Advice Needed !

At this moment in time, we're in a quandary !!

Having been offered, ( what most of you have been offered...... 65% of the deposit back ), and latterly, a case won against the banks with the generic bank guarantee, we are in somewhat of a dilemma !

Our Spanish lawyer needs us to pay 3500 euros for this new action against the bank.....nothing more.....nothing less.

That's 3000 euros for them, and 500 euros for the procurador ( barrister ? ).

However, we do not have that sort of money, and we're considering a loan.

They are planning to go down the same legal route, as another couple that won their case against the bank, and they believe we will get the same outcome, as this has set a legal precedent !

If you were us.......what would you do ?

SORRY TONY.......PLEASE NO NEGATIVE RESPONSE FROM YOU EITHER OK ?

Barry & Sue

Dear Barry & Sue

Unfortunately there is no easy answer, although we have gone down the legal route of trying to get our money back from the banks, there is no guarantee of success, but equally so I personally don't think you will see any money back from San Jose, as they still seem to be getting nowhere, with either starting the build or gaining finance. So i suppose it depends how much is owed to you by San Jose, against the additional cost of taking legal action.

Is your relationship with this lawyer any good, ie do you trust him, has he had any previous success, but in the end it has to be down to what you feel comfortable with.

Kind Regards

Mark

We are in the same position and decided we werent going to throw any more hard earned money at this problem unless we are very sure of getting a return on it.   Our Solicitor in Spain is not convinced that there is any merit in taking this action at the moment anyway and has advised us to hold off for now.   We would be interested to know what you decide and how you get on.  Good luck!

Terri

Hi Barry & Sue

I feel sorry for all of us caught up in this fiasco.  We have a spanish lawyer and we were asked for 3400 euros because they thought going the bank route was our best option.  Who knows what the outcome will be.  Its been 5 long years for us.  We won our case against HdT in 2009 and a lawsuit was completed and filed in December 2011.  We have just been told the action is now against 2 financial institutions, one who recieved our deposit and the other who guaranteed it.  It just goes on and on and on.

The whole thing is soul destroying.  At the end of the day the decision has to be yours.  Its extremely hard when you know that the odd one or two are getting deposits back but there are a whole lot more of us that are not.  It feels like we are being drip fed and we have to be really grateful for very small bits of information.

Best of luck with what ever you decide.  Its good to see that this thread is still alive.

Regards Chrissie1

Hello Barry and Sue,

I am assuming you are talking about us when you mention someone winning their case, if I am wrong then I apologise.

We recently won our case against the bank BBVA using law 57/68, non provision of guarantee, using Maria.

Our original spanish solicitor thought we had no chance of winning using this route but Maria though otherwise.

It was a bit of a gamble as we were not guaranteed a win.

We were fortunate enough to be able to afford the additional legal fees and thought it was worth a try and we won our case just before Christmas 2011 and have had our deposit returned, this week we have also received our costs and interest.

From starting the lawsuit to where we received our costs has taken approx 18 months.

The only advice I can give is, if you can afford the extra cost without causing hardship it must be worth trying, however make sure your purchase contract shows the bank account number and bank address where you paid your deposit to and that you paid your deposit directly to the bank without going through a third party, this is what we did,  you will then have used exactly the same path as us.

Maria has told us that anyone who has followed this path will get the same outcome, her exact response was as follows:

Your case is not unique, any purchaser under your same circumstances will receive same answer from Courts.

I hope this helps in your decision and also helps anyone else thinking of trying this path.

Best  Wishes to everyone

Chris & Julie Wakeman

 Hi

"The only advice I can give is, if you can afford the extra cost without causing hardship it must be worth trying, however make sure your purchase contract shows the bank account number and bank address where you paid your deposit to and that you paid your deposit directly to the bank without going through a third party, this is what we did,  you will then have used exactly the same path as us."

We paid our deposits through Amba Sun which is a thrid party so is there anything that we can do to get our money back? Any avice appreciated.

Ian

My wife and I are invlvoved with this Fiasco withn HdT , We changed our Lawyer's to British based Company and Paid £3,750 + VAT over a year ago and still no further forward, Our deposit was paid via Ambasun and our Spanish Solicitors was P.S.I.Consultants.

I hope you have some luck and would be interested in how you get on. I having thrown my Hard earned savings would not spend any more without a reasponble assurance of success

All my Bet Regards,

Melvyn Donaldson.