11 Mar 2013 2:56 PM:
Hello Keith,
I write to sincerely congratulate you on the huge amount of hard work you have put in on the Finca Parc case which I have been following for the last few years. I am waiting also with bated breath to hear the decision of the Appeal Court which has now of course been made, but which you won’t hear, until later this month. It affects me greatly as I, through Maria and CostaLuz Lawyers, have a lawsuit against CAM for the return of deposits for which they did not issue a guarantee. The First Instance Court case is in May of this year.
My case is slightly different from yours and to go into all the details here would take far too long and too much space. But you may be interested in a very brief outline. I have been pursuing legal action against CAM since December 2007 for the return of what for me was a truly massive amount of my savings totalling over 76000 euros. I had started paying off-plan payments on a property in May 2005. I have spent literally thousands of pounds of my money in legal fees and undergone what I can only describe as a nightmare which has caused me an enormous amount of stress and time and which has I believe been seriously detrimental to my health. I had the misfortune to use two incredibly incompetent solicitors in Spain and through my attempts to buy the property in Spain I have witnessed and experienced corruption and professional negligence on a scale that I would have previously found hard to believe. I then used a solicitor in England for a couple of years. This solicitor I think tried hard and may have done some good preliminary work, but in frustration at a lack of any tangible progress I switched solicitors to Maria and Costa Luz Lawyers in 2010. I do not know how much of the work that the solicitor in England did may have contributed to the result, but I managed through Costa Luz Lawyers to get some of my deposit back based on having a photocopy of a guarantee document issued by CAM for that part of the deposit I had paid up until the issue date of that guarantee document. The twists and turns were incredible and I could write a book on it!
I was and am extremely grateful for the representation I received through Costa Luz Lawyers. CAM paid that part of the deposit back and settled out of court. However, CAM have absolutely refused to pay the balance of the deposit money I paid into that ‘special account’ required to protect the deposits of off-plan purchasers under Ley 57/1968 and which totals some 31000 euros and for which they issued no guarantee, even though they had issued a guarantee for the amount of money which I had previously paid into that exact same account. With the help of Maria and Costa Luz Lawyers I have issued a law suit which is to be heard in the Court of First Instance in May. I have noted your important point about bringing the lawsuit against both the developer and the bank which is what we are doing.
Your case and the Appeal Court result is therefore of enormous interest to me and I am sure many, many other people as well. I desperately hope that justice is done and that you will hear that the Appeal Court has found in your favour and upheld the First Instance judgement, as apart from the rightful and long overdue return of money to you and the other 47 members of your group, it will hopefully create a precedent in case law and give hope to hundreds more people who are fighting to recover their money and obtain justice.
My fingers are truly crossed for you.
Malcolm Bray
Thread:
VICTORY FOR FINCA PARCS ACTION GROUP LAWSUIT 2 IN FIRST INSTANCE COURT IN HELLÍN
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