08 Jul 2022 12:55 AM:

Hi Ads

As Maria said, I think it was because our original lawyer paid half of the deposit to one bank and then we paid the other half in promissiary notes to another bank.  We were going to have a subrogated mortgage from the developers bank loan, so they definately knew we where buying a property.  We weren't given a bankers guarantee either.  Its all been a bit of a farce really.  There is also a criminal case against the developer, which has been ongoing for 12 years.  The court in Granada didnt even know one of the developer's had passed away, so had to adjourn the case two years ago.  I dont hold any hope for that case either.

I don't hold any hope for the money paid by the original lawyer, but surely the money paid by me in promissiory notes should be paid back.  I will see what my lawyer says about an appeal.  

Thanks

Thread: Bank´s liability on custody of off plan funds

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06 Jul 2022 2:27 PM:

Hi Maria

Did you get anywhere with the appeals in Europe?  We've just lost our case because "the payments were not sufficiently accredited due to the existence of an intermediary".  Our solicitor is looking to see if there are any possibilities of an appeal.

Thanks

Thread: Bank´s liability on custody of off plan funds

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22 Apr 2019 10:37 PM:

Hi All

We lost our deposit on an apartment 10 years ago and our lawyer denounced the builder.  Since then, there is a crown criminal case against the builder for fraud and we and some other buyers are part of this case.  The case starts next month and as well as our lawyers fee, we have now been told we have to pay a court solicitors fee (Procurador).  We have decided that we cant afford all these fees and any other fees such as an the appeal.  Also we don't believe we would get any money back even if the builder was found guilty. Our lawyer said she wouldnt charge us anymore fees if she stopped representing us, but cant be sure about the procurador.  Can we just renounce on the court case and waiver any claim we have from the builder? 

Any advice would be much appreciated.

Thanks

Steve

Thread: Court Advice

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17 Oct 2017 12:01 AM:

Hi Duncan

Luckily they haven't asked for any money at all.  I had to pay to get the power of attorney sorted with a local solicitor.  They will charge me 30% of anything recovered and hopefully there should be currently 10 years of interest.

The other solicitors who are doing the criminal case charged me 2k 7 years ago and 1k at the end of the trial, but I won't hold my breath on that one.

Thread: Pre-court proceedings

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15 Oct 2017 11:46 PM:

Thanks for your advice and support.  Hopefully it is a good thing, as Brian stated.  I tried to Google it, but couldnt find any meaningful information.  There is also a 7 year ongoing criminal case against the developer for fraud.  I've not heard anything from our lawyer in years and I have given up on that one.  We probably wouldnt get anything back from it anyway. 

Thread: Pre-court proceedings

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