Actions against Banks according to LEY 57/1968 & Purchase Contract Cancellation Testimonials

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Hi Maria
I would just like to Thank
you and your team again for the recovery of our deposit. We paid the deposit to San Jose in 2006 it has been a long road !! We had two solicitors before you which got us nowhere, Then I decided to give you a call , which was definitely a good decision , you were confident that you could get our money back which has proved correct !
It has been a very stressful time and I now look forward to receiving the interest back shortly .
Thanks again and I know if I hadn’t contacted you I would have still not received any money back at all
Very Best Regards
Mark

Mark April 2017

We would like to recommend this team of lawyers to anyone out there who is considering taking builders or banks to court for breech of contract. We had high hopes of having a holiday home in BIgastro, not far from Torrevieja. In 2006 we  paid a cash deposit and later a second cash sum into LA Caixa bank. As the 2008 crash took place we discovered our site and communal pool had been abandoned by the builders . Today 10 years later that site has gone to complete wreck. We were distraught at the impact upon us financially. Having read about Maria and her team on Eye on Spain website I decided to use them to help us go after our large financial loss. The builders declared bankruptcy so Maria and the team took the bank to court. This all started in 2010. Costaluz handled everything with upmost profession and although everything is very slow in Spain with vast holdups in court , eventually we got the news just at Christmas 2016 that we had won the case and we’re getting our two cheque amounts back plus ten years interest to be paid by the bank. Despite a long procedure and a lesson in patience we are delighted with the outcome and would recommend anyone in a similar position to check this company out. They did not disappoint and I was most impressed with the detailed breakdown of costing right at the end. Please do consider this team. We were unsure at the start but on reflection it is one of the best decisions we made.

Adrienne Rea,  March 2017

Off-Plan Angels

At the outset we made it clear to Maria del Castro, at Costa Luz Lawyers, that a moral victory was of no interest to us.  Our off-plan dream had turned sour and we were left with big debts and nothing to show for it.

Maria and her team carefully studied the case and agreed that our cause was a very good one…..

and that legal action should be fruitful.  We realised of course from the outset that there were no guarantees and that this would be a long and protracted process but we were encouraged to proceed.

Finally now, after about 10 years of due process and 4 court cases (local : departmental : supreme) we got our definitive answer.  In what is being heralded as a landmark case – that should help others compromised like us in the ‘off plan minefield’ – Costaluz Lawyers won the day.

Of course we were over joyed with relief. We had been living under the emotional and economic burden for a very long time – without any way to resolve the accumulated debt.  Thanks to the dilligence and determination of Maria and her team at Costaluz Lawyers we can at last consign this unhappy experience to the archives – under satisfaction achieved!!

 

NB  A word to the wise.

  1. a) Whilst we did win, we still did not get all our money returned.

As the Judge in his wisdom did not award costs in each case presented,

we had to pay most of our own legal fees etc, which totalled over 70k€.

Inevitably this significantly mitigated our victory.

  1. b) You cannot be in a hurry.

We knew such legal action would be lengthy – we expected maybe 5 or 6 years.

As stated it was more like 10 !!

Even once the courts had come to a conclusion it took over 1 year to release all the funds.

  1. c) Be aware of the risk!!

In our naivety, only now do we fully appreciate how much was really at stake.

Thanks to this successful action our overall loss was reduced from about 170 to 70k €.

A very substantial (if not completely vindicating) victory.

Had we lost the court case as well however…. the mind boggles…

Legal fees are horrendous for such protracted action.

All added together this could make a total of well over 300k € lost.

I don’t quite know how we would have handled this double whammy….!!

What a massive relief to now be able to talk about the whole experience in the past tense!!

Thanks Maria and your team at Costluz, for all your sustained efforts and hard work over all these years on our behalf.  Certainly we would have had no hope of recourse without it……

Isabelle March 2017

What a relief!

February 2017 has arrived – some 11 years after we thought we had purchased our dream home on a beautiful Spanish island – how wrong can you be?

For whatever reasons, in the intervening period, our development did not materialise, our large deposit disappeared and the developer went into liquidation – believe me, a nightmare scenario all round! More so, when we had gone out of our way to be careful and ensure that “it couldn’t happen to us” – we even had a second lawyer checking the contract and the main lawyer’s work – all to no avail!

We subsequently spoke to various law firms at home and in Spain, who basically did not offer us any hope and whilst they said court action could be taken, offered us little chance of recouping our deposit.

Then at our wits end, and after trolling through the internet for any scrap of information that may be of use, we came across (on Eye on Spain) testimonials and articles written by other people in a similar position to us, they were all using “Costaluz Lawyers” who were seemingly achieving results in areas where other lawyers “feared to tread”.

