Banks involved so far...

This is a short list I have gathered of Banks involved in accepting deposits so far....

Bancaja

Banco Pastor

BBVA

Any advance on these???

Hi redman , I really think this is the way to go for those without a BG .I am getting somewhere with this . It has been expensive but not as expensive as losing everything or (getting a pittance back over 5 years or more )

I am sorry that malc's little vendetta against me is ruining this thread and stopping me and others from posting .I will not be posting anymore until EOS treat everyone the same and expose malc for who he really is and ban him for his insulting and thread wrecking behaviour  .Many have been banned for much less   

.PS  it has been expensive for me to pursue this angle alone, it would be much better as a joint action splitting into groups depending on which bank received your deposits . I will keep you posted as to how I get on as I  started this course of action almost 1 1/2 years ago . Chin up and don't let the BS get you down . MM

I think this route is beginning to gather momentum, and can tell by the private mail that comes through that this is beginning to get support.  I wanted to gauge where our efforts should be targeted, and I won't mind paying a couple of hundred (not thousands) each in a group action to take this on to the next stage. 

Though I do feel there needs to be a case of presedence to set the ball rolling.  Perhaps yours will be that case.  Fingers crossed.

I do get the feeling though, that most current legal reps most people have are a bit nervous about this path as it means they may have to work for their money.  Perhaps Maria could start a fresh action with this and leave the other legal bods to dither with the creditor issues.

Anything that ruffles some feathers in the right places, then I'm all for it.

Hi all,

Been following the latest threads and we would be interested in sharing the costs of a Lawyer. Does anybody know any good Lawyers?

Kind regards

Gill & Keith

Dear redman,

What is exactly your proposal?

Banks involved in accepting deposits so far?

Regards

Now I understand. Thanks to a pm!

My worry about this course of action is the risk involved: If the bank is sued and the Court does not agree about extending the responsibility from the developer to the bank for receiving these funds, then one would have to assume not only loosing the case, but also paying costs and fees to the bank as compensation.

I am not saying this will not work, I am just sharing my thoughts and all inputs will be welcome.

Regards to all.

in my opinion the banks are at fault , if you have paid a deposit to the san jose group or herrada del tollo s.l for your property most people like me would of paid by bank transfer from england so surely the banks that have received that money should know that it is a deposit for a property and should put it into the deposit account not to be touched until building starts on your property i understand this is the law  this must protect the clients from developers laundering the deposits on other things apart from what that deposit is for and that is to build individuals properties and when that money that should of been put into the supposdly safe deposit account guarantee should of been produced by tha bank to assure clients that their money is safe, the ground works buying the land etc should be paid by the developers own money the banks have a responsibilty to protect each and eveyone who has parted with there hard earned cash, deposits should be put into a safe account this is the spanish law this is why i think the spanish banks are very much responsible and should make amends

Martin is it possible to define the law regarding the customer/consumer, and the banks responsibilty both EU and Spanish in this regard.  Who is responsible, as far as the law is concerned, for making sure this Deposit account is opened and that it stays in tact (Assuming that the law says it should stay in tact or does it).  Assuming then that it is opened, whos's account is it actually.

Martin,

Thanks for your input and welcome back to the forum, it's nice to know you've stuck with us.  I understand exactly what you say about the risks and am not about to put what I have left in jeopardy but am prepared to investigate this route as far as I can, even if it means paying a little to find out more.

However, the bigger question is, why have the laws in the first place if there's no mechanism or body to uphold them.   Law 57/68 1.2 suggests that the bank have a responsibility not only to recognise monies paid is for a property but to secure it in an account.  This money should have been ring fenced once they knew they would not be issuing BGs.   Why did the banks continued to accept deposits knowing they were not issuing bank guarantees??

If this is the law, is there a part that the police should be playing in this?? i.e. fraud, theft etc.   Is it a criminal law or simply recommendations??  It shouldn't be up to the victims to take all the risk.

And we haven't even started on our legal advisors who lead us on this merry dance.....

Martin

Thank you for joining in on this forum.  If our deposits are not protected by Law 57/68 then what protection have we got ? Does this also mean that the bank is also above the law just like everybody else who is involved with SL/HdT.

Thanks Chrissie1

Hi to all,

Law 57/1968 stipulates the responsibility of the Banks for checking the existance of the BGs when setting up accounts were to pay the deposits (Article 1, second paragraph).

At the moment I am working on Case Law to confirm the Court application of the above, but it is important to keep in mind the risks involved.

I will come back with results.

Regards

Thanks for the input Martin it is very much appreciated .I understand what you are saying about the risk and people have to consider it ,especially if the potential loss of their deposit has already  put them in financial difficulty .

However on a matter of principle and justice some may be prepared to pursue this action . Even if it is only to make a point .Some may feel it is worthwhile .

It is only right however that you make people aware of the risks involved as we all know there is no such thing as a sure bet in any legal procedure . 

I don't care about the risk as at the end of the day I must feel satisfied that I tried everything I could  before giving up  . Cost and risk  are secondary to me in comparison to justice and accountability . To achieve what is right ,fair and just is way more important  as this alone  will lead to the downfall of corruption.  The corrupt rely on things being so difficult for their victims that they are forced to walk away   . If every one stands  up to and exposes  corruption  it can not flourish .MM

Hi, can I ask has or is anybody taking legal action against their lawyer for negligence and loss of their deposit?

If they had done their job properly in the first place the deposits would have been put into an client bonded account which meant the funds would have belonged to both the client and the developer until such time as the bank guarentee was issued?

Please send a PM if you wish.