Palmera Properties, La Perla...anyone know what's going on?? can you advise ??

** EDITED - EOS gremlins **

The problem is Maria, that in my case and I guess many others, the deposit was paid directly to the Lawyer, who was also representing Palmera Properties. I have no idea whether that deposit ever made it as far as a financial entity. The lawyer has never replied to a single mail or email in 5 years. She has been completely fraudulent, and gives your profession a bad name.

Fultond:

Then, send a legal request to this lawyer to provide that information.

Best regards,

Maria

All the information I have is now with IURA Abogados in Fuengirola, who are acting for the Costa del Sol Action Group, against Palmera Properties and Grupo Mirador. As Hutch1 says, there is little prospect of getting any return from this action, partly due to the size of the overall claim (I think there are over 100 claimants), and also due to the speed it is progressing at. At this stage it is a very difficult decision to make in trying to pursue other avenues to claim money back, with no guarantees of a successful claim that gets duly paid. We have all lost so much already, and then paid more to pursue a claim.

However if you have any productive suggestions.........

regards, Dave

Action out of 1.2 of Law 57/68 is the only productive suggestion now.... I am afraid.

Best regards,

Maria

Hi all

My legal team and I successfully won our case against Palmera Properties (PP) in 2007, they appealled against the decision and subsequently lost.  PP were ordered to repay all monies received from me, plus legal interests and my court fees.  That was nearly 3 years ago and to date no money has been repaid by PP.  My lawyer has legally seized properties belonging to PP but has never been granted permission to sell at auction, even though attempting to on many occasions.

What is the point of taking companies like Palmera Properties to court if the court will not enforce the judgement or grant permission to sell the seized properties????  Any assistance would be greatly appreciated, especially from Maria.

I have lost all faith in the Spanish legal system as they seem to be holding proceedings up now.

Regards

Rob 

Who has stopped you from selling the seized properties and how can they do that under Spanish law?

Yet another case to be reported to Marta Andreasen (and your local MEP) regarding the non-application of law in Spain.

Here are some MEP email addresses who I advise you contact.

marta.andreasen-office@europarl.europa.eu

margrete.auken@europarl.europa.eu

roger.helmer@europarl.europa.eu

office@gleniswillmott.org.uk

How many instances does it take before the government is finally made accountable to ensure that laws are enforced and monies returned/assets sold as per legal judgements?

Hi ads

Thanks for your comments.  Glenis Willmott is aware of my ongoing situation, I have been in contact with her for a couple of years now.  My local MP John Mann put me onto her.  Unfortunately not alot has been achieved by Glenis and her team, I suppose I am one of many in this predicament.

Everytime my lawyer attempts to go to auction with the 2 properties seized, he is prevented in doing so by the incompetence of somebody working for the Spanish courts.  Excuse after excuse is given about bits of paperwork not being signed, people not being informed about the auction etc etc.  Very worrying seeing as I won my case back in 2007 and was successful in the subsequent appeal.  I initially started proceedings against Palmera Properties in 2005.  As stated in my earlier message, I was awarded all monies I paid to PP, plus court fees and legal interest.  The only hope I have got of getting my money back is if the properties seized do actually sell and I am paid what I am owed out of the sale.  The sale of those properties is of course not guarenteed.

Kind regards

Rob

Rob

I don't know what property was seized. Are these actual building properties? Otherwise I would expect you are sitting on a declining asset?

Dave

Hi Dave

All I know from my lawyer is that he seized 2 building properties soon after the successful case and although not in excellent condition do stand a good chance of selling at an auction.

As always, I will keep my fingers crossed for some positive news.  Thanks for taking the time to respond.

Regards

Rob 

Great news Rob, I thought you were about to say you had seized some fax machines or something. Best of luck, but I think that really shows the desperationof the whole situation. You are one of the first in the queue and already feeding on crumbs. I had publicly given up on getting anything back, but now I know even privately we will get nothing. Any money Gotardo has will be deeply hidden in overseas accounts. I think time to accept the truth and part with no more money. Once again, good luck in your efforts, you took a bold step much earlier in proceedings so deserve it.

Dave

Our  local MEP is aware of our case as is Roger Helmer, we even have a case number for our claim to be pursued with no luck.  I do not think the Spanish government is interested in our plight ,they have their own problems to deal with.  I fear that there is no answer . If you have waited 3 years Rob for your money then those of us that are with IURA have no hope of ever retrieving any of our money.

Maria:  I may be very ignorant but what is the 1.2 of Law 57/68?  Please can you explain.  I did send an e-mail to you at your office as requested.  Let us know what we can do to further our claim.

 Dear All,

a long time ago a wise old trader on this forum warned that the Brits have no influence whatsoever with the Spanish and would not affect how they do things a single jot.

He has not yet posted any change of that opinion as far as I am aware.

What seems to be required is a mass cull of Spanish Real Estate lawyers.

Or is that too simple????????

Regards

Norman

Fultond

Every now and then Palmera Properties appear on EOS!

Would you clarify the lawyer to whom you paid your deposit?

When I looked into the activities of Palmera properties many years ago it was all very mirky and many paid deposits back in those days direct to agents who then stripped out commissions and fees and if at all then passed on balance to developer.

and today estate agents still operate in a totally unregulated environment and people still keep handing them money ......

The Lawyer was named Pilar Yañez Fariña and was based in Fuengirola, and was "associated" with Palmera Properties. I know it sounds ridiculous now, but I always thought lawyers were there to uphold the law!

 Dear All,

the procedure in my case was to pay a small deposit with a credit card to the agent/lawyer as a holding or booking deposit.

Later the main 30% deposit was paid to the lawyer less the booking deposit to go into the lawyers "client" account.

I am sure that I was told that my money would stay safe in that account until an agreed stage payment would take place.

In fact what seems to have happened was that the money was passed over immediately at contract stage without any of the promised finance being in place or indeed any check on that finance.

Exchanging contracts without finance being in place seems to be the Spanish way.

This of course was not related to Palmera Properties.

Regards

Norman 

fultond - you have had an expensive lesson in the Spanish legal system and Spanish lawyers!

normansands - did you pay to the same lawyer as fultond?

If I recall Palmera Properties in later days had "in-house" legal and they did not like any outside legal involvement - ie you had to pay for and use their "in-house" legal team.

As fo Bank Guarantees I don't think anyone even knew what they were ................

 Faro,

no, I had a nice young English solicitor working for "European Legal Solutions".

when I told them that they must be insane to exchange contracts without finance in place, they sent me a letter of "discontinuance" or some such.

Norman

Have you looked into bringing a claim under European Legal Solutions UK professional indemnity insurance policy (min GBP2 million as required by Law Society of England & Wales) or you could go after that solicitor and file a claim against her now?

If the solicitor you dealt with was held out as an English solicitor then he/she should have had PI cover in place.

It might be worth discussing with Law Society.......

 Faro,

many thanks

Norman