Return of deposit

Hi all , just to let you know we have commenced proceedings via a no win no fee basis , the procedure is quite straight forward the lawyer who I have met is quite confident of eventual success, anybody requiring details pm me and I will send you the info.

Regards

Graham  

hi,don´t want to rain on your parade but we had our day in court yesterday(20 oct)

our solicitor and the banks solicitor could not come to an agreement so we now have to have another date and we will 

have to appear so after ten & a half years we are no further forward at all

so sorry not as straightforward as you may think

Thats not totally bad news Tony as at least they are talking , we have given our Lawyer POA so we wont need to go hopefully, to be honest I think we would take an offer just to get closure/ forget the whole sorry business .

same with us,our solicitor has POA but judge still wants us there and like you we would accept offer to see 

the end to it

Hi, we eventually had our trial on 06th October at Alicante.  It's taken over four years to get to this stage since first meeting with current legal team. We've since had confirmation ( last Friday 14th ) from our Spanish legal team that we have won our case. An incredibly fast decision by the judge who did appear " cheesed off " by the stance taken by the bank. 

And whilst we've not had monies returned to our account yet , we are so happy to have arrived to this point.

It is very frustrating having to go along this path for so long but it's got to be worth it. 

Keep your heads up, and bear with it, you are certain to get your positive result sometime. 

Best of luck.

Well done Broph and your lawyers.  

Did you win costs and interest too. 

Our Lawers had asked at the trial for full refund of deposit paid, plus legal interest ,plus legal costs.

The judge however,  has sentenced the bank to repay our full deposit ,plus legal interest since payment date to developer ( which was April 2006)  but no legal costs ??

Regards

Nice to get information from members.   Has anyone actually got their money back and if so can you recommend lawyers to use.

Did anyone else buy their property from Palmera Properties.

Stafford

Stafford, I've sent you a PM with details of our legal team .

Regards 

Can anyone tell me the name of the bank as we haven't got their name

Banco Pastor was the first bank involved, they got took over by one of the new banks who now have the liabilitys 

Graham 

Hi, Just seen the ''Reclaim in Spain'' Advert on TV and spoke to them, they too seem confident just need to send them some info, no win no fee but 35% if they win, better than nothing.

We also purchased through Palmera Properties.

If you could let me have your lawyer details that would be great

Glynn

Hi Glynn in the first instance you go thro  the lawyers agent Sheldon Grosssmith who examins the case and explains everything for you, if you wish to proceed he then arranges it all with the Spanish law firm who has yet to lose a case  regarding return of deposits. They all speak English and you don't even have to go over they can arrange power of attorney  if you so wish we choose  to go over to see them  , they charge 10% of any reclaimed deposit money and any interest they can reclaim, so in essence you get back 90% of the money you lost. Quite a few from our development are going with them I believe,  the whole case takes around 18 months to 24 months. If you wish send me your email address by text  my phone number is 07929843117 and i will get them to contact you and copy you in on the email. You have to do it this way as this site doesn't let you add email addresses to any posts

Graham   

Glynne if  i was you i would make a few more enquires regarding solicitors ,I think the fees they are quoting seem quite high ?

Glynne,

Don't commit until you have been in touch with other solicitors.  35% of 1000 euros is ok as a fee!   but if you have 20000 plus invested its expensive.

Also 18 to 24 months is optomistic, what about appeals and any 'extras' that come along.

Costaluz and white boas on here seem to be good alternatives, contact them too.

Hi, yes need to shop around and look into fees. some want to charge 15% and want to keep the interst which could be as much as 4% over 10 years (40%) then charge VAT on top of that at 21% !! so 35% doesn't sound that expensive now :)

Just waiting for a couple of no win no fee companies to get back to me, will let you know who we decide to go with

Glynn

Glynne 

the interest is yours not the lawyers mate.  Ask for a fee for the work from a lawyer and consider paying the fee from your own funds.  That's my overall advice.  No win no fee simply means that if they take the case, they are sure they will win.  They won't clog their casebook up with hard cases mate

Is anyone using Maria to claim off Palmera?

Hi, after years of not looking at this website or having anything else to do with the disastrous Amarion iii we've read around and have discovered it may well be possible to claim money back :) I'm glad you're in the process and are looking at a return of some monies.  Looking around we're only seeming to find 35% costs to lawyers; we're looking at Reclaim in Spain and Spanish Legal Reclaims - we've read to be careful on the no win no fee and to make sure they cover appeals and that we don't get stung for that.  To be honest, if it's a return of the deposit I'm 'happy' to pay 35%.  How is everyone getting on?  I definitely wouldn't want to go to Spain so would get a Power of Attorney etc if that stopped us having to be there. Graham, if I may, I may drop you my email address if it's not too late to forward me the information of the people you've been using?  Any other advice would be gratefully received.  Thanks.

Hi, I didnt notice your post earlier.

I would recommend sending a request to Cost Luz to have a look at your case and see what your circumstances are and if they can help.

If they can, I would consider your options in terms of how much capital you have to put into fighting a case and if you can afford to pay in advance, or ask if you may pay in installments if they will consider this in your case, (they may do if its relatively straightforward).  Ask for a quote, although these are not easily understood but may be good reference later on.

I would do that before a no win no fee, because I dont understand how you will get the costs back when your awarded them? 

Hope this helps.