Full Deposit Plus Fees Refunded

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23 Oct 2019 20:42 by brenda51 Star rating. 3 posts Send private message

Hi All,

Just want to give some hope to all you who are still fighting to get your deposits back. 

After 12 long years I finally got my deposit plus costs back and it's all thanks to Maria and her team at Costaluz Lawyers.

They looked at my case and offered a No Win No Fee.

I am so pleased to report that I have received both my deposit back plus fees and interest.

I am still finding it hard to believe after all this time.

Do not hesitate to contact her because she is so honest and if anybody can get you your money back she can.





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24 Oct 2019 08:29 by stephensteve Star rating. 32 posts Send private message

Well done..same with us..gr8





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24 Oct 2019 14:48 by stokey Star rating. 74 posts Send private message

hello can you please check your private messages im trying to talk to you guys, yors sam 





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24 Oct 2019 21:47 by M11Block Star rating. 178 posts Send private message

Hi Brenda

Could you please tell us at what stage your case was won, was it the Supreme Court level?





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25 Oct 2019 17:29 by stokey Star rating. 74 posts Send private message

brenda ? stephen and steve ????





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26 Oct 2019 03:20 by stephensteve Star rating. 32 posts Send private message

Stokey....what is your question ?





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27 Oct 2019 11:22 by ads Star rating. 3897 posts Send private message

Perhaps it’s important to identify here that there are so many cases that have been subjected to all manner of piecemeal challenges by the Banks, that at a times it’s difficult to assess which successes are similar to your own specific circumstance. 

Some have won first instance rulings and then been subjected to Bank appeals which have subsequently been won, thus creating case law for others to benefit from. 

But it doesn’t always end there I’m afraid as some, having already achieved success at appeal level, have been further subjected to SC cassation appeals by the Banks, which if deemed applicable for admittance can take years before they are resolved.

Some, having been subjected to SC appeals have found that the Bank withdraw their appeal after a year( before the appeal has had chance to be assessed for admittance), in which case the previous provincial appeal ruling stands as final ruling. 

But these cases do not appear to achieve SC doctrine for others to benefit from as definitive rulings going forward. In fact it takes two successful SC rulings on the same specific legal aspect being challenged, before doctrine is achieved.

Unfortunately there have been some judges who have not accepted majority case law ( at appeal level) which then creates a problem as the Banks then use these cases to suggest continuing elements of doubt going forward.

Only when SC doctrine is achieved can it be deemed that elements of doubt have been fully clarified, again for any specific legal circumstance!

What appears to be happening is that the Banks will endeavour to delay final deliberations at SC level at every opportunity, and use every manipulative ploy in their arsenal to achieve this. 

I would ask is there now an increase in the Banks submitting SC Cassation appeals and then withdrawing them at the last minute to frustrate the process, and is this in effect an obstructive attempt to further delay justice thus further impacting timely legitimate return of monies? Is this of sufficient significance now for this behaviour by the Banks to be considered to be acting in bad faith in the eyes of the law?

Some may argue that any enhancement on the interest in the interim periods could be deemed far too little by way of compensation by comparison to the immense stress and financial vulnerabilities that ensue during these extraordinary delays to legitimate return of claimants’ monies. Especially for those instances where the judge does not award costs, for instance in the case of partial wins, where various legitimate options are put forward due to there being no supportive SC doctrine or majority case law being in existence at original point of litigation and the judge considers there are still outstanding elements of doubt. Catch 22 scenario?

What’s more, the proliferation of Bank appeals has become so great as to significantly impact the courts and judiciary, stretching them to breaking point....such that even when claimants gain their final rulings it can still take another year before they receive their associated costs and interest.

The main point being that it would be helpful to know what were the circumstances that led to the win and were these successes achieved after SC ruling or after withdrawal of SC appeals by the Banks, or were they not subjected to this form of ongoing piecemeal challenge by the Bank?


This message was last edited by ads on 27/10/2019.


This message was last edited by ads on 27/10/2019.



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27 Oct 2019 12:57 by angeleyes1 Star rating in Camposol & Bradford. 389 posts Send private message

angeleyes1´s avatar

In many instances it would seem the banks deceitful practices are aided and abetted by the Spanish justice (or lack of) system. Spain simply has a mafia culture. It has a lower cost of living than the UK and a much superior weather climate, but always a buyer beware culture, they will have your pants down at every opportunity with little recourse to any justice.  

As Brenda says, 12 years to get her deposit back, and she was a lucky one.



