Return of deposit

Hi Misty, had you any luck with return of deposit, am thinking of trying again, would like to know if anyone had success before I try. Best wishes Craggs 

Hi Craggs in court again towards end of July, we have had 2 hearings and satisfied all issues the bank has brought up so hoping for some good news or at least closure then.

Thanks for that wishing you well.if possible send me your solicitors name Best wishes 

This thread   http://Two Recently Won Cases against banks at the Supreme Court by CostaLuz Lawyers and DeCastro teams and recent ongoing queries might prove of relevance to highlight some ongoing concerns with regard to generic BG claims.

A good lawyer should be advising you of these outstanding SC inconsistencies even though it has not yet been classed as SC doctrine, (as there are other supportive previous SC rulings in existence that can be cross referenced).....however this only goes to demonstrate my concerns re the need to gain swift consistency and full clarification from the SC which hopefully will prove supportive to those currently fighting for their inalienable rights in this regard.

We went with Spanish reclaims over a year ago went through courts precedure and then got told by Spanish reclaims they couldn't proceed any further as they didn't find out who the bank was does anyone know the bank that was used to fund the build. 

I think the Bank was Banco Pastor and I think they have now been taken over by Santander ??

We are still waiting for a responce from the Town Hall for them to confirm that the property is not habitable ! I've sent photo's but not enought apparently. If anyone has anything from the town hall let me know, been chasing them for over 12 months now but apparently this is ''quite normal''

Glynn 

So another year down the Line, ''Reclaim in Spain'' have been working on our case for a few years now and we have just been told that they are now not going to proceed with our case as they can't find out where the money has gone and to which bank it has gone to. So much for the Bank Guarantee. All sonds a bit corrupt to me, who's to say that they haven't took the bank to court and kept our money, we'll never know  too late to claim with anyone else now so thats the end of it for us by the looks of it 

Glynn

Glynn,

Just wondering how many years exactly have you been kept waiting for this feedback? Have you never been provided with details of your case ever being submitted into the Spanish court process? Have you ever been requested to provide detailed evidence of transfer of funds to your original conveyancing lawyer? Were you ever provided with a purchase contract that linked your deposit to your developer and was this ever requested by this firm representing your bank claim? 

Was it never explained to you from the outset that taking action against the Bank(s) is dependent upon essential proof from the original conveyancing law firm of where your monies were sent? To your knowledge did this company ever request that the Bar Association assist in this regard to ensure that the original conveyancing law firm provide this essential evidence if they were reticent to do so from the outset of your potential claim?

It would seem extraordinary if none of the above was ever brought to your attention. 

If your claim however has been brought to the court at some point but it has subsequently failed to achieve a successful outcome, then it would make sense to seek a second opinion ( from an experienced and trusted legal source well versed in Bank claims of this nature)  in case you do not fall outside the limit of 15 years and still might retain the option to proceed with an appeal claim. Surely there will be evidence of your claim coming to court that any subsequent legal firm representing your best interests (2nd legal opinion)  could apply for?

But this would presumably be reliant on you providing as much evidence of your deposit being made to your original conveyancing lawyer and any contract detail  made available to you at that time. Who knows there may even be a route to ensure that this information is made available from your original conveyancing law firm via the Bar Association route as identified above via seeking a second experienced legal opinion?

Good luck.

Hi all,just recevied the rest of our money from GM Legal from our claim,we got full deposit back and all legal costs,

A big thank you to Guadalupe and her team,never thought we would see any of it again.we can now put this all behind us.

Good luck to everybody who is waiting.

We won full return of our deposit & interest in November unfortunately,the bank has appealed but hopefully that is just a delaying tactic. We are at the 3 year mark at the moment but some of that time was delays due to Covid.

Hi Gainsborough & Tommy 2

Our Lawyer told us they couldn't trace our money so didn't know which bank to go after so they dropped our case after 3 Years ! 

as far as I'm aware our claim is logged so might be able to persue it ? do either of you have any info you could share or let me have details of your Lawyers so I can approach them ? 

Many thanks, Glynn

Gainsborough

Have you requested the detail relating to the  Bank appeal to check on what grounds they are appealing?

The reason I state this is to get your law firm to check if the Bank appeal is based upon any new case law which may disadvantage you in any way, since the Supreme Court issued a ruling in the interim that was challenging the essence of law 57/68 I think with regard to generic Bank Guarantees. Maria de Castro forewarned about this SC ruling but what has happened in the interim to overrule such a questionable ruling ( which appeared unduly protective of the Bank)  needs to be investigated, exposed and reported back. Has this SC ruling subsequently been overridden?

You need to check if this is relevant to your case or not, and any good law firm should advise of any continuing actions and legal arguments required on their part to counter any such Bank appeal, to maximise your chance of success.

They are called Off - Plan Property Depost Refunds & his name is Sheldon Grossmith. The solicitors he uses have been great throughout and have kept in touch at every twist & turn

Still waiting for the appeal case to be heard , we have  been waiting over a year now from when we won the case :(

Graham 

Yes the solicitors warned us it could take 12 - 24 months

So I've been onto our Lawyer this afternoon and had this responce 

''Because payments were initially paid to the solicitor firm Gomez de la Cruz and then forwarded to a bank of Palmera Properties he has no idea where the deposit funds went from there.

Once he got to the point of not being able to show your payment(s) reaching Banco Sabadell he had to close your case''

So basically they couldn't trace our payment entering the Developers Bank account - So frustrating. A letter was served on the Bank before the October cut off date but couldn't prove they took our money. Grrrr

Hi All

I've just caught up with the responses.  Our case goes to court (trial) on 26th April.  Like Gainsborough, we went through Sheldon Grossman and the solicitors he uses.  I will let you know when I find out anything.  Do you think I'll find out on the same day or does it take a while? 

Thanks.

Charity

I found out very soon after the case which I initally won but then the bank appealed the judgement which i believe is commom practice, so still in limbo

Wow, it's unbelievable that you're still waiting. Fingers crossed you hear something soon - positively, with money in your bank!

Thanks.

Charity

Also applying for return of my deposit, my first court date is this Wednesday 20th April. I have gone through 

Carrasco Barea Abogados. Fingers crossed