Case won in the courts

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02 Oct 2017 15:57 by briando55 Star rating in Yorkshire. 1745 forum posts Send private message

Hi, Many people visiting and reading posts on this site will know my name and have followed my postings over the years (sometimes hard to read but hey ho!).

I am writing to give an update on our own case which has been handled by CostaLuz lawyers (Keith and the Maria's!).

Its with great thanks to Maria's firm and to Keiths patience and diligence that I am happy to report the succesful outcome of the court case, costaluz taking action in getting our money back, with interest, from the bank involved after we were trying to buy a property for ourselves in Albatera as long ago as 2005.

I have heard today that the case was won, the award of principle and interest has been made in our favour and (we think) the costs will be returned too.

The bank has not made an appeal in the allotted time and the return of money is to be made in an, as yet, not fully known timescale but in the coming few months.

Thanks and best wishes to the legal team, and to anyone out there, I can recommend this legal team to you, and keep fighting for a good outcome!!

 


This message was last edited by briando55 on 02/10/2017.

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02 Oct 2017 21:00 by georgie1 Star rating. 61 forum posts Send private message

Brianndo congratulations on getting this far we are in the same position and have been since Feb 2017 .Unfortunately the courts then seem to be another law unto themselves .Still think they are hoping we die off saving them the money ,sorry to be a kill joy but I am happy for you and it is a step in the right dirrection .


case won in the courts


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02 Oct 2017 21:59 by briando55 Star rating in Yorkshire. 1745 forum posts Send private message

Keep on top of it Georgie.  It will happen if you make it 🙂



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05 Oct 2017 22:28 by ads Star rating. 3067 forum posts Send private message

Briando, well done and congratulation to Maria Keith and team.

Can I ask did you win return of interest backdated to date of deposit or date of claim?




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06 Oct 2017 22:39 by briando55 Star rating in Yorkshire. 1745 forum posts Send private message

To the date of the deposit Ads.   



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06 Oct 2017 23:32 by ads Star rating. 3067 forum posts Send private message

That's good to hear Briando.

Was this a joint and several claim against developer and Bank, or just against the Bank?




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07 Oct 2017 09:00 by briando55 Star rating in Yorkshire. 1745 forum posts Send private message

María can likely qualify this but......

The action was taken against the bank, they tried to make this the fault of the developers and that there was no special account.   The court found them liable as an account was in place and money was shown to be paid directly into it.  

So the action was against the bank.  Costaluz may place the outcome on here, they occasionally do that.  

The only outstanding issues now are the actual return of cash, how we transfer it to sterling and how the costs are resolved.  But happier days ahead I suspect.  



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08 Oct 2017 15:29 by RioMino Star rating. 17 forum posts Send private message

A really BIG well done. I do not think people realize just how fraught it can be buying a property in Spain; so many potential risks. It kind of reminds me of Thailand in many ways! Anyway, again, a HUGE well done and I am sure the cava must now be flowing ;)



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18 Oct 2017 11:35 by M11Block Star rating. 174 forum posts Send private message

Hi Briando55. Congratulations and well done to Maria, Keith and Costaluz. We have followed you for many years on EOS but the last 11 years have taken their toll and for the last five months since we lost our case at Appeal Court we have not been able to look on EOS or even think about our case which is now going to Supreme Court. A process we believe will take up to 3 years.  I was wondering which Bank is involved and which stage were you at with the case, was it Appeal Court or Supreme? We lost our appeal on a technical point. That we paid our money to an Estate Agent, and in the small print of the contract it said we had to pay it into a named account, even though it was accepted as our deposit by the builders and the bank along with other purchasers deposits. (The Bank also has since been taken over by another Bank).  Also I might add we won our case against the builder many years ago and were awarded deposit plus interest plus costs ...... However, the builder went bust and we were left high and dry, still owing the costs for the case as the solicitors were not creditors and were engaged by us..




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18 Oct 2017 14:40 by ads Star rating. 3067 forum posts Send private message

So here we have a case identified by M11block where the conveyancing lawyer appears to have compromised the innocent claimant, however monies were placed into a developer account, the bank acknowledged and presumably never queried that amount of monies being taken into their care alongside others relating to that development, a law was already in place to protect off plan purchase at time of deposit  (which has been clarified at Supreme Court level and has already assessed the responsibilities of Banks where evidence substantiates monies being placed into developer accounts) so why on earth did the judiciary with all the evidence substantiating and clarifying this law not recognise the Bank's ploy to evade their legal responsibilities? It appears an immoral ruling that plays into the hands of a Bank in denial of their legal responsibilities does it not?

This is a concerning development if the Banks are going to continue with this ploy and the judiciary do not stand firm and resolute and consistent with SC rulings that have already affirmed Bank's legal responsibilities.

 


This message was last edited by ads on 22/10/2017.


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