June 4, 2010 at 8:01 pm #55658
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 The property was not built as the building license was revoked.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.
June 4, 2010 at 10:03 pm #98906katyBlocked
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!
June 5, 2010 at 8:23 am #98907rt21Participant
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.
June 5, 2010 at 9:20 am #98908Fuengi (Andrew)Participant
June 5, 2010 at 9:51 am #98909mariosParticipant
Brilliant Claire and what a top notch Lawyer you have there in Carlos.
June 5, 2010 at 11:16 am #98912
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!
June 5, 2010 at 3:01 pm #98916
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.
June 5, 2010 at 3:30 pm #98919
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 😀
June 5, 2010 at 4:33 pm #98920
It has given me much pleasure to hear about your success considering the tribulations I suffered at the hands of those lawyers.
June 5, 2010 at 5:07 pm #98921
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.
June 5, 2010 at 6:46 pm #98922
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. 😉
June 5, 2010 at 9:51 pm #98925
June 6, 2010 at 8:36 am #98926
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.
June 6, 2010 at 10:03 am #98927
This is very uplifting news, congratulations.
I have sent you a private message.
June 6, 2010 at 11:07 am #98928
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!
Thanks for that. The date of the post (2005) is particularly poignant. And I believe it’s still going on now. Well done.
June 6, 2010 at 11:12 am #98929
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.
June 6, 2010 at 2:15 pm #98932DrRobertParticipant
June 7, 2010 at 4:45 pm #98966Chris MParticipant
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!
June 7, 2010 at 5:15 pm #98969
June 8, 2010 at 12:37 pm #98986
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.
June 8, 2010 at 2:28 pm #98990
June 8, 2010 at 3:24 pm #98993
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.
June 9, 2010 at 1:48 pm #99008
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
June 9, 2010 at 6:38 pm #99010
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.
June 10, 2010 at 10:08 am #99016
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!!!!!! 😆
June 10, 2010 at 12:08 pm #99021
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!! 😉 😆
September 17, 2010 at 7:16 am #100734
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.
September 17, 2010 at 7:47 am #100735
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. 😀
September 17, 2010 at 8:01 am #100736Fuengi (Andrew)Participant
better late than never.
September 17, 2010 at 8:05 am #100737
Thanks Charlie to you & K. Your support and help over the years is appreciated more than you can ever know. 😉 😀
September 17, 2010 at 9:49 am #100764katyBlocked
Demonstrates that justice can be done…with the right Lawyer. Cheers Claire 8)
September 17, 2010 at 12:27 pm #100743
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’ ? 😆
September 17, 2010 at 4:40 pm #100763
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?
September 17, 2010 at 5:49 pm #100750InezParticipant
Brilliant news Well Done!!
September 20, 2010 at 1:29 pm #100795
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
September 20, 2010 at 6:11 pm #100802
Ahh! I see the connection now Angie. It’s good to be able to be back! 😉
September 25, 2010 at 7:50 pm #100901
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.
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