We contacted Maria, who gave us the solid and sensible advice we were looking for and the glimmer of hope we needed not to just write off our deposit and walk away, which we were so close to doing.

That was some 8 years ago and since then, along with her team and associates, Maria has taken our case through the (painfully slow at times – so be patient!) process of the Spanish courts, one step at a time, and at times waiting for other cases to be completed so the judges findings could be used to strengthen our case.

Initially we had a case against the developer, which we (Costaluz Lawyers) won, however in the meantime the developers went into liquidation, so subsequently (2016) proceedings were taken against the banks.

So here we are 11 years on, a lot older and wiser, but most importantly once again smiling as we have just received settlement for our “lost” deposit and interest – which we never realistically expected to see again.

Needless to say my wife and I are over the moon and we would like to express our gratitude to Maria and her team who have achieved what we thought may well be impossible.

Throughout the process the whole team have acted in a professional, trustworthy and diligent manner – I cannot recommend them highly enough!

Kevin & Barbara G………………… February 2017

Kevin & Barbara - February 2017

Costaluzlawyers can not be praised highly enough!

They, not only went where other lawyers feared to go, taking on the big developers, & even BIGGER banks, but WON, paving the way for  others to follow suit, giving justice to the ‘little man’ for a change’.

And all this was done with a high degree of customer service throughout’.

Kind regards

Carl Bedward November 2016

Senora—Please excuse me, but I wanted to write to you in English so that I can express my feelings properly concerning Mar. After many years in the corporate field, I recognize that the true worth of an individual is how they behave when there is a crisis. Any one can handle the normal times. 

Well, in our case, even though we had planned the trip well and had prepared all the necessary documents, an unexpected illness occurred. Right from the beginning. Mar made both Paula and me feel very comfortable even with the unfortunate turn of events. Mar handled herself with confidence, personal concern, knowledge and leadership. When you are on the opposite side of the ocean, facing the legalities and procedures of a foreign land ( even though it happens to be a wonderful place like Spain), the level of anxiety intensifies. Financially, we are buying a place in Puerto Rico and really needed the Spanish apartment sale to go well. So our stress factor was very high. 

In summary, Mar’s performance for us was outstanding. I’m also certain Mar will handle the remaining tasks of closing the bank account and bills, and transferring the money equally as well.  Paula and I are very fortunate to have Mar ( and the rest of your team) represent us. So we are big fans of your firm and if you need anything from us, do not hesitate to call upon us.  

Warmest regard—john y paula fabrizio  

John y Paula Fabrizio - June 2016

May I take this opportunity to express our thanks to all the team at CLL.

We wish you all the best for in the future and hope you have further success in all the cases you have.

All the best

Dave Burkill

Mr. Dave Burkill - May 2016

Dear Maria

Thank you so much for everything you have done. My husband and I are so happy and relieved to have our money back. We very much appreciate that you found our bank guarantee and made this happen. I have been a total pain I know but It’s been so long since we invested that money into our dream holiday home in Spain and we had no faith at all after what happened. Thank you for putting up with me and getting us here at last.

Can’t wait to tell the news of all you have done for us. Thank you also very much to Keith Rule for all his help and patience with me, (Dale)

Many thanks and very best wishes

Dale Hudson & Roger HudsonEngland

My first contact with a Spanish solicitor ‘direct’ (not via the selling agents) was through meeting an English couple who knew someone who recommended to use that solicitor. That was in March 2006, when I didn’t have any experience of solicitors other than conveyancing. I paid 300 Euros that day, so had no time to contact any other solicitors. He told me he couldn’t advise me when I asked if we could do a joint developer/bank claim, although he won two court hearings against the developers (the First Instance & the developers appeal) nothing happened. Someone else I knew recommended another UK (Cardiff based) solicitor/notary. I paid for him to continue with the claim….he was in contact with someone at Banco Pastor/ Banco Popular but nothing came of this either. Eventually I asked Maria and her team to help with my claim (in 2012). Maria and the team won the bank guarantee court hearing in December 2012 and I was refunded the capital less the legal costs in July 2013. I recently received the legal costs and interest last month. Costaluz have also been very patient with me when I have vented my frustration with the litigation timescale. So a big thank you to Costaluz Lawyers for their success so far…..I have a further claim going through at present, and am recommending Costaluz to others in the same position as me.

Mrs Malouf

Mrs Malouf - November 2015

We read your article about BANK GUARANTEES LEY 57/1968 about 2 years ago and contacted KEITH RULE ! Although you we did not go with you (we used our original solicitor because we had expenses tired up with them) we WON OUR COURT CASE and now have our money back!!!! We want to THANK Costa de la Luz for their MASSIVE WORK done and the articles they have published!! We never thought we would get our money back as this has been going on since 2007! THANK YOU

Michael & Christine Greer - November 2015

Case won.

