20 May 2016 7:13 PM:

She is answering my question, i just wanted a second opinion!

Was wondering if anyone else had experienced a similar sitution

Community thread: Spanish Legal System

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19 May 2016 7:24 PM:

Hi All.

Just wondering if anyone can give me any insight into the Spanish Legal System.

Basics of my case:-

Went to court in June 2015 to claim deposit back from BBVA and SGR.

Ruling given September 2015 condeming BBVA but not SGR and only interest from date of court proceedings

Returned to court April 2016 to persue SGR and interest from date deposit received at bank

Ruling given May 2016 condeming SGR also and delay interest but not costs.

What i cannot understand is if in September 2015 the court condemned BBVA to return our money, why am i still sat here empty handed?

Now SGR are also condemned and have to return my money and my lawyer is now preparing a new case to execute the judgement and get my money.

Why, when i have already won my case, do i need to execute the judgement? The judge has already ruled in our favor, but BBVA and SGR are still trying to wriggle out of it!

SGR are also now taking the case to the Supreme court!

I don't really care who pays me back my money, BBVA or SGR! 

Why is it now costing ME to force BBVA to pay up what the judge has already said they must pay?

The judge has heard the case and made his decision so i want my money back .

How are BBVA still managing to not pay me back? They didn't appeal the judges decision, haven't tried to take the case to Supreme Court, so why have they not had to paid up?

How much longer can this charade continue? Already at almost 10 years since we paid our deposit.

If i drop the case against SGR does that alter the original ruling condemning BBVA?

Like i said earlier, i really don't give a s@#t who pays me, as long as i get my money back!

Feeling like the battle is never going to end..........

 

 

This message was last edited by victheviking on 19/05/2016.
Community thread: Spanish Legal System

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05 Dec 2015 8:46 PM:

Hi John, 

We also paid directly to the BBVA bank account  details  we were given by Hdt when we received the initial contract and had proof of this . We also paid in Dec 2006.

We had no knowledge of SGR  until the  day before the hearing when in a meeting with our legal team (Isabel Montesinos @ Imont legal services) she told us that a representative from  both BBVA and Sgr would be at the hearing .

From what we understood, Sgr are a form  of guarantor who also should have protected our deposit, along with the  bank. 

There was no mention of them in any of the paperwork we had and we had never heard of them in relation to our claim, although we had heard them mentioned on here.

I think the problem is there are so many variables relating to each individual claim ( date deposit paid, whether a guarantee  was issued, cancellation of contract etc) a pattern is hard to find. The only constant is we are all owed our deposits back legally and are entitled to costs and interest too. 

Hopefully  with the SC ruling, cases may be resolved easier in the future.

I have my fingers crossed for Father Christmas  bringing me a nice big cheque for Christmas this year, but knowing how long the whole  process  has  taken so far, I'm not overly optimistic! !

On a side note, I too am from Blackpool  originally and my Grandad lived in Poulton (Highcross Rd) until he passed away a few years ago. I still have some family who live in the area, but moved from Blackpool myself over 35 years ago! Small world eh.?

 

Community thread: HIGH COURT CONFIRMS THAT GENERIC BANK GUARANTEES FOR SANTA ANA ARE ENFORCEABLE

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03 Dec 2015 10:26 AM:

Hi John, 

No we didn't  have a bank guarantee. Cancelled contract in 2008 when Hdt first went into Voluntary Administration, and voted no to the subsequent deal offered by Hdt. 

Quite surprised  that BBVA didn't appeal. Although I think the SC Ruling occurred at the same time and may have been the reason that BBVA did not appeal, only speculating though.

Also SGR have  not been included in  the  judgement unlike in other cases. 

Speaking to legal team, they are appealing  judges decision to only award interest from the date we took the case to court (2009 I think) and not from the date we paid our deposit (Nov 2006).

To be honest, I had written the money off many years ago in order to be able to move on in my life, and although I would love to be awarded full amount of interests and costs, I would accept just the deposit back and an end to the whole 10 year saga !

Not sure when we will see any money and what amount it would be, it just seems to keep rolling on and on , sure BBVA will find another loophole to try and wriggle out of  paying it back 

Community thread: HIGH COURT CONFIRMS THAT GENERIC BANK GUARANTEES FOR SANTA ANA ARE ENFORCEABLE

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18 Nov 2015 7:02 PM:

Hi Emilio, is that the same process regardless of who is  the  solicitor?

I ask as my case was heard in early June 2015, with a ruling against BBVA issued in mid September. 

Heard from  our solicitor  this week, that BBVA have not appealed the ruling and was wondering  what  timescale is until  I  get  my money  back?

Is there a legal time in which BBVA have to  return  my money?

What penalties  are in place if BBVA fail to  pay within a  reasonable  time  ? 

Hope you  can  help  clear things up.

Community thread: HIGH COURT CONFIRMS THAT GENERIC BANK GUARANTEES FOR SANTA ANA ARE ENFORCEABLE

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