Conveyancing and errors in Bank Guarantees

Hello,

In 2004 I had the misfortune to meet Andalucian Dream Homes and have regretted stopping at their stand at a Property Show. I paid a 30% offplan deposit using Lawyers of Spain (as introduced by ADH and now I know this was a major mistake). A few months down the line I obtained a copy of the Bank Guarantee. It didn't include the IVA. Anyway, after much stress and expense I got paid out by the bank, however there is still a matter of 5565 Euro plus interest to be paid. What do I do. There seems a general reluctance to sue the director or the practice - I should mention that the original solicitor i engaged (through someone else with a hidden agenda) to obtain my deposit back didn't mention anything (He did say that 'it was merely money and I still have my health'...my husband passed in 2010 so he was truly sensitive!). He took the Developer to court and I won, and then the usual appeal happened, This solicitor also billed me for approximately 40k Euro despite not getting any actual refund. I could only pay 20k Euro so he said that I'm dishonourable!!

My situation is dire yet everyone wants to earn money off me...I need to apply for the IVA back.

I should also mention Sol Mijas Developers SL were in the press as a money laundering company and also for some reason last year started negotiating with my old solicitor, who I didn't want to negotiate because of the massive charges. He didn't allow my present solicitors to take over so I have lost costs and interest for the developer fight.

I so regret thinking that I could do something in Spain that would be positive.

Any suggestions or advice gratefully accepted ...PM me if the nature of your response is sensitive.   

So sorry to hear of your situation.

I thought that when you give power of attorney to a new solicitor with regard to any continuing litigation re a lawsuit, that this cancels the POA relating to the original solicitor to continue acting on your behalf?

Also I thought that a BG protected ALL deposited monies for which you have proof of being transfered to conveyancing lawyer / developer account(s),  in the event of developer breach?

Perhaps Maria could clarify on both the above?

This is difficult to explain! Although I had POAs for both solicitors apparently in Spain the first solicitor has to agree. However, prior to using Costaluz I used a UK based Notary. (So it was not a straightforward move.) The first solicitor wasn't my choice, I was 'introduced' to him via an English couple who later took me for £10k.

Apparently Sol Mijas Developers simply would not respond to Costaluz telephone calls. Given that when I downsized I originally had a house with no mortgage and over £210k in the bank now I have simply paid off the remortgage I took out. The house i downsized to was owned by an elderly woman so it was sold as a 'doer upper' - my intention was to do just that and move (my daughter was in the middle of her A levels). I have been a prisoner in this house now for over 12 yrs, and still have pictures,mirrors etc leaning against walls and boxes  unpacked. I have wanted to start a business, bust as a survivor of child abuse I didn't realise that I overtrust individuals and in the past have been easily manipulated....I've just turned 60 and after a decade of stress want to close this chapter and have input to society (I am recently on ESA).

I'll be writing either an article about my experiences or possibly a book very soon.

The main thing that annoys me is that the conveyancing solicitor should have done something about the bank guarantee being wrong. As a foreigner and someone who has never had a bank guarantee before I didn't understand.....I only really understood when Marias team won the claim in court. I started enquiring about the IVA and nothing seemed to amount to anything. It seems suing solicitors for lack of due diligence or professional negligence for loosing my iVA (and a further email where the Lawyers stated there was a bank guarantee for a second 30% deposit) and also for stating that a bank guarantee was in my name but in actual fact was an en masse  one....causing much more grief!

CAVEAT EMPTOR

Nuff said Hugh xx

When your dealing with 'professionals' you don't expect cock ups like this....5565 Euro converts to around £4800 - enough for me to buy a car (which i have done without for the past decade due to legal costs (I am a serial survivor of these 'overtrust' cases ..ie an organised mortgage fraud claim where the solicitors charged £35k plus VAT (£7k) and this was for over 2 yrs of negotiation....I had to pay for the sale of the property at auction and no acknowledgement of what i was put through or financial expense) ).

The other parties paid the solicitors costs but didn't claim any liability - very disappointing really.

As someone inexperienced I didn't know that certain 'well known' solicitors practices didn't do their jobs properly. The director responded to my complaint email by being smug and condescending. I admit looking back I was a lamb being sent to the slaughter....nievity has a high price. Spanish Law Colleges mention Professional Indemnity but I am not sure about how to go about seeking redress - the fact that the practice didn't do their job right was also relevant to an email I received in later years from an ex partner who was splitting from the business due to unethical practices!

This message was last edited by gill_malouf on 16/11/2016.