- March 6, 2008 at 3:21 pm #53752
In 2003 we invested E125,000 in an off-plan property in Elviria, Costa del Sol, Spain, called Las Vistas; the developer started to build then was stopped by the local authorities about two years ago due to non-compliance with some local laws – it also coincided with the Marbella corruption arrests and the subsequent close of the Town Hall. We were advised by our solicitors, M* to go to court to try to get our deposit back. There was a court hearing in September 2007; judgement was not made (according to our solicitor) because the developer asked for more time to ‘prepare’ his case; our solicitor assured us this would only take 4-6 weeks but it’s now heading for six months. Our solicitor says there’s nothing he can do, he has to wait for the Town Hall to send information and they’re being ‘very slow’…communication between his office and us has now dried up, we’re very frustrated, not to mention completely broke.
Should our deposit have been returned by now under EC law.
Is there any way anyone could help us? Obviously we have endless documents and correspondence plus property contract so if you can, we can provide you with all the details.
- March 6, 2008 at 3:39 pm #79631
Las Vista was indeed stopped for many reasons and it is indeed one that will very likely be demolished from the information I have.
This should be a straight case of claiming on the Bank guarantee however as many are finding out this is not easy
Thankfully you have some on this forum and in this very area that can advise on this for you.
Charlie + Claire ?
Solicitors Marti—- ?
- March 6, 2008 at 4:00 pm #79634
Thanks for the p/m and have tried to return a reply but as with Charlies earlier it appears stuck 😕
Solicitors? Thought so ? and the sales agents are well known indeed to the forum 😈
You need to start with appointing another solicitor as a matter of urgency and am sure the forum will agree.
I can supply details or I am sure that those mentioned in my last posting will be more than willing to help.
Yes I do feel you do have ?
- March 6, 2008 at 7:29 pm #79641
I have replied to Nick’s pm via a pm.
- March 7, 2008 at 8:05 am #79649
I have no personal knowledge of this development (only hearsay) so unfortunately cannot be of much help.
I do hope amongst your ‘endless documents’ that you have a Bank Guarantee (called Avala in Spanish) – suggest you look for this as first step. Unfortunately your lawyer’s firm is notorious for not obtaining these for their clients. If you can’t find it and your lawyer says “don’t worry, we have it in our office”, demand they e-mail a copy over. Hopefully you do have one but don’t believe it until you see it.
In my opinion I suggest you do as Frank recommends and get yourself a new lawyer asap, especially as on your own admission, communication has “dried up”. Surprise, surprise. One guess why and where their main interest lays (lies??!). Even during court cases in some instances I know of. Some on this forum recommend them but I know of too many horror stories regarding this firm.
Checking for your Bank Guarantee first and then obtaining a new lawyer are priority for you in my opinion. Let us know how you get on.
- March 7, 2008 at 11:01 am #79658
We also bought in this development off plan. Our lawyers M* attended a preliminary hearing on 3.12.07 and said we had won the court proceeding. What does this mean as they said we will get our money soon. If the developer does not pay then we go to court. Looks like a long process
- March 7, 2008 at 11:36 am #79659
3 months have passed since your court hearing. The preliminary hearing was I am assuming, to decide whether or not the developers had a case to answer to. It appears they have. Ask your Lawyer what is happening, if a new date has been given for your case to be heard. You need to keep onto the case regularly. Out of sight is out of mind with some people.
I hope it goes well for you.
- March 7, 2008 at 11:40 am #79660
Our hearing was in September – judge said we had a case, but developer asked for time and paperwork from Town Hall. Our lawyer told us it would take 4-6 weeks. As of last night still waiting for lawyer/town hall to get paperwork to judge. So that’s 6 months so far!!
- March 7, 2008 at 1:26 pm #79667
Said the similar to me,however they had it all of the time.
- March 7, 2008 at 2:57 pm #79674
What???? Who had papers? Lawyer, town hall or judge?? How did you find out?
- March 7, 2008 at 3:20 pm #79676
How did I find out? Went to Spain.
Sat in the waiting room for 4 hours/threats of calling the police/threats of physical violence/subject to abuse of what they think of the Brits.
As no one could use the waiting room with the rumpus going on and there were 3 solicitors out of action they decided to hand it over.
Ask THEM :)THEY WILL REMEMBER ME I CAN ASSURE YOU OF THAT. 😆 Ask THE SOLICITOR 😉
- March 7, 2008 at 3:24 pm #79677
Sorry to keep bombarding you with questions … where did you sit for 4 hours? Martinez offices, the town hall or the court? If the court or town hall – which one?
Thanking you so much
- March 7, 2008 at 3:40 pm #79679
Hello The Works,
If Just Frank is talking about getting his papers transferred from XX to his new lawyer – this is similar to what I had to go through. My new lawyer had to denounce M-E twice before my file was eventually handed over, and then it wasn’t complete, so thank goodness I kept copies of everything. Many of us have reported this firm to the Colegio de Abogados also. Of course, it is your decision to make, but personally I would urge you to change lawyers without further delay.
I have recently heard from someone who had their court case cancelled twice due to “the correct papers not arriving via the Town Hall” – the last time was 3 days before the hearing was to go ahead ❗ I think this may be a similar scenario to what you are now having to deal with, and appears to me to be a totally unacceptable delaying tactic.
Edited to take out initials – sorry
- March 7, 2008 at 3:50 pm #79680
Oh. The offices and very nice they are too. 😈
The problem you may have is that they may say that they havent got what you want.
Next stage they will be wonderfully kind to you and promise the world.
Next stage is that they will refuse to let you have the file and they have to check that you have made payments regarding the deposit stage.(COVER TRACKS MORE LIKE)
Next stage is the person you need to speak to anyway is in court.
Next stage is they managed to contact the person in court and you can come back in a week.
4 HOURS LATER YOU WALK OUT WITH WHAT YOU WANT while your wife and daughter are crying in fear the husband/dad is going to be locked or beaten up.(problem there was only 3 of them). 8) 8) 8) 8) Super cool Frank .
I am over in a few weeks. Buy me a beer and I will come to the offices with you. ROUND 2 😈
ITS IMPORTANT THAT YOU DO NOT MENTION THE FULL NAME OF THESE ON THE FORUM.
- March 7, 2008 at 4:19 pm #79682
Thanks Frank for all your help. Its been very useful. I will keep you updated. Have a good weekend
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