Court case against La Caixa / Trampolin Hills

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26 Apr 2013 10:26 by billyboy99 Star rating. 11 posts Send private message

Our group action against La Caixa for the deposits paid to them for proprties on Trampolin Hills took place yesterday and the only information we have received back from the lawyer is the following. 

 

"We would like to inform you that the trial was held yesterday and the case is ready for sentencing"

 

Can any one tell me what this might mean ?

 





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26 Apr 2013 10:45 by pff001 Star rating. 123 posts Send private message

 Not sure myself to be honest. They could mean that they are waiting for the verdict maybe ?





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26 Apr 2013 14:17 by lobin Star rating. 212 posts Send private message

 This means that the Court session during which the parties get to argue their cases was held yesterday (trial before a Judge or Judges) and the hearing was finished.  Therefore, now it is the Judge's turn to issue his verdict (sentence).





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26 Apr 2013 16:33 by sandra Star rating in . 776 posts Send private message

sandra´s avatar

When you know the outcome will you let us know? Every win against the Banks is encouragement for those of us yet to get justice. Fingers crossed for a win!



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11 May 2013 04:41 by pff001 Star rating. 123 posts Send private message

 The case against La Caixa was over 2 weeks ago now and the judge has still not given a verdict, is this normal ?

I presumed that we would have found out on the day if the case was successfull or not.

 





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11 May 2013 06:41 by gaula Star rating in marbella and the u.k. 64 posts Send private message

 It is perfectley normal - sometimes verdicts take months . look at keith rules case .





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11 May 2013 06:50 by pff001 Star rating. 123 posts Send private message

I was under the impression Keith got the verdict the same day and it was the appeal decision they had to wait a month or more for.



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11 May 2013 08:45 by ads Star rating. 3092 posts Send private message

Is this the same Bank that has merged or taken over Banca Civica (which in turn took over Cajasol Bank)?

If this case proves successful, might this encourage the Caixa Bank to settle out of court for other cases linked to this Bank (i.e. for clients that have previously gained cancellation of contract following a successful ruling against a developer appeal)? Or is that too optimistic a thought?





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11 May 2013 11:26 by Keith110 Star rating in the UK and I am lead.... 682 posts Send private message

Pff001

It is normal to wait for the Sentence to be issued.  The Sentence is not issued on the day of the trial.

Sentences are normally issued anywhere between 2 weeks and 3 months after the trial date.  But it can be longer.

In our Finca Parcs case we also waited for the First Instance Sentence and the Provincial Appeal Court Sentence:

First Instance:

2 day Trial took place:          21 & 22 May 2012
Sentence issued:                 
8 June 2012

Provincial Appeal Court:

Date for magistrates deliberation & voting:   4 March 2013
Sentence issued:                                           11 April 2013

Kind regards

Keith



_______________________

LEY 57/1968
CLICK HERE FOR THE BANK GUARANTEES IN SPAIN WEBSITE

       
      

fpag@btinternet.com




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11 May 2013 12:47 by ads Star rating. 3092 posts Send private message

Those are remarkably speedy timeframes Keith by comparison to courts in other regions of Spain.

If only there were time constraints in place to ensure a consistent approach could be ensured across Spain.

 

 





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11 May 2013 13:13 by Keith110 Star rating in the UK and I am lead.... 682 posts Send private message

Not really. I have seen many sentences issued much quicker than the Finca Parcs Appeal Sentence. We waited 5 weeks for that sentence.

_______________________

LEY 57/1968
CLICK HERE FOR THE BANK GUARANTEES IN SPAIN WEBSITE

       
      

fpag@btinternet.com




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12 May 2013 07:29 by Andrew Wilford Star rating. 183 posts Send private message

The Law in Spain demands by statute that Judgment in a case must be given within 5 days as indicated by "Article 789" ... see below. However in the Criminal case I brought against Rafael Aquilera for "Fraud" it was nearer 100 days and I am told that was quick ... the Courts in Murcia are, apparently, taking up yo 9 months to give out Judgments! Then with the probable / possible appeals process it could take another 12 months at least.

However "good news" for everyone is that I now have the first CRIMINAL conviction against Aguilera so this bodes well for everyone else I suspect!

Artículo 789

1. La sentencia se dictará dentro de los cinco días siguientes a la finalización del juicio oral.

2. El Juez de lo Penal podrá dictar sentencia oralmente en el acto del juicio, documentándose en el acta con expresión del fallo y una sucinta motivación, sin perjuicio de la ulterior redacción de aquélla. Si el Fiscal y las partes, conocido el fallo, expresasen su decisión de no recurrir, el Juez, en el mismo acto, declarará la firmeza de la sentencia, y se pronunciará, previa audiencia de las partes, sobre la suspensión o la sustitución de la pena impuesta.

