English lawyer/ solicitor required specilising in "Spanish Law" to try and get our money back!

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02 Feb 2007 00:00 by Justhe1 Star rating. 5 posts Send private message

Hope this is the correct thread!

We invested in 2 investment properties in Marbella, Spain, nearly 3 years ago now with the then "Royal Marbell Group".

Apart from the fact that one developments is delayed (by 2 years, namely Aldea Beach), we have just had email confirmation that the other one is now not going ahead at all due to planning issues (even though I have an email on file from the MD of the company dated Dec 2005 informing us that the site was under construction!) - The "revised" completion date for this was meant to be early 2007!!

Needless to say we are more than a little annoyed by this and due to the general lack of response of the developer (now Roayl Duja Group) we are looking to start the ball rolling re the return of our monies, including the 6% interest that our contract mentions (relative to the Law 57/1968).

Now our initial deposit and investment monies are supposed to be in a "client account", we have signed contracts, but yes, foolishly used their reccomended solicitor, who shall remain nameless but are obviously linked to the developer themselves as they never return our calls or emails.

Can anyone help recomend or point us in the right direction of who/where to start on this and best guess on our expected costs/ timescale and likelyhood of success?!!!

We have ALL  documentation (including signed contracts, sales receipts and  for monies deposited to date and emails on file relating to ongoing correspondance) on file. We are however confused about who holds or where the Bank Guarantee paperwork is?!

The developer is telling us that they passed all deposit monies to the developer and that the developer has in turn issued them back with "pagare" (read post dated) cheques dated 31st November 2007, and as such we cannot get our money back until then - why if the development is not going ahead, and whats happened to our client account!!!

Would welcome any suggestions or personally recomended  points of contact - PM me if you would prefer, I don't mind either way.

Thanks in advance.

Justin




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02 Feb 2007 09:16 by Rixxy Star rating in San Pedro. 2011 posts Send private message

Rixxy´s avatar

Tough one this as many lawyers in the same area are afraid of being blacklisted. I know a very good lawyer - small company but totally independat. Speaks perfect english as well. Roberto Castillo 0034 655887644. Tell him Inez gave him the number. Other than that you can try Cornish and Co who have a uk branch, but they will be more expensive - they are also very good.

 

Good luck


_______________________

Quite frankly m'dear, I don't give a damn!

www.herbalmarbella.com




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02 Feb 2007 09:29 by Justhe1 Star rating. 5 posts Send private message

Thanks for the prompt reply Rixxy!

So your saying that if a Spansih laywer looks to undertake a case against a developer they live in fear of being blacklisted by said developer -if thats the case thats crazy, and gives the developers even more "power" over us mere "investors"...!

Just a frustrating time, and now after 3 years want a qucik resolution! - I guess hindsight is a wonderful thing...

I may well give Mr Castillo a call and see what he thinks..

Cheers

J



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02 Feb 2007 09:34 by EOS Team Star rating in In Spain of course!. 4018 posts Send private message

EOS Team´s avatar
Justhe1, as we both share the same name I feel compelled to offer you my advice.

Well, what a situation you are in.  You don't mention the name of the second development but Aldea Beach is also stopped, in fact it's barely been started as they are trying to build on the beach (hence the Beach bit of the name).   In fact the developer tried to get it going again recently defying a court order and duly got fined again!

Royal Duja Group are not the developer, they are only the promoters.  Royal Marbella Group were implicated with the current corruption scandals but they are essentially the same company (Marbella / Duja).

You really need to get your money refunded ASAP. 

I would suggest you have a chat with Maria de Castro.  She has successfully managed to get deposits refunded for many of our members here.  We highly recommend her.  Her contact details are:

María L. de Castro
Calle Ancha 30, 2º
E-11201 Algeciras
Tel.:  +34 956 657 003
Fax: +34 956 664 643
Mobile: +34 652 195 554
email: mldecastro@costaluzlawyers.es
www.costaluzlawyers.es

Best of luck with it all.

Justin

_______________________

Schools in Spain Guide | The Expat Files | Learn Spanish | Earn a living in Spain




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02 Feb 2007 09:47 by Justhe1 Star rating. 5 posts Send private message

Thanks Justin!,

The other development in question is/was Agua Clara (Royal Torrox)...

Appreciate you posting Maria's contact info - looks like I have a bit of a ring-round to do....

I was concerned at how to go about undertaking matters using an overseas lawyer (ie forwarding of importanat paperwork etc) -but do you think that its better using a laywer from Spain, with them being "closer to the action", so to speak?

Cheers

Justin (!!)



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02 Feb 2007 10:05 by EOS Team Star rating in In Spain of course!. 4018 posts Send private message

EOS Team´s avatar
Justin (I feel like I'm talking to myself)

I would personally rather use a recommended Spanish lawyer in Spain that and one in the UK.  I think a good Spanish lawyer in Spain would have more clout (that's just my opinion)

In difficult cases like yours you need a good Spanish lawyer with a track record.  That's what really counts now.

Regards

Justin

_______________________

Schools in Spain Guide | The Expat Files | Learn Spanish | Earn a living in Spain




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02 Feb 2007 10:09 by Rixxy Star rating in San Pedro. 2011 posts Send private message

Rixxy´s avatar

Whichever you use use one based in Spain. I bought in a development and THEN found out no LFO!!! We have been advised to use a lawyer outside of the province. Also my business partner had a falling uot over negligence with his lawyer in Marbella - apart from Pablo Tormendi (who is a nightmare to deal with - a bit unhinged I think) no other lawyer wanted to take anaction against the one here!

