Lawyers lost their appeal against us.

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This topic contains 36 replies, has 18 voices, and was last updated by Profile photo of Anonymous Anonymous 6 years, 2 months ago.

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  • #55658
    Profile photo of Anonymous
    Anonymous
    Participant

    As many of you (may) know, having won our case against Banco Popular for the return of our €100,000 deposit on the Santa Maria Green Hills development, we then asked our Lawyer to action a case against the Marbella law firm we engaged at the time of our proposed purchase.They asked for and we paid upfront, approx €7500, supposedly to pay all fees/costs to completion. The property was not built as the building license was revoked. Jesus Gil issued it!

    The Lawyers , who had done diddly squat to that date, kept all of the fees, despite telling us they would refund them, less some costs. :evil They were unbelievably arrogant in the way they treated us. They failed to get us a Bank Guarantee even though they told us we would have one.

    We made a complaint against them (in Spanish) to the Collegio de Abogados. They agreed we had a case to have money refunded to us. They called them into a meeting with our Lawyer…they failed to attend. An arbitration meeting was arranged infront of a Judge…again they failed to attend. Our Lawyer then said OK, we sue the company.

    We won our first case in December 2008, where the Judge denounced them as failing to act in our interest, especially as we were foreigners, but surprise surprise, they appealed. Our Lawyer embargoed some of their assets.

    Today, we received an email from Carlos informing us that the Marbella law firm LOST their appeal !!!!!!! Finally, a Judge has done the right thing and bought justice to the court room.

    For my husband & I ,above everything else, it is a moral victory. We cannot thank Carlos enough for having the “cahones” to take on another Lawyer. He is a real star.

  • #98906
    Profile photo of katy
    katy
    Spectator

    Fantastic news Claire 😀 If there were more results like yours then just maybe Spain could begin to emerge from the crisis. Your Lawyer is a treasure, he deserves a medal!

  • #98907
    Profile photo of rt21
    rt21
    Participant

    That really is really good news Claire.

    My impression of the legal system in Spain is that it is dysfunctional and loaded heavily against the consumer. It is refreshing therefore to learn that some parts do work in a way that is consistent with natural justice.

    Richard

  • #98908
    Profile photo of Fuengi (Andrew)
    Fuengi (Andrew)
    Participant

    Bravo claire.

  • #98909
    Profile photo of marios
    marios
    Participant

    Brilliant Claire and what a top notch Lawyer you have there in Carlos.

  • #98912
    Profile photo of Anonymous
    Anonymous
    Participant

    Thank you for your encouraging posts. 😀 We still cannot believe it. I think we are probably one of the first, if not the first to sue a law firm and win. (re. the corruption cases in Marbella) As you say Katy, Carlos deserves a medal!

  • #98916
    Profile photo of Anonymous
    Anonymous
    Participant

    This news should be shouted from the rooftops so that every one of the thousands of foreigners who have been cheated in Spain, and their dog, know about it.

    I’m only a recent member of the forum and don’t know the full history of the case, but maybe at some stage it could be set out in full and made available to other sufferers as widely as possible.

    And congratulations for being brave enough to carry on against the odds.

  • #98919
    Profile photo of angie
    angie
    Spectator

    Well done Claire and good luck to you!

    Knowing you from old, the old adage ‘be like a dog with a bone’ rings true, as you may remember we kept on at Awful until we won, then it took a while before they went bust and left Spain, and Ol Mac (eey aye eye aye oh fame) and cronies didn’t like that one bit!!!

    Great Joy 😀

  • #98920
    Profile photo of Anonymous
    Anonymous
    Participant

    Congratulations Claire.

    It has given me much pleasure to hear about your success considering the tribulations I suffered at the hands of those lawyers.

    Jon

  • #98921
    Profile photo of Anonymous
    Anonymous
    Participant

    Claire good on you & Carlos. The legal system is dysfunctional in Spain & would have remained this way until foreigner’s took cases to Court.

    It had remained so as the Spainards would not engage a lawyer as they have little faith in the competance or in the system &/or have the money.

