IT'S APPEARS NOT AS STRAIGHT FORWARD AS THEY SAY, EVEN WITH A LEGAL BANK GUARANTEE!!

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23 Mar 2012 4:14 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

mariadecastro´s avatar

Dear Mark:

Thanks for lisiting here our concerns. I am happy to go through each one of them. At the end of the day, that ls my mission: to care for clients and try to provide a close and professional service and attention.

Please kindly accept my points of view below in bold green and accept my hnest try to sympathize:

 

 1/ We were categorically and convincingly notified in writing, not just once, but many times by Steven Schaffer copies to you, but as our regular point of contact, other than yourself that we had won our case against Millenium Insurance/Promaga. The first correspondence was on the 14th Feb 2011, followed by many others with specific detail that could only relate to our case PE 1689/2008.

I have just gone through your case in our database and can see that there was a request from the Courts to Millenium to pay you ( maybe this is what it was notified to you by Steve. Then this was suspended and left without effect by Courts. Case was lost in First Instance and now we are waiting or the Apepal Court decission.   

 
2/This Executive case PE 1689/2008 in the Madrid Court is still displayed today as a won case on your blog on EOS?Maybe we displayed it as a won case when Courts asked Millenium to pay you and have not removed it since then. Anyhow, that list is not displayed on the internet anymore as we have now a new website. 
 
3/ This notification had come only 3 months after a heavy discount was offered to me/us Via your company from Promaga (Nov 2010), that seems to fit with the case won theory as the developer would have known we were close to a result and as you/Steven kept telling us. It maybe but also, Promaga has been offering settlements ( always on the basis of buying properties) to our clients constantly along these years.
 
4/ We were in regular contact with Steven via e-mail with copies to yourself all still very positive, then after me chasing for a regular update (July 2011) 5 months after the initial correspondence?  To be told that this was a mistake and we had just won the right to appeal? Steven unfortunatedly was made redundant in May 2011 together with a couple of other ones. Then a other two ones in November. Since then we have tried to cope with clients care. Of course the level of care suffered with the redundancies. We are constantly working to improve it. Apologies for the gap of time without information. What is clear is that we try to answer every email and that the Cases are well cared of and promoted even if you do not recieve the level of information you would desire.
 
5/ I can't understand how this would take 5 month for such a grave mistake to have come to light, then to be given no real explanation from you as a senior part of a law firm of this calibre who should not make these mistakes in the first place?  I am sure that the whole issue has been due to redundancies, and also becuase your procedure has been quite difficult or different as the Judge asked Millenium for payment and then had this suspended. As we hace agreed by email, you can come over to see the file and I will ve very pleased to explain to you the whole proceeding with its corresponding documents.
 
The phone call you and I had in July/August last year did not answer my question of how could such a grave mistake happen? All correspondence between us since has been me asking questions and you giving very brief answers at best and usually a reply that is only skirting around my questions.
 
I have had enough of this and feel that out of duty you should give me every detail possible because at the moment, If this was a mistake, then your company made it and I need convincing? 
 
The detail we received when were told we had won was so in depth we just cannot believe it was wrong? 
 
So making it very clear to you that if this mistake can or has happened, have further mistakes happened where our monies have been awarded, but we have not seen it? I can also scan and send to you all documents and you can even contact the Courts or information if you think we have your money.
 
I/we honestly fear the case has been won, but my money has not materialised back to me, for whatever reason... And that the delays and skirted around replies I have been receiving from you are just an excuse?
 
Whatever your explanation might now be, we feel very strongly not to have been shown any real sorrow, compassion or given recompense for giving this alleged wrong information!
 
I welcome your answers, but No excuses please…
 
Regards
 
Mark & Denise Barton


_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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23 Mar 2012 6:51 PM by mark barton Star rating. 43 posts Send private message

Suzie,

I know the case won states Feb 2010, but we never looked for it as a won case until Feb 2011 when we were first notified of our success.  So this is why I don't understand why it was ever there as a won case in the first place?

Anyway now that Maria has replied with a few more details, although it still leaves me confused?

Looks like I'll be visiting Spain very soon as I want to put this straight in our minds, one way or another!

P.S. I do have some court doc's in Spanish by the way...

Regards

Mark





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23 Mar 2012 7:01 PM by mark barton Star rating. 43 posts Send private message

Maria,

Thank you for your notes of explanantion. 

I am still very confused how this case is where you say it is and now feel a visit is the only way we will settle all our fears/concerns, so if you give me some dates via e-mail that you cannot do, then my wife and I will make arrangements to come over and sit down with you and if neccesary visit the courts if need be?

I look forward to your dates via e-mail

Regards

Mark





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23 Mar 2012 8:43 PM by Suzie Star rating in England. 121 posts Send private message

 

 Hello Mark, It's still more than confusing.

If, as you've been told, the courts requested Millenium to pay you, this would indicate that you did indeed initially 'win'. But why was the case 'suspended' for so long? I'm wondering if your case has been muddled by the lawyer with another similar case at the same time, and yours has remained in limbo.

Saying that 'the whole issue has been due to redundancies' is absurd, but of course admits liability!

