Developers appeal against decision...who knows?

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13 Jun 2011 00:00 by stephensteve Star rating. 32 posts Send private message

Hi guys, hope you are well , I wonder if any one would be kind enough to offer their advice or experience on the time scale that an appeal takes ?

We have won the first instance court case and the developers have appealed against the decision...!!!

I would like to know how long the process might take for the 2nd instance Court to make their decision ?

Cheers,

Stephen steve 





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13 Jun 2011 12:21 by joanmalaga Star rating in Costa del Sol. 420 posts Send private message

From what i understand courts have no time scales out here, so if this is the case it could be weeks, months or years!

Have you asked your solicitor?

Joan





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13 Jun 2011 12:54 by ads Star rating. 4022 posts Send private message

Sadly Stephen there are no time contraints in place within the existing Spanish Justice system, so it is an unkonwn quantity as things stand now. For instance we have been waiting for a judicial resolution since 2008 when the developer appealed following our first instance win, and the CGPJ have not responded to complaints. This may also depend upon the region, courts, judges, in other words a lottery, I'm afraid.

May I suggest that you ask your lawyer to keep you informed and if this timescale becomes a problem then request that they complain to the CGPJ.

Also In the interim you may be interested to view Ruth and Keith's ongoing petitions and, if relevant, then please add your details to the growing campaign for justice.

http://www.bankguaranteesinspain.com/

http://www.gopetition.com/petitions/stop-the-spanish-property-roadshow-open-letter-to-davi.html

 

Good Luck!





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13 Jun 2011 14:23 by joanmalaga Star rating in Costa del Sol. 420 posts Send private message

I would say careful with complaints, i have heard that the more you complain the more likely you are to end up at the bottom of the pile again! Spain is known for this! Lets hope that courts can speed things up and that the hundreds of people waiting for cases to finalise achieve the end of the line soon.

Joan





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13 Jun 2011 14:30 by goodstich44 Star rating in northampton. 1648 posts Send private message

Joan

I've heard that also, but if you don't complain you could wait years......and do in some cases!. It's clearly not acceptable and part of the urgent changes required that the petitions are all about.





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13 Jun 2011 15:16 by joanmalaga Star rating in Costa del Sol. 420 posts Send private message

goodstich44, i totally agree with you, unfortunately its scary to think that things could get delayed more for complaining.

The system needs to change urgently, maybe some day this will actually happen!

Joan





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13 Jun 2011 19:35 by ads Star rating. 4022 posts Send private message

"i have heard that the more you complain the more likely you are to end up at the bottom of the pile again! "

Maria appears to do this as standard practice for those clients who have been compromised by the delays, in which case it would be interesting to hear from her, how she considers this suggestion. I can't believe that she would do this in full knowledge of compromising clients by her actions!

And for other lawyers to hold back on complaints for this reason would only perpetuate a system blatently ridlled with self interest, corruption and lack of accountability. More evidence to be documented in the petitions?

Or perhaps it's an urban myth put about to try and prevent people from complaining!!!





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13 Jun 2011 19:48 by sandra Star rating in . 810 posts Send private message

sandra´s avatar

                                    "a system blatently ridlled with self interest, corruption and lack of accountability"

From my past experience and the experiences of people on this and other such forums that is precisely how the  system has presented itself. I thought that the various petitions have been just about these problems and the slowness of Spanish justice.

Someone please tell me I am being extremely synical in my views as I would genuinely like to lift my mood and to believe that one day I will recover the deposit I paid in 2005.



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13 Jun 2011 20:45 by ads Star rating. 4022 posts Send private message

All the more reason to supply detailed petition data to Keith and/or Ruth's petitions (within the comment section)  from which analysis can be made.





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13 Jun 2011 20:54 by sandra Star rating in . 810 posts Send private message

sandra´s avatar

Done that month/s ago. We were probably one of the first to sign.

My fear now is, that if Spain does decide to pull it's socks up, any new legislation will not be retrospective and our case will be quietly forgotton. 



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14 Jun 2011 01:05 by ads Star rating. 4022 posts Send private message

Sorry Sandra I know you have done this from previous postings.

I meant to say everyone who has been affected by this should provide detailed petition data wherever possible.

Your concerns presumably relate to a form of  "selective" implementation of law. Since Law 57/68 already existed for those caught up in this ........ the Spanish justice system can't pick and choose which laws it wants to implement!!!! The law is the law surely. Perhaps Faro could pass comment on this.

In terms of timings to this implementation, if existing law is seen not to be enforced then the message buyer beware remains.





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19 Jun 2011 04:45 by stephensteve Star rating. 32 posts Send private message

Thanks guys, thanks for your help,

 I (we) shall keep ourfingers crossed...!





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