24 Feb 2019 18:28:

Dear Helia:

If you have proofs of developer´s bank account where money was paid into or pieces of evidence of the existence of a Guarantor for the refund of off plan amounts in that development, you certainly can. That has been the fight CLL started under the encouragement of Keith Rule back in 2008.

There is abundant and established case law to defend this now. If you want, you can contact us for a free appraisal of your case.

You can find our contact details at www.costaaluzlawyers.es

 

Thread: Costa Luz Lawyers

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18 Feb 2019 07:29:

It is very recent that Case Law is starting to describe what a developer is for law 57/68 and this was, we are coming to see new claiming possibilities for some OVP properties who were not able to obtain all refunds of their off plan purchases.

The fact that a Spanish bank received OVP/ Palmera money, together with other details of the contract history, makes the door open for a claim agains those OVP/ Palmera banks. Still a green/ new avenue but... that is how all starts, is not?

Anyone interested, please contact us 

Thread: Open gate for Ocean View/ Palmera buyers

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14 Feb 2019 19:17:

I would really need to see the contract wording. If you have paid a deposit/ reservation, it is possibly just that what you would be losing but, as you have paid it before actually getting into the property, I really need to see what you agreed.

Thread: property rental

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14 Feb 2019 19:15:

StevieDavies:

Did you say that you have a lawyer advising you on this? In that case, in my opinion, Lawyer needs to approach the Bank.

Thread: Bankia/BMN

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08 Jan 2019 16:04:

Some answers to this post in bold blue below:

Have received a pretty threatening letter from a UK law firm acting for Sabadell, basically giving us 2 weeks to repay 85k euros shortfall on a mortgaged property that we handed the keys back to in 2008. Did you sign an agreement of dación en pago with the bank then?

We've basically heard nothing for 10 years. I need to see aht you did / signed then-- if any--- for being abke to tell you about possible time-barring.

Letter suggests putting charge on our UK property, reporting us to credit agencies and seeking a bankruptcy order. This is regulated by Law and they cannot proceed if debt was paid then. They are of course liable if they damage your credit report illegally.

The letter feels quite speculative - it has a lot of generic language that I assume has been sent out to lots of people. Very possibly, specially now as Brexit will make debt collecting more difficult.

I have been reading about EEOs which is quite concerning.

The Spanish Bank who would be looking to use the EEO for the seizure of UK assets need of course to follow the procedural rules in Spain first as if not, there will  be no debt to be certified by the said order.

If a Bank obtained an EEO without serving legal notice of repossession to the debtor and/or without giving to the debtor the legally required possiblities for contest and defence , you, the debtor, in the UK, who would see your UK goods " at risk" will have rights to contest the issuing and the enforcing of the EEO as null and void.

Has anybody else been through this and what was the outcome?

cheers

Thread: Being chased by Sabadell in the UK

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