Huma, Banco Popular and Law 57/68. New case won

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12 Mar 2013 12:43 PM by mariadecastro Star rating in Algeciras (Cadiz). 9380 forum posts Send private message

Legal Questions? Speak to Maria Direct

Legal tip 912. NEW! Law 57/68 and Huma: New Case Won by Costaluz 
12 March 2013 @ 12:41 

 In Madrid, against Banco Popular.

Court Decission establishes that none of the following:

- Lack of mention of the word GUARANTEE in the purchase contract

- Lack of mention of special Bank account in purchase contract

- Lack of individual certificate of Bank Guarantee to the particular buyer

exempt Banco Popular ( who issued a Guarantee to Huma for off plan deposits according to Law 57/68) from refunding our client.

Court decission refers to inalienable rights of Law 57/68.

Client had to prove just payment into Bank account and existence of General Bank Guarantee by Banco Popular.

The right understansding is becoming commun. Success of Keith Rule action is spreading across the country 

 

 

 

 

 


This message was last edited by mariadecastro on 12/03/2013.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria


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12 Mar 2013 7:45 PM by annm Star rating. 44 forum posts Send private message

Well done Maria. I have every faith in you.

Ann.




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13 Mar 2013 2:38 PM by mariadecastro Star rating in Algeciras (Cadiz). 9380 forum posts Send private message

Legal Questions? Speak to Maria Direct

Thanks Ann.

You are not wrong if you trust hard and honest work. We certainly do our best constantly

Cheers!

maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria


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14 Mar 2013 12:12 PM by gazza Star rating. 74 forum posts Send private message

Hi Maria

I take it you have won a case against Huma/Banco Popular which is fantastic news.

I'm just a little confused by your message though

"Court Decission establishes that none of the following:

- Lack of mention of the word GUARANTEE in the purchase contract

- Lack of mention of special Bank account in purchase contract

- Lack of individual certificate of Bank Guarantee to the particular buyer

exempt Banco Popular ( who issued a Guarantee to Huma for off plan deposits according to Law 57/68) from refunding our client."

Does 'none of the following' mean that the 3 items were not in the contract.? My contract does state that a guarantee will be provided but it never was.

You say Banco Popular was exempt, does this mean they did everything correctly? - I used Banco Popular but didn't receive guarantee.

Was this case won in court or by an out of court settlement? How long did it take to get your client the money back?

Regards

 

Gazza




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20 Mar 2013 8:55 AM by annm Star rating. 44 forum posts Send private message

Hi Maria,  I would be interested to hear your comments in reply to the e mail Gazza sent you.

Regards. Ann

 

 

               




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20 Mar 2013 12:30 PM by jackb Star rating. 206 forum posts Send private message

nice clear answere please......




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20 Mar 2013 1:46 PM by Sparky Star rating in Somerset and Vera. 126 forum posts Send private message

Hi Maria,

I also had problems with understanding the post you so kindly made.  I'm sure there are many of us who would like to think there is some hope of recovery when we had given up hope of that ever happening.  After spending so much in legal fees and getting no where we need to be very certain that it would be worth spending even more to get our money returned to us rather than just winning yet another court case.




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25 Mar 2013 4:23 PM by jackb Star rating. 206 forum posts Send private message

NO buyer without a "bank garuantee" has EVER won the court case and recived deposit/interest/cost from Huma.....F.A.C.T.




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25 Mar 2013 4:27 PM by gazza Star rating. 74 forum posts Send private message

Hi Jackb

It looks like some have one against the banks though. I am currently looking at going with White & Baos who are offering to take on Banco Popular on a no win no fee basis.

 

 




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25 Mar 2013 5:11 PM by jackb Star rating. 206 forum posts Send private message

it will be spanish version  " no win no fee"  .......(were you do have to pay).......they are not mugs like us....




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25 Mar 2013 5:24 PM by gazza Star rating. 74 forum posts Send private message

They have asked for 75 Euros for courier costs etc and 370 Euros for the court fee. Other fees are due when you receive the money back and not just if you win the case.

This doesn't seem too excessive to me, I think it's worth pursuing as otherwise we have no chance of getting our money back




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27 Mar 2013 1:21 PM by madhouse22 Star rating. 20 forum posts Send private message

Hi Gazza,

 

We are in the same situation as you and are about to go forward with White & Baos.

If anyone knows of a reason not to, please speak now!!

 

Many Thanks




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27 Mar 2013 2:16 PM by gazza Star rating. 74 forum posts Send private message

We've just got to get Power of Atorney form signed over here and send off all the detailsto them. I'm pleased to hear someone else is about to start the process




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27 Mar 2013 5:37 PM by madhouse22 Star rating. 20 forum posts Send private message

Gazza

I have sent you a PM

Thanks




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09 Apr 2013 3:26 PM by jackb Star rating. 206 forum posts Send private message

its the same old story...you pay/you win case/ huma wont pay you........courts do nothing...you pay again !!!! new lawyer same story.




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09 Apr 2013 4:06 PM by gazza Star rating. 74 forum posts Send private message

Not quite the same old story, the case is against the bank not Huma and there are reports on the web that banks have paid out. I watched a spanish news clip interviewing a brit who won against the bank.

Don't get me wrong I'm still very sceptical but they have 71,000 Euros of mine so I think £400 is worth investing to get it back. If I do nothing I'll definately not get it back that is for sure.




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11 Apr 2013 1:00 PM by jackb Star rating. 206 forum posts Send private message

another £400.00 is nothing,  but the lawyer will get 100s of £400.00 , the bank will have better lawyers and the government behind them,  I will also pay the £400.00 and if anyone knows a Nigerian chief whitch-doctor who can put a spell on Huma, I will give him £400.00,   the end result will be the same!!!. 




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11 Apr 2013 1:16 PM by gazza Star rating. 74 forum posts Send private message

I don't care how many £400's the lawyer gets if he gets my money back. Anyway, £370 of that is to pay to the to the court, not the Lawyer




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20 Apr 2013 4:55 PM by flop Star rating. 4 forum posts Send private message

Hi started court proceedings against Huma over 5 years ago with costaluz lawyers won court case recieved nothing now costaluz want 7,260 euros to take it to supreme court , is anyone else with them?  Have you received the same email.  Am I just wasteing more money?




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21 Apr 2013 4:37 PM by Sparky Star rating in Somerset and Vera. 126 forum posts Send private message

Hi,

Does this mean to take the case against Huma to supreme court or are they suggesting a case against the bank?

Costaluz appear now to be going for the banks even without a bank guarantee.  It sadly seems most unlikely that anyone will get any money from Huma now.  It's just so difficult to know whether to spend out even more money or not.




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21 posts were found:


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