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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 5983
Experience:  Spanish Attorney
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I took a lawsuit against a Spanish developer to cancel the

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I took a lawsuit against a Spanish developer to cancel the contract. I won the case on Appeal. However, I then discovered that the lawyers in Spain had under-claimed the sum involved by approx. 30,000Euro. When the lawyers eventually admitted to their mistake they said they would take another case for the outstanding sum but only after I had received the settlement for the first case (at their expense). Some 18 months later the Court has still not been able to obtain the settlement.
I am informed it is possible to take a case against the bank but this would involve around £7000 which I do not have available.
As the lawyers would have to take a case against the developer and/or bank for the under-claimed amount I think it would be reasonable for them to take the case against the bank for the entire sum without me have to pay upfront fees - these could be settled upon wining the case (which they consider highly likely). It would obviate the need for them to take this second case at their expense.
I consider their original error to be very serious.
Do you consider I have a case to make the suggestion that they take the lawsuit against the bank at their expense (for the entire sum)?
Submitted: 3 years ago.
Category: Spain Law
Expert:  José M. replied 3 years ago.

José M. :

Hi there

José M. :

José M. spanish solicitor

José M. :

Its hard to think an easy answer in your case, as long as you had wasted time and money for the lawyers mistake.

José M. :

I think that the reasonable way to manage it, its to try a deal with the lawyer who made the mistake and he give the money in advance for the appeal

José M. :

In this way he will do his best in order to win and you will be sure he will do without giving more money in advance

José M. :

In my opinion thats the better way to manage your case

José M. :

If you want, tell me more about the case I I will try to think about it if I could get a better way

José M. :

Thank you for asking

Customer:

Just to clarify: you think it would be reasonable to request the lawyers to take the case against the bank for the full sum at their expense and deal with any fees when they have won?

José M. :

Yes

José M. :

That is is the way I see your case

José M. :

That is the way I will proceed if I were in your case

José M. and other Spain Law Specialists are ready to help you
Customer: replied 3 years ago.


Many thanks.

Expert:  José M. replied 3 years ago.
Thank you.

Have a good day
Customer: replied 3 years ago.


Would you be prepared to comment on the letter I propose to send to the lawyers?


 


Thanks.

Expert:  José M. replied 3 years ago.
No Sir, The site do not allow me to be contracted
I am sorry for that
Customer: replied 3 years ago.

Thank you for your response.

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