I first discussed communication, I believe, in 2017. It pains me to again discuss/vent my feelings on the unprofessional attitude of Spanish based solicitors/lawyers. Do not be fooled by their marketing promises.
My present experience saw my Lawyers, the professionals, take the already liquidated developer (Interlaken 2003 SL) to court.....so I have ended up funding that. However, the firm in question made the most of marketing a class action some years ago (prior to my developers court hearing) where the developer AND the bank were both involved in the 1st Instance hearing.
Fast forward to the Bank claim first instance, where I had to attend, the hearing lasted all of 20 minutes. I was instructed to be outside the court by a certain time, whilst there I waited and waited for the Barrister, who turned up considerably late - so my anxiety level was distinctly high!
The interpreter stated they didn't do 'technical' interpretation....so that was also very concerning. The promises made by the developers literature concerning the development were not mentioned. It all appeared to hang on the actual generic bank guarantee and the fact that the apartment was delivered late.
I left the court wondering what had just taken place! When I got the Court Judgment I discovered this was a joint hearing, the Lawyers had 'added' another party without informing me or my consent!! The payments from me to my Lawyers was also poorly managed. I sent all the necessary dispursement funds through when asked, and in 2018 sent a considerable sum that should, logically, have gone towards the developers won court hearing - but where they were liquidated ages before. The money transfer funds were not put to the developers case, but the banks first instance.
I asked to see the invoices at this point, as I was being pushed to pay further funds despite being told that all that was needed was the dispursement funds. I discovered accounting errors so obviously no-one double checks the accounts prior to presenting them to the client.
I looked over the emails received over the years and discovered an email stating that I would receive 10% discount for a 'shared court application' ie the bank claim. However I had to forward this email to the firm and at that point I asked for the table of fees that they have repeatedly stated they provided me with before engagement - I have not received evidence of this. I should add that the 10% discount was only allowed off the 'bank first instance' and not the appeal.
I have heard off other English deposit payers who engaged other lawyers to discover that their Lawyers were more reasonable - one person told me their court costs were 2k Euros as there were 8 parties to their class action - meaning that their firm of Lawyers charged an overall 16k Euro. I have a feeling that the other party in my claim was put with me so they could actually piggy back on my claim because of the way things have transpired.
My present case is now at an end and on the 29th of December I was emailed and told the bankers draft was with the Barrister (I am not sure if this was the Banks Barrister or mine - there was no clarity. Then I was asked if I would sign a very dodgy letter in Spanish & English - so where is my Power of Attorney?
On the 10th of February this year I received an email stating that they were getting in touch with the Court Agent and asking what was happening - over 6 weeks later and I have received nothing...oh and I have paid the majority of the costs apart from approximately 440 Euros. Last but not least I should add that I was widowed in 2010 and have actually sent other clients to the firm.
I am deeply disappointed to say the least that when I was perceived as a debtor I was effectively chased for payment despite their table of costs stating at the bottom all that was due was the disbursements. My eyes are truly wide open now! I would add that I have paid a price for going to Spain with more money than sense in 2004.
I should add that, according to my memory, the scale of charges/costs doesn't include the 20 odd percent fee for sorting the interest and won court costs awarded from the bank - funds sent after you win your claim. You only find that charge out at the end once they have already deducted it!!!
This message was last edited by gill_malouf on 28/03/2021.
This message was last edited by gill_malouf on 28/03/2021.