOLICITOR/ROBDOG you will only be fed MORE LIES and it will FURTHER PROLONG the TORTURE 

Love Hugh xx

What a load of bollocks! Well done Huge, you've done it again.

Klowe and all:

I fully understand your tiredness and frustration. These Palmera cases are especially difficult because of a lack of clear pieces of evidence of where the money went.

My advice is to start preliminary diligences ( this is asking the Judge to help you obtain proofs) and ask Palmera´s bank on where money was transferred. But again, I can fully understand the frustration of many of you after years of battle.

As a basic reminder: those payments should have never been allowed with the corresponding guarantees so, of course, lawyers receiving them and forwarding them to Palmera´s account with no verification of the guarantees are also liable.

Hello Maria

Thank you for your reply but I assume that would involve using another Spanish Lawyer and more costs.

regards

Kathryn

Yes, but, many lawyers are offering clients to take on these cases with no provision of funds

after 10 years of trying to get my deposit back on a derelict apartment if anyone wants to share info please send me a private message

Dear Maria

Given this scenario and from a wider perspective, was there any law in place in Spain with regard to the safeguarding and protection of interim lawyers clients funds during these past years ( I.e. prior to transfer of monies to developer accounts) or is this now going forward a new protection covered by EU directives?

Were there any safeguarding “client money rules” in place and would non compliance in this regard be classed as a criminal offence?

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Of course the dealing of money by conveyancing lawyers is regulated in the civil field:  by the mandate provisions of Civil Code and in the criminal  field by crimes against property

Thank you Maria

Do “crimes against property” include monies which might have been misappropriated?

And are lawyers who consistently refuse to provide detailed financial information regarding where deposited monies were forwarded or provide timely proof that monies were forwarded to the developer ( which is required to take action against the Banks) deemed to be demonstrating an obstructive conflict of interests? Would this then be deemed a form of misappropriation due to failure to prove otherwise? 

Do judges have the power to apply significant fines and prevent lawyers from continuing to practice by those who sadly continue to bring the legal profession into question in this way?

Thank you Maria

Do “crimes against property” include monies which might have been misappropriated? Yes, there is an specific crime called misappropriation:

1. They will be punished with the penalties of article 249 or, as the case may be, article 250, unless they are already punished with a more serious penalty in another provision of this Code, which, to the detriment of another, they appropriate for themselves or for a third party, of money, effects, securities or any other movable property, that they would have received in deposit, commission, or custody, or that had been entrusted to them by virtue of any other title that produces the obligation to deliver or return them, or deny have received them.

2. If the amount of what is appropriate does not exceed 400 euros, a fine of one to three months will be imposed.

And are lawyers who consistently refuse to provide detailed financial information regarding where deposited monies were forwarded or provide timely proof that monies were forwarded to the developer ( which is required to take action against the Banks) deemed to be demonstrating an obstructive conflict of interests? Lack of due diligence. Would this then be deemed a form of misappropriation due to failure to prove otherwise? If they cannot prove where money was sent, they can be liable of misappropriation course.

Do judges have the power to apply significant fines and prevent lawyers from continuing to practice by those who sadly continue to bring the legal profession into question in this way? Bar Associations are in charge of sanctioning lawyers. 

http://www.abogacia.es/wp-content/uploads/2013/05/Estatuto-General-de-la-Abogacia.pdf

We are in the same boat Palmera Properties took our money 19 years ago, started legal route in 2005 and still no nearer ever getting our money back.

So annoying that companys are allowed to get away with fraud, and the solicitors that aided them to do it, still in business and go on as if they have done nothing wrong.

Maria

For peace of mind and to your knowledge are you aware of the Bar Associations proactively addressing this highly compromising scenario where provision of evidence is being purposefully obstructed ( denying innocent claimants the right to litigate against the Banks)?

Where good law firms are reporting these instances are the Bar Associations responding and being sufficiently supportive to not only claimants but also good law firms going forward? 

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Yes, I think Bar Associations are pursuing this. When finding these obstcles and before asking a colleague to appear in Court, we need, as part of our professional rules, to communicate this to Bar Associations. So, they are informed and pursue this the further they can or are used to, in my opinion.

Anyhow, a culture of stricter control and sanctions on professionals is, from my very humble point of view, always necessary and healthy: both for clients and society and for the profession itself. At every Professional Body in the world

M