Action against the Bank - Concern over cancellation of purchase contract

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09 Jun 2014 22:33 by fazarelli Star rating. 246 posts Send private message



I got an email from Maria earlier today and I got a bit panicked. The email states that for the lawsuit to be successful, the original purchase contract with the developer (in this case, Aifos, who are now in administration) must NOT have been cancelled.

I'm afraid that i think this has been done by my original lawyer whilst taking Aifos to court.

Has anyone any thoughts on this?

Does the fact that Aifos is no longer trading mean that the purchase contract is meaningless anyway?

How do i find out if the purchase contract has been cancelled?

Can't afford to throw £5-6000 on this, if it's pointless :-(



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10 Jun 2014 10:15 by belucky358 Star rating in North Yorkshire. 196 posts Send private message

Hi Fazarelli,

I can only assume that she has made an error as you do need to have had your Purchase Contract cancelled and if you read LEGAL TIP 1161, AIFOS and Good for Malaga Court, it dicusses it in there.

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10 Jun 2014 10:52 by M11block Star rating. 176 posts Send private message

Contact Maria. We had our contract cancelled through a Court Judgement but unfortunately the builder is Bankrupt so she is taking us through the Court action against the Bank now. She has produced 2 information booklets one for those who have cancelled their contract and one for those who haven't. She has probably sent you the wrong pack. She will explain if you contact her.

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10 Jun 2014 18:28 by fazarelli Star rating. 246 posts Send private message

Thanks for the replies, M11 and Belucky.


The info booklet (pdf) definitely says 'NOT cancelled' on the front and a few times inside it.


Perhaps she has sent me the wrong one. Or perhaps my useless previous solicitor didn't get the contract cancelled despite directly telling me he did. Would Maria have that information? Or would I need to supply it?

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11 Jun 2014 08:25 by mariadecastro Star rating in Algeciras (Cadiz). 9001 posts Send private message

Legal Questions? Speak to Maria Direct

Fazarelli: Please contact me privately so I can clear your doubts.




Maria L. de Castro, JD, MA



El blog de Maria

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