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10 May 2009 11:49 AM by normansands Star rating in Kent. 1281 posts Send private message

Dear Goodstitch,

I guess you are fortunate in having a business income to support your efforts and not just relying on pension and savings.

Others have to way up the costs, lots of off-plan purchasers have completed though most dissatisfied because their "crooked" lawyer advised them that if they did not, their 30% deposit would be lost with no hope of recovery, that is the system that they omitted to advise of in advance.

As you say you "hope" to win.

So what, what good is winning if you are just wasting more money postponing the eventual highly expensive loss, that is the system.

Justin hopes to change the system, no hope, not possible, unless you can change the culture.

Surely you don't believe that the cultures are similar, though if ours deteriorates further they may become so.

Justin admits that he was "shafted" by his developer but has not wasted any money on legalities. Why?, is it because he knows the system is corrupt to the core and really does stink?

Given the "evidence" that you provided to us, if there was any hope at all of the system dealing fairly with your case, the case would have never come near the Court and when it did surely an honest judge would have found for it in two minutes of hearing it with an instant settlement with no appeal ruling also.

I am afraid neither you nor Maria have convinced me yet that there has been sufficient change or even likelihood of change to persuade me to risk any more of my pension on lawyers in hope.

You may have also noticed the posts on Spanish banks ripping their customers off without reason or response, expecting no query, that is the system, that is the culture.

Best Regards

Norman

 



_______________________
N. Sands



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11 May 2009 12:09 AM by goodstich44 Star rating in northampton. 1648 posts Send private message

normansands

I hear what you are saying. We were also advised to complete by not one, but two dodgy lawyers. One English and one Spanish. It wasn't until we found our third lawyer that the truth about the agent/lawyer/developer triangle of lies became clear. I don't hold this against the Spanish people as a whole though, I believe there are many good and bad, just are there are in the UK. It's those who make the rules in Spain I despise.

Yes, as you say, many were threatened that if they didn't complete despite often huge breaches of contract, they would lose their deposit. In a decent system, no one should be forced to make that 'no win' decision. We chose not to complete, and we still have to wait for the outcome nearly 7 years down the line.

Again as you say, in a fair system there is no reason for our case having to go to court, and when it did it couldn't be more black and white. I do feel though that we now have a good lawyer who has presented our case well. I still believe justice is possible in some shape or form, otherwise I would have thrown the towel in long ago, though how do you really put a price on years of stress, worry, and fear of losing life savings and more, through no fault of your own, that alone ongoing financial costs? 

I am so angry and so sorry for you, me, and all others who have so clearly been wronged, but there are good people writing letters, creating petitions and fighting hard to change the system to a fair one. For the sake of all cheated, I hope everyone will support them in their fight for justice in whatever way we can?





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11 May 2009 7:57 AM by Tish Star rating in Surrey. 833 posts Send private message

Hi Goodstich & Normansands,

I agree with most points on both of your posts. I agree especially with the point Norman makes about how different the decision can be to persue a broken contract through the expensive route of litigation, when you have no regular income as in the case of pensioners/retired people. Also , because of the economic climate, many people who started litigation or who wanted to start it, can no longer afford to continue with it.

Ialso agree that "black & white " cases should not have to go to Court, especially to exercise a Bank Guarantee and there should be no right of appeal by the developer or bank in cases where it is obvious that the law has been broken.

In our case no building ever took place because the building license was deemed illegal. It took three costly law firms before we eventually got our money back exercising our BG.  The developer tried to prevent us getting our money back for 3 years by  post dating the BG by a further year!!!!!! Even in such a clear cut case the Bank appealed the Judges decision to pay us OUR money back.

Having digested our latest case a bit more, I will comment on the Courts comments later............if/when we get reimbursed.  The appeal system in the Spanish Courts is ridiculous. Also, we should have had a decision on our case by the end of Dec/ 08/early Jan 09.  We got it last week!    Shameful.

Goodstich, I guess you have had no decision on your case yet ?  Maybe by Christmas..... if you're lucky!





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11 May 2009 8:09 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

Good, expert fights always bring good results at the end. 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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11 May 2009 8:26 AM by goodstich44 Star rating in northampton. 1648 posts Send private message

Tish

no decision yet, though only 3 weeks ago tomorrow, so not expecting much just yet!   Have you been given a date for actually being reimbursed, or are you once again in a ' perhaps next week, perhaps next month situation ' yet again?

normans point about persuing a case with very limited funds is a very good one. I really do think that the crooked system relies on a high percentage of decent people not being able to fund their case, even when they are clearly in the right. Just how wrong is a system that allows that situation, it really is sickening.  I have long heard that there is a misconception in Spain that those from abroad who buy a 2nd property in Spain are just greedy fools with too much money to throw about, so deserve what they get. Hopefully that viewpoint is changing?

Like many in our situation, we are not wealthy people. My wife and I own a small T-Shirt printing business. Our 'dream' was funded by me often working up to 14 hour days and some money left to my wife by her dear grandmother. How sad would she have been to see us robbed like this?

Oh well, a new week, the suns shining, so lets hope for good things!

 





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11 May 2009 8:36 AM by goodstich44 Star rating in northampton. 1648 posts Send private message

maria

.....only if  the fight is a fair one, and not loaded in favour of corruption money or both!!!





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11 May 2009 11:37 AM by normansands Star rating in Kent. 1281 posts Send private message

Dear Maria,

Have there been a significant number of successful claims against Interlaken at Casares Del Sol to influence them in any way?

Is your firm confident of success sufficiently to offer "no win no fee" contracts?

Progress needs to be seen, I think.

Regards

Norman



_______________________
N. Sands



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