Details of an excellent Sentence won against 3 banks and just notified to a client who had reserved off-plan from Peninsula Project Management SL at Residencial Granada Green.
Re: YOUR CASE AGAINST CAJAS RURALES REUNIDAS SOCIEDAD COOPERATIVA DE CREDITO (CAJAMAR), BANCO POPULAR ESPAÑOL S.A. & BANCO DE SABADELL S.A.
Please find attached Sentence number XX/2015 from the First Instance Court No.4 in Granada.
Your case against CAJAS RURALES REUNIDAS SOCIEDAD COOPERATIVA DE CREDITO (CAJAMAR), BANCO POPULAR ESPAÑOL S.A. & BANCO DE SABADELL S.A. has been won.
The final paragraph of the First Instance Sentence delivered on 23 March 2015 and notified on 27 March 2015 states:
“Estimating the Lawsuit filed on behalf of MR XXXXXX XXXXXXX and condemn:
CAJAS RURALES REUNIDAS SOCIEDAD COOPERATIVA DE CREDITO (CAJAMAR) to pay to the plaintiff XX,XXX0€ plus legal interest according to Article 3 of LEY 57/1968 from the date of filing of the Lawsuit.
and condemn:
BANCO DE SABADELL S.A. to pay to the plaintiff X,XXX€ plus legal interest according to Article 3 of LEY 57/1968 from the date of filing of the Lawsuit.
and condemn:
BANCO POPULAR S.A. to pay to the plaintiff X,XXX€ plus legal interest according to Article 3 of LEY 57/1968 from the date of filing of the Lawsuit.
With costs imposed on the defendants”
So CAJAS RURALES REUNIDAS SOCIEDAD COOPERATIVA DE CREDITO (CAJAMAR) is liable to refund the amount of XX,XXX€ plus legal interest from the date of filing the Lawsuit, BANCO DE SABADELL S.A. the amount of X,XXX€ plus legal interest from the date of filing the Lawsuit and BANCO POPULAR S.A. the amount of X,XXX€ plus legal interest from the date of filing of the Lawsuit until full payment to the Court. Legal costs are imposed on the defendant Banks.
In the Sentence the Judge explains:
“In this case, in the ordinary procedure it is recognised that the amounts referred to in our procedure and also by the Insolvency Procedure of the Promotor are the same. The plaintiff has presented sufficient documentation regarding the cheques deposited, the transfers and even letters communicating to which accounts the funds were paid. In extracts of the accounts in front of this Court regarding the amounts claimed, there is sufficient data for the banks to conclude that the payments were from foreign persons or entities and for the purpose of housing purchases, so this data together with the nature of the business of the promotor that opened the accounts, means that extreme zeal should have been exercised by the defendant banks to require the line of guarantees or the existence of the guarantees, which negligently they did not do.
The breach of contract by the developer and non-recovery of amounts paid makes the banks responsible for the absence, and failure to demand, the guarantees that are the rights of the purchaser”
Villaluenga del Rosario, Cádiz, South of Spain, at facebook.com