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14 May 2013 15:47:

Looks like Edmy found a competent Spanish Lawyer.

My ex-lawyer received a note from the developer saying that my second deposit, not paid into the bank who subsequently issued the BG, had been tranferred to the 'special' account with the bank who did issue a BG, (for the full amount but only agreed to refund the actual depost made if my ex-lawyers signed a waiver, which they did against my explicit instructions not to do so).

My ex-lawyer didn't check that the transfer had taken place and when I broached him his reply was 'I considered this sufficient', even though he had previously stated, in writing, that it was important to make sure the money was transferred and a copy of the transfer document obtained.

I still wonder who he was working for?

His insurance company said this wasn't negligence.  I think the word negligence has a different meaning in Spain than in the UK.

 

 



Thread: Taking your Laywer to Court In Spain

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13 May 2013 18:41:

Insurance???

My ex-solicitor approached his insurance who agreed with him that he wasn't negligent.  So where do I go from there?

I first have to prove negligence?  I need a Spanish lawyer to do this, etc, etc,



Thread: Taking your Laywer to Court In Spain

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13 May 2013 17:16:

I've looked into this and finding another lawyer to take a lawyer to court is the problem.

I changed my lawyers, (I can't say publically who they were for fear of litigation but my UK number is 01270 259740), almost 2 years ago, to GM Legal Experts who said they would be prepared to take my last lot to the Murcia Law Socierty but the advice I have is that all they'll get is a rap on the knuckles and a letter of reprimand.  I certainly won't get my money back, £22K plus 7 years interest!!!

Litigating against a lawyer in Spain is expensive and you shouldn't judge Spanish Law in the same breath as English Law, and yes you are right their insurance requirements in no way match those of the UK.

It looks like you are in the same position as I am.  My deposit was never transferred to the bank issuing the guarantee and although under Spanish law 57/68 this shouldn't matter nevertheless my ex-solicitors signed a waiver preventing me from suing the bank, something I explicitly told them not to do.

You can read more about my plight at www.3molinos.co.uk.

I wish you good luck but I suspect it will be all bad.  I'll never set foot in Sapin again, I hate the country, it's lawyers and legal system.  Most of all I hate the Spainsh government who should tell the banks to voluntarily comply with 57/68, and I hate the UK government for letting them get away with it.  We should kick them out of the EU and tell Santander to get of our high street.

Rant over!

 

 

 

 

 



Thread: Taking your Laywer to Court In Spain

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17 Aug 2011 14:00:

Guadalupe/Ads

I've been reading this with great interest.  My position looks the same, as follows -

I paid 3Molinos £22K into Banco Valencia who issued a generic bank guarantee to me.  (Generic in the sense that it didn't contain details of amounts etc).

I subsequently paid the remainder of my deposit, £20K, into Banco Santander under the instruction of my Spanish solicitor.  I discovered in January 2010 that this money was not transferred to Valencia.

I paid my solicitor to invoke the guarantee and I've subsequently obtained the £22K under bank guarantee but Valencia refuse to honour the remaining £20K.

My solicitor wants more money from me to sue Valencia.

My contention is that my solicitor should have ensured, as they said they would when I engaged them, that all my money was in the correct account covered by the bank guarantee.  I consider this negligent on their part and refuse to give them more money.

I'd be grateful for any advise on what I should do next.

Peter

 



Thread: Bancaja to refund deposits paid by the buyers of AUGIMAR for the developments torresblancas, forum y barlovento

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27 Jul 2011 15:19:

You can add my £20K.

My solicitor, BCP, failed to check the money was tranferred to the account holding the bank guarantee, he just took the word of the developer, 3Molinos.  Unbelievable!!!

The developer goes bankrupt.  result - money still in Santander under the control of the receivers.

He says he's not negligent yet when I appointed him he gave me a booklet in which it states that care should be taken to ensure the money is transferred and a copy of the bank transfer obtained.

I won't even go on holiday to that country any more.  They've got enough of my money!!!

 



Thread: 185 Million Euros in off plan deposits lost on just five developments. Want to add yours?

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