31 May 2013 4:51 PM:

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Thanks for the comments. As you mention I cannot understand why we are being penalised for the Spanish legal system delays which in effect gave Polaris World the opportunity to finish our apartment (although not the facilities as advertised. 

I should also mention that we sent a Burofax to Polaris World in January 2009 formally asking for contract cancellation re lack of license, delays and lack of Bank Guarantees which we never received a reply to. All these issues had already been proved successful at court yet because ours was delayed we were ruled against! Is the lack of answer to a Burofax not a breach of Spanish law? 

I mistyped 2009 in my original message as we were originally repeatedly promised the apartment would be completed at the end of Dec 2008.

I believe that there may be some Polaris World cases similar to ours being heard at the Supreme Court. If successful will this impact on decisions already made such as ours i.e. overturn them?

 

Thread: Forced to complete after loosing court battle. Please help!!!

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29 May 2013 10:50 PM:

We are in exactly the same position. After the court ruled against us Polaris offered to pay our court fees if we handed our property back and forfeited our deposit of 68k. Our claim was based on the abusive contract, delay in completion, lack of advertised facilities and also the fact that even after over 40 requests we never received a bank guarantee from 2006. The judge stated that the bank guarantee issued wasn't valid as it only applies to unfinished properties which means that because of the 4 1/2 years that it took the Spanish legal system to hear our case Polaris finished our property. We agreed in 2006 and were told that completion would be at the end of 2009 but I think this was just to get us to sign.
We have just been told today that Polaris have decided that they won't pay the legal fees but now want 10k for them. Our solicitors have also sent us a bill for 17.5k just for their time which is ridiculous considering our friends paid 3200 for the same issue and decision.
I have just contacted the Foreign and Commonwealth office as we kept our side of the contract re deposits but Polaris did not have to keep theirs.

Thread: Forced to complete after loosing court battle. Please help!!!

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