_______________________
When you have to shoot, shoot, don't talk.



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28 Oct 2019 16:33 by stokey Star rating. 74 posts Send private message

angle eyes, and ads, have you actually got an ongoing claim in spain ?, 





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28 Oct 2019 17:10 by angeleyes1 Star rating in Camposol & Bradford. 389 posts Send private message

angeleyes1´s avatar

Stokey, that is a relevant question. I personally have a so called claim, the builder did a runner, the bank said what guarantee and fell about laughing, the lawyer said give me lots of money and the Spanish judge said I’m on permanent sick leave.

I cannot divulge ads situation due to data protection laws, but I am sure she will divulge all as usual.



_______________________
When you have to shoot, shoot, don't talk.



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28 Oct 2019 20:46 by ads Star rating. 3897 posts Send private message

Angeleyes, you do no favours to this scenario by cynical and mocking postings that undermine sincere intent to gain greater legal clarification and comprehension in this whole sorry saga of events, for everyone’s sake.

 





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28 Oct 2019 23:49 by angeleyes1 Star rating in Camposol & Bradford. 389 posts Send private message

angeleyes1´s avatar

Ads, my sincere apologises, I never intended to make any cynical and/or mocking post, the whole thing is a misunderstanding, please forgive me for any distress caused.


This message was last edited by angeleyes1 on 29/10/2019.

_______________________
When you have to shoot, shoot, don't talk.



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29 Oct 2019 16:37 by ads Star rating. 3897 posts Send private message

Thank you for that Angeleyes, much appreciated.

Talk of mafia culture, in generalised or even mocking tones, sadly does not help when it comes to the practical realities of how best to gain justice for us all going forward.

Alienating or undermining those who are trying to help, whether this be trusted legal teams, or individuals with sincere intent in trying their best to educate and comprehend a complex system, or for that matter those judges who have thankfully now been returning rulings in support of claimants in recognition of Banks legal obligations according to clarified law, etc, serves little purpose ( but of course I can relate to the frustration that leads to this ).

Yes we can still identify failings and loopholes and under resourcing etc, in the system that can impede rightful justice, but with a view to working together to effect good workable solutions. 

But most importantly the focus must remain on those financial institutions that are continuing to challenge at every opportunity, those who are sadly through their proliferation of appeals and failing to be respectful of majority case law and a law intended to protect and provide inalienable rights, are in this manner crippling the justice system.

Maria is so right when she speaks of the need to bring about balance and a person-centered approach to financial systems in the hope that Financial Consumer Law should be a great tool for that. But we should still live in hope that this will in the longer term be possible for all those who deserve better, nationals and non nationals alike. Don’t forget not so long ago many were saying that the progress made to date would be impossible.

Much still to do of course, but there are so many lessons to be learned going forward.....

 





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29 Oct 2019 16:54 by angeleyes1 Star rating in Camposol & Bradford. 389 posts Send private message

angeleyes1´s avatar

Ads, I fully agree.



_______________________
When you have to shoot, shoot, don't talk.



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30 Oct 2019 15:45 by stokey Star rating. 74 posts Send private message

Ads, to be fair to Angle eyes he at least answered my straight question have you got an on going case in spain ?, im sorry but im just a thick ex coalminer from stoke, I worked hard for the money I am still trying to get back from the spanish system after 12 years, so instead of spewing out legal jargon that many wont understand, can you answer a simple question from me please, also reading your previous post "and much more to do" it sounds very similar to another poster ? thats why I want to know if you are a genuine victim of spain or not

 


This message was last edited by stokey on 30/10/2019.


This message was last edited by stokey on 30/10/2019.



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30 Oct 2019 17:32 by ads Star rating. 3897 posts Send private message

 Of course I am a genuine victim in Spain, why else would I spend this time and effort on such complex detail? Why else would I constantly ask questions and endeavour to try and understand it and pass on findings hoping to be of benefit to others...If you don’t understand the language then I can only apologise. Please don’t compromise my personal legal position given my findings are highly critical of the Banks and at times critical of  Bar Associations who have failed to adequately regulate their members, or query the legal reasons behind those judges who for whatever reason have failed to be supportive in their rulings....let alone a Government who has sadly failed to provide adequate resources  essential to effect timely justice.

Having said that, if I agree with those who have worked endlessly to effect justice within a system that has many exploitative loopholes, or agree with real exhaustive efforts that have actually led to supportive case law which help others that follow in their footsteps, and thereby regain their return of monies, then I make no apologies.

Your tone of reply is extremely hurtful and unnecessary when my intent as stated on many occasions is sincere.

 


 


This message was last edited by ads on 30/10/2019.



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31 Oct 2019 12:19 by stokey Star rating. 74 posts Send private message

** EDITED - Against forum rules **

 


This message was last edited by eos_moderators on 31/10/2019 14:01:00.



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