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23 Feb 2014 10:49 AM by ILostMySensaHuma Star rating. 90 forum posts Send private message

Hi

Does anyone know if the judgements from the Spanish courts are published online?  I am particularly interested in the court cases where courts have found against banks who have not provided bank guarantees.

Thanks in advance

ILostMySensaHuma




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28 Feb 2014 5:22 PM by gazza Star rating. 74 forum posts Send private message

03 Mar 2014 10:35 PM by ILostMySensaHuma Star rating. 90 forum posts Send private message

I have spent a lot of time over the weekend browsing the legal tips on Maria's blog here on the Eye on Spain website.  I have picked out the following tips which I think are very relevant to those of us caught up in the ACC fiasco especially if you are wiithout BGs and paid your deposits into Banco Popular:
 
Tip 912 - a case won against Huma and Banco Popular
Tip 829 - states that you can take action against the banks as well as be represented in the bankruptcy hearing.

Thanks also to Gazza for his PMs and  I wish him and the others with White & Baos every success next week.




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10 Mar 2014 10:05 AM by thug Star rating. 88 forum posts Send private message

Thanks Ilostmesenzahuma, perhaps Gazza can update on here if he has any success??




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25 Mar 2014 3:57 PM by jackb Star rating. 206 forum posts Send private message

hello    " had a no win no fee offer"    i pay 800e and the solicitors get 30% of my 36.000 from the bank, we had not recived our g,tees when ACC was closed down,   has any buyer recived payment (not won case) real money this way.




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25 Mar 2014 4:03 PM by gazza Star rating. 74 forum posts Send private message

Hi Jack

We had a court hearing 2 weeks ago today and are still waiting for the judge to make a decision. Ours is a no win no fee and I will update the site with the outcome as soon as we hear anything. I thought the decision would be made on the day so getting a bit impatient now

 




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26 Mar 2014 4:05 PM by jackb Star rating. 206 forum posts Send private message

hope you get a result gazza,   all the years of pain we have all been put through, just would not be allowed to happen to spainish people buying in the UK,   no wonder most of europe wants to live here.




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23 May 2014 12:52 PM by LucasAsociados Star rating in Almeria. 124 forum posts Send private message

We know the company has placed a Covenant Proposal before the Commerce Court of Murcia in the framework of the Insolvency proccess.

Still don't know the details, but we believe that, even in our most optimistic thoughts, it won't be very satisfactory.

We think the best way to recover the monies is claiming the Bank you sent the payments to because of the lack of BGs issuing.

We've obtained two favourable judgments this week in Almeria and Alicante.

 



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E. Lucas Read my blog http://www.eyeonspain.com/blogs/lucasasociados.aspx


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23 May 2014 12:53 PM by LucasAsociados Star rating in Almeria. 124 forum posts Send private message

The creditors conference is placed for 1st july 2014



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E. Lucas Read my blog http://www.eyeonspain.com/blogs/lucasasociados.aspx


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04 Jun 2014 3:25 PM by jackb Star rating. 206 forum posts Send private message

hi buyers.....any updates on getting money back,  we won case but 3 sets of solicitors cant get a cent back( cost me £££££) the liquidator will use up any remaining monies in costs, so we wont see nothing there.

we did all pay I.V.A.  (vat) on our deposits,  but recived nothing,  so spanish i.v.a. should be returned to us,  17.5% of 40.000 deposit  7.000e,  goverment did nothing to help us so why do they keep our 17.5% iva ????

if we paid vat in england and recived nothing we would get the vat back.




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05 Jun 2014 7:34 AM by gazza Star rating. 74 forum posts Send private message

We are still awaiting the outcome of our court hearing back in March. Apparently the courts are very busy and there is big backlog, I thought we would get an outcome on the date but that's not the case in Spain!




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05 Jun 2014 8:58 AM by LucasAsociados Star rating in Almeria. 124 forum posts Send private message

As the company is under an Insolvency Proccess, I see no way to get the money back from the company.

