Case Won Against BBVA

Hi Everyone,

My solicitors informed me last night that my case has been won.  The judge ruled the bank, BBVA, must repay my deposit, plus interest and legal expenses.  The bank have 20 working days to appeal, and we expect they will.  My solicitors will take steps to have the monies repaid as soon as we know if the bank appeal or not.  Either way, we have to wait until the 20 days is up before we can enforce the judgement and demand our monies back.  If they appeal, we demand the monies back but I would have to pay it back [or some of it] if they win the appeal. If they lose the appeal [which we expect will happen] I keep it, of course.

I would really like to thank both Antonio Guillen, at DWF in Manchester and Emilio Lucas, at LucasAsociados for getting this great result for me.  I would highly recommend them to anyone needing a friendly, accessible, experienced lawyer who know how to get the right result.  I first instructed Antonio to take action against the bank in December 2013.  The first court case was in late November or early December 2014 where the judge decided that there was a case to be heard.  The case was then heard on 28 May 2015 and I received the result yesterday.  So it was sorted pretty quickly in my opinion.  

Like many have said on here before,  you should take action against the bank to get your money back. That's just my opinion and experience. Getting a good legal team, one who can be trusted and who has plenty of experience in this particular situation, is paramount.   Seems to be the only way to go.  Please feel free to get in touch if you have any questions and I'll try my best to answer them for you.  Many past and present member of the Eye on Spain forum gave me all the help, advice and encouragement I needed to get to this stage in the process.  It was in fact someone on here who recommended Antonio to me a few years ago. Many thanks, whoever you are.

All the very best of luck,

John

That's great news to hear your long and uncertain wait has come to a successful conclusion. it's yet another example of the positive actions taken using the right people to get what is yours. 

We await our turn in court in July.

regards

Ken

Congratulations John 123 I am delighted for you.

Congratulations John, 

Great result, I've got the same legal team so very promising!

Thank you for letting everyone know.

Mark &Paula

Thanks for this information, thats great news.

We have used Costaluz lawyers and have similar praise for them, although I sometimes give them a hard time because I get frustrated about the time it takes (but they are patient with me also!), I feel it's not their fault anyway.

My case is in the first instance court now, it's good to have an idea of the timeframe from your case, thanks.

Thaks for your kind words, john123.

For us it's really a pleasure to help our clients to get their money back. Helping our clients to defend their rights is what keeps us into advocacy.

We feel really proud when clients feel themselves satisfied with our work. This is the best prize for our team.

We are confident the appeal court will confirm the judgement in your favour.

Kind regards

Hi Everyone,

thanks for your thanks!  good luck with your cases.  i'll let you know what happens re the appeal and if anything else happens.

vindaloo.  who is  your legal representative?  5 years seems like a long time [compared to my case]. i've read other posts on here over the years where people have had serious problems with their solicitors eg lost papers.  have your solicitors kept you in the picture? what have they done so far?   there might be no problem with their handling of your case....... but then again!  i hope things work out for you.

this forum has helped me enormously over the years and i will continue to keep you updated with my case as i know how much it helps.  it would be nice and beneficial if everyone who has been through this legal process would spare a few minutes to tell everyone about their experience, even if you just list the appropriate timeline and results.  this would surely give hope [if you won your case, that is] to the many people still suffering in this matter.

all the best,

John

Hi John

How did your case turn out in the end?  We have a 

June date for this year!

I would also like to thank Emilio Lucas for winning our case along with Antonio Guillan. It has been a long road but they have both done an excellent job in standing up for us against BBVA. Despite the bank now appealing I have every faith in Mr Lucas and his team.

Mark

Hi vindaloo

I changed to new solicitors in november 2014 because my previous one(since 2008) wasn't going the route of the present ones ie sueing the banks. I had an initial court date last year and our main court date is in may this year.

Hopefully, things will work out like so many of the lucky people on this site.  Even receiving the deposit back would be great after so many years. Maybe u should make the change too!!

Joyjo

We would like to thank Emilio Lucas along with Antonio Guillen formerly of DWF now Gunnercooke for winning our case in Almeria Court.  The Judge has awarded our deposit back plus legal interest from the day we put our deposit down plus legal costs.  This is a superb result.  The Bank has 20 working days to appeal which they probably will even although they never turned up at the Hearing to defend the action.   

Charlie and Margaret

Hi Margaret and Charlie

Congratulations on your outcome, getting interest from day one is fantastic.

We're from Scotland too and we are just waiting to hear whether we will need to appear in court in Alicante in May.

Hope our caee goes as well as yours.

Well done

Joyjo

Congratulations to Charlie and Margaret for the outcome of your court case !

We won our case in the Alicante Court, ( through our Spanish Lawyer, Martin De La Herran of Abolex Abogados ), on the 5th November 2014, and received our deposit back on the 27th April 2015, ( bank appealed of course ! ).

It's been interesting to see so many other successful cases, but, variations of results with regards to interest and costs payments ?

We were informed that we would not get any interest back until the appeals process has been finalised, but, we're still "in the dark" as to how much to expect back in interest ?

Has anyone had their interest payment back, and what % rate of interest was applied, and from what date ?

Good luck to those who have cases pending !!

Barry & Sue

Hi Barry and Sue In our case the Bank did not turn up to defend the action so my Solicitor Emilio Lucas had 10 working days to submit our pleadings to the Court.   After this time a month later the Court gave it's decision and we were awarded deposit returned, interest at 6% per annum and interest paid back from the day we put down our deposit, also we were awarded legal costs, we know this because we received a transcript of the Court Judgement from our Solicitor 2 weeks after the Court decision which you should enquire to your Solicitor about and get a copy.

Charlie and Margaret

Thank you to everyone for sharing their information. It is very helpful and encouraging. We cannot believe how much every case is different, the timing, the verdicts, then the outcomes the appeals etc etc. No two cases seem the same. Our Court case is set for April and we just don't know what to expect, but hearing all your comments has encouraged us. It is so good to hear all this feedback. Let's hope this continues and many more join in with their experiences and outcomes. R and G

Hi Barry & Sue,

like you we where Also at Alicante in December, we also used Emilio Lucas & Antonio Guillen whom I Cannot thank enough. The judge awarded us the full deposit and like Charlie 6% interest from when we paid the deposit, initially it was only from when we took out the action but Emilio challenged this and we got the full time period. However we did not get costs awarded at Alicante.

the Bank have appealed ( they have 20 days from the judgement) which is the norm I understand. We are currently waiting for the enforcement which is basically that you get the monies prior to the appeal but at least it is in your account and not theirs! I believe that at the appeal hearing Emilio can ask for full costs  again.

mark & Paula

Emilio Lucas represented me at my appeal hearing against BBVA on 26 January 2016.  I didn't have to attend.  We had won refund of deposit, interest and costs at the first hearing last May.  I will let you all know of the outcome as soon as Emilio informs me. Regards and good luck.

Did he indicate how long a decision takes from an appeal hearing for you?

Brian,  thought it might be 20 days.  i have no other info.