Cortijo de Torreblanca - case submitted to the court of first instance

Hi All,

Just had an email from Costa Luz Lawyers stating that the case against Aifos and the bank involved has been submitted to the first instance court.

The next step is for the opposing party to answer the lawsuit.

Has anyone been in this situation before and how long does it normally take to get a court date?

Cheers

Hi fazarelli,

I have also just received the exact same email today, however I am now confused, because as far as I am aware, Costa Luz lawyers have not obtained AIFOS'S Banking details from the Judicial Administrators yet ????

This examining of AIFOS books was supposed to take place last October but got delayed cos other clients had not presented their P.O.A. soon enough. It was then put back, till January '14, and that is the last I have heard until I wrote recently asking for an up-date.

Belucky,

Maybe Maria means that she has applied to the court for the bank account details?

She didn't really explain it in the brief email update i got.

fazarelli,

If Maria and co have applied to the court and they have now obtained AIFOS'S banking details, I would have thought that they would have informed me.

Anyway I have queried their original email to get some clarification.

Belucky,

She hasn't informed you because that is what they are trying to do now?

I was told that they had to apply to the court for an order to be sent to the administrators.

Would be interested to find out either way.

Cheers

fazarelli,

I will let you know when they reply.

I am now wondering if we, might be the only two ex- AIFOS clients left standing since no one else has commented on this thread ?

Cheers

Belucky,

There was a bit of action on the Cortijo thread a few weeks ago. I have tried PMs to a few i remember on there a while ago to alert them to the lawsuit starting. Got no replies.

I think most have given up. The last poster didn't even know about Keith Rule and all that!

It's 11 years since most put there deposits down, most have probably written it off.

Btw, did you buy in Cortijo too?

fazarelli,

It appears that they are examining the Aifos books on the 26th May, so fingers crossed we will all find out the necessary information about these banks which held our money.

So after 10 years, we may, at last, be in a position to allow Maria and co. to do their magic and get us a refund.

We bought an apartment on the Hacienda Marina complex, near Benalmadina, it was in the block which was never built called Las Conchas.

Hi Fazarelli,

Well the 26th of May has come and gone without a word from Maria and Co. I hope everything has gone to plan and we hear some good news next week !!!

BTW did you get that email from Fuster and Ass. who have started doing the "No win No fee" deal, the same as Maria and Co.   Hopefully this is a good sign when lawyers are so confident of winning that they are now able to go down this route.

Hi Belucky,

I suppose the information they are looking for will take some time to find, as there are hundreds of us.

I did get the email but only casually glanced across it. Yes, it is good news that a few are doing no win no fee. However, that is no guarantee that they will take on your/our case. A particular set of conditions are sometimes to be met before they will represent. For instance, the previous company (Wallbank or Welbank or similar) a while ago told me they couldn't take on my case because I had tried to take the developer to court previously.

I have been informed today that there is a lot of information that has been provided to us by Aifos judicial administrators in the preliminary work we are conducting for our clients.

Now we need to locate more in precission that which will enable us to go against related Banks. Not to worry. You will be receiving the necessary info in due course

Cheers!

Hi Maria,

Thank you for the up date hopefully this information from the AIFOS Judicial Administrators identifies everyones "lost" Bank Accounts.  

I did infact repeatedly contact the AIFOS Judicial Administrators a Messrs Franco and Molina, in July/August/September and October of 2011 for information on the Aifos Bank which was holding my deposits, but they refused. However another lady called Messrs Navarro told me that the request for this information should be made directly to AIFOS. Although my lawyer at that time, did say that they could give me this information as they had access to contracts, documents, and accounts but they wont ???

Look forward to receiving the necessary info.

Dear Belucky:

We had to go to judicial proceedings for obtaining the necessary information. It was the judge who obligued the Administrators to provide them to us.

Very interesting,  as this is really info that should have been on buyers knowledge from day one 

Hi Maria,

I must say that your information does not surprise me when obviously it all goes back to my original "in house", useless,incopetent, Spanish Lawyer, who in 2004 failed to include this vital information in my purchase Contract, and who, to this day, continues to refuse to divulge the details of the Bank into which he paid my deposits to AIFOS.     This is just another "cock up" which occurred with this man, at one point in 2008, when I terminated his contract, he refused to hand over our file to my new lawyer stating that I owed him approx. 20,000 euros, and it was not until I produced evidence of these payments, plus he was threatened with being reported to the "bar", that he eventually produced the file.

Malaga Courts are doing an excellent job in protecting buyers rights in application of Law 57/68!

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