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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 242. Big claims in favour of consumers
Monday, March 15, 2010 @ 9:07 AM

On " El Economista" today: 

On the occasion of  Consumer Rights World Day tomorrow, the main associations that bring consumers  together have asked that Consumers should not be the most damaged parties of the economic crisis, and  have called for improvements in services such as finance, telephony, electricity and gas.

The president of the Consumers Union of Spain (UCE), José Angel Oliva, has complained  that the behavior of firms that raise prices or reduce the quality with the excuse of the crisis is added the behaviour of public authorities, who, with the crisis as excuse,  put the interests of economic sectors or their own budgetary interests first  to those of citizens.

"Consumers are paying the crisis: we lose our homes, our work, we do not get credits and regulations that should protect us are used against us", according to Oliver.

Yes... a crazy, upside down understanding of Law and Economy. It happens when economy is only-benefit centered as it has been the case during the last decade or decade and a half.

A person-centered use of Law and Economy is needed. Who wants to come with us?

This is what we have been observing since the financial crisis started, particularly within the Off Plan Real Estate sector in Spain, our principal area of work: those who put deposits on off plan purchases have very low protection ( according to existing Case Law on Bankruptcy Act) if the developer enters into Insolvency:

In the avobementioned sense, our proposals and efforts so far have been the next ones, specially taking into account that, in many occassions, these deposits are a life-long amount of personal and family savings:

1) Off plan buyers have a most preferential credit: against the assets of the company; preferential to the most preferential insolvency credits, according to provision 84.2.6 of the Bankruptcy Act.

2) Banks which prove to have omitted diligence care when securing on the existence of Bank Guarantees according to Law 57/68 are liable for the refund of deposit, legal interests and legal costs accorcing to Provision 1.2 of Law 57/68.

And we are keeping the battle up!

Hierbabuena beach in Barbate ( Cadiz) by Denegro at Flickr.com

 



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7 Comments


Keith said:
Monday, March 15, 2010 @ 11:26 AM

Excellent Maria

Banks who failed to act in accordance with the requirements of LEY 57/68 Article 1.2 are guilty of gross negligence and must be held accountable for their lack of care and due dilligence when accepting off-plan deposits!!

Kind regards

Keith
FINCA PARCS ACTION GROUP


Maria said:
Monday, March 15, 2010 @ 1:07 PM

Thanks Keith.
It was so good meeting you and Mr. Mathews last Friday!
Thanks for all your efforts.
Maria


Anne said:
Monday, March 15, 2010 @ 5:00 PM

Is this bank liability for refund of deposits, costs, interest, (relating to lack of diligence on their part) only applicable once all other legal avenues have been exhausted however? (and when the developer goes into administration)?
Can the banks be made liable for refund from the outset if for instance an illegal bank guarantee was provided?


Maria said:
Tuesday, March 16, 2010 @ 10:10 AM

It is my understanding that you can use this avenue if you were given an illegal Bank Guarantee.

Best regards,

Maria


Kerena said:
Tuesday, March 16, 2010 @ 10:35 PM

Hi Maria
In this crazy world of property in Spain, we seem to have been taken in by a developer and have lost our deposit monies. We were contacted by a law firm called Company Law Direct, who claimed that they would be able to get our money back with a case. Have you ever heard of this firm as we are doubting their intentions. Many thanks, Kerena


Maria said:
Wednesday, March 17, 2010 @ 9:24 AM

I have not heard of them. I am sorry.
Best regards,
Maria


como tu qieres said:
Friday, March 19, 2010 @ 11:24 PM

I have heard of them, they are based in Los Alcazeres in Murcia Region and used to be an Advise Centre + obtain NIE and Residencia etc.for ex-pats at a hefty charge and uses some solicitors' services. My advise is do not waste your time or money with them.






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