We are delighted to have recovered out deposit from an offplan development in Villamartin. The development wasn’t finished in time so we decided that since we had a bank guarantee we would take legal action against Cam/Sabadell bank. Our solicitor at the time was against such action so we looked to Costaluz Lawyers.

Maria and her team took us on and even though we lost the initial executive decision, Maria appealed through the courts and we won our case which wasn’t appealed by the Bank.

Spanish court system is very slow and I firmly believe that this is deliberate in order to discourage us and others like us taking legal action. It took over 6 years to recover our initial deposit and a small amount more – we are waiting for a breakdown of the settlement from Costaluz.

I know that there are many others out there in the same position that we found ourselves in. Communication from Costaluz lawyers is not great – even poor at times. However, Maria has had a good record of recovering deposits for her clients so my advice to those of you, who are still wondering if it will ever come to an end, to persevere and hopefully all will be resolved to your satisfaction.

Again, I wish to thank Costaluz lawyers for their efforts on our behalf.

Thanks Maria.

Manus1

 

Manus - August 2015

Dear Reader,

 

If you are reading this testimonial it may well be because you are looking for a good Spanish lawyer to handle a legal issue for you. It may be that you have bought a property “off plan” where the developer has not lived up to his obligations or you have been unfairly treated by your Spanish bank. Whatever the legal problem I can absolutely recommend the services of Maria and her team.

 

In my case we had agreed to buy 3 luxury apartments “off plan” in La Manga from a developer called ASONE. I insisted on (and got) bank guarantees before contracts were exchanged. It was about this time that there was a lot of bad publicity concerning developers going bankrupt and scandals where banks were grossly overvaluing properties especially to foreign nationals just to lend money. I was also aware that the development was falling behind and was unlikely to meet its own completion targets. I decided to that it would be better to cancel the contract. Clearly I needed a good lawyer and as I do not speak Spanish nor do I understand Spanish law I needed one that could explain things to me in simple English terms. Fortunately I found Maria. She and her team quickly establish that the contracts I’d signed from the developer contained many “abusive clauses” which in itself would be grounds for me to cancel the contracts and get back my deposits. However the developer was not prepared to allow this so litigation was the only way forward.

 

Midway through our case the developer went bust. Fortunately the bank guarantees were valid and Maria then pursued the bank. They were less than forthcoming and battle commenced. On the day of the court case the banks lawyers raised 42 points to defend their case. Our lawyers raised one. That being that written into the contracts was a clause that states that according to Article 3 of Law 57/68  the seller must obtain a Certificate of Occupancy from the Town Council (which effectively means the development is completed) by a set date which is specified in the contract.  In our case this deadline was not met. On that point alone the judge awarded us the case – return of all deposits plus interest at 6% simple and legal costs. If that was wasn’t the case I am still confident that we would have won on the basis of the “abusive clauses” contained in the contracts.

 

I hope my testimonial along with the others on this website will be of use.

Lawrence Ward - August 2015

Hello Maria,

We purchased an apartment off plan 8 years ago, the construction company went bust shortly after, during the crash, the project was rescued by another construction company but the completion/hand over date would now be 2 years later than our original contract stated, this was too long for us so we contacted our lawyers (lawyers of spain) who helped with the original purchase to action our bank guarantee, they where awful, even with a bank guarantee (a must when buying property in spain) in place they informed us that we could not claim anything back, after countless emails, phone calls, different people handling our case we eventually had to fly out for a face to face meeting but it was no good they did not want to help. So we used the remaining  time to contact Maria who we had found out about on the ‘eye on spain’ blog, she agreed to meet with us almost straight away and we are so glad she did, right from the get go she made us feel more confident
about our position and agreed to help, she explained how slow the legal system is in spain, how the insurance company will try everything not to honor the bank guarantee with appeal after appeal and of course the additional charges that would be required to proceed forward, all of which would be returned should we be successful.

Early 2014 and we where contacted to confirm we had won our case, absolutely delighted does not cover it ‘costaluz lawyers’ delivered big time but it was not without its problems along the way, they had previously told us by email in 2013 that we had won also but unknown to us the appeal system in spain is quite complicated and the insurance company was just gonna drag it out as long as possible. We had to go to spain to testify in court but again this was a tactic by the insurance company to put us off persevering with the case and finally the communication from ‘costaluz’ could be much better but considering I am sitting here with 100% of my deposit and interest on top I feel I am being a little picky, but if you reading this then you are having some sort of legal problems in spain and I want you to be better informed than I was, so would I recommend ‘costaluz lawyers’…

…So much so that we are thinking of trying to purchase in Spain again and they are the ONLY lawyers we will use.

