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As many of you (may) know, having won our case against Banco Popular for the return of our €100,000 deposit on the Santa Maria Green Hills development, we then asked our Lawyer to action a case against the Marbella law firm we engaged at the time of our proposed purchase.They asked for and we paid upfront, €7500+, supposedly to pay all fees/costs to completion. The property was not built as the building license was revoked. Jesus Gil issued it!
The Lawyers , who had done diddly squat to that date, kept all of the fees, despite telling us they would refund them, less some costs. :evil They were unbelievably arrogant in the way they treated us. They failed to get us a Bank Guarantee even though they told us we would have one.
We made a complaint against them (in Spanish) to the Collegio de Abogados. They agreed we had a case to have money refunded to us. They called them into a meeting with our Lawyer...they failed to attend. An arbitration meeting was arranged infront of a Judge...again they failed to attend. Our Lawyer then said OK, we sue the company.
We won our first case in December 2008, where the Judge denounced them as failing to act in our interest, especially as we were foreigners, but surprise surprise, they appealed. Our Lawyer embargoed some of their assets.
Today, we received an email from Carlos informing us that the Marbella law firm LOST their appeal !!!!!!! Finally, a Judge has done the right thing and bought justice to the court room.
For my husband & I ,above everything else, it is a moral victory. We cannot thank Carlos enough for having the "cahones" to take on another Lawyer. He is a real star.
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Hi Tish
Now that is what I call good news, I have been following your story here and on SPI, your dogged persistence has won through, well done.
Steve
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Now that's my idea of a professional diligent and tenacious lawyer and just what is needed to fight for justice within the Spanish system.
Bringing the thieving banks and the greedy,arrogant and incompetent lawyers to book was no mean feat and your dogged determination has brought results.
Congratulations to the judges and to you Tricia,and most of all to your star of a lawyer, Carlos.
Some Cojones!!
_______________________
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Congratulations to you and Carlos! Yes... he is a star!
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Thank you for your kind responses. Yes, I was determined to see those bar stewards bought to book. They treated us with utter contempt. I guess they thought we would give up after they twice ignored us. No chance....... I'm a Cancerian!
Maria knows Carlos and she has spoken very highly of him. When we first met him, he told us that these law firms bring shame on his country and his profession. I'm sooo pleased for him too. 
Plenty to celebrate this week-end...my gorgeous grand-daughters first birthday, our win, AND... FABULOUS WEATHER! 
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That's certainly great news!
Are you allowed to name the negligent firm?
My question would be why did you use this firm in the first place - was it the case of an estate agent introduction etc?
Also the fee charged would also appear excessive even if the unit had been build and it had gone to completion etc.
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Nice to see that the Bulldog spirit is still alive and kicking.
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Hi Tish
Can you name the negligent firm?
Regards
Rob
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Tish,
you are an inspiration and I continue to save a little from my pension to try to follow you.
magic news
how do we follow you please?
Regards
Norman
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N. Sands
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Norman
you follow her by having the cojones to put your money where your mouth is
and start your own legal action to recover the losses you are always telling us about.
plenty of people are recovering their deposits.
put up or shut up
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Peteha,
That was a harsh and rude comment you made to Norman especially as he was replying to Tish.
_______________________
 Kathy
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Tish,would you be so kind as to give me the name of your lawyer.Am involved in two devs that have gone belly-up
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An update:
2 days ago we were advised by our Lawyer that Direct Lawyers Marbella have at last paid the money owing to us into the Court. It should have been paid within 10 days of their losing their appeal! We had to wait until September (after the August shut down of the legal offices/courts) before instructing our Lawyer to action the embargoes he had put on their assets. Clearly it was the kick in the butt they needed.!
It beggars belief that this company is continuing to practice, given the contempt they show their own legal system. They obviously think they are above the Laws of Spain.
Many thanks to our Lawyer, Carlos Comitre Couto, for his professionalism and support in bringing about a successful conclusion to our claims of actioning our Bank Guarantee and suing the law firm we used for the purchase process.
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Excellent news and great result.
Firms such as the one you mentioned should be shut down but sadly that does not happen and they will simply advertise a bit more and get a few more clients through the door.
It's also very annoying you have had to play the game to the bitter end even after the black ball had been potted. The colegio de abogados de malaga should have similar powers to the law society of england and wales in dealing with its members ie proper disciplinary hearings and practising certificates revoked.
Enjoy!
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Thanks Faro. This process has taken over 2 and a half years!. The Collegio de Abogados is impotent in cases like this of which there are thousands!
Don't go here:!!! http://www.directlawyers.es/home.htm
Quote from their website
We are proud members of the following legal associations
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ICA Málaga
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Intnl. Bar Association
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Union Intnl. des Avocats
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This message was last edited by Tish on 17/09/2010.
This message was last edited by Tish on 17/09/2010.
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"The colegio de abogados de malaga should have similar powers to the law society of england and wales in dealing with its members ie proper disciplinary hearings and practising certificates revoked."
I couldn't agree more Faro, well said.
Well done Tish, so pleased to hear a positive result.
Did you have to prove in your case that this was the last resort i.e. you'd attempted every other avenue to obtain return of monies to no avail? Did you ever consider taking action against the Bank?
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Ads, this was purely suing the Lawyers for the non-return of monies owed to us.
We paid them c. €7,500 upfront when we engaged them to purchase an apartment . It was the full amount to take us to completion and have the utilities connected. That was their terms. It was never built because the building licence was revoked 4 weeks and 3 days after they signed the purchase contract. (full of illegal clauses) They said we would have a BG, but they failed to get it as the bank would not issue one as they knew there were irregularities with the licence. They eventually issued one 15 months later when the s*** hit the fan after it was clear the apartments would never be built on the upper level of the development., They had already started building on the lower level. The developer had to pay in millions of euros into the bank to cover these apartments.
The judge highly criticised DLM for their lack of professional conduct.
This message was last edited by Tish on 17/09/2010.
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Ads to answer your question:
Did you have to prove in your case that this was the last resort i.e. you'd attempted every other avenue to obtain return of monies to no avail? Did you ever consider taking action against the Bank?
I'm sure our Lawyer was able to demonstrate to the Judge the two other times we tried to resolve this with both the Collegio and Arbitration infront of a Judge. On both occassions the senior partner failed to appear despite being summoned by both respective bodies.
This had nothing to do with the Bank. We have already had our deposit back from them using the BG ....after two Court cases!
This message was last edited by Tish on 17/09/2010.
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Tish - Congratulations!
It is good to hear that, at least, someone is fighting these abuses.
_______________________
Martin de La Herran Sabick
Abogado / Lawyer (reg. 851 Jerez)
www.abolex.es
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