Fight keeps going! Costaluz Lawyers won cases in 2018 and 2019

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08 May 2019 8:03 PM by sandra Star rating in . 812 posts Send private message

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Angeleyes1

I seriously doubt the Spanish justice system and those working in it have any intention of implementing any justice against a Spanish national wherever possible

I am English so what has your comment to do with me? Also what evidence have you, as your statement implies, that people who won  genuine cases against developers are generally being denied the reutrn of their money?

Have you lost out ?



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08 May 2019 8:13 PM by angeleyes1 Star rating in Camposol & Bradford. 403 posts Send private message

angeleyes1´s avatar

Sorry Sandra

I sincerely apologise. I did not realise you had been fully refunded all your money with interest and all your legal and court costs.

Well done.



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08 May 2019 8:54 PM by sandra Star rating in . 812 posts Send private message

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angeleyes1

I hoped I might get an informative and constructive reply, not a loaded and sarcastic one.

I apologise for asking, I can see that you still have bitter memories.



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08 May 2019 9:01 PM by sandra Star rating in . 812 posts Send private message

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Ads and Maria, thank you for your replies which have boosted my hope that we may eventually see our money again.

We just have to keep healthy! wink



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09 May 2019 9:14 AM by ads Star rating. 4124 posts Send private message

Maybe it’s worth reflecting on a thread back in 2016 when the matter of “reckless litigation” was discussed.

https://www.eyeonspain.com/forums/posts-long-21916p1ondak-.htm

 

With this in mind Maria....

 

On one of the community threads https://www.eyeonspain.com/community-forum/35266/lawyers-fees.aspx a poster recently identified that after waiting a couple of YEARS since submission of a Bank’s appeal against costs, it has just been rejected by the SC. 

Would you know if this was due to non admission, as you also identified back in April 2016 that  “Supreme Court does not issue doctrine on Costs as this matter is regulated by a Procedural Act.” 

 

This begs the question, to your knowledge, are piecemeal actions submitted by the Banks to the SC being subsequently DENIED admission? 

In your experience, are questionable appeals to the SC now proving of growing concern?

 

Do you consider some of these appeals to the SC as reckless litigation?  And more importantly are Banks being made fully accountable, to act as fair and appropriate disincentive?

Where highly questionable appeals exist, is there any opportunity to swiftly highlight this after a Banks appeal submission to the SC, in order to speed up the process, or does the system leave little option but for the innocent purchaser to remain exposed to MAJOR continuing delays of this order?

 

Once a final ruling has been achieved, how long for instance does it take to actually retrieve awarded costs and interest ( best and worse cases). Are these now being increasingly contested by the Banks? Is this being effectively monitored and addressed?

 

 


This message was last edited by ads on 09/05/2019.



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09 May 2019 10:10 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

mariadecastro´s avatar

Ads: Answers to your questions below in bold orange :

Maybe it’s worth reflecting on a thread back in 2016 when the matter of “reckless litigation” was discussed.

https://www.eyeonspain.com/forums/posts-long-21916p1ondak-.htm

 

With this in mind Maria....

 

On one of the community threads https://www.eyeonspain.com/community-forum/35266/lawyers-fees.aspx a poster recently identified that after waiting a couple of YEARS since submission of a Bank’s appeal against costs, it has just been rejected by the SC. 

Would you know if this was due to non admission, as you also identified back in April 2016 that  “Supreme Court does not issue doctrine on Costs as this matter is regulated by a Procedural Act.” I would need to see the SC  Inadmission Judicial Decree. There is some debate on " doubts of facts and rights" at Appeal level, it is possible that this matter has come to the Supreme Court. 

 

This begs the question, to your knowledge, are piecemeal actions submitted by the Banks to the SC being subsequently DENIED admission? Yes, many. They are being rejected by the SC stating that Case Law in clear since 2015 and there is no reasons for a change.

In your experience, are questionable appeals to the SC now proving of growing concern? Not, really. Supreme Court is stating once and again that Doctrine cannot be changed.

