Gotardo Rodriguez Palmera Properties

Does anyone know the whereabouts of Gotardo Rodriguez, we won a court case against him and Palmera Properties but Costaluz claim he cant be found and so their responsibility to act on my behalf is now fulfilled despite my never receiving a penny.

Hi Andy

There was an article about this same guy in the Olive Press in July last year.See Link  below.Maybe this will help you further.

http://issuu.com/theolivepress/docs/1-64_d712b21ec34880/6

Good luck

Hi Nigel,

I read that article thanks, I'm just suprised he could just completely disappear from the authorities and was wondering if someone could confirm it or whether anyone knew otherwise.

I don’t know if this is relevant but have you seen this article from 2008 which makes mention of Palmera Properties and Bank Guarantees with Caja Hipotecaria Centro Sur (which appeared to have been under sanction by the Bank of Spain).

http://www.theolivepress.es/spain-news/2008/01/27/british-buyers-take-housing-developer-to-court/

Might this be of any assistance?

AndyL:

We want to bring an action against all Palmera related claimants with contracts already cancelled or whose properties were never completed.We nee to start with preoliminary diligences work against the Bank where deposits where sent by lawyers who acted " in between Palmera and buyers"

Now that liabilities of Banks are clearer we are at the right time to go ahead

Cheers

Maria

Maria when I and everyone else in the Inroal Action Group signed up to Costaluz it was on the understanding that we had paid Costaluz to; " bring an action against all Palmera related claimants with contracts already cancelled or whose properties were never completed."

I joined the Inroal Action Group and paid Costaluz upfront on the express understanding they would pursue our deposits from both the developer and the bank under Law 57/68. Only after repeated requests over a number of years asking how my claim against Inroal's bank was progressing was I told by one of their employees that no action had been taken against any bank and due to Costaluz representing me against Palmera to recover my agency payment they considered their job done. This despite Costaluz claiming Gotardo Rodriguez has disappeared and advising me it unlikely I would ever receive any money back. If I hadn't kept asking for an update I wouldn't have been informed by Costaluz they weren't pursuing any bank and had dispensed representing me.

No action was taken to pursue the bank holding our deposits for the years up to Inroal going into liquidation. When Costaluz finally addressed my query regarding bank action they claimed as the insolvency administrator now held all Inroal's documentation a new action would be required incurring an initial payment of 1200 euros for preliminary deligence.

Dear AndyL:

I can certainly look into your case and see what happened. I am sure we have done according to specificactions made to you and  have gone as far as it has been possible. It would help if you emailed me with your specific details so I can give a fuller response to you.

I am happy to do it in public, as you have used this way.

Cheers,

María
 

Hi Maria, I started this thread trying to locate Gotardo Rodriguez.

My name is Andrew Leese and in 2010 signed up with Costaluz as a member of the Inroal Buyers Action Group. The Client Engagement Letter confirmed Costaluz would provide legal representation against both the developer and bank. It also stated if the account where my money went could not be traced, 1000 euros plus VAT would be refunded. It was clear from the documentation I initially submitted I’d paid my deposit to Palmera’s lawyer’s account.

In February 2011 I received a Declaratory Actions Letter from Costaluz recommending a lawsuit against the developer and advising if the developer went in to receivership I would possess a Court Order to collect my money. Despite winning the court action, in September 2014 Costaluz advised me as Inroal was in insolvency administration there was little likelihood of getting my money back.

In March 2014 a year after Inroal went in to receivership and 3 1/2 years after signing up with Costaluz, they advised me their litigation department was researching where my deposit was paid in and the developer bank account before submitting the preliminary procedure. If they could not collect this information, the preliminary procedure would be submitted in the next months. If we they got positive results, they would file the lawsuit against the bank.

Six months later in September 2014 Costaluz told me they couldn’t take any bank action because I’d paid my deposit to the lawyer’s account and it would require an entirely new action with an initial preliminary diligence fee of 1210 euros. I was advised this was to try and get Inroal’s bank information from the bankruptcy administrator. I assume if Costaluz had tried to recover the bank information for my and the other members of the Inroal Buyers Group in the 2½ years they were representing us before Inroal went into administration this new action would not have been necessary. They haven’t offered to return my 1000 euros plus VAT.

After 4 years it appears I’ve been left with a court ruling against Palmera Properties and a director who cannot be traced.

Well Andy the Spanish legal system seems to be consistant at least. About 8 years ago I went through a similar prosess as you. Very quick asking and taking your hard earned money and then keeping you in the dark for years. The outfit I went with also kept my papers and refused to return them so I am very very reluctant  to use them again. A costly leason that was.

 If any legal Spanish company  want to take up my case they are welcome to do so. I certainly will not be paying an up front payment.

Odds are not one will offer.

Andy:

I understand your frustration due to the special way Palmera and their lawyers traded when you bought. Believe me wer are determined to find a solution to you.

Among all the Inroal claimants, there are people in many different situations. At the beginning, when we gave  our service conditions to them all as a group, different level of difficulties could not be foreseen. Inroal was then also a trading company. Its receivership was not a fact then.

This is something commun in legal services, we can state general conditions but there is always the possibility of new events coming to transform the route and its pricing, naturally.

We have obtained necesarry data for actions against Banks for many of Inroal Group clients through the judicial administrator, and have actually already won  a couple of cases against both Inroal and related Bank.

Case won against Inroal and Banco MareNostrum

New case won againsty Inroal and Banco Mare Nostrum

But, in those cases where Palmera was in between, the process is not that easy and clear: in these cases, a higher effort to trace funds is necessary because of the special way Palmera operated as agents, with the use on between lawyers which received your payments and sent them to Palmera Agency account. There is also an important problem as Palmera paid developers with effects which were bounced back afterwards.

 We are not saying funds cannot be traced or found but that in those cases, addittional effort is necessary. It is not easy

I hope this leaves your mind a bit calmer and I am of course available to continue your assistance through the private means as I understan this is not the right place to keep going ahead with this.

Cheers

Maria

Thanks Maria PM sent.

Regards,

Andy

Andy: Answewed. Let´s go ahead!

Hi Maria,

Thanks for your message and your commitment to my claim against Inroal and their bank.

Best regards,

Andy

;)