Case won Alicante

Dear All,

            Just an update on how things are playing out at the moment for us.

 Our second hearing against the bank was in early December at Alicante, we found out after only 3 days that the judge had ruled in our favour. Brilliant news that we are getting our full deposit back but disappointing that we haven't been awarded costs and the interest is from when we started the proceedings NOT from when we paid the deposit. A difference of about 7 years in our case. 

We should just about come out with our full deposit I am told after costs etc.

we do have the option to appeal but do not think we have the appetite for another 2 year epic.

we are really happy we won the case but it does seem that unlike in the UK ( I do have experience of UK courts) that Spanish judges can ignore stated cases or rulings made elsewhere, and I am at a total loss in the reasoning on 1. Not issuing costs and 2. Awarding interest from when the proceedings started - if we win the case in my eyes the bank are at fault and have the responsibility for all costs and losses.

It does appear that judges act independently and you are in the luck of the draw on the day- another reason for probably not appealing is that I do not trust the system and who is to say things will not alter in 2 years, I prefer to have the money in my account now.

mark

Congratulations . Sounds a great start for 2016 and you must be so relieved after such a long and sometimes uncertain legal process. Another barmy legal decision concerning awarding of cost and interest but at least you have gained a positive outcome albeit at some financial cost to you. 

Our saga began in 2006 when we paid our off plan deposit for Jumilla Golf Resort at Santa Anna.

We are waiting our turn at Alicante court, we do not have a date yet. But hearing successful results like yours does give us the resolve to carry on.

Best Wishes

Congratulations Mark, at least you have your deposit back, but I understand how you feel, we too put our deposit on in 2006. It us so difficult, no one seems to understand fully what we have been through in the last ten years. How many holidays we have lost,  how much stress we have suffered, how we have aged going through the process and the worry. Our case comes up in April against the Bank, we have already gone through all the upset of taking the developer to court. We won this, deposit, plus interests, plus costs.  They refused to pay, so back to court to seize assets, this was agreed by the Courts, but before our solicitors could get any  money back the developers went bankrupt, so here we are again.  I know there's no guarantee on even winning  these cases but something should be done to make them consistant, Ley 57/68 should lay down the responsibilities of the Banks, and interpret what should be the outcome in facts and figures to discourage the banks from these lengthy Court cases. The Law should now be recognised by the Banks and they should finally take on the moral responsibility and repay their clients their deposit plus interest without the fiasco of long, costly, drawn out Court cases and prolonged appeals.  Good luck for your future.

R and G

We are still waiting to hear if the bank have appealed , if they do then the decision is taken out of our hands and we will go for the full interest etc. From what I understand the bank has to give notice of intention to appeal in five days and then the judge allows a further 20 days to lodge the appeal.

we will wait and see what the bank does next!

mark

Dear Jenno 1739 First of all I wish you a Happy New Year and congratulate you on winning your deposit back.   I notice you are considering taking your deposit plus some interest and pay your own costs and you are considering not appealing against this.  I don't think the Bank will appeal this because this is what they are after.

As far as your deposit goes plus your 3 years interest this should be in your Bank account even if you appeal. It seems to me if the Courts want to get rid of the jam what they will do under strict Supreme Court Rulings is pay the deposit back which they have to and they should pay full interest from the day you put down your deposit.   Obviously if the Judge made a ruling to refund the deposit back plus interest from the day the deposit was put in the Bank plus full legal costs the Courts know the Bank will definitely appeal this (100%). but hoping that victims who have had 10 years of worry and stress will take this money to get on with their life.  Can understand your predicament but don't let them get away with this.  My court case is up in a couple of weeks time and if I have the same situation I will definitely be appealing, if I am not awarded full interest and costs. It seems to me the Courts are leaning towards the Banks they know they have to pay the deposit back under the law as directed by the SC.  As there is a direction from the SC to pay the legal interest from the day the deposit was put down but a grey area on costs

So until the SC can get its act together we are all in a big grey area regarding costs.

Charlie

Charlie,

we are still waiting to hear from the court if the bank have appealed as they have been doing regardless on most cases. Once we know the outcome I am to discuss with the barrister.

mark