3 Banks who signed generic bank guarantees with Herrada del Tollo, jointly sentenced to refund deposits to several Santa Ana del Monte's purchasers

 THE THREE BANKS WHO SIGNED A GENERIC BANK GUARANTEE WITH HERRADA DEL TOLLO, JOINTLY SENTENCED TO REFUND DEPOSITS TO SEVERAL SANTA ANA DEL MONTE'S PURCHASERS

 

Excellent news,

I guess you now have to wait to see if the banks appeal against the judgement.

We have already won our case against the banks and been refunded now it looks likely that we will have some company, long may it continue.

Anyone with a cancelled contract should be starting actions against the banks.

Those that still want their house we wish you good luck.

Chris & Julie 

Great news, albeit the devil will be contained in the detail it appears this action is gathering momentum  and the courts have listened to sensible legal argument. Well done Guadalupe !

Regards

Broph

 

This message was last edited by broph on 28/08/2012.

Hi, good news

I noted your comment and vote against the Creditor's Agreement.  Is this comment significant at all?. 

Some people perhaps voted with the creditors agreement through fear or through poor advice

Hi All,

 

How is everyone getting on with taking action against the banks? Is anybody using Costaluz Lawyers?

 

Hi

I was a purchaser on sadam (whas is it 5 -6-7 years ago?) and was looking forward to my Malva in 18 months time.

Like others I have no interest for the past few years, and voted no to their continuation as once all the funds had gone we would not get back the 60% as promised.

You can buy my house for £300k now,  put down £100k deposit and if I don't give it to you in 6-10 years I may refund you £60k if i am still in business.  Not for me, but that is our offer.  Some T wat of a  judge must have thought that was ok,  he probably was not a buyer!

Transfer the deposit to another site after all that time and i will sell you a house worth 30-40% less now but still at the high of 2005 price What an offer.  My 200k Malva could now be picked up for 120-130k.

For the last 2 years or more I have been reading on this site that people have got a refund (I am happy for you, the nightmare is over).  If one person can have a ruling that the bank, the builder, insurance co is responcible, why are not everyone getting their money back.   5-6 years ago i signed a contract for a property to be built in 18 months.  If I could not pay for the house i would loose my deposit, but years later without a hole in the ground they still have my money, and the LEGAL system don't think the builder, Bank etc is in Breach of contract.

I am by no means a MENSA bod but they owe us our money back.  The COURTS in Spain don't seem to understand this, but we can all pay another grand to regester our rights for a company going into liquidatio, in case we lose our rights to our deposit .  We can also pay lawyers more money to chase our deposit that may not be refunded.

Most of the world seems to be in a recesion, with Spain now going the way or Greece.  If Spain was creditable, a ruling was pased by the Courts and refunds should be automatic to all depositors.  I don't thing we will see our 60% (although voting NO should mean 100%) and i can't (like many others) start paying for legal fees that may come to nothing.

Dear Recardo,

My heart goes out to all who have been dragged into this Fiasco. I thought I and my wife had lost everytthing. But we only parted with 52,000EURO.

I have had a petition bought before the Europrean Parliament, only to be told they cannot meddle in the internal Spanish Legal System.

I have written yet again to my MP in the hope that now he is a Cabinet Minister someone above mayy listen and act.

Regards

Hi Hew

We have just sent off our fees to with Costaluz lawyers.

We have some expectations they will be able to take this problem to a conclusion for us.  I will letypu know how we get on as things develop.

Regards   Brian

Its been nearly 2 months since the original posting of this thread about the banks being sentenced to refund deposits.

Have the banks paid out or have they appealed, does anyone know ?

We are really hoping some more of you have joined us in getting a full refund.

Regards

Chris & Julie

Hi

 

Just going through the preliminaries of power of attorney now.

Hi All

The court case was on 25th Sept and the Judge decided that he didn't have enough info and it was clear the banks are appealing. next court case is march 2013. not great news, but we know whats going on.

cheers

 

Hi I'm surprised the judge was able to say he/she didnt have enough information, surely the lawyer knew what was required prior to going into court with your representation. At least if you know what information is missing, you can help the ones following on, to avoid it happening again, who's your lawyer? What basis did you have for saying the banks are appealing please? I wonder what grounds they are appealing on, it's a good sign if they are considering appealing. it means they expect a negative result doesn't it? Let us know a bit more detail if you can, much obliged.....Brian

Hi Brian

I/we have Guadalupe looking after our case, this is a setback but she still thinks we still have a good case and a great chance of winning. The important aspect is that no extra cash has been asked for since our initial deposit to her company (GM LEGAL).

I have been to Spain to see Guadalupe in person and feel very good about it all.

I feel that this is just the way Spain is (shocker) and we have to get on with it.

Gutted as I have seen a property I like and has just been reduced to fit within my budget

regards

Hi Trowell and Hi Brian

Thanks for the update.  I believe and hope that at the beginning of next year we should all have a positive outcome.  The only way to deal with this situation is to stay as positive as you can.  At least Guadalupe is keeping you up to date.

Hang in there

Regards Chrissie1

There seems to be confusion on this thread. The first post concerns a case in court number 1.

Guadalupe's case, in court number 3, has only had a pre court hearing.

Hi all.

With all the talk of deposit refunds over the last couple of years,  why has the floodgates not opened.  Has more than 2 people got a refund.

What does it take 6,8,10 cases where the court decides the developer or the banks are liable to refund the deposit taken 4-5-6 =7 years ago are in breach of contract.  They did not give the property over so have a refund, whats so hard to understand?  How many cases have resulted in a refund?

I paid abiur 70,000 Euros deposit (5-6 years ago?) and like a lot of other don't own a plot of land or a hole in the ground.  Do the judges have IQ's.  The contracts signed was for a property in 18 months,  no property refund the money!  easy.

If the property was built in 18 months and i could not pay the ballance would that same judge give me 7-10 years to pay for it., or would the developer sell it on and keep my deposit because I breached the contract.

Hi Recardo That is exactly the common sense approach we expect the law, lawyers and judges to take. The bank guarantee issue, and honouring of it, is exactly the kind of service we expect as well. The respect through honourable business by the builders involved is also what we expect. I can not for the life of me understand how the law prevents a builder from administration and their assets seized, and therefore bank guarantees be questioned and enforced, for the protection of individuals and consumers. I am fearful that the system in Spain may allow people to be completely stuffed and milked of their last drop of money by builders, courts and lawyers though. In the long run it will be hard to see how the property market in Spain will be trusted, in the short term I want to be in a position I was in before the builder failed to deliver their contractual obligations to me. That is usually what common law says I should be entitled to, I don't understand what the judges find so difficult about that.

 Well said Recardo - couldn't have put it better myself.

Hi all,
As I see that many of you had problems with the deposits you gave to Herrada-San Jose, I must say that my lawyer in Spain won my case regarding the guarantees. As most of you, we didn't have any individual guarantees to our name, they were just general guarantees.
I know that every client has the same right as me so I asumme that you can recover this back too.
We won against the banks Banco Pastor, BBVA and SGR and they already paid our guarantees back.
I am really happy with the work done so if any of you looks for any legal assistance I can give you my lawyers email address or if you have questions you can write to me
caroline.mills36@yahoo.com

I hope that everyone can be as lucky as me
Caroline