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

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

mariadecastro´s avatar

 

This message is brought to you by Costa Luz Lawyers in association with Eye on Spain

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 Guarantees 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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01 Oct 2010 12:39 PM by Lee-Ann Star rating. 2 forum posts Send private message

Hi there, I heard about this site through a friend and from reading some of your blogs this may be of assistance to me,  I put almost £30,000 on an off plan property in La Tercia, United Golf through MRI Properties, abouth 3 years ago and just last year I went to Murcia to see how the property was going only to find that MRI no longer exist, I made an appointment to see the solicitor Roberto Sanchez only to find that he wasn't available to speak to me but I did speak to one of the office staff who advised that I could go to United Golf to see the property.

On visiting the property I found that this was nothing like what we were advised it would be like i.e. no roof terrace, the balcony was minute and the property layout was nothing like the plan I was given,  I spoke to Nigel from United Golf and advised that this was not the property I viewed when they held there marketing campaign, he advised to speak to my solicitor, again I tried this on numerous occassions, after a few months he got back to me via e-mail with a disclosure cancelling my contract, at the bottom of this it did advise that the deposit would not be refunded, I questioned this and again he did get back to me informing that he was in discussions with United Golf...this was 12 months ago and again after numerous e-mails to Roberto Sanchez and copied to Nigel at United Golf I have still not heard anything regarding this.

I feel that my complaint had just fell on death ears and am baffled at my way forward...i any.  Would anyone know of any routes that I could take....I would be soo grateful

Thank you




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17 Jan 2012 2:25 PM by sallybooboo Star rating. 15 forum posts Send private message

 Hi Lee Ann,

 

Did you ever get anywhere??

 

thanks,

 

Sal



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At my age you've learned everything. The hard part now is remembering it!


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21 Jan 2012 9:41 PM by sandrab Star rating in Bournemouth & La Ter.... 528 forum posts Send private message

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Hello Lee Ann

 

I am an owner at UGR.

 

so, John Beirne is the only UGR representative on site.  Nigel no longer works for UGR - they have gradually decreased their presence on site. 

I would probably engage a new lawyer, and contact John Beirne, the UGR Aftersales Manager, email:  john.beirne@unitedgolfresorts.com and copy to him all of the emails you had with Nigel, copy to your new lawyer. 

Hope this helps a little.

Sandra

 



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Luxury holidays in Murcia spain at 

www.rodagolfinspain.com 

 

 



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