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20 Feb 2014 20:38 by bryan777123 Star rating in Bournemouth. 5 forum posts Send private message

Does anyone know how I can contact or join the ACTION GROUP for Casares del Sol


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09 Mar 2014 08:56 by gill_malouf Star rating in Stockport, Cheshire. 202 forum posts Send private message



Quite a few years ago I was contacted by someone claiming to be starting an action group up but it fizzled out...I am now using Maria at Costaluz to reclaim my 30% deposit paid (started this in 2010).

A recent European Court ruling may help us... See Marias Blog legal tip 1115...for some reason I can't cut and paste.

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22 Oct 2016 13:50 by gill_malouf Star rating in Stockport, Cheshire. 202 forum posts Send private message

I have a court date for the bank guarantee claim - in February. I am requested to attend. I wonder if I take my husbands death certificate it would add on the pressure? Will be interesting to see.

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23 Jan 2017 13:38 by gill_malouf Star rating in Stockport, Cheshire. 202 forum posts Send private message

09 Aug 2017 15:52 by gill_malouf Star rating in Stockport, Cheshire. 202 forum posts Send private message

What a shame this action group never materialised! On the 9th of Febuary I this year I had a 'request' to attend the Estepona Court No 3 for what turned out to be a 20 minute hearing.


I discovered that not attending would have been contempt of court - so I would have automatically lost my claim of 69k Euro plus IVA. I paid this offplan deposit, via my then conveyancing solicitors, to Ocean View....which was a Derby based company if anyone cares to check, in September 2004. It is almost 13 yrs from then, and despite the conveyancing solicitor stating (via email) that there was a bank guarantee (I knew about this because Andalucian Dream Homes (estate agents who came to a Manchester property show - and where were Trading Standards???) made a big thing of 'if anything goes wrong you have the bank guarantee' many of us fell for that I wonder??

Anyway, it is 6 months tomorrow that I have waited for some sort of court decision....and as i approach my 61st birthday I realise I have wasted so much of my life fighting to get MY money back from companies that employed unsavoury individuals to defraud consumers. As well as Spain I have lost funds on other things after downsizing. I was widowed in 2010, but just prior to that i had the funds to start litigation for my 30% Casares del Sol deposit....the 'dream' turned sour and in addition to this 'fight' I have one that it seems no Spanish solicitor wants to take on. 


Why, you may ask yourself?? Because it concerns banks, solicitors (Power of Attorneys), estate agents and the fact that no authoritative documentation was asked for. Myself and other purchasers eventually decided the best course of action was to stop paying the expensive monthly mortgage payments and let the flats be repossessed. As things became clearer, we all found out that the Estate Agent was marrying the builders niece - we were all directed to the same solicitor, and the estate agent took me to 2 banks to open accounts. 

At some point I intend to publish each transaction where I lost funds..... people need to know and understand that these things (corruption) were widespread and the pain and heartache many have endured happened to many other individuals. My own experience and journey has been made so much harder because I am alone, with absolutely no support. I have attempted to resolve things by meeting solicitors, hoping they fully comprehend the mess I got myself into because I trusted 'untrustworthy' individuals - who must have laughed their socks of at my stupidity.

I now know that I made a massive error of judgment fighting so hard for my money....Spanish Banks are still playing hard ball - even with widows on little income (ESA and a small widows pension) Shame on the Spanish Banks and legal system for ruining lives.

As a child I loved Spain, those were the Franco years, when things appeared better and Franco introduced laws to protect consumers. Now, it seems, that the Spanish Banks are attempting to deny their role in the Offplan Corruption. In my own case the Bank representatives implied that , as they had purchased the original 'toxic' bank after my contract, they had no knowledge of anything.

If larger company buys a smaller company in the UK (presently in the EU) it not only purchases the assets, but the liabilities too. I am sick and tired of surviving...I have forgotten what it is like to 'live'......perhaps Spain was better under Franco? Who knows. 

My mindset has changed over the past few months...I now believe that I need to find a way to 'live' again without my money from the Spanish Bank. All i can say is that my disappointment is immense.  


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27 Dec 2018 16:10 by gill_malouf Star rating in Stockport, Cheshire. 202 forum posts Send private message

I am providing an update on the offplan deposit I paid in September 2004 for a unit on Casares del Sol. I did not complete because the building standard was clearly not as described in the marketing (verbal and projected photos etc). In 2010 I discovered a solicitor that I put 100% trust in. In 2015 they went to court against the builders, who had already gone into liquidation as far as I know. Then in February 2016 I was summoned to a Court Hearing in Estapona and waited, and waited until earlier this year. I was told I had won my case but the bank may appeal. The bank are appealing on the grounds that they didn't have any contractual obligation because they were not the actual entity who did the general bank guarantee. I always assumed that internationally the premis is that if one company purchases another it not only has the assets transferred, it also has the debts etc. I am a 62 yr old widow who now regrets visiting Spain in 2004 on an inspection trip (my daughter wanted to come but Andalucian Homes said she couldn't..I wonder why???  


One the outcome is known of the appeal, and I am wondering if they will again demand my presence, (If you don't turn up it is classed as contempt of court - and last time it cost me around 400 Euro to attend) I am planning to sue the conveyancing solicitor because they sent me an email confirming that there was a personal bank guarantee (and were extremely arrogant). If anyone else is in a similar position with a Casares deposit refund please contact me at  as I am wanting to take matters further. I know some people who have wriiten deposits of over 100 Euros off because they feel they cannot cope with the waiting and complete disregard for the individual by entities......and of course a lot of money is being made on the back of foreigners misery in Spain.....the money paid out in 2004, even with interest, is not worth the same monetary value as it was, and when this was supposed to be a positive step that went very wrong it is really unfair to make the purchaser suffer.

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26 Nov 2020 18:25 by gill_malouf Star rating in Stockport, Cheshire. 202 forum posts Send private message

So the Ciaxabank Appeal was dismissed in July and I am told that they don't intend taking the matter to the Supreme Court. The Judgment states that interest is payable unitl the pay the offplan deposit back. 


My solicitor says that the refund should take at least 9 months from September. Has anyone else been through this?? And if so when were they paid out...this has taken over 10 yrs to date.....and this is not the end of it.


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05 Jan 2021 10:39 by Damon Star rating. 8 forum posts Send private message

Hi Gill

We executed our bank guarantee back in 2008, it took us around 9 months to get the funds back, plus 4% interest per year. I can't believe it's taken you 10 years! I think we must have been very lucky. I'm really glad you have made, what looks to be, significant progress. The exchange rate should really play in your favour and will give you a nice uplift on the actual monies you paid, plus any % interest that is part of the guarantee of course. We were on the CDSS site but same developer I think - Intrlaken?

What a fight you've put up, very well done and best wishes for getting over the final hurdle.


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04 Apr 2021 20:51 by gill_malouf Star rating in Stockport, Cheshire. 202 forum posts Send private message


I don't suppose you still have a copy of your guarantee do you? In a pdf format??

You were very lucky to have had a guarantee! No one else I know who paid a deposit got one.

Right now I am fuming as my funds were with 'a ' barrister on the 29th December....then on the 10th Feb I was informed that the bankers order was with the court and I have been waiting for a response from my solicitor......but nothing.


I hasten to add that the solicitors have had the bulk of their fees....if you have your guarantee and can send me a copy I would really appreciate it!




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Previous Threads

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