Spanish legal fees - taken all of our Interest on deposit

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01 Apr 2016 22:49 by DLTaylor Star rating. 2 posts Send private message

Hi,

Wish i'd found this forum a long time ago.  I have just been successful in a class action using Guadeloupe (i can see others have also used).  we recently recieved a breakdown of costs. As an example ...We are due full deposit circa 35,000e and 11,000e in interest.

We have been charged fees equating to the full interest!   When starting the class action there was no real mention of this. We paid a heafty fee up front and additional fees along the way.  Others in our class action are owed more (I wonder if their interest goes to the lawyesr too)- i just dont understand how the fees are so large - given its a class action.

Does anyone else have experience of paying these level of fees and are they contestable?

It feels that the spanish legal system is doing rather well out of this.

Any advice would be great.

Kind regards

 


This message was last edited by DLTaylor on 01/04/2016.


This message was last edited by DLTaylor on 01/04/2016.


This message was last edited by DLTaylor on 01/04/2016.



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02 Apr 2016 00:11 by gill_malouf Star rating in Stockport, Cheshire. 161 posts Send private message

Hi,

 

I used a solicitor near the one you used. I didn't know much back in 2006 about Spanish solicitors but I do now! I used Don Colombo Garcia. I paid 19900 euro and I am being sued for a further 20 odd thousand euro. He won the first instance and the developers appeal.....yet despite winning both cases no funds were transferred to him from the developers (Sol Mijas Developers SL - who, it turns out, were part of the Russian mafias money laundering operations)/ Last May the above solicitor contacted me (I moved to a more approachable solicitor in the meantime because of the unreasonable fees) via facebook to say that the developers wanted to give me money....well. am still waiting!





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02 Apr 2016 11:09 by DLTaylor Star rating. 2 posts Send private message

Hi,

im sorry to hear you have been through. It sounds like the Spanish lawyers are mis-selling their services and making a disproportionate amount in each case. And unfairly in yours. I do hope you see your money in the end.

Our case was against the banks, rather than the developers, so maybe that explains some of the difference.

Has anyone successfully recovered a bank guarantee only to find that the Spanish lawyers take a higher fee. I'm interested to see if this is normal behaviour or another case to contest.

i would be interested to hear other examples from the community.





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02 Apr 2016 14:43 by gill_malouf Star rating in Stockport, Cheshire. 161 posts Send private message

Yes, I finally got the capital back via Maria from Costaluz.....she could see how determined i was. I am using Costaluz for a second deposit claim as well.





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05 Apr 2016 14:14 by gill_malouf Star rating in Stockport, Cheshire. 161 posts Send private message

Were you told that the other side should refund you the legal costs? I got my bank guarantee interest and legal costs back about 18 months after the actual deposit refund (less the solicitors legal costs).

 

I find it annoying that the legal system in any country takes time, it's as though they expect us to give up almost!





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05 Apr 2016 23:26 by john123 Star rating. 87 posts Send private message

Hi,  I received, from my solicitor Emilio Lucas, my deposit plus some of the total interest just a few months after the first instance hearing!  the bank, BBVA, appealed and I was informed last week that the court [appeal hearing 26 Jan] reversed the decision to award me all legal costs so now I have to pay mine.  it does seem that every case is different and there doesn't seem to be any consistency with regards to courts' decisions, how different solicitors treat their clients, solicitor's costs nor the amounts clients receive.  those of us who were fortunate enough [sometimes simply by pure good luck] to engage honest, conscientious and respectful solicitors seem to fare much better than those who were unlucky to choose unscrupulous and even criminally minded solicitors.  





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06 Apr 2016 00:02 by ads Star rating. 3021 posts Send private message

Does Emilio Lucas consider this reversal of award of costs should be appealed at the Supreme Court given the fact that Maria recently identified that costs should now be awarded following Costaluz's recent successful SC appeal against Bankia? On what legal grounds was your award of costs overturned? Does the fact your appeal was prior to the recent SC ruling play some part in this scenario?

 


This message was last edited by ads on 06/04/2016.



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07 Apr 2016 18:22 by Andrew Wilford Star rating. 175 posts Send private message

Hi "D L Taylor" ... I agree with you ... it is disgusting that Guadalupe retained all the interest and quite possible illegal! Then again try and find a Lawyer who will sue another Lawyer and you will be lucky!  I too am in the process of making a Ley57/68 claim against Cajamar and being aware of the sort of sums that Lawyers wanted; Guadalupe is NOT alone ... another prominent Lawyer down in the South wanted 30% of the total sum reclaimed PLUS A HEALTHY CHUNK UP FRONT! In the end I went to a Lawyer in Barcelona AGREED the TOTAL fees up front and expect to recover everything plus the interest.

I have learnt from experience to NEVER be too trusting of ANY Spanish Lawyer as they all see to see the "Brits Abroad" as suckers ready to be stung. However if anyone wants the details of my Lawyer I will happily put you in touch. His fees will be very reasonable and clear and none of this ridiculous "end game" expected to be paid by "Victims" of Spanish Property Fraud"!





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07 Apr 2016 21:42 by GuyT Star rating. 448 posts Send private message

I sympathise. On a different thread there was some twit insisting that "Continental" entities have a similar concept of "fair play" to what you could expect from your local Cotswold planning authority, UK banks, or UK lawyers. While UK lawyers are as venal as any, they are nonetheless sensibly tethered by UK legislation. 





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07 Apr 2016 21:58 by Andrew Wilford Star rating. 175 posts Send private message

Hi Guy ... I could have been very much more "vitriolic" than I was but then Guadalupe  gets upset when i REALLY SAY WHAT I THINK of Spansih Lawyers! The problem is they have seen so many corrupt developers steal from innocent UK Buyers that they appear to say collective "... hold on a bit ... I want some of that easy meat"! I was ripped off in the Trampolin fraud about 10 years ago to the tune of +-€200,000 and am still chasing Cajamar for the reclaim on Ley57/68 Regards Andrew





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