New ruling from a Magistrates Court sentencing banks to refund deposits under the provisions of a generic guarantee

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06 Dec 2011 00:00 by Guadalupe. Lawyer Star rating. 261 forum posts Send private message

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 Hi everybody,


over the last few months a did not have time to post here, but today is bank holiday so I would like to inform those purchasers who have already joined actions against banks (or are considering to do it) to claim for the refund of their deposits that the Magistrates' Court from Burgos has sentenced again a Spanish Bank to refund the deposit to a purchaser under the provisions of a generic guarantee and the 57/68 Act. The Court understands that the lack of delivery of an individual guarantee to the purchasers, the lack of payment of the deposit into an special account, or the "supposed" lack of knowledge of the purchase contract by the Bank, are not enforceable against the buyer, because those are developer's duties, whose breach can't affect the purchaser, as long as he/she fulfilled his/her contractual obligations.

Copy of the aforementioned sentence was posted on my blog a few months ago:

Best Regards,

Guadalupe Sánchez

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08 Dec 2011 17:58 by Keith110 Star rating in the UK and I am lead.... 685 forum posts Send private message

Hi Guadalupe

You are doing fantastic work in the Bank Guarantees fight against the Banks.

I am pleased to see that there are more and more Lawyers now taking action against the Banks according to LEY 57/68.

On 14 November I posted links to many of your blog posts on the Bank Guarantees Facebook Page.  I will also link to any of your future blog posts relevant to the Bank Guarantee issues.

And I have also linked (liked) to your Facebook page.

Keep up the great work!!

Kind regards



LEY 57/1968


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