Legal tip 277. Low cost action against Banks. Manifesto by Costaluzlawyers

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03 Jun 2010 12:00 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 forum posts Send private message

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 Because we see this is what is needed in the most of the cases were people bought off plan and did not receive a Bank Guarantee,

 

Because claimers are frustrated and tired of waiting for years for actually receiving the refund of their money after a Court Decission being won in Courts, due to poor financial status of developers now,

 

Because it is a great tool to try to put some correction to the financial system in off plan purchases for the protection of buyers so we can be sure these current problems will not happen again in our country,

 

Because we need to show to foreigners that Spain has a strong and coherent legal system,

 

Because we can offer low cost action to groups of people under the rules of our professional ethical code,

 

Because Banks lack of control of Guatantees on deposits by individual people of off-plan purchases have been the necessary element without which the current off-plan disaster in Spain would have never happened,

 

Because Law 57/68 makes them clearly liable for the lack of Bank Guarantees,

 

Because we have been studying this action for months with the help of a first class Law Professor who is available to answer questions in Court regarding the report he produced for us,

 

Because it is necessary, mainly because you need it

 

We are offering to all the EOS members the possibility of joining existing actions against Banks under provision 1.2 of Law 57/68 at a much reduced cost.

Main ground of Law 57/68 is the protection of money advanced by individuals before construction work begins or during it, in many cases the savings of a lifetime. 

The actual preamble or “exposición de motivos” of the said Law establishes that all the "abuses in this type of businesses have made as necessary the establishment of general preventive rules which will guarantee both the real and effective application of money advanced by purchasers and prospective customers to the building of the house and to the refund in the event that the building does not take effect". 

The most preventive, general, inalienable obligation that this Law established was for banks or savings banks, where money was paid to by buyers, to secure the establishment of Bank Guarantees or insurances policies, UNDER THEIR LIABILITY. Banks were therefore here established as guardians of Law 57/68 with express obligations of:

1)    Place those deposits in special accounts
2)    Control the destination of funds to building works
3)    Verify on the existence of the Guarantees required by Law 57/68

Please contact us here: 
web@costaluzlawyers.es if you want further information about this.

 

Have a great week,



Maria L. de Castro

"The port of Tarifa (Cadiz)", by Luis Lopez-Cortijo



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria


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08 Jun 2010 12:28 PM by roywatson1950 Star rating. 14 forum posts Send private message

My wife and I are considering joining the Low cost action against Banks proposal with Costaluzlawyers, but before we do I would be interested in knowing how many of you have signed up already who want their money back???

Regards

Roy & June

Gloucestershire




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08 Jun 2010 1:41 PM by hew1 Star rating. 63 forum posts Send private message

Hi Roy

 

We are thinking about it just waiting to see what our current solicitor has to say. Do you have any further information other than what is posted on the forum?

 

 




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08 Jun 2010 2:21 PM by roywatson1950 Star rating. 14 forum posts Send private message

Hi Hew

We have no further information other than what has been posted on the forum from Costaluzlawyers, that's why we are interested in finding out who else maybe thinking of signing up with them or has already done so.

Roy & June

Gloucestershire

 




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08 Jun 2010 3:42 PM by Laird Dave of Lochaber Star rating in San Miguel De Salina.... 180 forum posts Send private message

Hi Roy and Hew

Can vouch for the advice and effectiveness of Maria and Costaluzlawyers. She helped us with some sound advice when we were trying to execute our out of date bank guarantee. So much so that we were able to force our solicitors to take SGR to court for the return of our deposit. Didn't need to go that far as SGR paid out in April before a court date was set when they realised we knew what we were talking about thanks to Maria.

Hope this helps.

Cheers

Dave

 




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08 Jun 2010 3:55 PM by roywatson1950 Star rating. 14 forum posts Send private message

Hi Dave

Thanks for the info.... we will certainly look into what our spanish lawyer has to say about taking the bank to court.

Regards

Roy & June

Gloucestershire

 




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08 Jun 2010 7:56 PM by jillyg Star rating in Deepcut, Surrey. 57 forum posts Send private message

Hello all

we asked our lawyer if we could use this against the banks, his answer was that we did not come into this area of law

but after reading more from maria we are now going to use her skills and try and get our money back!?

