28 Apr 2009 4:00 PM:
Dear all
Just to clarify our journey so that you can compoare with your own
Purchased June 2004 with a planned completion for 2006of our phase and completion of whole site 2009
Made initial small deposit and then 2 staged deposits ammounting to 40% of the total ,both the staged payments had bank gaurantees .
Once the completion date was passed we wited 6 months and then started to ask the agents one propoerties about recovering our monies but they would not consider this blaming the marbella corruption and town hall elections
We eventually contacted our solicitor and Started proceedings to recover the moneies due to non completion of site in Nov 2007
Both bank and developer refused to accept responsibilty for the delay and so proceeded to take them court ,both CCM and the Developer . -Court case was Nov 2008 and the verdict was for more information to be brought to them and a second date for the case to be heard was planned for march 2009. At this November hearing our solicitor spoke to the CCM solicitor and told them htat they had more cases to be brought against the bank
At the start of this year it became apparent that a few people had recovered their monies without going to court ,both from the same solicitor as we were using . WE were informed that this was because the banks (CCM ) solicitor had advised them to settle out of court to save costs . WE asked to have the same offer .Our solictor was hoping to obtain interest and court costs from the CCm bank as well as our deposit . We really wished to conclude the case as quickly as possible particularly as reports of the developer going bankrupt and the CCm bank being in trouble emerged and agreed that we were happy to receive just our deposit . THis was offered to the bank and they agreed to pay not only our 2 staged deposits but also a portion of the court costs . WE received the cheque from the bank at the end of march and it has just been claered and is now in our english account
I hope this helps
It has been a long drawn out process of 16 months since the start of our court proceedings but well worth the result
KR Caroline and Phil
Community thread:
Nueva Ribera progress
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