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José M.
José M., Attorney
Category: International Law
Satisfied Customers: 6083
Experience:  Spanish Attorney
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Good evening i am trying to get advice on how to take action

Resolved Question:

Good evening i am trying to get advice on how to take action against Banco BPI in portugal following an off plan deposit which was paid to a Spanish developer and due to non completion issued a lawsuit for return of deposit,this is despite the solicitor telling the developer to return the deposit and cancelling my contract which had a clause to allow opt out ,the Bank saying that promissionery note was not cancelled ,the lawsuit took 3 years to go through the courts and the developer went into administration at no time did the bank ask for joint interest on the action furthermore the bank manager said he had agreement with developer to return deposit when questioned in Lisbon in November 2014 in solicitors office said " is this conversation being taped" .The lawyer and the bank manager are complicit to deception and allowed developer to keep the deposit and sell the apartment at a knock down cost .This goes back to 2007 and now the bank want me to reimburse them for the deposit"!!! I have looked at the court case in Spain the Supreme court LEY 57/1968 which is identical to my case yet this is not valid in Portugal . Surely there must be something that i can do to protect myself and there must be other people who have the same problem. They are all crooks and justice must prevail i never had the deposit the bank paid this direct surely they should have ensured they had a Bank guarantee in place with the developer . your advice would be welcome.
Thank you Keith Fowles
Submitted: 2 years ago.
Category: International Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
Thank you for contacting JustAnswer.co.uk.
It was brought to our attention that you asked a legal question about Portugal, where we do not have active professionals. As much as we would like to assist you, we have to be honest and say that the best we can do is maybe to provide a legal Internet researcher who might be able to find your answer. We realize that option is not ideal, and we always want to provide our customers with the best possible answer.
At this time, we'd like to give you the option of leaving your question open. Keep in mind that you're never obliged to accept an answer that you're not satisfied with, and you can try it out before you accept. Or, we can close your question page for you, if you prefer.
Please let me know how you’d like to proceed,
Nicola
Customer: replied 2 years ago.

Good Morning Nicola

Thank you for getting back to me any advice would be welcome , so look forward to hearing from you ,
Kind Regards
Keith

Expert:  José M. replied 2 years ago.
Hi Keith
I am José M spanish solicitor
I have a doubt in your case
The spanish developer finished his job and could probe that your deposit is in Portugal or not?
Thank you
Customer: replied 2 years ago.

Good Evening Jose
Sorry but do not understand your question .The developer was in Breach of contract and i issued a lawsuit for non completion , he was informed and the bank said they had agreement in place and that he had to return deposit. My lawyer instructed and informed the Bank under the terms of the contract but the lawyer failed to carry out her obligations , the bank manager is corrupt and deceived me in telling me they had agreement with developer and that if the developer wanted to sell to another buyer that they had to return the deposit. the apartment was sold to another buyer at a knock down price .
The lawyer is negligent and the manager complicit in a fraud i never had the money this went straight to the developer just like your cases LEY 57 / 68 .

Thank you

keith

Expert:  José M. replied 2 years ago.

Hi there, as you explain, the person to be sued or demanded is the developer in Spain who never could prove to send the money to Portugal as you ask for
So, demand in court the developer in Spain and go againts him at court

According to Spainsh law you have 15 years to demand him
Thank you

Customer: replied 2 years ago.

Good evening Jose
As i read this providing we can find him i can sue him personally ?
Regards

keith

Expert:  José M. replied 2 years ago.
Yes, he was contracted to se de the money to Portugal and ir never was there, so, you could sue him for negligence, here in Spain
Thank you
Customer: replied 2 years ago.

Good Evening Jose
Thank you how do i go about this , maybe you can assist ?these people are crooks and need to be caught ,they are no longer trading so will need to go after the directors personally ?
Kind Regards
keith

Expert:  José M. replied 2 years ago.
May be the first step is to know if the developer was really an honest professional or everything was an scam from the begining
In order to know that I recomend you to contract an spanish attorney who study the case for you in order to demand them here in Spain
Thank you
You could contact
http://www.strongabogados.com/index.php

Thank you
Customer: replied 2 years ago.

Thank you .
keith

Expert:  José M. replied 2 years ago.
Thank you Keitj
I gently ask for a good rate of the service, its important for me
José M., Attorney
Satisfied Customers: 6083
Experience: Spanish Attorney
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