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I'm in more or less the same situation as Markbhoy, though my case is, in a way, further forward. I used Plus Advisors and they did absolutely nothing to help me get my deposit back. Since then I used another (real) Spanish law firm to take my case to the Court of First Instance, where I lost against the particular bank in my case. I believe - though I am still trying to obtain a copy of the sentence document - this was because the Fortuna apartments are classed as 'touristico' and not residential, which the banks use as an excuse not to issue bank guarantees under Law 57/1968.
Although I am encouraged by the news that the Supreme Court emphasises the protective nature of Ley 57/1968, the judge's decision in my case was apparently definitive. Does this mean I have no right of appeal, even in the Supreme Court? Your thoughts on whether I have a right of appeal would be greatly appreciated.
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Some good news from the Spanish Legal system finally forcing the banks to honour bank guarantees.
http://murciatoday.com/landmark-judgement-in-valencia-ensures-compensation-for-buyers-on-trampol%C3%ADn-hills_29847-a.html?subject=&category=
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Legal tip 1179. NEW! WON CASE AGAINST BANCO CAM (now ...
18 Jul 2014 ... NEW WON CASE AGAINST BANCO CAM (now BANCO SABADELL) FOR PROMOCIONES EUROHOUSE FORTUNA HILLS DEVELOPMENT: ...
www.eyeonspain.com/.../Legal-tip-1179-NEW-WON-CASE-AGAINST- BANCO-CAM-(now-BANCO-SABADELL)-FOR-PROMOCIONE...
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Legal tip 1294. NEW! WON CASE against BBVA for ...
30 Apr 2015 ... WON CASE against BBVA for PROMOCIONES EUROHOUSE Buyers on Residencial FortunaGolf & Apartamentos Turísticos Pueblo La Sal
www.eyeonspain.com/blogs/costaluz/.../legal-tip-1294-new.aspx
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Legal tip 1332. NEW! WON CASE in PROVINCIAL APPEAL COURT ...
8 Oct 2015 ... WON CASE in PROVINCIAL APPEAL COURT AGAINST ... 'RESIDENCIAL FORTUNA GOLF RESORT' We were pleased to our clients today ...
www.eyeonspain.com/.../legal-tip-1332-new-won-case-in-provincial-appeal- court-against-caixabank-for-promociones-eurohouse-2010-sl-buy...
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Legal tip 1341.NEW! WON CASE in FIRST INSTANCE COURT ...
12 Nov 2015 ... WON CASE in FIRST INSTANCE COURT AGAINST CAIXABANK ... 2010 S.L. BUYERS AT 'RESIDENCIAL FORTUNA GOLF RESORT' We ...
www.eyeonspain.com/.../legal-tip-1341new-won-case-in-first-instance-court- against-caixabank-for-promociones-eurohouse-2010-sl-buyers-at-...
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Legal tip 1348. NEW! WON CASE in PROVINCIAL APPEAL COURT ...
27 Nov 2015 ... WON CASE in PROVINCIAL APPEAL COURT AGAINST BBVA FOR PROMOCIONES EUROHOUSE BUYERS AT RESIDENCIAL FORTUNA ...
www.eyeonspain.com/.../legal-tip-1348-new-won-case-in-provincial-appeal- court-against-bbva-for-promociones-eurohouse-buyers-at-residen...
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Legal tip 1310. NEW! Bank Action won against CAJA RURAL ...
7 Jul 2015 ... PROMOCIONES EUROHOUSE 2010 S.L. - BANK ACTION WON IN ... CENTRAL FOR BUYERS AT FORTUNAGOLF RESORT & PUEBLO LA ... Re: YOUR CASE AGAINST CAJA RURAL CENTRAL HAS BEEN WON IN THE ...
www.eyeonspain.com/.../legal-tip-1310-new-bank-action-won-against-caja- rural-centra-for-eurohouse-buyers.aspx
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Legal tip 1368. NEW! WON CASE in FIRST INSTANCE COURT ...
19 Feb 2016 ... WON CASE in FIRST INSTANCE COURT AGAINST ASEFA S.A. FOR ... IN FORTUNA GOLF, APARTAMENTOS TURISTICOS FORTUNA GOLF ...
www.eyeonspain.com/.../legal-tip-1368-new-won-case-in-first-instance-court -against-asefa-sa-for-our-client-who-purchased-an-off-plan-prope...
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Legal tip 1361. NEW! WON CASE in FIRST INSTANCE COURT ...
