Key steps in making a successful legal claim

DIG out documentation, including the contract signed with the developer.

PROVIDE proof of payments into a Spanish bank account. If a payment was made via lawyers or estate agents, evidence will be required that the money was transferred to the developer. The lawyer taking on a claim may require a Power of Attorney to chase missing paperwork and to progress the case.

PRODUCE any court judgments relating to previous action so lawyers can examine earlier decisions.

SUPPLY other supporting documents for the property, such as development plans.

CONSIDER deadlines. As a general rule you have 15 years after a developer has failed to deliver the property promised to make a claim to get your deposit back. The longer you leave a claim the harder it will be to get a successful result.

FIND a reputable lawyer through recommendation or via the Association of International Property Professionals at aipp.org.uk. No-win, no-fee deals may be offered where cases seem clear cut, with a percentage of the final payout taken in lieu of a fee. An alternative is to make stage payments as a case progresses or choose a fixed-fee arrangement.

BEWARE claims chasers. There will be sharks circling for a piece of the multi-billion pounds reclaims action. Independent overseas mortgage expert Simon Conn warns: ‘This is another potential money-making scheme for unscrupulous firms. Ensure you choose an independent lawyer that is expert in the field and remember a reputable firm will not cold-call you with promises of getting your money back for an up-front fee.’