  • #98922
    Profile photo of Anonymous
    Anonymous
    Participant

    Thank you Angie , Jon & Shakeel. 😀

    Jon, I’m especially pleased that you saw my post. I wanted to pm you, but wasn’t sure if you still logged into SPI. I know you had a truly dreadful experience with these lawyers which cost you dearly. I hope life is much better for you now.

    A very dear friend of both Charlie & I, kindly translated (the important bits of) the verdict for us. The Judge was very critical of this firm. He said that “the lawyers obligations are the means and not the results but with the same token in rendering these services he is supposed to do his job dillgently and correctly and conform with the rules and regulations of his profession and the law. These lawyers did none of this “!!!!

    The result is better than in the first hearing with interest being awarded from the date we first filed the case. Revenge is so sweet. 😉

  • #98925
    Profile photo of Anonymous
    Anonymous
    Participant

    Rocker, here is when/where it started. It cost us a small fortune to make wills which we didn’t need as there was no property!

    viewtopic.php?p=941

  • #98926
    Profile photo of Anonymous
    Anonymous
    Participant

    Great news.

    Carlos Cómitre is a hero.

    It just goes to prove that you can get justice in Spain, with the right lawyer and perseverance. You also have to be able to afford it, so I know it’s not easy.

    Mark

  • #98927
    Profile photo of Anonymous
    Anonymous
    Participant

    Claire,

    This is very uplifting news, congratulations.

    I have sent you a private message.

    David

  • #98928
    Profile photo of Anonymous
    Anonymous
    Participant

    @Claire wrote:

    Rocker, here is when/where it started. It cost us a small fortune to make wills which we didn’t need as there was no property!

    viewtopic.php?p=941

    Thanks for that. The date of the post (2005) is particularly poignant. And I believe it’s still going on now. Well done.

  • #98929
    Profile photo of Anonymous
    Anonymous
    Participant

    We need few more such high profile cases to be brought to light not only on this forum but also in the Spanish media. Along side stiffer penalties and action by the colegio.

  • #98932
    Profile photo of DrRobert
    DrRobert
    Participant

    Well done!

  • #98966
    Profile photo of Chris McCarthy
    Chris McCarthy
    Participant

    Yes, very well done indeed.

    It kind of beggars belief that the law firm just didn’t settle this a looong time ago.

    But then, a lot of things beggar belief really from that time and to this.

    However, you seem to have given them a jab in the eye with a sharp stick so well done again!

  • #98969
    Profile photo of Anonymous
    Anonymous
    Participant

    Thanks Chris. 🙂

    @Chris McCarthy wrote:

    However, you seem to have given them a jab in the eye with a sharp stick so well done again!

    Oh! I wish!(literally) 😈

  • #98986
    Profile photo of Anonymous
    Anonymous
    Participant

    Congratulations. I am really delighted for you. At long last I have heard of someone getting justice against a Spanish Lawyer. It has made my day.

  • #98990
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi HTaylor,
    I took a look at your profile as your name was not familiar to me. I checked out your posts and see that we have had a conversation last year! 🙂 viewtopic.php?f=2&t=4172&start=15

    How are things going for you now?

  • #98993
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi Claire
    It was me that pm’d you asking for your lawyers name. Sadly we are no further on. We paid quite a lot of money to a Notary Public here in UK to find us a lawyer willing to litigate against our Spanish lawyer. 2 years on and he has found nobody. We are despondant.
    I am so happy for you. Well done.

  • #99008
    Profile photo of Anonymous
    Anonymous
    Participant

    Just wanted to pop back in and say Congratulations Claire….

    I am so pleased for you and your lawyer is indeed a star. Well done on having the guts to see it through.

    We are 2 years into the process of trying to get back 133000 euros and we’re going after the developer, the lawyer and then possibly the agent. I’m most looking forward to going after the lawyer if that’s at all possible. You just would not believe what he did. Or perhaps you would!!!!

    Maria de Castro is representing us and although progress is painfully slow, made worse by our developer entering into administration, she is optimistic we will have a good outcome.

    Fingers and toes are crossed.

    well done again

  • #99010
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi Wigangirl,

    It’s GREAT to see you posting and to know that you are still fighting the b******s!! 😀 Maria is a great Lawyer, and an “open book” …so helpful. Good Luck with your cases and I hope to hear good news from you in the future. 😉

    Thank you so much for taking the time to post to me. Much appreciated.

