polarisworld/la terrazas.legal action.

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24 Aug 2010 00:00 by gazeer Star rating. 3 posts Send private message

i have just recieved notice of intended legal action against me ,a  4 years in the waiting purchaser on the penthouses.i wondered if anyone else in my similar position has  or heard of anyone else recieving the same.we are actually in the process of taking them to court in spain .we have had no contact from polaris at all except for this legal action notice from a lawyers in liverpool.how do we stand ?any imformation would be of help.also they have added on an extra8.000 euros in interest and recovery fees.what a cheek as they have had our 62.000 euros deposit in their bank for the last 4 years making interest on our money.it seems when polaris say jump you ask how high?its all on their terms.not yours

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24 Aug 2010 20:56 by m12nto Star rating. 5 posts Send private message


We have just received a similar letter today, previous to this we have had two phone calls in last few weeks trying to persuade us to complete, directed them to our lawyers. The  lawyers  had notified PW a year ago of our intention to cancel due to their breach of contract.

PW had failed to contact us  despite us trying on several occasions to discuss  things with them, this resulted in our decision to cancel. I am particularly bemused by the accusation in the letter of continual failure to meet our obligations!

Have e-mailed our lawyers in Spain  tonight and will let you know what they say. Have friend who is lawyer here and taking advice here too, perhaps need to go public with these bully boy tactics!!



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24 Aug 2010 22:25 by lpalm6 Star rating. 7 posts Send private message

 I have today received the same threatening letter with no contact from PW since 2008, when they could not accept our 2nd instalment and issue a bank guarantee, which led us to contact our solicitors (Fusters) to instruct terminating the contract, which they did not manage to do.

So interested in how everyone else gets on with this, think i will instruct an English solicitor asap.  

I will not acknowledge receipt of the letter or contact the cowboy solicitors.



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25 Aug 2010 14:57 by Faro Star rating in London. 1139 posts Send private message

What is the name of the UK law firm or lawyer?

There is a Spanish lawyer (Enrique Sanchez) who does some Spanish based work with UK law firms in and around Liverpool.



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25 Aug 2010 22:18 by m12nto Star rating. 5 posts Send private message

Hi Faro,

The lawyers are CLS Corporate Legal Services on Ill Palazzo No7 Water Street, Liverpool

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26 Aug 2010 00:52 by gazeer Star rating. 3 posts Send private message

the same lawyers in liverpool sent me a legal notice.csl. who are they ?

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01 Sep 2010 21:29 by lpalm6 Star rating. 7 posts Send private message


Has anybody got any more information on the Legal notice that has been sent out by CLS Services, would very much appreciate any information any one can give us

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01 Sep 2010 23:02 by m12nto Star rating. 5 posts Send private message

Have spoken to lawyers in Spain who assure me this is common practice from developers trying to force you to complete. Have been advised to tell CLS not to contact me again and give lawyers details. Will do that tomorrow and if any come back will let you know.

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02 Sep 2010 16:38 by EOS Team Star rating in In Spain of course!. 4017 posts Send private message

EOS Team´s avatar

Just in case you are not aware, there is a dedicated Las Terrazas de la Torre forum on here where there are other owners and buyers for this development.



Schools in Spain Guide | The Expat Files | Learn Spanish | Earn a living in Spain

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21 Sep 2010 16:49 by paws Star rating. 14 posts Send private message


Does anyone have any update on this??? Have just received a letter and wondering what exactly they can do to force you to buy???? I have been told that we cannot terminate the contract only PW.



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21 Sep 2010 18:05 by mariadecastro Star rating in Algeciras (Cadiz). 9344 posts Send private message

Legal Questions? Speak to Maria Direct

 Dear Paws:

Cancellation rights for contract agreements with reciprocal obligations are for each one of the parties, depending on what party defaults.




Maria L. de Castro, JD, MA


Director www.costaluzlawyers.es

El blog de Maria

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23 Sep 2010 07:46 by mariadecastro Star rating in Algeciras (Cadiz). 9344 posts Send private message

Legal Questions? Speak to Maria Direct


Legal tip 347. Case won against POLARIS´ guarantor 
22 September 2010 @ 11:47 

Lawsuit submitted in February 2010 against HYPO REAL ESTATE BANK INTERNATIONAL for the execution of a Bank Guarantee granted according to Law 57/68 for the refund of deposits paid in Terrazas de la Torre, developed by the Polaris company, Hacienda Verde SL.

Our joy is today for two reasons: firstly, becuase our clientshas been granted a decission in his favour for the refund of full deposit, plus legal interests plus legal costs ( Court decission dated the 20th of September 2010: in 7 months time)

and secondly, because the Judge takes the oportunity to  critricize the terms of the  Polaris contract, ( we have never heard that before from a Judge) considering it is an  "adhesion contract", where the buyer has had no option, no agreement intervention and that has been completely left to the will of the developer.

It is also intersting because Polaris Guarantees were specially difficult/ if not impossible to execute due to lack of clear completion deadlines. This lucid Judge has been wise enough to admitt how we jumped over the trap and requested the execution of the Guarantee.

Good for the Judge again today! Goof for fair- wise application of Consumers Law!


La Barrosa, Cádiz, by Roberto Pecino at Flickr.com

This message was last edited by mariadecastro on 23/09/2010.


Maria L. de Castro, JD, MA


Director www.costaluzlawyers.es

El blog de Maria

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23 Sep 2010 20:37 by Keith110 Star rating in the UK and I am lead.... 682 posts Send private message

It is good that Judges are starting to view things with a more open mind - taking into consideration the rights of the consumer and seeing these contracts for what they really are - UNFAIR and biased towards the developer.

The Cleyton GES SL purchase contracts for Las Higuericas Finca Parcs are also unfairly biased towards the developer as they do not have a completion date.

The rights of the consumer have been ignored for too long.  Now is the time for consumers to begin the fightback.

Confidence will only return to the Spanish property market when buyers can really trust the system and when consumers rights are respected by the developers, the banks and the judicial system.

Kind regards



LEY 57/1968



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