I think we have a better chance with her than waiting for HdT or SH to offer our money back

I'll keep you posted

 

Keith & Gill

 



_______________________
G S Gee


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08 Jun 2010 8:22 PM by Chrissie1 Star rating in UK. 384 forum posts Send private message

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Hi All

Have you read Maria's blog - Legal tip 287. I thought it might help if you have not read it

Legal tip 287. Guarantees 57/68 : revised article

Chrissie1



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Chrissie   


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08 Jun 2010 9:16 PM by hew1 Star rating. 63 forum posts Send private message

Hi Chrissie

 

Can you post marias legal tip 287 as i cant find it.

 

Thanks




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08 Jun 2010 10:38 PM by Chrissie1 Star rating in UK. 384 forum posts Send private message

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Legal tip 287. Guarantees 57/68 : revised article
04 June 2010 @ 10:41

 

Guarantees for Spanish Off Plan Developments


 


Revised version of article Published on EyeonSpain 11/15/2006 1:21:13 PM in Buying Process


 



 


 





The Aval Bancario (Bank Guarantee) or Insurance Contract were both established by a 1968 Law to protect buyers in off plan developments. The General Building Act passed in 1999, reiterated these rights, establising interests at the legal rate against the fixed 6% of Law 57/68.


Article. 1. - The developer must guarantee the return of the deposited amounts plus 6% of annual interest, through an insurance contract or by bank guarantee, in circumstances where the construction doesn’t start or doesn’t finish in the agreed time.


They also need to open a special bank account for your amounts (different from the general one of the developer) and have it expressly written in the contract.


Banks, under their liability need to verify that guarantees exist for moneys deposited in their accounts by individuals buying off-plan.  They also need to take an active role on ensuring money deposited in their accounts for off-plan purchases are used for building purposes.


Article. 2. - In those contracts where the parties agree on anticipated amounts the developer must expressly state:


a) That the developer will give back to the buyer all the advanced amounts plus the 6%, in circumstances where the construction fails to start or end within the agreed deadline, or the certificate of habitation is not granted.


b) Reference to the bank guarantee or insurance contract, this must indicate the name of the Bank or the Insurance Company.


c) Specification of the Bank or financial institution and the account number where the buyer’s money is deposited.


At the signing of the contract, the developer will give the buyer the document that contains the guarantee (the Aval or the Insurance Contract) and the document must have a reference to the amount that is anticipated.


Article 3. – If the deadlines for starting or finishing the development are not met, the buyer can choose between cancelling the contract with the return of advanced amounts plus 6% annual rate, or to concede a time extension, which will be stated in an additional clause in the contract, specifying the new deadline with the date for finishing the construction and completion.


The insurance contract or the bank guarantee together with the document that fully proves that the work has not been started or that the completion deadline has not been met nor complied with, will have executive power as it is stated in the Title XV of Book II of Civil Procedure Law, to demand from the insurance company or the bank, the amounts that the buyer is entitled to, without prejudice of any other given rights also applicable. 


If you have a Bank Guarantee/ Insurance Policy and your property has not been delivered on time you can execute your Guarantees for the refund of deposits plus legal interests, if you were not given a Bank Guarantee, you can ask the Bank for liabilities linked to this.


 


Written by: Maria de Castro



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Chrissie   


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09 Jun 2010 9:53 AM by KayT Star rating. 38 forum posts Send private message

Very interested............do we know what "low cost" means!??!

Kay




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09 Jun 2010 2:11 PM by wakemans Star rating. 56 forum posts Send private message

As I understand, there is an initial cost of 300 euro to request a refund from the bank.

If they refuse the litigation cost would be around 4000euro less the 300 already paid.

If you win the litigation these fees should be repaid as costs against the bank.

Contact maria direct on her email in the original article below & she will respond individually, she is very helpful.

Regards to All




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09 Jun 2010 3:47 PM by redman Star rating. 235 forum posts Send private message

I believe her group action is 1000 up front for the initial out of court settlement route, and another 1000 should it need to go all the way to the high court.  So much better than the 1000 plus 4000.  Also, a successful outcome would get you interest too, something you will not get elsewhere.

 

 

 




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