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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 1387.LEY 57/1968 WON CASE in FIRST INSTANCE COURT AGAINST SGR & BBVA FOR HERRADA DEL TOLLO S.L. BUYERS AT ‘RESIDENCIAL SANTA ANA DEL MONTE’
08 May 2016 @ 20:02

LEY 57/1968 WON CASE in FIRST INSTANCE COURT AGAINST SGR & BBVA FOR HERRADA DEL TOLLO S.L. BUYERS AT ‘RESIDENCIAL SANTA ANA DEL MONTE’

We were pleased to inform our clients today that we had won their case against SGR & BBVA in the First Instance Court.  The clients did not receive individual Guarantees from the developer, Herrada del Tollo S.L. or from the Bank to which their off-plan deposit was paid, BBVA or from the General Guarantor of the development, SGR.

Re: YOUR CASE AGAINST SOCIEDAD DE GARANTÍA RECÍPROCA DE LA COMUNIDAD VALENCIANA (SGR) & BANCO BILBAO VIZCAYA ARGENTARIA S.A. (BBVA)
PO XXX/2013

Please find attached the Sentence from the First Instance Court No.5 in Orihuela.

Your case against SOCIEDAD DE GARANTÍA RECÍPROCA DE LA COMUNIDAD VALENCIANA & BANCO BILBAO VIZCAYA ARGENTARIA S.A. has been won.

The final paragraphs of the First Instance Sentence delivered on 27 April 2016 and notified on 2 May 2016 state:



“Fully upholding the Lawsuit filed on behalf of XXXXX, XXXXX, XXXXX, XXXXX against SOCIEDAD DE GARANTÍA RECÍPROCA DE LA COMUNIDAD VALENCIANA & BANCO BILBAO VIZCAYA ARGENTARIA S.A. I condemn the defendants jointly & severally to pay the plaintiffs the amount of XXX,XXX Euro plus legal interest from the date of delivery or deposits in the current accounts of BBVA until the full repayment.

Costs are imposed on SGCV & BBVA S.A.”


So SOCIEDAD DE GARANTÍA RECÍPROCA DE LA COMUNIDAD VALENCIANA & BANCO BILBAO VIZCAYA ARGENTARIA S.A. are jointly & severally liable to refund the total amount claimed which is XXX,XXX€ plus legal interest from the date each amount was paid to the developer’s bank account.

Legal costs of the First Instance procedure are imposed on SGR & BBVA.

SOCIEDAD DE GARANTÍA RECÍPROCA DE LA COMUNIDAD VALENCIANA & BANCO BILBAO VIZCAYA ARGENTARIA S.A. have 20 working days from the date of notification of the Sentence, which was 2 May 2016, to comply with the Sentence or to file an Appeal to the Provincial Appeal Court of Alicante.

If an Appeal is filed by SOCIEDAD DE GARANTÍA RECÍPROCA DE LA COMUNIDAD VALENCIANA or BANCO BILBAO VIZCAYA ARGENTARIA S.A. it will be necessary for us to file an Opposition to the Appeal on your behalf.

Guadalest, near Alicante, Valencia, eastern Spain



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1 Comments


briando55 said:
09 May 2016 @ 10:49

Thats excellent news and the timing is good before our first instance preliminary in early June.

Please try to keep us up to date on the dates and timings between the preliminary, trial and sentence.

And it would be good to know if BBVA are still appealing these cases now please Maria.

Well done, thanks Maria and of course Keith Rule.

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