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It appears that the court has thrown out the developers opposition to me getting my deposit cash back!! I don't know if  Ms Arlene  McCarthy MEP helped..........I contacted her about the situation.......I hope to get my cash back asap!!!

 

I am also hoping this gives others some hope......the fact that there has been no contact at all from the developer is terrible customer service.......... 

 

 

Good result and if you get your money back it is a great encouragement to those who also want out!!! These cases in spain are governed by juris prudence, or case law, so if the criteria that allowed you to win also apply to others then its in theory a forgone conclusion that others in similar circumstance can also benefit from your ruling. So, I know have posted lots on here about your case, but in summary, what are the legal arguements that have won you the case?

T

I think the solicitor I employed merely went for the time delay.....they rely on photographic evidence as well ie what the site looks like!

 

However, I did send him the Majestic letter of 15th Dec 2006 re the bank finding a 'third party' to complete and he simply asked me why was I sending this stuff to him...logically, I would have expected the background scenario to be explained to the court...they wouldn't have been able to appeal on any grounds then!

The Office of Fair Trading has the power to take action in other EU member states against a trader based in the EU who is harming the collective interests of consumers. Where a trader is based outside EU, the OFT can seek assistance from overseas counterparts, through the auspices of the International Consumer Protection and Enforcement Network (ICPEN), to take action against dishonest traders in their jurisdiction who target UK consumers.

 

The above was pasted direct from the Consumer direct website........please read and give me feedback...obviously only if you are NOT happy with things as they are...ie no contact from Banco Pastor or the new developer!

Hi I have recently found this forum and would like to know if anyone has sucessfully got their deposits back? I am considering taking the developers to court but my solicitor says that a sucessful case might not result in any cash.

Hi, we are new to this site but we are extremely frustrated at the development not completing when it should have 2 years ago.  We are keen to recoup our deposit but have also been advised by a Spanish lawyer that they are not certain whether we would be successful if we took the developers to court.   If you have any information, particularly if you have managed to get your deposit refunded, please advise.   We look forward to more developments.  Many thanks.

Hello,

If the delay is more than 6 months you have a strong case in Court to obtain your deposit back plus legal interests since you delivered the funds. Do you have habitation license? 

Hi not yet.

We have cancelled and are claiming deposit back.  Believe habitation licence has been deferred to late September as works still required by developer. 

Hi Hedges - where did you get your information about the licence and deferral until September.  We have correspondence from our lawyer today licence being granted saying soon and no mention more delays!  But who knows what soon means as far as this development is concerned.

Hi,

Which date establishs  your purchase privates contracts to deliver the property?

Hi Ruth
It was on one of the other threads for this development saying that the habitation licence has been deferred due to other works being necessary.  They apparently applied in Nov 07 for the licence but works were not complete and there was an issue firstly with the swimming pool regulations, and now something else I believe.  Obviously the developers are not issuing any statements to that effect and if you ask them, they will say any day now ... !   Good luck.

ok thanks for clarifiation.  All the different reports are confusing as on the 'progress' thread, Larney reported that the application had moved to Junta de Andalucia who meet every Friday and it sounded hopeful that things were finally moving forward and we would ge some positive news soon. 

Urban department in Mijas has informed that the developer has just asked to the Town Hall for a new visit to the Urbanisation to check that all the technical problems have been sorted out. 

The Town hall architect has got the file since the 8th july, so this means that he is pending to visit the Urbanisation to check the works done. If everything is ok, the FOL will be ready soon. So let´s see the report from the Urban department architect.

Regards

Vicky

The delay is good for people like me...as the bank are still liable to refund deposits, however, the longer the delay the more suspect the build is!

Has anyone taken a close look at the standard of the external build?

I know photo's are poor standard, but I still feel that with 3 different builders/ developers things will not be as 'advertised'..it is now approaching 4 years (and what years) since my 'investment'!!!

I cannot wait for things to be resolved!!

Anyone heard anything...........?

why do you ask ? Thought you had been to court,won your case and no longer interested.

Hi
My solicitor said that they had been told by the town hall(16/07)
 that the FOL was back with technical dept and could give no dates.

Solodinghy........I have not got ANY cash yet....if you read my other post I said that the bank guarantee is null once the habitation licence is granted!!!!!


I , like others, have much to loose...I paid 265k Euro for my apartment in 2004...those that bought in 2003 paid 180k for SAME apartment type....catch my drift...........we have all waited far too long...4 yrs for me in total in September.......