07 Jul 2011 12:00 AM:

To all lawyers,

Could you please comment on these set of circumstances and give an opinion please.

BG provided.
No LFO in place on contract completion date.
Completion delayed by developer by 12 months.
Pressured to complete before LFO provided.
Court action commenced 4 months prior to LFO being made available and 8/9 months after original completion date as per the contract.
Complex/amenities uncompleted on original completion date and development suffering from ongoing acts of vandalism.
Apparent lack of developer evidence to support force majeure claim.
Does this sound like a case failure to you, or a borderline case?

Is there a strong case for appeal?

Will the appeal be heard by another judge?

What options remain available if the appeal is lost?

 

Thread: Advice required re appeal following case loss

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06 Jul 2011 11:52 AM:

Dear all who are reading this and Maria of Casta Luz Lawyers

Please may I ask - are you also one of those who have lost your first case? Have you appealed? Have you a date for the appeal? Have you also lost the appeal? What happens after this? Do the Developers Chase you to Complete and do they actually do it? Does any body have been forced in the UK to complete as does any body have an emabrgo put on their house in UK?

Has anybody been sued in the UK becuse they lost the cases in Spain.

I am worried sick of the consequesnces of this and that I will loose my property in UK - my only asset and have to buy a Spanish proprty that I no longer want.

HELP

Thread: Lost my case

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06 Jul 2011 11:15 AM:

Yes I would still have wanted out - as my circumstances have changed.

I am told that the aprt ment is ready but the complex is far from completion as per the catalogue and there are signs of vandalism at the site, The amenities rae not ready etc. So I would be fool to complete at a site like this.

I am sure the developer would also have readily cancelled and returned the deposit - if the prices had doubled as he would have quickly sold it at the double the price!

 

Thread: Lost my case

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05 Jul 2011 10:12 PM:

Dear ads

Thank you your comments. I have already signed the petition and the bank-gurantee-in spain. It certainly gives me some hope that maybe just maybe its NOT too late for Spain to put it house in order and be counted as a Good Fair Justice System country and be proud of it in the Europe. I love Spain and I have long distance relation though the Moors of historical Spain.

A good Fiar Justice System will help to bring the buyers back and lift the country out of debts and put it back on the road to recovery. I was hoping that with my funds released I will reinvest back in Spain.

Please Spain wake up and help your Economy!

FHS

Thread: Lost my case

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05 Jul 2011 9:55 PM:

Dear Huw

Thanks for a reply post. Thanks for your concern. I am also sorry to hear of your case. You have to wait another over 2 years for appeal - oh my God. This is NO justice - its a slow torture which hurts even more!  We could compare notes, what good will that do, the end result is the same. I expected a democratic justice from a democratic European country bur have yet to experience it. 

This case has ruined my health and is testing our marriage to extermes! I just hope that there is a hope there somewhere!

FHS. 

Thread: Lost my case

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