26 Jan 2012 9:31 PM:

Hi

It might be worth a call or email to another lawyer who should be able to confirm if they think there is a case against the bank where cheque was lodged

Law 57/68 may apply even though there was no guarantee, as the banks might have had an obligation to be aware of what the money was for,and coming from a developer or agent and I think may have been obliged to put a guarantee in place. This is your better bet, I think

Maria at Costa Luz lawyers or Gonzalo Calderon Chao (I used) in Alicante would be worth contacting. Further action against the developers would most likely be wasted money. The lawyer should be able to confirm if there was grounds for action against the bank directly

Good luck

Michael

Community thread: money back !

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25 May 2011 7:21 PM:

Hi

Congrats, I'm sure its a great relief,!!. Yes there are good lawyers out there, matter of finding them. My lawyer was based in Alicante (Gonzalo Calderon Chao) and was also brilliant

Again, well done and happy outcome and wish that these success stories will give hope to others awaiting their refunds

Baronrath

Community thread: money back !

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31 Mar 2011 6:30 PM:

As a new contributor to this forum (but reader from mid 2010 when I found it!), I am pleased to confirm that I have successfully reclaimed my deposit, for a purchase in Tee17

Development was to be finished in July 2009, but as many know this has not happened. I was ''lucky',' as I was provided with a bank guarantee (insurance from ASEFA) for the amount paid, with a small amount added for interest. As normal, the insurance refused to pay months after the contract expiry date, claiming it was merely a delay and the date was not well defined!. ALSO, they had an expiry on the guarantee of 1 month following the contract date

My original lawyer deemed the only option was legal action, with usual no guarantee, but a firm belief it was winable. At this point I was unaware of the law 57/68. I sought opinions from several lawyers on the web and eventually moved to the lawyer who secured my refund - and Paid  Today!!!!

His cost were 50% of my original lawyer. He was the one who informed me of the law 57/68 and was alwayys contactable - everything you could hope for and more. (As I am not Spanish, I  made a trip to his office after engaging him to make sure he existed!!, everything was as per the web). He did not require funds until he forwarded court proof of lodgement of the case, and even then was not pushy.

Apologies for lack of structure in the posting - but getting over the shock. As like many on these treads, I thought my money was down the tubes, but I was lucky to have a guarantee, and not knowing the Spanish sytem in early 2007 when I first visited and bought in Medina, I am grateful to the lawyer for putting the guarantee in place (which we was obliged to do, but I did'nt know, and many of his colleagues seemed not to have done)

I am posting only now as mentioned above - I have the deposit back in my possession, even though it was secured 3 weeks ago, but took time, and some little bumps along the way, including the Spanish authorities not allowing transfer out of the country of amounts above €10k, without proof of why!!

Hoping others with guarantees can take heart from this news

Michael  

 

This message was last edited by baronrath on 31/03/2011.
Community thread: money back !

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