Pre-court proceedings

Post reply   Start new thread
:: New - Old :: Old - New

Pages: 1 | 2 | Next |

Forum home :: Latest threads :: Search forums
The Comments
14 Oct 2017 19:44 by deeleys Star rating. 17 posts Send private message

Hi 

Can anyone tell me what Pre-court procedings are?  I signed up with a no win no fee lawyer 12 months ago to recover a deposit.  I emailed them after 6 months to see how our case was going and they said no news is good news.  I emailed them again last week and they said it had been sent to Pre-court proceedings, which could take 5 months and then if the evidence in my file is ok they would start court proceedings.  The lawyers claim that the whole process takes between 1 and 2 years (in a worst case scenario).

Thanks 

Steve





Like 0      
15 Oct 2017 10:10 by briando55 Star rating in Yorkshire. 2004 posts Send private message

The pre court or preliminary hearing is to receive claims, counterclaims and check doc

uments are in order and legally presented.    It’s designed to make the trial itself a shorter and more structured event, so a good thing?   

In my case it took a year to get from pre trial to trial (then the case was delayed for 6 months because some documents from the bank were missing!!!!)

Keep asking questions and digging for information.  



_______________________

Best wishes, Brian

 




Like 2      
15 Oct 2017 10:38 by johnzx Star rating in Spain. 5239 posts Send private message

Steve, 

                       You do not give sufficient info for a complete answer to your specific situation,  although Brian has had a fair go at it.

If you Google  "what are Pre-court proceedings" and show the country etc,   you will get a wide selection from which you may find something the same, or very similar to, your situation.

 

Good luck  John

 


This message was last edited by johnzx on 15/10/2017.



Like 0      
15 Oct 2017 22:34 by Steve C Star rating. 66 posts Send private message

Steve

Seems like Brian has had a similar experience and his timescales match with what you are being told. 

I doubt any more details of your own case would change anything or get a better answer.

Good luck be patient and don't  give up

 

 


This message was last edited by Steve C on 15/10/2017.



Like 0      
15 Oct 2017 23:46 by deeleys Star rating. 17 posts Send private message

Thanks for your advice and support.  Hopefully it is a good thing, as Brian stated.  I tried to Google it, but couldnt find any meaningful information.  There is also a 7 year ongoing criminal case against the developer for fraud.  I've not heard anything from our lawyer in years and I have given up on that one.  We probably wouldnt get anything back from it anyway. 





Like 0      
16 Oct 2017 09:09 by DuncanThickett Star rating. 80 posts Send private message

Hello Steve

Sometimes in Spain it is a case of knowing when to throw the towel in. It’s all a game and you are the mug punter. Just pouring more good money after bad into a lawyers pocket and living in hope. By the time you get a result ‘’if ever’’ you will either be in your motorbility scooter or grave.

At least you took a no win no fee, have they tried it on for any extras?.

Turned out nice again.

 


This message was last edited by DuncanThickett on 16/10/2017.

_______________________
Justice? - You get justice in the next world. In this one you have the law.



Like 0      
16 Oct 2017 21:28 by fazarelli Star rating. 282 posts Send private message

Duncan, where do you get this stuff from, the Sun? Do one, you bellend.

 

I had my pre trial a few weeks ago and the judge approved of all my evidence and has set a date approx 6 months later - very quick, so i'm happy. Btw, 1500 up front, and 25% upon completion. PM me if anyone wants the details.





Like 0      
16 Oct 2017 22:11 by DuncanThickett Star rating. 80 posts Send private message

''Do one, you bellend.''

Thank you fazarelli for your kind and polite comments, I am sure as you are a 5 star EOS member they will meet with the moderators approval and set a fine example to all new members.

Love Duncan



_______________________
Justice? - You get justice in the next world. In this one you have the law.



Like 0      
17 Oct 2017 00:01 by deeleys Star rating. 17 posts Send private message

Hi Duncan

Luckily they haven't asked for any money at all.  I had to pay to get the power of attorney sorted with a local solicitor.  They will charge me 30% of anything recovered and hopefully there should be currently 10 years of interest.

The other solicitors who are doing the criminal case charged me 2k 7 years ago and 1k at the end of the trial, but I won't hold my breath on that one.





Like 0      
17 Oct 2017 09:30 by briando55 Star rating in Yorkshire. 2004 posts Send private message

Keep going with the George Formby and Del Boy principle Deeley's.  

Hopefully this time next year you'll be millionaires and it will have turned out nice again.  