 

Do you consider some of these appeals to the SC as reckless litigation?  And more importantly are Banks being made fully accountable, to act as fair and appropriate disincentive? Yes, I think they are.

Where highly questionable appeals exist, is there any opportunity to swiftly highlight this after a Banks appeal submission to the SC, in order to speed up the process, or does the system leave little option but for the innocent purchaser to remain exposed to MAJOR continuing delays of this order? 

Civil Procedure Act: Article 485 Admission and transfer to the other parties

Once the cassation appeal has been admitted, the Court Clerk will send the filing document, with its attached documents, to the party or parties appealed, so that they formalize their opposition in writing within a period of twenty days and state whether they consider it necessary to hold a hearing. .

In the notice of opposition, the grounds for inadmissibility of the appeal that are considered existing and that have not already been rejected by the Court may also be alleged.

Once a final ruling has been achieved, how long for instance does it take to actually retrieve awarded costs and interest ( best and worse cases). Between 9 and 12 months. Are these now being increasingly contested by the Banks? At present there are more appeals by banks due to different reasons

(1) case law of depositers banks and of guarantoors have been somehow mixed up and misunderstood by some judges and Appeal Courts.

(2) Supreme Court has exceptioned responsibility --for both liabilities of depositers and guarantoors and without taking into accountg substance differences between one and another liability---,  in cases where payments were made in a different way/ account to what it was agreed in contracts and in a way that left banks/insurers without control possibilities.

(3) Banks are arguing more and more the investor profile of the buyer, Appeals Courts are being quite reasonable and fair when addressing this matter

(4) Banks are arguing more and more " unloyal/delayed claim", samehow Appeals Courts are being quite reasonable and fair when addressing this matter

(5) Banks are also trying to avoid imposition of legal costs by arguing " doubts of facts or rights", which, again, is being well solved by Appeal Courts. 

So I would say that there is a more active, varied, defense by Banks but that they have Case Law against them in a big and meaningful extent.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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09 May 2019 12:46 PM by ads Star rating. 4124 posts Send private message

As ever, thank you Maria.

Is it your understanding that GENERAL  guarantors when named in the purchase contract have no excuse for lack of awareness and administrative responsibility to “control” and ensure correct safeguarding of deposited monies, and ultimately retain their obligations as guarantors, and is this sufficiently recognised now in SC doctrine to act as supportive case law going forward, both in terms of return of principal monies and award of correctly backdated interest? Is this yet fully established to act as guidance to judges, in order to avoid the instances you recognised, where confusion has arisen?

But this also brings to the fore those instances where there was no cross reference in the purchase contracts to an existing guarantor, so where does this now leave those exposed to this scenario, both in terms of depositer Banks and General Guarantor Banks? Are their inalienable rights still protected? Is this solely dependent thereafter on proof of monies being deposited into developer accounts under again the presumption that an EXISTING guarantor for any given development has obligations to ensure adequate control and administrative procedures are adhered to?


This message was last edited by ads on 09/05/2019.



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09 May 2019 1:20 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

mariadecastro´s avatar

Ads:

Answers below in bold green :

As ever, thank you Maria.

Is it your understanding that GENERAL  guarantors when named in the purchase contract have no excuse for lack of awareness and administrative responsibility to “control” and ensure correct safeguarding of deposited monies,

It is my undestanding, acoording to recent Supreme Court Case Law that if payments were made according to the contract / or the claimant can prove that the guarantoor was able to control payments, even made in a differnt way to the contract, guarantoor is liable. Excetions are when the guarantoor had no possibiolities of control of any sort.

As per  Ministerial Order of November 29, 1968 on the insurance of off plan adnaced amounts, it says that in the general condition of the collective insurance contract, the following shall appear as minimum conditions, uniform for all the insurance entities:

a) The respective contracts of  sale of hosues are part of the insurance, the drafting of which, as well as that of any modification in its terms, must have been submitted to the prior knowledge of the insuring Entity.

b) The insurer may verify during the validity of the insurance the documents and data available to the contracting party that are related to the obligations contracted by  the insured and, particularly, movements of special account opened for that purpose.

