Bank guarantees. Any successes?

Hello Red Devil ( love the name)

I have

Hello Red Devil ( love the name)

I have

Hello red Devil

Sorry about last message Mess up. Senior moment I´m afraid.

I have sent you a private maessage with the details of the Spanish lawyer we used to get back our deposit from Polaris. It took about 6 months from the start of court proceedings and we set up power of attourney even though we are living in Spain.

If you cannot receive private messages please reply on this tread and I will put details on here if it is allowed.

Any objections Justin?

Jean

Please clarify who is that Maria, as I have never assist any client for purchasing properties in Santa Ana.  I am afraid that... saying Maria in this forum makes people directly think of me and .... I am ... innocent regarding that negligence.

We can honourably say that never have assisted an off-plan purchaser without ensuring a Bank Guarantee was in place.

17 Mar 2009 4:05 PM larrson Parcela I've made 2 posts Send private message to larrson

Hi Maria, Pity you didn't make sure a proper BG was in place for the people that signed up with you for the project in Santa Ana turns out it's only a general BG not a personnal one . Should you not have checked  BG'S so that peoples deposit was safe and when i emailed you for a copy of the BG you wouldn't even reply you are adding to this problem and making money out of it shocking

Far:

Say to your lawyer than having the original of the Bank Guarantee is enough, even if out of date. Acording to the Law 57/68, which created and regulated these guarantees for off-plan purchases, the Guarantees get cancelled once the First Occupation License is in Place and the house is handed over.

You may like to read this article of the EOS Maria´s blog:

http://www.eyeonspain.com/blogs/costaluz/1113/legal-tip-30-you-do-not-need-to-renew-your--5768-bank-guarantee-they-do-not-expire.aspx

Best regards,

Maria L. de Castro

With respect Maria

I know about the law 57/68 but lots of lawyers cannot agree on this, many say it is a very grey area, my lawyer who is on the British Consulate List of Lawyers does not want to pursue this, Law Bird Lawyers also say on their site that it is a very grey area. Being against the law in Spain seems to stand for nothing as you well know.

May i suggest that if you are so confident that you represent me on a no win no fee, no win meaning not a actual court decision but my money back in my bank account, i would be happy to pay you a bonus at the end.

FAR

With all respect Far:

This link:

http://www.eyeonspain.com/blogs/costaluz/1113/legal-tip-30-you-do-not-need-to-renew-your--5768-bank-guarantee-they-do-not-expire.aspx

is not my opinion but current, enforceable Law. Our experience is not the same as your lawyer and Lawbird, we have won almost every executive case brought to Courts so far. (all but one actually).

I fully respect my colleagues cautious approach but cannot share it.

Unfortunately, we are not allowed to work on a no win no fee basis in Spain.

Best,

Maria

Maria with respect

Winning the case does not guarantee money back in clients bank acounts

Can you please clarify about the case you did not win? what was the difference here?

Also would it be possible for all your clients relating to this, to post on this forum to confirm that they have got their money back?

The no win, no fee policy is rather convenient for the lawyers, don't you think?

FAR

Again with all respect and kindness, asnwering your questions, in green as used:

Winning the case does not guarantee money back in clients bank acounts. It does, sooner or later.

Can you please clarify about the case you did not win? what was the difference here? The Judge considered the delay was not proven. The contract was perfectly crafted so bank Guarantees cannot be executed with an undetermined completion deadline. We varied our strategy since then.

Also would it be possible for all your clients relating to this, to post on this forum to confirm that they have got their money back?  I will ask, but a it will be out of generosity, I cannot guarantee they will., it is just up to them. I can give to you email addresses ( if they allow me so). In order to do so, just email me to my external email address.

The no win, no fee policy is rather convenient for the lawyers, don't you think? Well, it is a matter of Fair competition among lawyers.

Larrson: Please clarify who is that Maria, as I have never assist any client for purchasing properties in Santa Ana.  I am afraid that... saying Maria in this forum makes people directly think of me and .... I am ... innocent regarding that negligence.

I would highly appreicate if you at least could confirm it is not me! Thanks a lot.

We can honourably say that never have assisted an off-plan purchaser without ensuring a Bank Guarantee was in place.

17 Mar 2009 4:05 PM larrson Parcela I've made 2 posts Send private message to larrson

Hi Maria, Pity you didn't make sure a proper BG was in place for the people that signed up with you for the project in Santa Ana turns out it's only a general BG not a personnal one . Should you not have checked  BG'S so that peoples deposit was safe and when i emailed you for a copy of the BG you wouldn't even reply you are adding to this problem and making money out of it shocking

Maria

Many thanks for answering these questions

I still remain confused though as to why some lawyer's will not pursue this, especially when it is money guaranteed to their advantage!

Kind regards

FAR

Larrson

Would you please clarify who Maria is?

FAR

Dear Far:

 Could you figure out if those lawyers are somehow interested in the completion of the property? 

Please let me know if you have got further questions regarding this,

With all my kind wishes

By the way Far.... are you near?

After a very stressful full 4 years since we signed up for our dream apartment at Nuvera Ribera resort nr Murcia airport, I am pleased to confirm that we have recovered all our downpayment thanks to the Maria and her team at Costa Luz Lawyers. The apartment and complex were built but we were unable to get a the habitation licence due to the Roca corruption scandal. As the dead line was approaching for the validity of the bank guarantees we decided to contact Maria last summer on recommendation of EOS. Maria's response was great. She said that she had every confidence in our recovering the money together with legal costs and interest and so far she has been right in every respect. I went to Spain just 3 weeks ago and met with Maria and her team. She accompanied me to the bank to collect a draft covering all our downpayments, which I have now deposited. Crazy as it sounds we have actually made a good profit due to the fall of the pound since we first signed up. We now await the interest payments and do not see a problem their either. Our experience with Maria has resored our faith in the Spanish legal system. Good luck to you all!!!

 Thanks Ju and Di.

Maria

** EDITED - Please respect terms of posting **

 Could you please say who you are? Name and Last Name? Can you please post the emails you are mentionin here? I will be very happy  to read them....

I have never assisted anyone in a purchase in Santa Ana and am fully tranquile and satisfied that I have never conducted a purchase without requesting  the proper Bank Guarantee or Insurance Policy. I have assisted dozens of clients whose lawyers... did not obtain them for them... that is true... and with quite good results. Maybe you are confused and ara talking about different lawyers.

And .... how is that you have never claimed that before me? Or have you? Can you show the emails here? Please go ahead... I would appreciate it.

Have a great evening!

Maria

By the way.. it is not ellegant that you contribute to this wonderful forum just with the mission of discredit and calumniate, you have just made three posts and all with a non honourable mission.... you should read the forum rules. 

And what's that at all cost's don't tell the truth

Dear Ju and Di

I am pleased to hear that you got your money back. As you said, you had a VALID Bank Guarantee, not one that was out of date "Legal or Not"

FAR