Being cross examined by the Court?????

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30 Jun 2013 12:15 by slgranger Star rating. 17 forum posts Send private message

Recently our case was in court which apparently had a successful outcome? Don't know how as we started our case against the bank in March to be told that the general outcome would be within 6 months. Our case went to court at the end of June this year, we were not financially able to attend. We have now been informed that we MUST attend court in APRIL 2014 to be 'cross examined' - What is all that about???? They have had our money for about 10 years and they want to cross examine us!! If any one else has had to do this I would be interested to hear their story or if any other legal representative can give any information about what this involves I would be very grateful. Thanks




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07 Apr 2014 14:07 by irene1 Star rating in Bonnie Ayrshire. 19 forum posts Send private message

Hi I have just read your posting about being cross examined in court. We are in the same position as yourself. We had our case heard last nov 2013 to be told that we needed to attend in person to be cross examined in May 2014. I like you don't know how this works just hoping to get our money back. Hope you are successful and if you can I would appreciate hearing how it worked. Best wishes Irene

 



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08 Apr 2014 16:46 by joanniemac Star rating. 241 forum posts Send private message

Hi, we were in court at the end of Sept 13, the bank asked the court for another hearing so they could cross exam.

We were summoned back in Nov 13, it`s a delaying tactic by the bank. The bank are up to all sorts of tricks, stating they weren`t present when we signed the contract, the generic guarantee doesn`t count because we cancelled the contract, why did we take this long to sue the bank, and why we voted no to the creditors deal to get 65% back. We are still awaiting the judges decision some 5 months down the line. Hope this helps.

Cheers Joanniemac




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09 Apr 2014 10:02 by roastbeef Star rating in Northeast of England. 22 forum posts Send private message

Hi , we have now been waiting 2 months for the Jude's decision , and I thought that was a life time!!!!!! 5 MONTHS!!! Is there a maximum time scale that the judge has, does anyone know?

Thanks Diane and Keith


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09 Apr 2014 11:30 by irene1 Star rating in Bonnie Ayrshire. 19 forum posts Send private message

It would be really useful if any readers out there who have had their money back could explain how they managed to achieve this. All I feel is stress it's so upsetting to think that they may not pay back my money. kind regards Irene



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11 Apr 2014 11:17 by joanniemac Star rating. 241 forum posts Send private message

Hi, Just to update,case won! Should have money back shortly, will let you all know.

Cheers Joanniemac

 


This message was last edited by joanniemac on 11/04/2014.


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20 May 2014 20:11 by trowell1 Star rating. 150 forum posts Send private message

Hi
We have won our case against the banks
Aside from banks appealing its looks like we can claim our initial deposit back within a month
I spoke to gm legal today and although some of our group didn't win , it sounds positive when our group appeal.
It maybe that the banks appeal, but as Maria Castro said , banks are now paying up in the initial proceedings, which can can only be good for all.
It's great news for for all of us , whether in court now or thinking of it in the future.
SARC, please listen , it's time to go for the banks

Cheers


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06 Jun 2014 11:40 by Paul_Armstrong Star rating in UK. 31 forum posts Send private message

Paul_Armstrong´s avatar

Hi folks,

I work for Alonso Haro Solicitors/Carlos Meoro Agogados.

We have quite a few San Jose clients that we have recovered money for. We have one of the best barristers in Murcia on our team and have had great success in recovering bank guaranteed deposits, even when the client has lost the original bank guarantee. We don't charge any up front fee for our services.

Please PM me if you want any further information.

Paul



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04 Jul 2014 09:12 by redman Star rating. 235 forum posts Send private message

I thought this thread was more appropriate for my comment.

Thought I'd add my experience from yesterday as I've just returned from court in Alicante.  Not a good one I have to say and dreading the next few days/weeks.

What was meant to be a simple task of answering simple questions like how many properties I purchased, it was an interigation by two banks, one credit union (insurance company) trying to dig their way out of a big hole.  The main topic was how could we prove that Ambasun paid which bank.  The fact the BBVA were on the contract didn't seem to mean anything.  They even brought in witnesses from the banks to ask them if they were aware of our payments.  Like they're going to put our name on any funds they receive in the bank.

The other theme was why did it take so long to make a claim against the bank, even though throughout this process we have had representation from 2008, resolved contract in 2010 and took this action in 2013, mainly as we weren't aware of the option prior.  I did mention the slowness of the system didn't help.

Anyhow, we await judgement, but didn't feel like a winning experience. Dreading the next few weeks.

