I won my first instance case against banks

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17 Mar 2018 12:11 by fazarelli Star rating. 282 posts Send private message

Hi All, just had some great news, and after about 10 years of waiting, finally been told that I won my case!

I'm wary of providing specific details, but it's been well over 10 years since i paid my deposit, the court was in Costa del Sol, and there were multiple banks holding parts of my deposit and stage payments. Luckily I'd kept bank statements, receipts, contracts and therefore the payments were traceable. The banks have 20 days to appeal, however, one of the banks has recently NOT appealed against a first instance ruling, so i'm hopeful that they won't. If they do appeal, it could take 12-18 months to go to court. The court have stated that interest is applicable from day one.

If anyone wants to ask me any questions, then please feel free to ask on here or in PM.

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17 Mar 2018 13:53 by GuyT Star rating. 486 posts Send private message

This is indeed great news for you.


Let us know when the cheque's cleared.

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18 Mar 2018 12:38 by gazzap Star rating. 39 posts Send private message

Hi fazarelli great news we are in the process of taking the bank to court we’ve had our first hearing and the next is

in may could you tell me how long it’s been since first day at court to when you got your decision and how many times 

it went to court just getting ourselves ready for a wait  any info would be great thanks Gary 

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18 Mar 2018 13:59 by fazarelli Star rating. 282 posts Send private message

thanks gazzap.

I initially instructed my solicitor exactly 2 years ago. It took about 6 months or so to present the case to the court. We then had our pre-trial/preview meeting about 6 months ago. Then we had the first instance hearing about 2 weeks ago...and they only took 5 days to reach a verdict. The banks (there are several involved) have 20 days to respond with an appeal, or hand over the money. Interest is accruing from date of all payments. However, if they appeal, this could add 12-18 months on to the final judgement.


When you say first hearing, do you mean like a pre-trial/preview, were the parties get to come to a settlement, rather than go to court later? I would expect your first instance court hearing to be around 6-9 months later, like mine.

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