Do You Have the Correct Deeds to your Spanish Home? – Comaskey Properties

Is your Spanish Dream turning into a nightmare? Does it seem like the Spanish Solicitors/Builders/Developers/Estate Agents are all out to get you? Did you pay a deposit and stage payments and your property was never built? Do you risk losing your home in Spain as you do not have the deeds?

Maybe Spanish Solutions can help.

Comaskey have had thousands of buyers purchase property here in Spain dating way back to 2002. The “business” started long before that when Bernie and Pamela Comaskey were recommending estate agents that they trusted to their clients and friends at Paddy’s Point for absolutely zero commission as far back as 1999. The Comaskey brand grew and grew from there. Our reputation drives the business forward as it did then.

Not all buyers, especially a large number of Britons were so lucky as the ones who used Comaskey or our legal arm, Spanish Solutions, to buy property in Spain.

Below is a 100% true story – Well, as true as the law permits. We have changed the clients name, plus any details that may jeopardize their legal case- which we think they are going to win!!

Just see how things changed for Paul and Jane over the past couple of weeks.

 

Subject: RE: La Florida Property

Good morning.
I am also sad to hear your story, especially as I have heard so many similar ones.
The Class Action is suing for negligence and misrepresentation and has two petitions; if the house has not gone for the mortgage to be cleared and all costs covered. If it has, to recover the purchase price and costs.
XYZ legal brokers were “ambulance chasers” trying to make as much money out of other people´s misfortunes as they could and charging for things they were not even doing (like that Criminal action in the South of Spain which wasn’t even done in conjunction with xxx solicitors). We managed to get some money back for clients, before they stopped, and then one client took a small claims action in the Courts in the UK and was successful.
We would need to see paperwork to know if you had a case, but if you have your contracts, proof of payments, and emails and letters or evidence that XXX solicitors was acting for you before the final payment was made, then we may have a case for you (to claim for the 120,000€ plus expenses you have incurred) or against the estate agent.
So my first question is I suppose is do you please have the paperwork?
With kind regards / Saludos cordiales,
Amanda Thomas.
Spanish Solutions.
Next Email with news from a new participant, our Lawyer, who just reviewed the documents provided by Paul and Jane.

On 23 Aug 2016, at 11:09, Amanda Thomas <[email protected]> wrote:
Dear Paul,
Our solicitor returned from holiday today and this is what he has said to me:

“Hi Amanda:
I have been reviewing the documents we received in the post.
They are good. They paid XXX for completion, legal expenses, they granted POA,….the documents could be enough to start a legal action.
They said they returned the property to Banco XXX in 2013. Do you have more news on this? As we don´t have to act against the Bank the expenses will be lower.
Provision of funds required for the case against XXX:
– Barrister Fees: 6.100 euros
– Clerk of Courts Fees: 1.500 euros
Total: 7.600 euros
We need 1.200 euros now, and the rest between 2016 and 2017.”
We know you have a good case and he has provided the expenses for you to sue XXX for negligence and misrepresentation and for all monies you have lost, including costs to be returned to you.
Please have a think and let me know how you would like to proceed. The next step would be the initial payment to us and to prepare litigation power of attorney for you, which we can email to the UK, or you let us know if you would be here, in which case you should meet him.
With kind regards,
Amanda Thomas
From Paul- And an important point here was discovered.
Amanda,
Many thanks for your response. We still have the paperwork; (I think!!!). We will check and I will get back to you.
Just one thing, my fault, it was £ 120,000.00 sterling not euros, so more.

Many thanks again,
Paul

This is even bigger than we though t- Its was 120,000 GBP not Euro that Paul and Jane had lost due to negligence. The plot thickens.

Then bad news – We hit a snag.
Enviado el: 23/08/2016 12:48:07
Para: Amanda Thomas <[email protected]>
Asunto: Your case
Amanda,
Unfortunately, we do not have enough funds to proceed. Therefore, we will drop our case.
It is too expensive and we already lost 10,000 pounds with a so called legal broker in London. It’s too much money for us to lose after all that has happened to us in Spain.
Sorry, but thanks.
Paul.