Maria, Thank you (and your team) so much for your help you really restored our faith in all things Spanish,

Regards

Seamus, Elaine, Finn, Ella & Eva

Seamus Casey - June 2015

I have been acquainted with Maria de castro for more than 11 years while I have been fighting to have my money refunded for non completion of property. From the beginning I was sure that I would eventually receive what was mine. Her company has kept me informed at all times with updates on a regular basis. Over these 11 years I have seen Maria implement improvements in communication,giving me more confidence in a good outcome. At all times they have dealt with me with complete transparency and honesty. Communications have always been courteous. When dealing with a difficult and complex legal system I have been comforted in the knowledge that Costaluz is on my side. I would and have recommended them to friends who are buying property in Spain.   Innes Mathers

Innes Mathers - June 2015

COSTA LUZ Testimonial

I found Costa Luz lawyers after a long process of searching for an honest and reliable legal team to help us get back deposits that had been unlawfully transferred by a lawyer and bank to a corrupt

developer. I write this introduction to be perfectly clear on how scared, vulnerable and helpless I was by the time I finally found Maria and her team of lawyers at Costa Luz.

We had been deceived and bullied by the original legal firm who carelessly transferred our savings directly into an inappropriate bank account which is contrary to Ley 67/58. Maria was the light at

the end of an incredibly long tunnel. She had a deep knowledge of Spanish property law and was professional whilst having empathy with my distress.

We are not at the end of the process of getting our deposits back, but we have won one case. I implicitly trust the Costa Luz team led by Mara Del Castro to understand the facts and law

surrounding our case and robustly represent our case in the battle to get our deposit back.

I would recommend Costa Luz to other people in our situation and would be prepared to share my experience with anyone considering being represented by Maria and her team.

Liz Gray

16/06/15

 

Liz Gray - June 2015

Dear Maria
Words cannot express our thanks to you and your company for all the help and support
We have received part of our money and hope to receive costs and interest soon
Without your help this would not have happened
It is sad to think we have had to have two previous solicitors whom didn’t act accordingly
We we’re so thankful that your name was passed to us
Thank you once again and hopefully we will receive the rest of our money soon
Kind regards
Marilyn and alan Harris

Marilyn & Alan Harris - June 2015

Dear Maria,

I would like to thank you and your team for all that you have done to obtain a full refund of our deposit with interest.  Although it took quite some time for all the legal ramifications to be sorted, we are very happy that the court acted in a way that will benefit others who might find themselves in a similar position.
 
Kind regards,
S Lee-Starr
P Skinner

S Lee-Starr & P Skinner - June 2015

Maria and her team at Costaluz Lawyers have been fantastic at recovering not only the deposits but also expenses on the properties we tried to purchase in El Pinet,Spain. Please feel free to use this testimonial on any website you see suitable….once again many thanks….Nigel and Jan.

Nigel & Jan Dix - January 2015

We put deposits on 2 units in El Patio in 2014 with agent Darren from Andalucian Dream Homes, we were told we had bank guarantee and if anything went wrong we could be assured we would get our deposits fully refunded.. we did 10 years later!! After many years of phonecalls, emails, trips, work, tears and arguments with useless if not corrupt Lawyers of Spain (LOS) we almost gave up. I received an email from another purchaser in the same development in Feb 2012 and it was the turning point for us when he told me he had received notification of a getting his funds returned and the lawyers he used were Costa Luz Lawyers based in Algeciras (Cadiz).

It was a bit of work changing from LOS to Costa Luz we had to go to a Notary and get paperwork from LOS to give to Maria and her team to become our legal reps, from that day we saw the light at the end of the tunnel. The process took time but I must say Maria and her team at Costa Luz Lawyers have been so amazing, always professional and helpful they got on with the job and kept me informed. We received some of our money back in Feb 2014 and the remainder (2nd dep) in August 2014 so we are thrilled! Maria and Costa Luz restored our faith in Spain, we found it hard to trust another lawyer after our experience but if you are in a situation like this I would say call Maria now there are still people you can trust in business in Spain.

Regina Hurley

 

Regina Hurley - January 2015

Dear Keith.

Thank you for your swift reply. It feels so good to even get to this stage in the process after years of uncertainty even though we know it is not yet over.

We followed your case almost every step of the way and watched your excellent interview through the internet.

It would have been so good to share our process with someone like you who had been through it all but we did not know how to make that happen.

So that is why it feels strangely reassuring now to be able to write like this to you after so many years of being on our own in this whole process.

We received a “CONGRATULATIONS” from Maria this morning. It feels amazing!

We are so grateful to Maria also as she was the one who believed we had a good chance of winning.

Our case really began to take shape when we engaged Maria as our lawyer.

Thank you to you Keith for making us feel as if we matter in this massive and complicated judicial system. We wish we had been able to converse with you in the past.

Kind regards.

Joan and Neil Hallam.

 

Joan & Neil Hallam - December 2014
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