(If anyone wants a fair price for the service of a solicitor who is good at this type of case, ask Costaluz for an initial opinion and then a quote). 

 


This message was last edited by briando55 on 17/10/2017.

_______________________

Best wishes, Brian

 




Like 0      
17 Oct 2017 12:30 by fazarelli Star rating. 282 posts Send private message

Duncan,

 

Calling people mug punters is what gets you called a bell end.

 

Briando,

 

I'd hardly call Costa luz a fair price - they want 4.5k up front, then another 4.5k for an appeal, then another 4.5k if it goes to the SC. Plus, they take 30% at the end. That's if they don't increase the charges half way through, like they tried to do with me...





Like 0      
17 Oct 2017 13:35 by DuncanThickett Star rating. 80 posts Send private message

Thank you fazarelli. Rather derogatory comments to post about our guest lawyer. Must be nice for her to know what some members think of her. I admire you for your tact.angry



_______________________
Justice? - You get justice in the next world. In this one you have the law.



Like 0      
17 Oct 2017 14:03 by hughjardon Star rating in Jaywick Sands. 420 posts Send private message

hughjardon´s avatar

Fazarelli 

Surely you did well out of it in THE END even if you did pay them 30k euros 

Love Hugh 

50% of something is always better than 100% of nothing yes 

 


This message was last edited by hughjardon on 17/10/2017.

_______________________
Done the Spain thing Happier in the UK



Like 0      
17 Oct 2017 14:20 by briando55 Star rating in Yorkshire. 2004 posts Send private message

Fazzarelli.  I think your negotiating skills require upgrading.  That’s not the lawyers I recognise!



_______________________

Best wishes, Brian

 




Like 0      
17 Oct 2017 14:28 by gill_malouf Star rating in Stockport, Cheshire. 179 posts Send private message

Hi,

After starting my litigation in 2010 and paying 5K Euro for disbursements, the first instance hearing took place in 2015 (which I thought was a class action but turned out not to be), against Interlaken 2003 SL - of course by this time they had dissolved, so the court hearing was won because they didn't show up - contempt of court no less in Spain.

Last February I had to attend the claim against Caixabank (no individual bank guarantee due to the conveyancing solicitors negligence - btw he is doing very nicely according to his blog!!) and on leaving the court the barrister said 'give it around 2 months'!!!! I have now heard from my current solicitor (who asked for a further 6K Euro and further disbursement funds to pay for a  procurador

After waiting, and waiting, and hearing of other successes where the court hearings were after mine, I have just been told that this could continue for a total of around 2 years....does the Spanish court system want to cause my death??? I am TOTALLY disgusted by this, as a widow currently living on UK Government Benefits of under £400 a month I am surviving - unlike, it appears to me, those who I trusted. 

I am a survivor of multiple frauds, some in Spain and some in the UK. The whole sorry mess is very 'regretable'...but as I'm now 61 my 'life' is far from the lives of those in the Spanish (or English) litigation circles. 

I had to pay 300 Euros to attend the hearing, money that could have been spent on making my life better. I have now given up on Spain because there is NO COMMUNICATION.....if you are a client you should know from the first meeting what to expect..surely??  

 





Like 0      
17 Oct 2017 14:53 by briando55 Star rating in Yorkshire. 2004 posts Send private message

5k for disbursement’s?



_______________________

Best wishes, Brian

 




Like 0      
17 Oct 2017 15:06 by gill_malouf Star rating in Stockport, Cheshire. 179 posts Send private message

Hi again.

I was also under the impression that the claim was going to be for a variety of things that were promised ie misrepresentations. As well as the build taking longer than the contract there were supposed to be shops built on site and the plans showed an enclosed development, not one that resembled a very shoddy social housing estate.

After believing for so long I've come to the conclusion that everyone views me as an idiot, who wasn't used to having money and lost it ever so easily. 

My life will never recover from this. I, along with others, also purchased apartments in Puerto de Mazarron too....the mortgage with La Caixa was arranged by the Estate Agent and the Lawyers (who had PoA). Most of the purchasers felt that organised mortgage fraud went on..in my case no documentation was asked for or given, but a mortgage was offered....yet NO Spanish solicitor wants to look into this. I'm now asking myself why, as there are many individuals who feel that they were duped into purchasing properties that were misrepresented. Most of the apartments were repossessed by 2008, after we were given the keys in 2005. 

I guess a fool and their money, especially if their trusting, are easily parted.      





