New Case won against SGR and BBVA in Herrada del Tollo

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29 Jun 2014 9:34 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 forum posts Send private message

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Legal tip 1175. NEW! CASE WON: Orihuela Courts explains Banks Liabilities of law 57/68
28 June 2014 @ 08:30

 

Against SGR and BBVA in a Herrada del Tollo case. Dated 26th June 2014

So proud of Judges in my country who are punishing Banks for their illegal operation during the Spanish Real Estate boom.

This case, which wsa notified yesterday to our Law Firms CostaLuz & DeCastro is a master piece of comprehensive and fundamented  judicial application of Law 57/68. We are celebrating it since yesterday.

Among many important statements, the Court decission states:

- Obligation of Banks in regards to amounts deposited in their accounts is LEGAL-- so deadline to claim is 15 years

-Regardless you have or not an individual certicate, you are guaranteed if there is a guaranteeing agreement between a Bank/ Insurance Company and the developer you contracted with.

- Even if you signed the agreement in the Creditors Meeting, you can enact your rights out of Law 57/68

Congrats to client, Orihuela Courts and CostaLuz & Decastro Lawyers teams!



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria


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03 Jul 2014 7:55 AM by barry210357 Star rating in Burntwood, Staffs.. 111 forum posts Send private message

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This is fantastic news !!

It looks like all of us who are still due our deposits back, stand an extremely good chance of succeeding under these regulations.

So, I'm reading this as a massive positive in our own individual plight, and we're counting the days to our first hearing date on the 5th November 2014...... could be fireworks that night :-)

Good luck to all in the same position as us ??

Regards

Barry & Sue



_______________________
Baz & Sue R10 - 36


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03 Jul 2014 6:22 PM by redman Star rating. 235 forum posts Send private message

Thought I'd add my experience from today as I've just returned from court in Alicante.  Not a good one I have to say.

What was meant to be a simple task of answering simple questions like how many properties I purchased, it was an interigation by two banks, one credit union (insurance company) trying to dig their way out of a big hole.  The main topic was how could we prove that Ambasun paid which bank.  The fact the BBVA were on the contract didn't seem to mean anything.  They even brought in witnesses from the banks to ask them if they were aware of our payments.  Like they're going to put our name on any funds they receive in the bank.

The other theme was why did it take so long to make a claim against the bank, even though throughout this process we have had representation from 2008, resolved contract in 2010 and took this action in 2013, mainly as we weren't aware of the option prior.  I did mention the slowness of the system didn't help.

Anyhow, we await judgement, but didn't feel like a winning experience. Dreading the next few weeks.

Also, even before we entered the courts we were told that the banks will appeal regardless of anything, and assuming you win the first stage, the first appeal will take 12 months, to which they will also appeal it will then go to the Supreme court in Madrid where all these cases will be given a big 'yes' or 'no', but said it could take many years longer.

Yours 'sick of the whole thing'

Redman




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06 Jul 2014 8:02 AM by auntielinda Star rating in San Miguel de Salina.... 646 forum posts Send private message

I agree with Maria the judges should be congratulated but I have to say itis not before time that your legal system stood up and was counted it has taken most of these people 6 years to get to court no wonder people like Redman dont always remember Redman send me a pm on here or the .co,.uk forum I know where the ambasun boss is and I will tell you in case you need it in future



_______________________

Great Auntie Linda

 



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24 Jan 2015 10:20 AM by Nickvenn1 Star rating. 4 forum posts Send private message

Hi All

we are just setting out on our long road to recovery of our deposit and I extend my congratulations to those that have had successful hearings or sentences passed by the Spanish courts.

our main action will be against the bank as we were provided with no actual bank guarantee, but I am wondering if anyone has paperwork or advice on the SGR or any other Insurance that may of been provided for the HdT purchase please ? I understand this could be an individual or block guarantee and appreciate any insight into this form of contractural protection.

many thanks

 

 

 




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25 Jan 2015 10:36 AM by glendale Star rating. 74 forum posts Send private message

 

 

Dear Nick

Have you already instructed a lawyer on your behalf or are you doing this on your own, we used GM legal services Guadalope was the main contact she has posted on the community forum, we won our money back last year and have now been paid out even though the banks have appealed, so if you have not started any action yet it may be worth contacting her as i believe they are starting another group action of people who like us where never given a bank guarantee

Hope this helps

Mark




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25 Jan 2015 9:25 PM by Nickvenn1 Star rating. 4 forum posts Send private message

Hi Mark

Yes, we have instructed another Solicitor already but was after any information on guarantees issued by SGR as another string to the bow, in addition to legal action against the Bank.

Cheers

Nick




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09 Mar 2015 9:13 PM by Guadalupe. Lawyer Star rating. 261 forum posts Send private message

EOS Supporter
IMPORTANT PRECEDENT FROM HIGH COURT: DEPOSITARY BANK IS LIABLE FOR BUYERS'S DEPOSITS, ALTHOUGH ACCOUNT WASN'T CALLED SPECIAL AND INDIVIDUAL BANK GUARANTEES WEREN'T GIVEN
 
A major step has been taken towards the application of 57/68 Act: new High Court judgement states that depositary banks could face liability no matter if the account wasn't called special and no individual bank guarantees weren't given.
 
This is a major achievement that reinforce the advice about this matter that we have been given to our customers through the years, and could involve the end of the nightmare for many buyers who still are under the belief that there was no hope to recover their money.
 
So if you bought a new property, but now you don't have the house, nor your money, please do not hesitate to contact us, because we would be delighted to advise you about best way to recover it.
 
You can contact us on http://www.gmlegalexperts.com



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10 Mar 2015 2:57 PM by clara29 Star rating in South yorkshire. 29 forum posts Send private message

More good news can't wait to get my case started.

Good luck to all still going through this. 

Claire.




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Previous Threads

Taxi prices - 3 posts
Final hearing - 11 posts
Sucessful claim - 0 posts
Banks sentenced to pay 800,000 euros plus interests to several purchasers of Santa Ana del Monte who never got individual bank guarantees, as a result of a class action lawsuit - 8 posts
Almeria Court ruling: BBVA must respond for non-guaranteed buyers' deposits received by HdT through that entity - 1 posts
We have a positive judgement - 5 posts
Court Hearing Date Set - 4 posts
Final hearing - 27 posts
money back - 5 posts
Blog-pls explain - 47 posts
Any news ????? - 4 posts
VALENCIA MAGISTRATES' COURT RULES THAT THE RELEASE AND PAYMENT SCHEDULE AGREED ON CREDITORS' AGREEMENT DON'T AFFECT TO BANK GUARANTEE - 0 posts
Action against the BBVA Bank - 28 posts
thank you guadalupe - 2 posts
insolvency - 2 posts
RECOVERED DEPOSITS, INTEREST & COSTS - 2 posts
Any news! - 1 posts
Valencia Court rules that debt release agreed with Herrada del Tollo doesn't affect to bank guarantee - 7 posts
money back - 10 posts
SARC - 0 posts
PURCHASE PROPERTY THROUGH AMBASUN - 6 posts
any news on the santa anna development ? - 34 posts
action against BBVA - 2 posts
More Frustration ! - 1 posts
Bank pays on the basis of a mention to an existing BG in the report of AACC - 0 posts

9 posts were found:


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