 

and ultimately retain their obligations as guarantors, and is this sufficiently recognised now in SC doctrine to act as supportive case law going forward, both in terms of return of principal monies and award of correctly backdated interest?  Yes, Supreme Court is just exceptioning liabilities when Bank could not known/ controlled. Is this yet fully established to act as guidance to judges, in order to avoid the instances you recognised, where confusion has arisen?

Some confusion has arised, in my opinion because possibilities of control are based on different facts if the action is against the depositer and/or guarantoor.  Recent Supreme Court decissions treat them in a general way. Before this, I have also seen some ---as an exception--- confussion by some judges. Good lawyers need to argue and deffend on the corresponding Appeals. That is how Law and Justice work.

But this also brings to the fore those instances where there was no cross reference in the purchase contracts to an existing guarantor, Supreme Court is stating that reponsability of Guarantoors is not based on if buyers were or not aware of the existence of these guarantees but on the existing of them per se.  so where does this now leave those exposed to this scenario, both in terms of depositer Banks and General Guarantor Banks? Are their inalienable rights still protected? Yes, of course. Is this solely dependent thereafter on proof of monies being deposited into developer accounts under again the presumption that an EXISTING guarantor for any given development has obligations to ensure adequate control and administrative procedures are adhered to? Correct.

 


This message was last edited by mariadecastro on 09/05/2019.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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21 May 2019 9:01 PM by bryan777123 Star rating in Bournemouth. 5 posts Send private message

Money in the BANK!!!

Just like to day a very big thank you to Maria Liuisa de Castro and all her team at COSTSLUZ Lawyers.  We have just won our case against the Bank following the win against the developer (Interlaken) who naturally went into liquidation. We had invested at CASARES del SOL but they defaulted on the contract.  I am proof positive that I have now got my deposit back (plus 6% interest) AND I have now got the money in the bank in the UK.  Well dome Maria. Her team are reliable, honest and professional. Without doubt she is The Winning Team (21 May 2019.



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21 May 2019 10:20 PM by sandra Star rating in . 812 posts Send private message

sandra´s avatar

Congratulations, I am delighted to hear your brilliant news. How long has the whole thing taken from first engaging Maria  and Costaluz ?



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22 May 2019 1:20 AM by bryan777123 Star rating in Bournemouth. 5 posts Send private message

Hello Sandra. Since contacting Maria at Costaluz Lawyers, my claim against the developer (Interlaken) took about 6 years. This was not Marias fault, getting it to a Court Hearing took at least 2 years. Then we won the case against the developer.  Guess what, they went into liquidation. So the claim had to be taken against the Bank who were jointly liable.  This took another 3 years to get a Court Hearing.  The main delays are with the Courts. We won against the Bank in June 2018 and finally got our money in the UK bank in May 2019. A very long wait. But worth it.



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22 May 2019 12:27 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

mariadecastro´s avatar

Thanks Bryan. 

We have been notified on another victory against CaixaBank in Casares del Sol today ;)

Good for judges, good for clients good for all members of CostaLuz and DeCastro teams

M



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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22 May 2019 2:41 PM by sandra Star rating in . 812 posts Send private message

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Bryan, thank you for your reply. It is eleven years since we asked Maria to help us and like you it has taken years to get the cases against the developer and now the bank to court. 

Regards,

Sandra.



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22 May 2019 2:46 PM by sandra Star rating in . 812 posts Send private message

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Let the good news keep coming Maria. There must still be many like us waiting to see our money again, posts such as Bryan’s help get us through the nightmare.

Regards,

Sandra.

 



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22 May 2019 2:56 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

mariadecastro´s avatar

So glad to hear that other people´s vicroty reinforces your optimism. I know--from personal experience too-- how stressful and frustrating these waits are.

We won today a big case against Aifos-- and related banks-- in Guadalpin

M



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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