Good luck with it and maybe speak to several lawyers as then you will have a good feel for it


_______________________

Quite frankly m'dear, I don't give a damn!

www.herbalmarbella.com




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07 Feb 2007 23:09 by miket Star rating in La Mairena, Elviria. 371 posts Send private message

I've spent the past year working with a group of investors who are suing our developer for return of our deposits. We interviewed 5 independant lawyers mostly from Marbella before we appointed our own! I did at one stage consider using the services of an English lawyer but decided against it as you really need to work with people who have lots of hands on experience working with the judiciary here in Spain. There are many issues for you to consider when you appoint a legal representative but ideally you need to be confident that the lawyer has relevant experience of suing developers successfully through the courts! I was particularly impressed with ours as he has also worked on behalf of developers too so he can cover every angle?

If you send me a personal message I'll try to explain what weve learnt from this experience...............



This message was last edited by miket on 2/7/2007.

_______________________

Mike T






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08 Feb 2007 11:51 by Tish Star rating in Surrey. 833 posts Send private message

Hi Justin

My husband & I have been in the same situation as you. Our cases are mirror images down to almost every detail. Instead of having post dated cheques (Are they of any value being they will be over six months old in November?) we had a post dated Bank Guarantee. That was in March 2005, when we were informed by our then "in bed with the EA & developer" lawyer that our apartment was not going to be built. The rest of the development is currently deemed illegal.. We were also regularly sent emails by the EA to say our apartment would be completed on time ((Originally July 2005, subsequently Oct. 2005) What followed was sheer hell.(sorry!) The end result is that we found a brilliant lawyer, who took our case to a Madrid Court. We won! We got our deposit back plus LEGAL interest (currently approx4%) plus our legal costs. I am sure that I am right in saying no one gets 6% nowadays.

Getting the right lawyer is the hardest and most important thing to do. If you think that I can be of any help to you, please pm me.

Good Luck,

Tish



This message was last edited by Tish on 2/8/2007.

This message was last edited by Tish on 2/8/2007.



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08 Feb 2007 11:56 by Tish Star rating in Surrey. 833 posts Send private message

Justin,

Just to say our lawyer is Spanish. His English is waaaay better than my English....and he always answers our questions quickly! 




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12 Feb 2007 09:03 by Justhe1 Star rating. 5 posts Send private message

Thanks Tish (& Miket),

PM sent ;-)

Cheers

J



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12 Feb 2007 11:07 by Antleigh Star rating. 34 posts Send private message

Having read loads, and worried loads, over our very delayed development in Mazarron (it is actually being built thought, so I suppose that's something) we KNOW that we want a recommended Spanish lawyer, but we haven't come across any in this area. Can anyone recommend one in Murcia please??

 

Leigh




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13 Feb 2007 12:42 by miket Star rating in La Mairena, Elviria. 371 posts Send private message

Hi Justin,

I noticed your posting that Maria Castro had recovered many deposits for her clients including some from the eyeonspain membership. You are probably aware that I have been working with a group of investors to recover our deposits for our development that has been delayed now for over a year plus other issues relating to; lack of bank guarantees, build quality and orientation.

Having spent many months working with our lawyer to build our case against our developer I also instructed him to find ANY Jurisprudence available for cases successfully taken to court on the CDS or Costa Blanca in the last 2 years? To date he couldn't find any that had gone through the full hearing process successfully? The only successful cases appear to be ones where either the development was never built, illegally developed or through serious breaches of Contract! I wonder who has been successful in cases similar to ours since the market downturn in 2004? Prior to 2004 many developers would have refunded deposits for delays knowing that they could sell on for more profit. This is NO longer the case for a typical 2 bed 2 bathroom apartment!!


_______________________

Mike T






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14 Feb 2007 07:45 by sunnymim Star rating. 34 posts Send private message

Maria de Castro-Any views on Mikets comments?



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14 Feb 2007 11:50 by Gillespie Star rating in Costa Calida Area. 608 posts Send private message

Gillespie´s avatar
Antleigh wrote "Having read loads, and worried loads, over our very delayed development in Mazarron (it is actually being built thought, so I suppose that's something) we KNOW that we want a recommended Spanish lawyer, but we haven't come across any in this area. Can anyone recommend one in Murcia please??" I know a very good lawyer in Cartagena if you are interested, he speaks good English and very ethically driven. Let me know if you would like his contact details by PM! Gillespie.

_______________________

Business advice and consultancy - Visit www.calidain2business.com

Calida in2 Business - Spanish Property Clearance.

www.spanishpropertyclearance.com




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16 Feb 2007 19:32 by mariadecastro Star rating in Algeciras (Cadiz). 8578 posts Send private message

mariadecastro´s avatar
Good fights, perseverance... that´s all about getting a deposit back in my experience so far.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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17 Feb 2007 13:52 by ciaron Star rating. 15 posts Send private message

Are you dealing with Michael hone of RoyalMarbella/duja group?If so,be prepared to go to court to try and get your money back.He has gone into hiding.Do a search on roal/duja group.Anyone who deals with this company are mad.




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25 Feb 2007 22:24 by Justhe1 Star rating. 5 posts Send private message

Yep (Well I would be if I could get hold of him!).

That said, he left a message on my mobile last Monday after my last threateneing email.

I'm going to try and call him tomorrow....

J



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26 Feb 2007 16:34 by amandagosnold Star rating. 9 posts Send private message

Good luck with starting court proceedings. I have just posted on general chit chit (Surviving the Nightmare). It may make you think twice.



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26 Mar 2007 18:48 by cbeukes Star rating. 8 posts Send private message

Hi Justhe1

Could you update us on how you are getting on now?  Did you find a suitable solicitor in the end to help you get your deposit back?




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