01 Aug 2015 11:48 AM:

Hi joandjez.  We won our case in 2011 against the bank BBVA and got all our deposit back together with interest.  The amount we were claiming was around 40,000 Euros and the amount we paid out in fees was around 8,000 Euros (so slightly less than a quarter of the amount claimed.  I would say your 30,000 Euros seems excessive. Our lawyer certainly did not take a percentage of our interest payment and we certainly did not have to pay any expenses for his alcohol consumption.  Our fees were all agreed in advance (about 6,500 Euros for the lawyer and 1,500 Euros for the Procuredor and Court fees). We only paid money directly to our lawyer so he then paid the Procuredor and the Court out of what we paid him. We used Abolex Abogados.

Community thread: Fees and expenses questions

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21 Sep 2008 8:41 AM:

Hi all.  We have a bank guarantee with BBVA and since May this year have been trying to claim our deposit back.  They just keep coming up with excuse after excuse not to pay out.  We have a Spanish Lawyer dealing with the case now and he is taking them to Court.  
In his latest email to us he explained that all the banks are just playing for time.  None are paying out on Bank Guarantees and they are forcing everyone to take them to court.  The reason being that they think a good percentage of people will not go as far as this and will just walk away.  
The main excuse we have from BBVA for not paying out is that they say they do not have an original copy of the Bank Guarantee - they only have a photocopy.  This is total rubbish as my lawyer has written to the Bank of Spain to ask for an original copy and Bank of Spain has informed him that BBVA have their own Registry for their bank guarantees so therefore they must have an original copy.  All I can suggest is that, if you have the funds, press on with taking the bank to court and you should win your case and the bank will almost certainly be made to pay your legal fees as well.  You could also write to your local MEP and ask them to contact the Spanish Housing Minister.  I am sure that if the Spanish Housing Minister gets enough letters she will have to do something.

Community thread: Reasons banks give for not paying out on BGs

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02 Jul 2008 7:38 AM:

Darren
I sent my Lawyer a copy of my Bank Guarantee in May and he says it is OK.  The bank also admit they have a copy of the bank guarantee but they do not have the original (it appears San Jose had this).  The problem we have at the moment is getting a duplicate original copy as this is needed to execute in court.  I do not think the bank are querying the authenticity of the Guarantee but they do say we need an original copy. 

Jane

Community thread: Car hire Alicante - any recommendations ?

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01 Jul 2008 8:49 PM:

My Bank Guarantee with BBVA Bank has AVALA clearly marked on the top of it.  I executed my guarantee myself by direct email to the Bank at the beginning of May and followed this up with a burofax from my Lawyer a few weeks later.  I am still waiting for my money.  They will use any excuse not to pay.  BBVA said that they could not trace the original and only had a photocopy.  So what - they issued it didn't they!!!
My Lawyer is now trying to get a duplicate from the Registry of Bank Guarantees I believe.  Apparently you have to have an original copy in order to execute through the Court. 

Community thread: Car hire Alicante - any recommendations ?

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28 May 2008 9:22 PM:

I would like to hear from anyone who has a bank guarantee and is in the process of executing this.  We are one of the few who has a guarantee with BBVA Bank.  However, on trying to execute this we have been told that the original copy of the guarantee seems to be missing.  The Bank, my lawyer, San Jose and ourselves all have photocopies which have been stamped and signed by the BBVA Bank in Orihuela City but no-one seems to have the original which is needed to execute the guarantee.  

When our Lawyer spoke to Tomas at San Jose to ask him if they had the original copy of the guarantee, Tomas replied that they only have copies and the original must have been "lost".

How very convenient for everyone, except us!!!




Community thread: ready now

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