Successful recovery of deposits continue at Medina Elvira

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30 Jan 2016 10:27 AM by hosilverlining Star rating in Property owner in Gr.... 173 forum posts Send private message

While those of us who completed on properties at Medina Elvira have to wait for the outcome of the criminal trials regarding the licences of occupation, it is clear to anyone that the developments were never properly completed. To date the water works are still not finished and there is no legal water supply.

People who placed deposits on properties and never completed are continuing to successfully recover deposits including on Fairways, Medina Elvira 23 (which both also have owners of apartments waiting for the criminal case to finish) and Medina Golf. I know that in the past deposits have been recovered on Granada Green (never built) and Tee 17 (never finished).  There are cases currently ongoing which I expect will be successful.

I would be interested to hear from

  • Anyone who purchased on Lagos de Medina, where we know there are owners but have not been able to made contact
  • Anyone who has had success in reclaiming their deposit
  • Anyone who has not yet engaged a lawyer regarding deposits on any of the properties named above, or others including Medina Suites or any of the other developments at Medina Elvira.

I know of two lawyers who have an excellent success record in deposit recovery at Medina Elvira.  Bear in mind the following:

  • If you are not aware, the Supreme Court has made very useful rulings which make it easier to recover deposits, and there is a 15 year statute of limitations so you  have plenty of time.
  • If any lawyer has previously told you that your bank or insurance guarantee has expired this was bad information.  In law, the guarantee only expires when the property is completed. 
  • If you were told that you cannot claim anything because there was no bank or insurance guarantee, this was also bad information as ultimately the bank who held your deposit is responsible in law.

If anyone completed on a property and has not yet sought legal advice, please also get in touch as I may be able to help.

Regards

 

 




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26 May 2016 6:23 PM by Steve1973 Star rating. 1 forum posts Send private message

Hi,

We paid a deposit on Medina Elvira Fairways, but haven't been successful in getting back as our lawyer was no help.

Any advice on how to proceed? or recommendation as to a good lawyer to contact?

Steve




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26 May 2016 10:00 PM by hosilverlining Star rating in Property owner in Gr.... 173 forum posts Send private message

Will send you a pm Steve.

 




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14 Jun 2016 6:57 AM by deepriver2 Star rating. 6 forum posts Send private message

Hi Silver

outside info - I used to post on this site during our purchase and the construction and the rest of it - so I have a lot of history with ME23

We are about to embark on our second round of legal action as purchasers on Medina 23

We started the legal process back in 2008 and sued for default and cancellation of the purchase contract for non delivery of the property in the contract time line - Peninsula counter claimed for full payment - the judge in Marbella rejected Peninsulas claim and we were awarded full costs and deposit return + interest in 2013

obviously seen any of that money yet 

we were not provided with the original deposit insurance certificates at the time of purchase so we are now preparing to sue the developers bank by taking further legal advice based on the recent Spanish Legal rulings

will keep you updated

rgds

Deep

 

 




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14 Jun 2016 8:52 AM by hosilverlining Star rating in Property owner in Gr.... 173 forum posts Send private message

Hi Deepriver

I would be very interested to talk to you. I'm really busy today but will send you a pm as soon as I can.

 




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16 Jun 2016 1:38 PM by hosilverlining Star rating in Property owner in Gr.... 173 forum posts Send private message

Unable to send you a private message Deepriver2, it's saying you have an invalid email address?  Are you able to send a message to me?




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Previous Threads

Granada Green - successful case for return of deposits - 0 posts
Sign this Petition asking for compensation for buyers who bought in good faith - 0 posts
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Has anyone succeeded in recovering a deposit without bank guarantee or insurance policy? - 0 posts
Current situation at Medina Elvira - 3 posts
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