Case Won and Money Returned - Maria & Costa Luz Lawyers

A big thank you to Maria and her team at Costa Luz for their hard work and efforts in presenting our case to the courts and achieving a successful outcome, we now have our money returned and safely in our UK bank account.

It has been about 2 years of anxiety and stress but finally Costa Luz have won through and delivered on their promise that we had a strong case against the developer.  I won't go into detail but suffice to say that our original lawyers said that we did not have a case and that there was no way we could get our money back.

Am I glad that I stumbled across EOS and read some of Maria's posts, her help and advice to others encouraged me to contact her and discuss our particular problem. I have been critical in previous posts about the the lack of information provided, but I put this down to frustration and now realise that there is a lot of work and effort behind the scenes and that Costa Luz are doing their very best for their clients.  Hopefully in the near future the online updates will be up and running so that others can benefit.

Once again, thanks Maria, Almudena and Steven and everyone else at Cost Luz. 

Kelju

Sorry, just realised I missed Patricia's name off the list and I can't see how to edit the post.

Kelju

 That is great news Kelju.  It's refreshing to read a positive story and an honest review.  

I know Maria and her team have been doing some really good work for many people.

Keep them coming Maria!

Justin

Thank you Kelju and Justin.

We always try hard and a deeply committed to our clients´needs and expectations. Of course, we make mistakes and cannot always make eveyone happy... that would not be human.

Thanks to EOS and all the people who trust us.

Best,

Maria

Fantastic news Kelju.  I am very pleased for you.

It is good to read about positive results as it gives those of us who are still in the legal process confidence that one day justice will prevail in our cases also.

Your case proves that you should never give up and that you should never always listen to a Lawyer who says that you do not have a case.  It could possibly be the situation that your original Lawyer had links with the developer, funding bank or agent and did not want to 'bite the hand that feeds' or 'rock the boat'........

Maria is very determined and has an excellent team and I am sure they are working hard to bring positive results for all their clients.

But it is true what Maria says - you cannot always make everyone happy - but if you can make most people happy most of the time then you are doing very well.

Once again congratuations Kelju and Costa Luz Lawyers!!

Kind regards

Keith
FINCA PARCS ACTION GROUP

Thanks Keith and I hope that you get the outcome you want.

Kelju

Kelju

Congratulations.

Just want to say that we lost our case against CCM bank in respect of a claim under a bank guarantee provided by them for a development at Nueva Ribera that went bust. The appeal case was heard on 21 April and we have just heard that we won it (plus interest plus costs). We now await payment.

Could you tell me how long it was between judgement and payment in your case?

Please don't stop communicating on these forums just because you received settlement. We need to help the others. I certainly am not. Indeed I am going to be as big a thorn in the side of the Spanish banking system as Spanish law allows.

Chris

Chris,

Just seen your post, it was about 14 weeks between the judgment and the original deposit money being received into our bank account.  Jsut waiting for the interest and costs now.

Kelju

Kelju

Dont hold your breath, its been nearly 12 months now since we won our case and the developer lodged the money with the courts, we have had what was owed since last year but are still waiting for legal fees and intrest.

Kelju and Mark

Thanks for the (semi) encouragement. For some reason we are being told that we need to wait until interest and costs are agreed with the court before any money (including deposit) are returned. The two weeks we were advised has now become four weeks and from what you guys have said we will have to wait a few months. In fact neither have you have received your interest or costs yet.

Steve

Is this a normal practice to delay payment until interest and costs are agreed by the court? Wasn't the agreement made at the point of judgement on your case? Why does it need to go back to the court again?

Dear Ads:

Civil procedure regulations in Spain establishes a different/separated procedure for the appraisal of interests and costs. These amounts need to be calculated " to the day" and the oponent needs to have a right for them to be contested: that´s the reason they require a separated procedure.

Hope this helps,

Maria

Thanks for the clarification Maria but shouldn't the deposited monies be returned in the interim? Can the courts withhold the deposit until the costs and interest are appraised? Do you get many cases where the costs and interest are successsfully contested by the developer or is this just procedural in the main?

yes, the principal needs to be paid back in the interim. This needs to be pursued properly by your legal representtaive. If finding difficulties due to lack of solvency of developers, I would again, advise you/ your legal representative to look into liabilities attached to provision 1.2 of Law 57/68.

Keep the fight ahead! It is going to work out!

Maria

Steve / Mark t

This situation appears to be court delays yet again potentially compromising return of monies as per the successful judgement. So long as there are no time constraints applied to the courts re the application of law then purchasers will  continue to be compromised. It's a disgrace and needs to be brought to the forefront of reform agenda.

Maria,

Is there nothing that lawyers can do about this other than to suggest more legal action?

Dear Ads:

Well, our work is on thelegal/  rights´side and  on the judicial protection of them but at the same time, yes, lawyers can also join initiatives such as FPAG which I am sure will make a definitive impact on financial and political institutions, national and international.

I am very much looking forward to the results of Keith´s efforts.

Best,

Maria

All

If so much action is required in order to agree legal costs and interest one could see a third action taking place after the award: costs involved in pursuing the costs! (just joking).

Steve

Maria

You say in one of yur latest posts that intrest costs are calculated to the day, is that the day the developer lodges the monies with courts or the day the court releases the money. If its the datte tthe court releases the money then I see this going on forever, the devloper will never agree to pay an additional 12 months intrest in our case,  Will the courts allow us to accept what the developer paid in to cover legal costs & intrest as full and final settlement we would be quite happy to accept the 8K euros to bring the last 5 years to a close.

Regards

Mark

 Dear Mark T:

Once the judicial party ( either claimer or deffendant) honour the Court decission and pay.

Cheers,

Maria

kelju

fantastic news to not only have won your case, (well done maria and team), but also to stand a very real chance of getting your money back by the sounds of things?. 

The delays are all part of the crappy Spanish system that has denied many more of us ever getting real justice, unless someone comes along who recognises right from wrong and forces change so that those who have won their case, but who were ultimately cheated by the courts own delays, are compensated.