The only reliable ways now are acting against the bank that received the funds or acting against the solicitor (if you had one assisting you and he supervised the payments) for not geting BGs for the paid amounts 



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E. Lucas Read my blog http://www.eyeonspain.com/blogs/lucasasociados.aspx


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05 Jun 2014 9:56 PM by gazza Star rating. 74 forum posts Send private message

Our court case was against the bank, not the Huma




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06 Jun 2014 7:55 AM by Philmel Star rating. 221 forum posts Send private message

Does anyone know how to claim the iva back ? It's a good point, and how many 10,000's €'s has the goverment taken?




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09 Jun 2014 12:42 PM by jackb Star rating. 206 forum posts Send private message

Even when you win case against banks,  they appeal to the high court,  you dont get paid.....




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09 Jun 2014 1:07 PM by LucasAsociados Star rating in Almeria. 124 forum posts Send private message

About VAT, I'm not really sure we are on time to ask it back. In any case, for that purpose we should ask Huma and the AC (Insolvency Adminnistrators) to issue new bill correcting the previous one (a negative bill), and with that ammended bill, ask Agencia Tributaria, at the end of the quarter (this means, for now, between 1st and 20th july) through the 303.

About the actions against the bank, I wouldn't agree with jackb. If the bank appeals before the Provincial or the Supreme Court, you can ask for provisional execution of the judgment (under the condition of returning everything plus interests if the judgment is revoked).

 



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E. Lucas Read my blog http://www.eyeonspain.com/blogs/lucasasociados.aspx


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10 Jun 2014 1:20 PM by jackb Star rating. 206 forum posts Send private message

 the banks WILL appeal, you will have to pay more to lawers, it will take years, this is Spain,  it has taken us EIGHT years to get nothing..................win a case YES...get money back NO NO NO.




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10 Jun 2014 1:38 PM by nigela Star rating. 417 forum posts Send private message

Most people (including myself) took their original court orders against HUMA.  When our cases were won we expected to receive a repayment of our deposits.  As stated this never happened - but the reason this never happened was HUMA had no funds to repay us (for whatever reason).  Even in the UK if you sue someone and win you will not get your money back if they go bankrupt.  The big difference in suing the banks is that they should have sufficient funds to pay us back.  The problem of course is that it is not quite so clear cut as suing the builder and because of this the banks can quite easily appeal.  The problem from the banks point of view is that once a few cases have gone to the last appeal and they have lost there is no sense appealing against every case as this would just add extra legal costs.  In my opinion once a few cases have gone to appeal and the banks have lost (I am being positive here as of course it is possible the banks would win) then I think they will just give in and repay  money to anyone who sues them.  From what I have read the courts on the whole appear to be backing us rather than the banks position is these cases.

I am waiting for my court case (which is in November) and hopefully by then the banks will have lost enough cases and will just give in.  If not then it will just take a bit longer as I go to the appeal court.  

 




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10 Jun 2014 2:06 PM by LucasAsociados Star rating in Almeria. 124 forum posts Send private message

I absolutely agree nigella.

If a company goes into bankrupcy you won't get your money back nor in Spain, nor in UK.

So, it's absolutely reasonable that after winning the case against Huma, you can't execute. They have no funds and now, even if they had, the payments would be done according to the Spanish Insolvency Act.

Anyway, we have now the way to the banks. Many, many judgments are obblying the banks receiving the monies to reimburse them to the buyers because of a negligent behaviour for not checking if these amounts were or not guaranteed.

It's not one case. It's not one court. It's not, even, just the first Instance. The Appeal Courts of Alicante, Murcia, Leon, Burgos, etc. have made judgments confirming the obbligation of the banks.

However, once you have the first instance judgment, you can execute it. So simple. Of course, with the obbligation of paying back if the executed judgment is revoked.

Of course, Law is not Maths, and 2+2 is not always 4. But, believe me, please: the expectatives for suing the banks are very good at the moment. Many rulings against them, possibility of execution after first instance judgment, they will not go bankrupcy, etc.

We've won cases in Alicante and Almeria at the moment. And the Appeal Courts are confirming these rulings. There's place for hope.

Kind regards to all



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E. Lucas Read my blog http://www.eyeonspain.com/blogs/lucasasociados.aspx


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10 Jun 2014 6:25 PM by ILostMySensaHuma Star rating. 90 forum posts Send private message

Dear Lucas

Please can you provide the Cendoj references for the cases you have won?  I would like to review the cases.

Thanks in advance

ILMSH




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