Law firm wins a case

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16 Jan 2015 12:00 AM by Conchi Star rating. 49 posts Send private message

Bank and Developer ordered to repay 600,000 euro to 11 British citizens.

http://www.diariosur.es/marbella-estepona/201501/15/condenan-promotora-entidad-devolver-20150115183311.html





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16 Jan 2015 9:34 PM by windtalker Star rating. 1935 posts Send private message

Has anybody had the money that has been awarded .





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16 Jan 2015 9:34 PM by windtalker Star rating. 1935 posts Send private message

Has anybody had the money that has been awarded .





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17 Jan 2015 2:33 PM by ads Star rating. 4124 posts Send private message

Is this only a first instance judicial ruling and has this been appealed by the Bank, which appears to be a standard practice these days, thus delaying a final ruling?

The time frames associated with these cases are now of major concern and without effective time constraints in place to protect the innocent purchaser to ensure timely due process of law, all purchasers (and their legal counsel) need to bring this to the attention of the European Commission, highlighting that the due process of law is being compromised in Spain. Everyone should be demanding that the EU Commission take all steps to safeguard the rule of law in Spain.

Ten years and beyond (now more commonplace) to gain return of monies, when an existing law WITH INALIENABLE RIGHTS was in place to protect offplan deposits from the outset, is abusive and appears to be a growing problem as more and more lawsuits are submitted into the legal system, especially when Banks non sensical appeals that fail to recognise purchasers' INALIENABLE RIGHTS according to EXISTING LAW are not recognised and challenged by the judiciary from the outset.

Why are all these appeals by the Banks being allowed to proceed, further compromising the justice system in Spain, when there are inalienable rights defined within articles of existing law? Is it that the judiciary are not sufficiently knowledgeable of this law? Or might there be hidden protectionist forces at play here? Let's hope it's not the latter.

 

 

 





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26 Jun 2015 1:52 PM by vindaloo26 Star rating. 37 posts Send private message

appeals are allowed to be heard because its all about who you know and not what you know.  It looks as if it is deliberatey done so people will get fed up, die or give up.





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26 Jun 2015 3:05 PM by ads Star rating. 4124 posts Send private message

All the more reason to have these instances monitored, recorded, and reported to identify the Bank, the court and the region in Spain wherever Bank/Insurer appeals are submitted and the eventual outcome.

In the name of transparency where are these statistics held within the current Spanish justice system and are they recorded within the court system by any connecting identifiable reference so as to follow through from beginning to end of legal action? Can references of appeals by Bank and region be easily analysed?

 


This message was last edited by ads on 26/06/2015.



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04 Jul 2015 12:04 PM by Poedoe Star rating in Berkshire, England. 83 posts Send private message

What use is it to make a headline when NO ONE has won a case to do with the problems we all seem to have when and after purchasing a property in Spain, The ninth year and still no answers to the promlems our complex has suffered after the Builder ceased to trade under the umbrella we purchased from, yet he is still building homes in the same Alicante area.   40  + apartments, 11 non Nationals purchased in 2007. Sadly 5 of the original purchasers have sold on even though we do not have the Habitation certificate. 2 Administrators & 4 Presidents.

The Current Administrastor has not produced the minutes for the EGM Meeting which took place in January 2015 despite being asked several times for a copy. We therefore have no Date for the next meeting, I so wish I had not wasted my hard earned savings in 2007 and purchased in Spain. It is just a money pit.

Beware anyone looking for property in Spain. it seems none of the legals, Notary, Government  or agents tell the truth. I dont want to sell what we have dreamed of and loose 3/4 of my savings, for our retirement. Ask your lawyer all the questions and they lied, Don't part with your money if the Lawyer looks to be ignoring the questions you ask. We did 6 years of research prior to our purchase and have still been caught. Beware of the Sales talk littered with lies.

 

 



_______________________
Poedoe



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04 Jul 2015 1:09 PM by vindaloo26 Star rating. 37 posts Send private message

I have wasted my hard earned money and struggles to survive in the UK, wished I never bought an off plan which I m currently using a lawyer for the past 5 years to get my money back. I know some may disagree with me but give me British law anytime as its much faster. Unfortunately no matter which country you are living in, some one is out there to screw you over.



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