IV won my case and received my money and interest back yipppppeeee

For those who know me will know IV been on this forum from the start. Today I can confirm that I have received my full deposit and Interest into my back account.

Any of you looking any help with your case feel free to ask or message me - there is light at the end of the tunnel

Ciaran in Belfast  

So Happy. We have just been informed that our appeal against the courts decision has been granted and we are to get all our money back plus interest. The 14 year wait is nearly over. Our lawyer is lucky that he phoned us with the news cos otherwise I would have kissed him. My wife and I were both in tears. ECSTATIC OR WHAT??¿¿!!??

That's brilliant news. What a relief after such a long time.

we won our case and likewise got refunded back in 2017.

This gives some hope to others waiting for their money.

All those who have recently actually received their capital your so lucky! I started my litigation in 2009/2010. Giving your trust to solicitors is not an easy thing to do....and now I am actually concerned that the solicitor I chose is actually taking advantage of me because I am on my own and female.

I am having to fight for things that were promised in 2009 (luckily by email). 

I have lost faith as I helped another party (same development site) in 2013 - 2 years prior to the solicitor going to court against the already liquidated developer (costing me approximately 14K Euros despite winning due to the other side being liquidated. I am widowed, and it seems to get justic it ALWAYS costs me a significant amount.

Anyway, the people I helped back in 2013 have now been paid out whilst I am still waiting and being mithered for money to cover the costs of my case. 

I am not sure if something has been lost in translation as I did ask for the interim accounts, given that it started a decade or so ago. I have now paid approximately 30k Euro. Despite the friends I helped gaining their deposit back I am left concerned as to why the solicitor has been pressing for funds.

Another point everyone needs to know if they are pressed for litigation funds is that the IVA changed on 1st September 2012 from 18% to 21%. Any funds transferred to the litigation team before that should be charged at the rate it was at that time...not 7 or 8 yrs later.

I am hoping that I can be more positive by the end of this year...whatever happens I am publishing my story in the UK press. 

Hi, like many on this forum I also bought off plan and paid my deposit in 2006. GM legal experts took on the case but I still have not received any monies even though lots of people seemed to have won their case. Can anyone enlighten me!!

This message was last edited by railway on 22/06/2020.

After 14 and a half years I can report that we won our case and the bank have paid the principal sum to the lawyer.we are just waiting to transfer the funds. The lawyer says we are waiting for the bank to agree the interest  payment anyone ever heard of this. 

Questions for your lawyer re recoverable interest from the Bank.

Has your lawyer ( Barrister) already submitted interest calculations for approval by the judge? Find out the date this was submitted for ongoing judicial approval. Find out how long the lawyer suggests this procedure can take before you receive return of these monies. Likewise ask for a copy of the calculations so that you are kept aware of the monies involved.

Can your lawyer identify if your successful ruling  awarded interest backdated to date of Bank claim or the date monies were deposited. Note there can be a significant difference between these two dates.

If interest was not awarded for interest to be backdated to date of deposit ( as the law dictated), has your lawyer submitted an appeal for additional backdated interest? Or do they now consider this is difficult if no SC doctrine applies.

Can your lawyer identify if the Supreme Court has achieved full clarification of this part of the law relating to backdated interest and has doctrine been fully established to remove continuing " areas of doubt" that the Bank use as counter argument to the claim?

Can your lawyer identify if the area/ court/region relating to your continuing case is suffering major delays by comparison to other regions?

If so, has your lawyer reported this back  so as to place the complaint on record for the authorities to continue to assess and monitor.? Only when this is done consistently will the authorities be able to assess the magnitude of courts suffering excessive delays and possibly eligible for extra Govt resources or creation of specialised courts to fast track claims.

You can also ask your lawyer if you were eligible for return of costs , I.e. if the judge awarded this in your successful claim. If so, you can ask your lawyer will this procedure for return of costs and interest be done within the one procedure or is this two separate procedures? Again you can ask for a full breakdown of costs and explanations what is recoverable and what is not. Some law firms are not able to recover ALL costs as their charges fall outside of the courts Bar Associations constraints, in which case you will only regain what is allowable for that court region.

As you can see transparency is all in this scenario and good law firms should be able to answer all your questions going forward.

Good luck.

Hello Murciabhoy, this was our scenario.

We won the case in June this year. Aug/Sep time the bank paid the Capital amount to the courts. My solicitor then calculated the interest due up to that date and applied to the courts and the bank for this payment. Obviously all has been agreed because only yesterday I got an email from my solicitor asking where I wanted the balance of this amount deposited as it was due to happen in the next 2 weeks. Happy days??¿¿!! Bill 

ps The trouble is, we can´t go anywhere to spend it lol

That's fine if the Bank haven't appealed after the first successful ruling and you were able to move on swiftly with return of principle and interest....but some Banks have been appealing successful rulings ad infinitum during this last decade and beyond (prior to Supreme Court doctrine being achieved for the return of principle monies). So there have been major delays for all too many in the interim, plus different regions have been subjected to different levels of delays ( sadly a post code lottery in that regard)..

But some Banks are now appealing with regard to award of interests, sometimes to the Supreme Court re interest payments being backdated to date of deposit, and then ironically withdrawing their appeals at the last minute, which can leave a claimant in limbo for years in the interim!
It's not so black and white as you suggest I'm afraid and can give a false impression when such uncomfortable realities have occurred. The Banks have continually played cat and mouse with claimants and very few have achieved return of monies swiftly ....it's a complete disgrace.

Likewise there are some who may now be subjected to inability to recover monies, as the Supreme Court has recently ruled in support of a Bank who challenged a principle relating to at what point a Bank should have become liable under Ley 57/68 law, and the Banks in certain circumstances are now using this " case law" to suggest continuing elements of doubt. It's quite complex ..... Maria de Castro knows the details associated with these cases and I'm sure she could explain more re the circumstances associated with these specific cases. Suffice to say it is sadly not so black and white as some would suggest.

Important  nevertheless to ask the right questions of your legal team and seek out greater transparency relating to your own specific case.

Good luck.

Thank you for your responses much appreciated 

cheers 

Gerry 

We received our deposit and interest in 2017. The Supreme Court then turned down the banks appeal against our costs in 2018. We were informed this would be paid after it was sent to the original Court but haven't heard any more.

Joyjo

Hi Jojo....it's so frustrating I know! 

Firstly, Happy New Year!

Secondly, a few questions for consideration:

1) Which development was it for? And Which Bank were you claiming against?

2) Which legal firm represents your interest?

3) Have they kept you upto date every so many months or not?

4) I assume they have already taken their charges from the offplan deposit funds?

5) Have you been in touch with your Lawyers to ask whats happening ?

We al feel frustrated at how we are being treated - given that many of the developments have some degree of criminality involved (but this doesn't come into play with deposit reclaims.

Hi Gill 

Happy New Year to you too.

We bought off plan in Santa Ana, Murcia. There were 2 banks being sued BVA, I think, can't remember the other one.

We are represented by Guacamole from G M Legal and as events happened in court, they kept us updated although it always seemed to take ages for things to happen.

They took their costs from the amount we received in 2017. These costs are what we expect back. They were last in touch in 2018 regarding the costs but said it could take a couple of years to get the money. What with the virus last year, we can discount 2020.

You seem to have been waiting a long time.

Joyjo

Gill

You seem to be paying out a lot of money. Who are your solicitors?

Joyjo

Hi

We lost our deposit through GM Legal Experts, messing up our claim in Court and although we have emailed them numerous times, we have had no response to date.