Like 0      
17 Oct 2017 15:07 by georgie1 Star rating. 91 posts Send private message

What a sad and troubling time a lot of us are having with our experiece in Spain ? what do they say once bitten twice shy .I cant believe all the different quotes from the solicitors ,talk about a licence to print money .


Pre court proceeding



Like 0      
17 Oct 2017 15:19 by mariadecastro Star rating in Algeciras (Cadiz). 9290 posts Send private message

Legal Questions? Speak to Maria Direct

Despite it is not the place to explain  about our feeing system, now that it has been made pubic by Fazarelli, I am happy to explain:

- Our feeing system is and has always been based on minimums established by Cadiz Bar Association, explained to clients sice day one in a very extensive and detailed General Information document.

- Very recently, due to competitors using the no win no fee formula, we had to valuate possibilities of the Law firm for this and offer similar options to clients. Always respectful with the minimums that Bar association established as the contrary would be unfair competition with our colleagues we could be reported and sanctioned about.

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 0      
17 Oct 2017 20:13 by olliereel Star rating. 17 posts Send private message

 Hi all

Ive copied below all the information i posted on another forum in relation to another developent i have been helping people in - if you read through the replies from Briando55 you will see he has posted many times on different forums and directs you all to one particular law firm in Spain - which is fine  - totally understandable  - i have tried to give people an alternative by posting about our lawyer Martin De La Herran from Abolex Abogados who you can read about in the forum posts i made below and is taking hundreds of cases for Irish and Uk investors  - Martins fees and process is completely transparent and all the people we have referred to him have been more tham happy with his openess and more importantly his track record in winning cases - he has yet to lose one .

Having been involved in trying now for 8 yrs to get my own money back i am happy that we have the right man to take our cases

Regarding the questions on preliminary diligences  i know they can take quite a time to conduct and its not the lawyers fault - if you do not have the full evidence to fulfill all the criteria of law 57 /68 then in my experience your lawyer will have to seek the evidence from bankruptcy courts or previous solicitors - this takes time  - we ve had info for client come back in weeks and for others up to a year - once this is all in place your case can be entered into courts and the process can then take between 12 -15 mths - i suupose its a matter of patience which i know is hard as many of us have been in this since early 2000's - but we ve waited this long and for many another few months won't matter as long as our cases are successful.

We have dealt with a number of crap lawyers in Spain and not all of them know enough about Law57/68 and will mess up many cases - we ve already had to deal with victims who lost their cases with lawyers who took their cases and lost them despite the cases been good  - all i can tell you is be careful who you go with and ignore fees as they dont always tell you whether the lawyer is good or not - have a read below and if you want to get in touch feel free to private message me or ring me

Ta

Ollie

 

Hi Brian

Unlike yourself I am not a regular poster of Eye on Spain so I'll try to respond to your last post as best I can. We are both on the same side here in that we both are in a position to help others who like ourselves were screwed over by crooked agents and developers in Spain - you may have a connection to the firm who were successful for you and I have a connection to the Clsims Bureau and Martin de la Herran of Abolex as they have helped myself and my family claim back our lost deposits and my brother and I now work for them as Claims Advisors  in helping others in Ireland to do the same - to answer your queries see below my answers 

  Perhaps you can tell people who the claims bureau UK are, what they specialise in, what their fees and fee structures are, what your qualifications are and professional bodies you belong to?

All you have to do is go on the Claims bureau website or Reclaim in Spain website to get all the info you need - the process and fee structure are all very transparent. 

It may be useful to let this website post know who you work for - I work for the Claims a Bureau along with my brother and we operate  in Ireland as part of a team with UK Claims Bureau and Martin De La Herran in Spain - we meet individual and groups of victims lost in Spain and basically from our own experience are able to guide the clients through the whole process - 

, if you had money reclaimed, - the claims bureau were able to win a claim for me from the Financial services compensation scheme in the UK - this was based on me having received poor financial advice from a regulated advisor who went bust - my wife and I got  the maximum payout from the FSCS of 100k - the Claims bureau charges 25% + 5% VAT so we received 70k - to say we were overjoyed after winning our case is an understatement - we are still down over 100k and hope our case with Martin will be successful. 

why your placing your personal phone numbers in the post and what arrangements you have for receiving photocopies and documents dealing with people's cases.

