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15 Aug 2014 8:55 PM by john123 Star rating. 87 forum posts Send private message

Hew1,

thanks for your speedy reply.   i'm getting confused by all this.  i thought the bank appealed at the first hearing and that is why there is a second hearing.  are you saying the bank appeals at both hearings?  when was your first hearing again? [just trying to estimate the length of time between the two hearings].

thanks again, hope you get your money soon like joanniemac.

regards,

john

 




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16 Aug 2014 10:21 AM by joanniemac Star rating. 241 forum posts Send private message

 Hi John,

The bank appealed after our second hearing too. The first hearing gives the bank the opportunity to ask the judge for a

second hearing to cross examine you. It`s all delaying tactics, the bank know they are in the wrong and are doing every thing in their power to wriggle out of returning your deposits! The second hearing was quite daunting, and I did feel quite intimadated by the banks lawyers, however I gritted my teeth and told myself this was my only chance of getting my money back and stick to my guns and the advice my lawyer gave me. We were lucky with the time frame, our first hearing was at the end of September and the judge ordered the second hearing for the 13th of November. It can be anything from 6months to a year for the second hearing to come to court. The bank only appeals once the judge has given his verdict, this is known as the " inform " then they have 20 working days to appeal. Ours dragged on because someone in court was sick and we didn`t get our verdict till April.

Hope this helps

Cheers Joanniemac




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16 Aug 2014 4:23 PM by john123 Star rating. 87 forum posts Send private message

Hi Joanniemac,

many thanks for your very helpful reply.

that helps a lot actually.  kind of what i thought but you've spelt it out clearly enough even for me to get to grips with it.  

maybe i had difficult getting round the idea that the first hearing seems to be for the sole purpose of having a second one!  :) [plus, of course, as you say, gives the bank a bit longer to make more money from ours].  i wish my solicitor could simply arrange with the bank's legal team and the judge to skip the first 'pointless' hearing and go straight to the second as it's a certainty that that is what is going to happen.

guess i'll just have to wait another couple of years perhaps!

thanks again Joanniemac, i'm genuinely happy for you for getting your money back.

best wishes,  John

 

 

 

 


This message was last edited by john123 on 16/08/2014.


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16 Aug 2014 4:38 PM by SandraD70 Star rating. 24 forum posts Send private message

Hi all

and  well done with the refunds we also got our money back in April just gone

but we only got 80% as the rest is been held til the outcome of a Supreme Court decision (god knows when)

did this also apply to you? Apparently the Supreme court must now decide if we get legal fees and interest 

because the banks have appealed this too just like everything else appeal appeal appeal

regards

sandra 

 

 




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17 Aug 2014 10:56 AM by joanniemac Star rating. 241 forum posts Send private message

Hi Sandra,

No, I got my full deposit returned. My lawyer hasn`t mentioned anything regarding waiting on a ruling from the Supreme

court. Don`t know when we will get the interest and costs, I was just glad to get the deposit back, anything else will be a

bonus. Our case was heard in Alicante, where was your case heard?

Cheers Joanniemac




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17 Aug 2014 6:35 PM by SandraD70 Star rating. 24 forum posts Send private message

Hi 

our case was also in Alicante we lost our first hearing but won on appeal 

i was told by another lawyer too that the 20% is standard and alway held back by lawyers until the case is finalised

this money would be used to pay their legal fees if we lose the legal costs 

so that's why I'm a little surprise that you go all your money back

what happens if you lose your legal fees your lawyer might have difficulty claiming you if you've disappeared 

maybe Maria or someone else can clarify these even more inconsistencies from case to case

regards Sandra 

 

 




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17 Aug 2014 9:10 PM by joanniemac Star rating. 241 forum posts Send private message

Hi Sandra,

It seems that there are inconsistencies from case to case. I had to trawl through countless emails and paperwork to find all the amounts I had paid out to HdT, it has been so long,  I could have been wrong about all the funds returned by the court. I would hate to give out wrong information, however on checking I have received the 3000 euros reservation fee, the deposit and also a refund of over a 1000 euros which was a deposit towards central heating. There has been no 20% retention. My lawyer knows I will pay his costs if we lose the claim for interest and costs, we had already discussed his fees had we lost the case, so I know roughly what I need to keep in the piggybank!

Cheers Joanniemac




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20 Aug 2014 9:25 PM by Guadalupe. Lawyer Star rating. 261 forum posts Send private message

EOS Supporter

As there has been an important number of purchasers of Santa Ana del Monte who have been in contact with us since Herrada del Tollo was called for liquidation, Guadalupe is organizing meetings in UK for the first weekend of September (between the 4th to the 8th). Final dates and places will be confirmed depending on the number of people who previously confirm us their interest to attend meetings. So if you are interested in meeting with Guadalupe, please let us know and email us toinfo@gmlegalexperts.com

Finally, we would like to inform you that we have improved our final fees proposal for the new Santa Ana del Montel Class Action. We are sure that you will find our new firm proposal very interesting, and it is much cheaper and fair than standards (even if you have already got a "no win no fee proposal" from other firms), so please do not hesitate to email us to get further information about the class action.

Kind Regards,

Guadalupe Sánchez. Lawyer




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Pages: Previous | 1 | 2 | 3 |
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Previous Threads

Any news ????? - 4 posts
VALENCIA MAGISTRATES' COURT RULES THAT THE RELEASE AND PAYMENT SCHEDULE AGREED ON CREDITORS' AGREEMENT DON'T AFFECT TO BANK GUARANTEE - 0 posts
Action against the BBVA Bank - 28 posts
thank you guadalupe - 2 posts
insolvency - 2 posts
RECOVERED DEPOSITS, INTEREST & COSTS - 2 posts
Any news! - 1 posts
Valencia Court rules that debt release agreed with Herrada del Tollo doesn't affect to bank guarantee - 7 posts
money back - 10 posts
SARC - 0 posts
PURCHASE PROPERTY THROUGH AMBASUN - 6 posts
any news on the santa anna development ? - 34 posts
action against BBVA - 2 posts
More Frustration ! - 1 posts
Bank pays on the basis of a mention to an existing BG in the report of AACC - 0 posts
Copy of a Bank Guarantee for Santa Ana del Monte issued by Banco Pastor successfully enforced - 10 posts
Valencia court ruling: debt release agreed by purchaser with HDT on creditors' agreement doesn't apply to bank guarantee - 4 posts
case won by maria and costaluz lawyers - 35 posts
Legal tip 896. New! Bank condemned to pay by Law 57/68 in Herrada del Tollo case - 2 posts
general bank guarantees refunded to me - 0 posts
San José/Herrada del Tollo - 13 posts
Court case timescales - 1 posts
I recovered my money for deposit paid without individual bank guarantees - 0 posts
nothing new? - 1 posts
transfering to playa golf - 3 posts

48 posts were found:


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