22 Jun 2021 3:16 PM:

Hi ads,

Not that straightforward I'm afraid. I paid my money into my solicitors bank account. My solicitor then raised a bankers cheque made payable to the developer. A receipt was given by the developer for the amount stated on the bankers cheque. The developer then paid the bankers cheque into his bank account, who then truncated it somewhere else, and this is were the problem lies. I do not have any details of were the cheque was then cashed i.e. which bank. 
I approached the issuing bank to see if they could trace it, but as it was 15 years ago, they said they do not keep records  beyond seven years.

Unfortunately, my contract makes no reference to the payment.

G

Community thread: Proving payment was made to the Bank

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21 Jun 2021 3:19 PM:

Hi All,

I have been informed that my appeal for claiming my deposit back has been unsuccessful as the Appeal court stated that there was lack of proof that my money was paid to the bank. 
I have proof that my money was paid to the developer. However, the bankers cheque which was given to the developer, was truncated (i.e. paid) from my Solicitors bank account through to the developers bank account. The problem lies in the fact that very few details from the original cheque are shown at the receiving bank. Truncating cheques (transferring money from one bank to another) in this way is common practice, so I am told. 
Just hoping that the Supreme Court are aware of the truncating process - not holding my breathe though as it was them who first brought out the need for proof of payment.

G

Community thread: Proving payment was made to the Bank

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09 Mar 2015 3:12 PM:

Samuelf123 - I too share your sentiments. Only what could have been...

Anyway, to reality; are there any TH buyers out there, who did not have a bank guarantee and have sucessfully sued the banks and got there money back. I put my deposit down for a Triana a decade ago. I do have a court date for April this year (its an appeal court date as we lost the origainal case, but fingers crossed this sentence will go in our favour!).

Would be good to hear of any TH buyers who have been successful. Any news would be most welcome!

 

Community thread: The end - In pictures

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17 Oct 2014 8:23 AM:

Thanks Kieth for sharing the detail of your lawsuit.

I acknowledge the time and effort you must have put in in trying to understand the Spanish legal system, so it does worry me when you say that a very important element of any group lawsuit, is that all claimants have identical cases -the only identical element with our group lawsuit is the name of the development!

Forum thread: 18 month wait for appeal hearing

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15 Oct 2014 9:52 AM:

I am in the same boat as you pff001.

As I am sure you are aware, our class action against the banks contain some 30 plus individual cases, but all slightly different from the next! I could be wrong, but I think this may be causing the problem - it certainly did first time in front of the magistrate [as he stated it] hence why he decided in favour of the banks.

You shouldn't compare cases, for may reasons such as what is fact, fiction or hearsay, but I will anyway. Finca Parks, I believe, all had identical cases so it was relatively straightforward for the magistrate to pass sentence. The interesting bit is that the appeal took just over 8 months to be heard followed then by a further month for that then to be thrown out - circa 9 months in total.

I share your frustration, like I am sure many others do in our class action, but as it has gone on for so long, do you pull out and 'go it alone' or just carry on waiting in the hope that it will be any time now.

My only concern is that the first magistrate decided in favour of the banks, so what's different in the next one doing the same!!!

I do believe the lawyers are fighting our corner though.

Forum thread: 18 month wait for appeal hearing

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