'Winning the right to appeal' is also strange.  In this scenario The Right to Appeal is exactly what is says - your Right, it's not something you have to 'win'.

Most of this confusion can be cleared by seeing the Judgement. Maybe you already have it? Several pages long, it will clarify the dates & the Ruling. It will state the name of the Judge. and also the lawyer representing you (this could possibly be a name you do not recognize). It will also detail how the Judge came to his/her decision. You should not have to travel to Spain to have sight of this.

I don't want to stick my nose in any further but really  wish you all the best. Having to deal with disputes with our own lawyers just adds to the frustrating minefield we're trying to negotiate. I understand how disturbing this can be. All the best, and make sure you get a copy of the Judgement. Then you can make a clearer decision as to what to do next.

 



This message was last edited by Suzie on 23/03/2012.



This message was last edited by Suzie on 23/03/2012.



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23 Mar 2012 10:09 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

mariadecastro´s avatar

Dear Mark:

Yes, a visit and a conferece with the Courts agent who is in charge of your case at the Appeal level will be of great benefit. You will be able to see every step we have made. The Appeal Court is in Madrid.

Please choose the dates at your convinience and let me know in an email. We are, as always, determined to bring your case to the earliest conclusion.

Kindest and have a great weekend,

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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24 Mar 2012 11:52 AM by mark barton Star rating. 43 posts Send private message

Maria,

If we visited on a Friday and returned back to UK on Sunday, would this time period work with you?

Regards

Mark
Timings?



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26 Mar 2012 8:46 PM by mark barton Star rating. 43 posts Send private message

Maria,

Are you there?

Mark





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26 Mar 2012 8:57 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

mariadecastro´s avatar

Dear Mark:

I am concentrated on quarterly updates to all clients so, I would appreciate if you emailed me to my Costaluzlawyers account.

Kindest,

Maria 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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04 Apr 2012 12:10 PM by mark barton Star rating. 43 posts Send private message

Maria,

I have emailed you on 27th March and again this morning, just for the record!

I await your replies...

Mark Barton





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04 Apr 2012 12:25 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

mariadecastro´s avatar

 

Answering now.

Kindest,

Maria

 



This message was last edited by mariadecastro on 04/04/2012.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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04 Apr 2012 3:15 PM by Suzie Star rating in England. 121 posts Send private message

Mark - Are you going to visit the actual court in Madrid?  If so, please be aware that a large majority of court agents are temporary office workers.  They have no personal interest in the cases but are snowed under & reportedly over-worked with multitudes of court documents.  It may be that your current court agent does not speak a word of English, so you will need to be well represented.  I doubt that your lawyer will be doing this in person, unless she will be travelling the appx 600 miles round trip to do so.   It may be you have many other lawyers/procuradores listed on your Power of Attorney, & one of these will help you?  The visit would need to be well planned.

Whatever you do, all the best.  I am amazed at the extraordinary patience you have shown through all this. 





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05 Apr 2012 6:02 PM by mark barton Star rating. 43 posts Send private message

Suzie,

I am waiting for the information first, then make a decision how I am going to play it going forward!

Regards

Mark





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05 Apr 2012 6:12 PM by mark barton Star rating. 43 posts Send private message

Maria,

I have sent you another e-mail!

Regards

Mark





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05 Apr 2012 6:12 PM by mark barton Star rating. 43 posts Send private message

Maria,

I have sent you another e-mail!

Regards

Mark





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06 Apr 2012 10:10 AM by gaula Star rating in marbella and the u.k. 64 posts Send private message

 Doubt  you will get a reply before monday as the holidays in Spain are thursday and friday......





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07 Apr 2012 12:44 PM by mark barton Star rating. 43 posts Send private message

Guala,

I know that, but thanks.  Maria seems to always be connected to EOS, so that is the best medium to keep in contact, that's all!

I am away myself now for a week and wanted her to know what I had sent to her e-mail.

Although will have iPad with me to keep an eye on things from a far...

Regards

Mark


This message was last edited by mark barton on 07/04/2012.



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16 Apr 2012 12:28 PM by mark barton Star rating. 43 posts Send private message

Maria,

I am back from my short break away and still have not received a reply to my e-mail?

Regards

Mark



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18 Apr 2012 11:22 AM by mark barton Star rating. 43 posts Send private message

Dear all,

I thought I would keep everyone updated as I am still struggling to get Factual ANSWERS rather than the ever apparent skirted around replies to my questions on e-mail, so the transparency is also not what it seems?

Mark





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18 Apr 2012 11:36 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

mariadecastro´s avatar

Dearest Mark:

I am sending to you ina minute a full answer ( no skirted around).

Due to time restrictions, we have no alternative but to succint answers and guide the update system for the benefit of all.

Essential information is guaranteed in every case and any ommission communicated to us is duly covered according to the level of answers we can afford at present.

Kindest,

María

 

 

 

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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24 Apr 2012 3:33 PM by Suzie Star rating in England. 121 posts Send private message

Hello Mark,

Are you any further forward in discovering what has happened with your case?

Regards,





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