I use my personal number as our Irish 1850200520 number only works in ROI - I live in N Ireland so NI and UK clients can ring me on my personal mob no - alternatively they can ring the Claims Bureau UK office - 01903868251 

My brother and I arrange to meet most clients personally and take photocopies of all the evidence to be processed by our colleagues in UK and sent to Martin in Spain - we try to make the process as simple as possible from start to finish for clients and arrange their POA with local notaries - 

 

  I suppose your doing all this out of the goodness of your ♥️ - to answer this -

- I gave up my job of 24 years of teaching to take on this job which I have found very rewarding both I terms of a new career and been able to help those who like me lost deposits in Spain and indeed all over the world - i and my brother receive a small % of all claims I handle from the success fee of Martin de La Herran so no I'm not doing this for nothing as you supposed but I am doing it for goodness of my health as I have found that after 24 years of stressful teaching and the last 10 yrs of stress due to our losses it's great to be working at a job where you are making people happy especially for those who had lost all hope - myself and my wife lost our home this summer to one of the same banks in Spain who should be responsible for many law 57/68 claims in Spain - Santander agreed to an IVA with us in July 16 and renaged on the agreement forcing us out of our home - it will give me great pleasure if I can help people get their money back from any Spanish bank as they too in my opinion are as corrupt as the developers were . 

I work from home in Ireland tracking down those people who like me up until last year had never heard of Law 57/68 - I am very transparent in all the interviews I have done in Ireland and UK and if you go in to the Reclaim in Spain website you can hear the latest interview I did on Dublin 106.5 radio station - I can't put link on hear as unlike yourself I haven't posted enough times - anyway that's all I can tell you for now if you  have any other questions I will answer any queries you have - as you said people are free to shop around but I can assure them they will not find a better lawyer in Spain with the knowledge of Law 57 /68 than Martin DeLa Herran and his record of success speaks for itself 

ta

ollie

 

 

 



 

 

 

My response is fairly simple and is from a basis of experience and having my case won by C.L.

We were with Martin during the administration of our builders and the advice was to accept the promise of future money and not to use the law 57/68 because it was too 'unlikely' to succeed.  The administration process was very costly and I was fairly outspoken at the time with the groups of investors saying we would never receive any money from the bankruptcy process.  We took our lawyers advice, it was costly and was both fruitless and imho pointless.

At the time Martin was of the opinion 57/68 was not worth following up.   We came across CL on this site and through testimonials, they were the real pioneers and I respectfully suggest you look back in time (and having researched 30 solicitors as you claim you probably already know anyway).

Yes your absolutely right there are upfront fees which your lawyers may or may not help you meet as you go along, but there are also no win no fee arrangements with some lawyers or their representatives that take lots and lots of money from the investors at the end of the case, and these financial arrangements seem to have many hangers on making money for doing very little. Capitalism at its very base and worst manifestations.   

Anyway these are my observations having gone through the personal hell this situation throws up, so anyone reading this, shop around and ask very serious questions before you sign up to anything.

  Perhaps you can tell people who the claims bureau UK are, what they specialise in, what their fees and fee structures are, what your qualifications are and professional bodies you belong to?

It may be useful to let this website post know who you work for, if you had money reclaimed, why your placing your personal phone numbers in the post and what arrangements you have for receiving photocopies and documents dealing with people's cases.   I suppose your doing all this out of the goodness of your ♥️ 


This message was last edited by briando55 on 18/08/2017.


_______________________

Best wishes, Brian

 



 

 

 

 

 

Hi Brian

Thats what you may have been told by C.L  - but after researching over 30 Law firms before finding Martin DLH we know the real pioneers  - Martin DE La Herran along with 5 colleagues took six case in 2012 on a trial basis to test Law 57/68 - In 2015 the first 5 were successful and the final case was ruled on in March 2016.  - these cases set the precedent for the banks to have to pay out under Law 57/68.

I myself spoke to  a CL lawyer back in 2010 and at that stage we were told if we paid 5k up front they may look in to our case  - they told us nothing could be done unless we paid for their services . Yes -  Keith Rules case was successful but at what cost - we have taken on many people who could not afford the upfront costs of other Law firms and if you want to speak to Pauline McDonagh ( retired Garda detective ) who i mentioned in my previous post she will tell you of her experience with C.L -

Martin de La Herrans record of success speaks for itself and Yes people are free to ask other lawyers as a well and may have success  - we're just happy we choose the right one  - not all lawyers know this law and we ve already had a number of dissappointed investors who had their cases messed up by incompetence.

Good luck in whoever you go with

Ta

Ollie

 



 

 

 

The advice we had from Martin at the time of the banking collapse was to leave the option of taking the banks to court through ley  57/1968.  

The real pioneer lawyers for retrieving money have been costaluz through Keith Rule.  

Anyone reading this post should consider asking other lawyers as well.   It would make no sense not to. 

