Written Sentence

Hi would just like some feedback from any members who have been to a spanish court, fighting against their bank/developer trying to get their deposit and payments back. I understand that the court should produce a written sentence within 20 working days of the hearing? Have members received this in the time frame or have their been long delays? Also was the decision in your favour? Thank You

In my experience 20 days means nothing. We waited for 4 months for our recent verdict from the Court. We won but an appeal has been put in!  Anything not to pay out and drag it on for ever.

Three years ago we sued the Bank using our BG. We won but the Bank appealed, unfortunately for them outside the time limit and so the Court paid us, They then had the temerity to ask for the money back (96,000 euros), but our Lawyer told them ...too late, the money has already gone to their UK bank accounts!   Just another of the dirty tricks campagne. It took another 6 months after that to get our interest and legal costs into our account.

We have exercised our Bank Guarantee almost 12 months ago and are still waiting for the money, the Judge found in our favour and ordered the return of the deposit plus costs plus interest.  The Judge has now ordered that assets are seized to cover the money and that was sometime in March 2009.

So, still waiting with fingers and everything else crossed that we will have the money back soon, although we are still not 100% certain that this will happen, it seems that the institutions involved can simply keep ignoring the courts decision.

Would this happen in the UK?

Kelju

Hopefully it would not happen in the UK. Good Luck.

Hi Tish

I am confused about your post  ,re your BG you said the court paid then asked for the money back .Surely you meant the bank paid or am I missing something ?  and therefore who asked for the money back ? sorry if I am just having a stupid moment but I am a tad confused now . I would appreciate any  info or experiences  you or anyone else has to offer on this subject .Thanks  MM

Kelju: Is it a Bank who is refusing to pay?

Hi Maria,

No it is the insurance company ASEFA.

Kelju

Hi Magicmeg,

Sorry to confuse you!  I'll explain.

When you win your case against the Bank, the money is paid into and held by the Court procurator, until it is paid over to you.  As the Bank did not appeal the decision in the alotted time,(6 WEEKS TOO LATE) the Court paid us. The Court then tried to say that the appeal letter from the Bank had gone missing!!!!!!!!!!!! They sent our Lawyer a document saying "someone" had paid us in error!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!   Our Lawyer told them the money had already been disbursed.  It was another underhand tactic by the bank and developer.

sadly

it is similar in the UK when trying to get monies back from debtors

Thank you Tish I am no longer confused ,I did not realise it worked that way ie court receiving the funds from the bank to distribute to the purchaser I have not heard of that before now .Grateful for all info regards BGs Thanks MM .