Also, even before we entered the courts we were told that the banks will appeal regardless of anything, and assuming you win the first stage, the first appeal will take 12 months, to which they will also appeal it will then go to the Supreme court in Madrid where all these cases will be given a big 'yes' or 'no', but said it could take many years longer.

Yours 'sick of the whole thing'

Redman




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04 Jul 2014 14:49 by joyjo Star rating. 116 forum posts Send private message

Just had a court update from our lawyer yesterday.  It seems HDT want an extension to paying out the first 10%, which should be 24th July.  The court didn't give him the extension, so if he doesn't pay the money this month, we will go for liquidation of the company.  This should have been done 6 yrs ago!!!

This seems to be neverending and no doubt cost us more money which we dont have.

We have never been asked to attend court.  Do u all have the same lawyers?

Joyjo (scotland)




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05 Jul 2014 09:45 by joanniemac Star rating. 241 forum posts Send private message

Hi, If HDT have asked for an extension the games up. They were never going to honour the agreement. In Murcia Today it was reported that Jumilla council have ordered HDT to demolish the site in the next six months. As they were hoping to sell properties there and pay back deposits that's not going to happen. People have been strung along for years with false promises of refunds and that their properties would be built. Best thing is for this company to be put into liquidation.

The only thing left is for people to sue the banks for a return of deposit under ley 57/68.

Cheers Joanniemac




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05 Jul 2014 20:31 by trowell1 Star rating. 150 forum posts Send private message

hi guys

hdt is never gonna happen

the sooner you use the only law that spain has, then u have a chance

 

tell tony he's wrong

 

seriously




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06 Jul 2014 14:26 by joyjo Star rating. 116 forum posts Send private message

Are u talking about law 58/67?  Who is tony?




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07 Jul 2014 16:18 by joanniemac Star rating. 241 forum posts Send private message

Hi ,Yeah i was talking about law 57/68. Its your only hope of getting your money back. Tony ran SARC which was the Santa Ana residents committee which was liasing with HDT, they have obviously been led up the garden path with regards to completing the site. It`s been lies from start to finish with HDT, Get your money back through the courts if you can, waiting for HDT to honour anything will seriously damage  your health and wealth!

Cheers Joanniemac




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07 Jul 2014 18:27 by joyjo Star rating. 116 forum posts Send private message

Thanks for that!  We'll have to do something.




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06 Dec 2016 15:32 by irene1 Star rating in Bonnie Ayrshire. 19 forum posts Send private message

Hi all thought I would update you that we received our initial deposit back, we are now awaiting the Supreme Court judgement on the interest/ costs. The lawyer we used was Martin de la herran abolex who secured our refund. Does anyone know what the rate of interest being repaid is roughly, I had thought it was 6% but my hubby has said it's not.   I hope if there are any of you still to be refunded that it happens soon.

 Regards Irene



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06 Dec 2016 16:29 by arlene2804 Star rating. 126 forum posts Send private message

Hi Irene,

Congratulations on  getting your money back, our contract states interest at 6% but like all things in Spain means nothing. As far as I understand it the judge can award interest at a lesser amount have heard figures of 4 to 5%.

Obviously when contracts drawn up Herrado del Tollo  could afford to be generous as  I don't believe they ever thought  anyone would ever get their money back let alone interest. 

 

 

 

 

 




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09 Dec 2016 09:37 by briando55 Star rating in Yorkshire. 2004 forum posts Send private message

I do hear of interest being calculated at 4% also.   Perhaps the courts have a discretion of a certain amount to allow?

i suppose most important though is how many peoples have heard of interest being returned to purchasers?...

i get the impression this is another stored up fee making process which will hit us in a year or twos time.....

'are you owed interest from Spanish property, we can nelp'.    Ha.  Hope not but it does make me wonder, someone in the backdrop is clapping hands for more grubby misery money. 



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09 Dec 2016 13:34 by irene1 Star rating in Bonnie Ayrshire. 19 forum posts Send private message

Thanks for info folks, we will just need to wait and see outcome for the lost interest/ costs. Thankfully we paid a reasonable fee upfront to our lawyer so far we have not incurred any additional fees and we have had a full refund for the amount we paid initially to the developer. 

Regards Irene



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10 Dec 2016 09:05 by briando55 Star rating in Yorkshire. 2004 forum posts Send private message

Really glad for you Irene.  

How long did it take to get the deposit back after the court case final trial please?



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