 


_______________________

Best wishes, Brian

 



 

 

 

Hi all

Ollie Reel from Armagh here - 00447557747931  or Irl lo call 1850200520 - or private message me here

Since i posted last year to let people know that there was a chance to Claim back our deposits in Spain we have been helping hundreds who never knew this could be done in both Ireland and UK - so far Martin De La Herran of Abolex law firm in Benidorm and myself and my brother John with the help of the Claims Bureau Uk have over 350 cases submitted to the Spanish courts and we are expected a whole raft of payouts for clients in next few months only 12 months since the Claims were started. We also have had a number of 6 month payout for a few UK clients and Martin de la Herran has had 100% success in over 130 cases over this last year which he had started before he met us  - so we know it works and we know Martin is the best placed lawyer in Spain to act on our behalf as he was the lawyer responsible for the precedent been set in the Law 57/68 cases and knows it inside out - if you think you have a case he will look at your paperwork - give his opinion ie good or bad and if he is 100% sure your case falls within the stipulations of the law then your case can be submitted to court - he doesnt charge anything up front for his services and only gets paid if your case wins. The only thing you have to do is seek POA ( Power of Attorney to allow Martin to act on your behalf in the Spanish courts.

Many Lawfirms have since jumped on the bandwagon offering all sorts of incentives to take on our cases - different % fees etc but they all seem to work out around 35% of the claim ,   but having experienced a lot of them myself in my own case  i know now that many are bluffers and in fact are charging hidden fees or not including all the interest or court fees awarded - so my message is be careful who you go with as you have only one bite at the cherry. If your lawyer messes up your claim you cannot have a second go .

The 65% you get back at the end usually works out that you get your full deposit back and the interest accrued over the 10 -15 yrs you bought pays the lawyers fees - how many of us would take arm amd all if someone told you . you have a chance to get your deposit back .

Another advantage Martin de la Herran has that no other law firm have in Spain is he has myself, my brother John and retired Garda Detective Pauline McDonagh ( Forde)  in Ireland /NI /UK and the Claims Bureau in the Uk working on the ground helping people to get together their paperwork  - we try to make the claim as simple as possible and all you have to do is scan and email or photocopy and post your evidence to us and we'll handle everything from there. You do not even have to meet Martin or travel to Spain and if your case is good and you have all the right paperwork ie copy of contract , proofs of payment to developer and any emails ,receipts , letters from agent/developers then in 12 -15 months your case could be over.

I have been on a few radio programmes in Ireland LMFM  , Cork96FM, OceanFM Sligo and Radio Nova and Sunshine Radio Dublin and Reclaiminspain  /The Claims Bureau have run adverts on Sky channel and RTE TV3 etc 

You can check the websites for reclaiminspain and please do contact us on 00447557747931 or Irl lo call 1850200520 if you think you may have a claim. As its NO Win No Fee its worth a shot - hopefully we can help.

Feel free to private message me as well if you have any questions

Ta

Ollie





Like 0      

Pages: 1 | 2 | Next |

Post reply    Start new thread


Previous Threads

Modelo 210 for Los Alcazares, Murcia - 1 posts
Mortgage settlement - 5 posts
HOLIDAY RENTAL - 9 posts
Long term rent Marbella - help needed pls - 5 posts
How long to buy - 3 posts
Detail on Wealth Tax - - 5 posts
Renewing your Padron every 5 year-Legal or not - 4 posts
Thinking About Moving to the Costa Del Sol - 1 posts
A UK Government Petition for protecting British expats and travellers - 0 posts
Uk property tax - 43 posts
Car rental scam -BEWARE - 18 posts
FM Spanish Properties - 0 posts
Electrical installation and power needs for new house - 6 posts
Hi all - 4 posts
Umbrella companies in Spain - 2 posts
Fire regulations for communal garages - 3 posts
Urgently needed treasurer - 1 posts
Reform of the judicial model in Spain - 5 posts
Spanish arcehtypes - 1 posts
Link to check on Lawyers´s membership at Bar Association - 0 posts
FCO Consular Services Petition - Please sign and forward - 0 posts
Project help from locals! - 0 posts
No IHT in Andalucia from January, 2018 - 2 posts
classic car insurance - 4 posts
European Court on multy-currency loans - 2 posts

Number of posts in this thread: 28

DISCLAIMER:  All opinions posted on these message boards are the opinion solely of the poster and do not necessarily reflect the opinion of Eye on Spain, its servants or agents.


1 | 2 |
Our Weekly Email Digest
Name:  
Email:
   


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x