29 Jan 2016 ... WON CASE in FIRST INSTANCE COURT AGAINST CLEYTON GES S.L. ... today that we hadwon their case against developer, Cleyton GES S.L. &a. ... IN FORTUNA GOLF, APARTAMENTOS TURISTICOS FORTUNA GOLF ...
www.eyeonspain.com/.../legal-tip-1361-new-won-case-in-first-instance-court -against-cleyton-ges-sl-banco-cam-sau-for-finca-parcs-buyers-at-l...
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Legal tip 1367.NEW!WON CASE in FIRST INSTANCE COURT ...
17 Feb 2016 ... WON CASE in FIRST INSTANCE COURT AGAINST BANCO ... BANKIA IN FORTUNA GOLF, APARTAMENTOS TURISTICOS FORTUNA GOLF ...
www.eyeonspain.com/.../legal-tip-1367newwon-case-in-first-instance-court- against-banco-santander-promaga-for-our-client-who-purchased-a...
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Legal tip 1366. NEW! WON CASE in FIRST INSTANCE COURT ...
17 Feb 2016 ... WON CASE in FIRST INSTANCE COURT AGAINST BANCO ... BANKIA IN FORTUNA GOLF, APARTAMENTOS TURISTICOS FORTUNA GOLF ...
www.eyeonspain.com/.../legal-tip-1366-new-won-case-in-first-instance-court -against-banco-popular-for-our-client-who-purchased-an-off-plan...
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Legal tip 1373.WON CASE in PROVINCIAL APPEAL COURT ...
23 Mar 2016 ... WON CASE in PROVINCIAL APPEAL COURT AGAINST CAJA ... CASE in FIRST INSTANCE COURT AGAINST BANKIA IN FORTUNA GOLF, ...
www.eyeonspain.com/.../legal-tip-1373won-case-in-provincial-appeal-court- against-caja-granada-now-banco-mare-nostrum-and-promociones-...
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Legal tip 1240. NEW! Won case at Murcia Appeal Court against ...
4 Dec 2014 ... HUMA MEDITERRANEO - BANK ACTION WON IN PROVINCIAL APPEAL ... Won case at Murcia Appeal Court against HUMA and BANCO POPULAR .... IN FORTUNA GOLF, APARTAMENTOS TURISTICOSFORTUNA GOLF ...
www.eyeonspain.com/.../Legal-tip-1240-NEW-Won-case-aat-Murcia-Appeal -Court-against-HUMA-and-BANCO-POPULAR.aspx
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Legal tip 1378. LEY 57/1968 WON CASE in FIRST INSTANCE ...
19 Apr 2016 ... Legal tip 1378. LEY 57/1968 WON CASE in FIRST INSTANCE COURT AGAINST BANKIA IN FORTUNA GOLF, APARTAMENTOS ...
www.eyeonspain.com/.../legal-tip-1378-ley-57-1968-won-case-in-first- instance-court-against-bankia-in-fortuna-golf-apartamentos-turisti...
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Many results already in Fortuna. Optimize hope!
This message was last edited by mariadecastro on 29/04/2016.
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Whilst enjoying a little browse through the old threads, I came across this one.
l am one of the lucky clients on the list that had a (partial) win.
However, to date, I have still not had a penny (or peseta) back.
I wonder how many others on that list are still waiting?
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I thought it only fair to place another comment on this thread, and it refers to my last comment in November.
I have had my deposit back now, albeit awaiting a final decision from the Supreme Court, whenever that may be, but it's in my hands, and it is a partial win. This is due to my deposit going to 2 banks, the location of the 2nd part has recently been discovered, so, legal proceedings are commencing for that, fingers crossed on that.
Overall, feeling more confident that my full deposit will be returned.
The lost interest I was also looking forward to, gets swallowed by legal fees though, upwards and onwards.
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At least that's something Jerry. The exchange is presumably in your favour now though?
Can you give us any further details (you can tell small fibs if you're worried about compromising your case. Just basic details would help)? When did you buy the property? When did you start your legal action? What region? Was interest applied from day one?
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I put down the deposit in 2006, in the Mercia region, starting legal proceedings in 2009.
I understand interest starts from the day the deposit was transferred, although I have not yet received the breakdown of costs awarded or charged, The court fees basically cancel out the interest I was hoping to get, but I do have the partial win in my account, and am feeling more positive about the remainder.
i had, if I'm honest, not expected to get anything back, so I don't like to dwell on the negatives, only embracing the positives.
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