Ir a Norma modificadoraNúmero 2 del artículo 789 redactado por el apartado ciento nueve del artículo segundo de la Ley 13/2009, de 3 de noviembre, de reforma de la legislación procesal para la implantación de la nueva Oficina judicial («B.O.E.» 4 noviembre).Vigencia: 4 mayo 2010





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12 May 2013 09:44 by Keith110 Star rating in the UK and I am lead.... 682 posts Send private message

Andrew:

Yes, that is correct for Criminal cases.  The Article that you refer to (789) is from the Criminal Procedure Act (Ley de Enjuiciamiento Criminal).  The 5 days referred to there will be 5 working days.

For Civil cases there is a different Act.  The Civil Procedure Act (Ley de Enjuiciamiento Civil).  Article 434 of the LEC states that the First Instance Sentence/Judgment will be given within 20 days from the termination of the trial.  Again, that will be 20 working days.

For Appeals there is a different timescale for the Magistrates to deliver their Sentence/Order.  Depending on the circumstances of the Appeal the Sentence or Order should be issued within 10 working days or within one month.

Congratulations on getting a Criminal conviction against Rafael Aquilera.  Your determination in this matter is to be admired.  As you mention, he does have the right of Appeal.  According to the Criminal Sentence, any appeal must be submitted to the Court within 10 working days.

I sincerely hope even if there is an Appeal, that ultimately one way or another you will receive a refund of your off-plan deposit.

Ads:

The timescales you mention that need addressing are not so much the timescales for issuing the Sentence, but actually the timescales of some Courts for actually admitting the Lawsuit into procedure in the First Instance Court.

For example, the First Instance Court in Estepona is one of the slowest courts in the country.  It can take up to One Year just to get the Lawsuit admitted into procedure.  Then the Lawsuit must be served on the defendant, the defendant files a defence, date for Preliminary Hearing announced, date for Trial announced and then finally the trial takes place and then the Sentence is issued.  Due to the extreme slowness of the Court in Estepona the process of obtaining a First Instance Sentence can take anything from 2 to 4 years.  The average timescale is normally between 1.5 to 2 years from the date of filing the Lawsuit until the First Instance Sentencing.

Timescales do and will always vary from case to case due to the different processing speeds of the various courts.  Also timescales are affected by several other factors, for example, if the whereabouts of the defendant is unknown then the Lawsuit must be served by Public Notice and this can take months.

Kind regards

Keith



_______________________

LEY 57/1968
CLICK HERE FOR THE BANK GUARANTEES IN SPAIN WEBSITE

       
      

fpag@btinternet.com




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12 May 2013 10:22 by pff001 Star rating. 123 posts Send private message

 Thanks Keith and congratulation on your recent appointment with Costa Luz Lawyers. Your knowledge and experience in your recent case will no doubt be invalauble to many people and its good to see that its not going to waste.

 

 





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12 May 2013 10:22 by pff001 Star rating. 123 posts Send private message

 Thanks Keith and congratulation on your recent appointment with Costa Luz Lawyers. Your knowledge and experience in your recent case will no doubt be invalauble to many people and its good to see that its not going to waste.

 

 





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12 May 2013 10:22 by pff001 Star rating. 123 posts Send private message

 Thanks Keith and congratulation on your recent appointment with Costa Luz Lawyers. Your knowledge and experience in your recent case will no doubt be invalauble to many people and its good to see that its not going to waste.

 

 





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12 May 2013 10:22 by pff001 Star rating. 123 posts Send private message

 Thanks Keith and congratulation on your recent appointment with Costa Luz Lawyers. Your knowledge and experience in your recent case will no doubt be invalauble to many people and its good to see that its not going to waste.

 

 





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12 May 2013 10:22 by pff001 Star rating. 123 posts Send private message

 Thanks Keith and congratulation on your recent appointment with Costa Luz Lawyers. Your knowledge and experience in your recent case will no doubt be invalauble to many people and its good to see that its not going to waste.

 

 





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17 May 2013 21:45 by ehw Star rating in Western end of the C.... 41 posts Send private message

In answer to the question put by ads on the 11th of May: Is this the same Bank that has merged or taken over Banca Civica (which in turn took over Cajasol Bank)?

Yes, Caixabank (previously La Caixa) did take over Banca Civica (a merger of Cajasol & others), not so much because they wanted to but pressure was brought to bear.

My wife and I have had an account with La Caixa for 28 years with no reason to complain, Communicating with them in Spanish is not a problem.

 

 

 


This message was last edited by ehw on 18/05/2013.



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18 May 2013 09:18 by ads Star rating. 3092 posts Send private message

Ehw,

Many thanks for the clarification.

Keith,

Thanks also for the details relating to court delays. Unfortunately, as many have witnessed first hand, the problem relating to delays does not end at first instance sentencing, as the norm is for the developer/bank to appeal, and the delays are then further exacerbated beyond the timescales that you have identified, (and many have been legally compromised in the interim time periods). Likewise for return of costs/interest following successful rulings where some appear to have been waiting for extremely long periods of time. 

Until such time as reasonable time constraints are introduced into the Spanish legal system, the risks both financial and legal, sadly, will remain for those in badly affected regions in Spain.

Justice should never be a post code lottery and this aspect surely needs to be brought to the attention of the Spanish Authorities by law firms representing their clients, shouldn't it?





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