Refund of deposit without a bank guarantee using Costaluz.


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31 January 2012 by wakemans Star rating. 43 forum posts Send private message

 

Firstly A GREAT BIG, thank you, to Costaluz Lawyers, Maria & all her team.
They have won our case against BBVA who we paid our deposit to for our home on Santa Ana, Jumilla back in September 2006.
We had not been issued with a bank guarantee although it was promised to us on many occasions by San Jose, until they went into administration.
Our original lawyer tried to get us preferential creditor status but this was refused by the judge, however they did manage to get our contract cancelled which we believe has helped our cause, so a big thank you to them as well.
Like you all, we had to go through the administration stage of the company, Herrada del Tollo, not knowing if they would be liquidated or not, we actually voted for them to be liquidated rather than be strung along for the next 5 years but as we all know there were enough votes to enable them to survive & offer us 65% of our money back in 5 years time.
We decided this was not for us, our original lawyers were not convinced of the action against the banks so we asked Maria at Costaluz Lawyers to start an action against the bank for us, under provision 1 segundo of Law 57/68, this action started in November 2010, so in approx 1 year we had a court decision to award us our original deposit money back plus legal interest & costs.
The original deposit has been refunded already by BBVA with the costs to be worked out and paid later.
Finally we are free of San Jose and can move on with our lives.
Good luck to everyone who are also following this route, hopefully our success will keep your spirits up.
If anyone wants any more information you just have to ask.
We are Maria`s first clients to win using this action but we are sure we will not be the last and some more of you can also have a successful outcome.
Good luck to you all.
Of course, if you still want your house we hope you get the outcome that you want as well.
 
Kind Regards
 
Chris & Julie
 



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31 Jan 2012 16:27 by jaqib Star rating. 84 forum posts Send private message

Bloody brilliant!!!!!! Many congrats!!

Maybe now some of the poor people who followed poor advice given on this site will see a bit of light at the end of the tunnel, and maybe now will follow this route to the only successful outcome that will ever come out of this mess???

As they say in Scotland,

U wee dancer!!!!

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stu and jaq R4 428 I DON'T THINK SO!!!!


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31 Jan 2012 18:03 by joanniemac Star rating. 217 forum posts Send private message

Fantastic news!!!! Gives us all hope.

Cheers Joanniemac




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31 Jan 2012 19:45 by Margaret and Charlie Star rating in Scotland. 13 forum posts Send private message

Hi Chris & Julie

Well done also congratulations to Costaluz

 


 



This message was last edited by Margaret and Charlie on 31/01/2012.


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07 Feb 2012 11:46 by Keith110 Star rating in the UK and I am lead.... 468 forum posts Send private message

Fantastic result.

A great judgement and good understanding of LEY 57/1968 by the Judge.

Excellent to see BBVA being made responsible for the off-plan deposit even though no Bank Guarantee was issued.

Banks being made to accept their obligations under LEY 57/1968 Article 1.2 - BRILLIANT!!

Kind regards

Keith



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BANK GUARANTEE PROBLEM?
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09 Feb 2012 14:22 by wakemans Star rating. 43 forum posts Send private message

Thank you everyone for your kind words.

We really hope many more of you will have the same success in the near future.

Keep fighting for your money, everyone should get refunded, do not let the banks get away with keeping your money.

Chris & Julie




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09 Feb 2012 14:30 by Keith110 Star rating in the UK and I am lead.... 468 forum posts Send private message

We will keep fighting!!

Kind regards

Keith



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BANK GUARANTEE PROBLEM?
CLICK HERE TO JOIN THE PETITION

       
      

fpag@btinternet.com



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09 Feb 2012 14:34 by Chrissie1 Star rating in UK. 327 forum posts Send private message

Chrissie1´s avatar

Too right we will.

Well done.

Chrissie1


 



This message was last edited by Chrissie1 on 09/02/2012.

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Chrissie   


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14 Feb 2012 21:16 by roy82 Star rating in R17 No 20. 58 forum posts Send private message

Well done.

We are delighted for you.




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22 Feb 2012 09:39 by cargic Star rating in Horsham Sussex, Buen.... 23 forum posts Send private message

cargic´s avatar

 HI All

I have been involved in this mess since September 2004 and despite a court in Alicante ruling that Herrada dell Tollo should pay back my monies i have recieved nothing. However i thought you all may like to check the two links below concening Herrada dell Tollo and San Jose:-

http://www.lawbird.com/wordpress/tag/herrada-del-tollo-s-l/

http://www.lawbird.com/wordpress/el-pinet-legal-opinion/

Hope this is of help

cargic

 

 



This message was last edited by cargic on 22/02/2012.

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