  • #99016
    Profile photo of Anonymous
    Anonymous
    Participant

    Claire –

    great news, and once again a big ‘well done’ to Carlos. We all know how reluctant a lawyer normally is to go against another – Carlos is certainly his own man!

    Don’t spend it all at the shops now, you know what you’re like!!!!!! 😆

  • #99021
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi Charlie,

    K was the first person we told (especially as we needed a translation of the judgement!! 😉 ) . We were REALLY surprised with that result but needless to say..DELIGHTED!.

    Don’t spend it all at the shops now, you know what you’re like!!!!!!

    K suggested we spend some in Crete!! 😉 😆

  • #100734
    Profile photo of Anonymous
    Anonymous
    Participant

    An update:

    2 days ago we were advised by our Lawyer that Direct Lawyers Marbella have at last paid the money owing to us into the Court. It should have been paid within 10 days of their losing their appeal! We had to wait until September (after the August shut down of the legal offices/courts) before instructing our Lawyer to action the embargoes he had put on their assets. Clearly it was the kick in the butt they needed. 👿

    It beggars belief that this company is continuing to practice, given the contempt they show their own legal system. They obviously think they are above the Laws of Spain.

    Many thanks to our Lawyer, Carlos Comitre Couto, for his professionalism and support in bringing about a successful conclusion to our claims of actioning our Bank Guarantee and suing the law firm we used for the purchase process.

  • #100735
    Profile photo of Anonymous
    Anonymous
    Participant

    FINALLY! Great news Claire that this is over at last.

    Getting justice in Spain is like extracting teeth. As Chris Mac. says “Jeez…..”

    At least you (and Carlos) never gave up and got there in the end. You got the b*****ds.

    I can feel your satisfaction (and relief) from here. 😀

  • #100736
    Profile photo of Fuengi (Andrew)
    Fuengi (Andrew)
    Participant

    better late than never.

    congrats

  • #100737
    Profile photo of Anonymous
    Anonymous
    Participant

    Thanks Charlie to you & K. Your support and help over the years is appreciated more than you can ever know. 😉 😀

  • #100764
    Profile photo of katy
    katy
    Spectator

    Demonstrates that justice can be done…with the right Lawyer. Cheers Claire 8)

  • #100743
    Profile photo of angie
    angie
    Spectator

    Glad to see you back Claire, we wondered where you were!

    Also, we, 😉 , are very pleased you’ve got your money back, are we the Bulldogs for nothing, we won as you know too.

    Should we start a Spanish Estate Agency called ‘No Bullshit, Just Bulldogs’ ? 😆

  • #100763
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi Angie,
    I couldn’t log in for about 6 weeks. It happened before and with Marks help I got in but this time he was on holiday so couldn’t sort the problem out. “It ” would not accept my password. I asked for a new one but it then said I had exceeded my log in attempts. 😕 This morning I thought I’d give it another go using my original password and Hey Presto! it worked. 😀

    Angie, did you win a case against DLM too?

  • #100750
    Profile photo of Inez
    Inez
    Participant

    Brilliant news Well Done!!

  • #100795
    Profile photo of angie
    angie
    Spectator

    Claire, you may remember that we hounded Ocean Estates to give our money back on 2 off-plans, it took nearly 4 years but we did it, their recommended lawyer changed their name 3 times in 3 years and became DLM who didn’t owe us anything in fact, apart form compensation for all their grief, however they forgot to charge one lot of commission so we reckon that was a win for us. They were dreadful and were working more for Ocean and the Promoter, not us, so we did not feel guilty one iota, they’d buggered everything up anyway.

    So good to see you back

  • #100802
    Profile photo of Anonymous
    Anonymous
    Participant

    Ahh! I see the connection now Angie. It’s good to be able to be back! 😉

  • #100901
    Profile photo of Anonymous
    Anonymous
    Participant

    So many Lawyers were recommended to the buyer by the Estate Agent or Developer.

    It is clear that over the past decade many Lawyers had a conflict of interest and were not acting in their clients best interest.

    It is great news to see that some are actually being held to account and being made to pay for their complete lack of professional due diligence.

    Kind regards

    Keith
    http://www.bankguaranteesinspain.com

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