Ok, we felt it was such a shame if justice could not be done, so Amanda had another go.
On 23 Aug 2016, at 11:55, Amanda Thomas <[email protected]> wrote:
Dear Paul,
We want to help you- that’s our job. We have got to find a way to fund your case.
What about paying in stages? It is such a shame, as you have a good chance of winning so much money back (we would be claiming the purchase price and costs and interest, not what it is worth now) and there is a 15-year limitation period so before long, there will be no chance of recovering all that you have lost. Also XXX solicitors have insurance, so if we win, it is not being paid by them but the insurance policy. Should we win, you will get paid.
We have done payment schedules for people of 100€ or or 200€ a month at times, so I could see what the minimum to lodge the case would be initially and monthly?

With kind regards / Saludos cordiales,
Amanda

 

Asunto: Re: Your case
Dear Amanda,
Thank you so much for this offer, you are very generous yet at the moment we must decline. We have major expenditure over the next 12 months, including for a family matter. We already paid so much money trying to win the case. If our financial circumstances change, in the next 12 months, would it be OK to contact you again?
Thanks for all your help.
Paul.
So, at this point, the story ends, and Paul loses his 120,000 GBP and the lawyers win, never having been brought to task for what they have done to these people. Wait. Not so fast… Amanda was not giving up.
Dear Paul and Jane,

I am sorry for the delay in responding but we have been considering your answer, which we totally understand and empathise with.

I have met with our solicitor and the head of our company to discuss this as I hate to think that with what appears to be a good case, you cannot try to proceed with attempting to right the wrong and get back what you lost.

We are a Spanish company that likes to try and find solutions, and something we have been discussing is the possibility of what is known as “no win no fee” .

We would like to suggest to you that if we put up the costs of 8,000€ for Court taxes, Court fees and barrister fees (although we wish these to be refunded if you won and gained a substantial sum back as well), how would you feel about proceeding if you had a chance to win back x% of the winning sum gained?

So of the 120,0000 pounds’ purchase price, you could possibly get back up to xxx plus legal interest paying nothing at all unless you win. You pay us nothing- we assume all the risk.

Obviously we need to be a team and work together on this; we cannot do it alone. You would need to perhaps provide us more documents (we do need to investigate a bit more what happened when the property went back to the bank; what you signed, if anything), discuss the story more with you, and you would need to attend Court here in Spain once in the years to come, but not much more than that.

By the way, if we lost, then we will suffer the Court expenses. But if we win, think of what you stand to recover for no outlay. And as we said this will come from their liability insurers, so it is possible that they may settle out of Court. It will take time as the Courts in Orihuela are overwhelmed and slow, but we would very much like to help you seek justice and get back what you lost. We have so many cases against XXX, and we think we have a chance to really help you and that the case may be good enough hopefully that it is worth the risk for us.

Our next step would be to prepare a contract and send it to you for you to look over. We are concerned about the limitation period and there is not the option of waiting another 12 months.

I hope you will be really pleased to get this email… It is the best solution I can think of, you pay nothing at all, with no risk of costs (I am so delighted my bosses agreed), and I really hope we can do this and work together to get you a good deal of your money back.

Have a lovely weekend. Have a think and let me know.

With kind regards / Saludos cordiales,

Amanda Thomas

And that’s where the case sits. Spanish Solutions will all going to plan, get back Paul and Jane’s money from a deal that went wrong in Spain.
Again, sorry (but you’ll understand why) we were forced to cut so many details, names of the parties involved etc. We can’t wait to win and publish the full details!
Do you know anyone like Paul and Jane who may benefit from the unbelievable safe, professional and trustworthy service of Spanish Solutions? Are you nervous of repossession when you paid the full price for your house?
Why not talk to Amanda and see if you are entitled to all or part of your house purchase price to be refunded?
Does the idea of No Win No fee, effectively no Money down to pursue a court case in Spain appeal to you?
Also, if you’d like us to keep you posted as to exactly how it works out for Paul, just let us know either here in Comaskey ([email protected]) or talk directly to Amanda. [email protected]

P.S. Like everything, there is only a limited number of cases that Spanish Solutions can handle. Please let us know if you are in that situation and we will review your file as soon as possible.
P.P.S. There are limitation periods with these cases, only a certain amount of time that can pass before you start your action. Our advice is get on it right now and put your mind at ease.




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