Clients affected at the Almanzora Country Club Development (Huma Mediterraneo), get the money paid back from Banco Popular ( No bank guarantees).

A while ago, White Baos lawyers started a joint action on behalf of clients that had bought in Almanzora Country Club development, from Huma Mediterraneo SL, against Banco Popular. Our customers had paid their deposits to the account that this developer had at Banco Popular. Despite having promised to hand over individual guarantees covering the money paid in the purchase of these properties off plan, as required by Law 57/68, neither the developer nor the bank did so.

As we reported at the time, White Baos Lawyers claimed the refund of money paid against Popular bank, as they issued the general bank guarantee line for the urbanization and it was also the entity that had opened the special account where buyers (consumers) paid the deposits as per the purchase contracts signed.

We won the first instance judgment, and we are now awaiting the decision of the Provincial Court of Murcia, as the Bank has appealed the judgement.

However, provisional execution of the judgment was requested by some customers, and the good news is these customers have already received back the principal paid to the bank, pending the final judgment of the Court Provincial de Murcia, whom we trust will ratify the judgment of the courts of Totana.

So, congratulations to all our customers who have already received back a large part of the money paid. If the Audiencia court confirms the previous court order, they will also receive interests, expenses and court costs, etc.  We encourage all persons who may be in a similar situation, to send us information about their case,  so we can study it on their behalf.

Could you please identify on what grounds the bank have appealed ? Everyone keeps hearing about bank appeals but we rarely hear about the details on which they make their appeals.

Many thanks in anticipation.

My understanding is , and I stand to be correctly informed, 

If the banks want to appeal, they just lodge an appeal without specifying the points they wish to appeal. They (the banks) simply hope that a second hearing will allow a sympathetic judge to let them away with it.

It's like the banks legal team will say to the first judge " oh your honour we believe the sky outside is green " The judge looks out the window and sees the sky is in fact blue. The judge declares the sky is blue but the banks legal team lodge an appeal. It's crazy .

This has to be good news............haw long does the appeal take to be heard.

What happens if the appeal is lost do they have to return the money.

Reading on here the money is never paid if there is an appeal. How come this Judge made the banks pay any on 

what grounds do they sometimes allow this.

Hi,

A couple of questions for White Baos Lawyers if at all possible???

Were any of these properties ever built where people had put deposits down at Almanzora???

If they were built, were they granted FOL's??? and if built and FOL's granted when were the purchase contracts cancelled and is this just a straight claim against the Bank for failing to give individual bank guarantees???

I can confirm that we have our received out intitial deposit, less all legal costs, into our bank account. The appeal by the bank is not to be heard at court until next February so it would be wise for us not to touch the money until the hearing has passed in case we have to pay the money back. If the bank lose their appeal then we will receive all the legal fees and interest.

Our property was not built Josey96

We have been very impressed with White-Baos and would recommend that anyone without a bank guarantee should contact them and start proceedings against the bank.

Any new updates from anyone? It seems to have gone very quiet on here!!!!

Probably no more updates from me until next year as the bank appeal is in February.

Hi can anyone advise we put a deposit down on a property in 2005 how would we go about getting this back after 10 years we have heard nothing, thanks

There are many in a similar position and it is not too late to take legal action. If you read the posts on EOS you will see that the Spanish Courts are continualy finding in  favour of the buyers and forcing the banks to repay the deposit and interest. If you have a bank guarantee then it is relatively easy to recover your money but if not then you will have to take legal action

You need to have all the records of your contract and payment to the bank and ACC

Alex has acted for me on a number of issues, knows his law and talks straight with very good English- I think he already has legal actions against ACC

As a conventional lawyer he has to be paid and like English lawyers will need costs paid as they arise in accordance with normal practice in Spain and importantly tells you upfront all the pros and cons of your case

Francisco Javier Alex Guzmán

LEX  CONSULTING CB 

Calle Mojigato s/n esquina Calle Mayor

CP 04620 VERA - ALMERIA 

Telf: 950390995

www.lexconsulting.es

Hi, Doodle,

Actually, the best way to get your money refunded is placing a lawsuit against the bank in which you did the advanced payments to the Developers (Huma).

There are lots of judgments stating that banks receiving deposits should have checked wether the refund of the money received, plus its interests, was guaranteed through a Bank Guarantee or Insurance Policy. Should the refund not be guaranteed, the bank should have guaranteed it.

And, the Courts say, if they failed in these tasks, they must respond and pay for the money receied plus interests.

The latest Supreme Court rulings are supporting this consumers-defending focus.

So, should you have paid deposits for ACC, you should prepare your paperwork and hore the services of a solicitor to sue the bank you paid your deposits into.

If you wish, we can comment your case by PM. 

have other buyers at acc, been contacted this week by law firms offering to sue banks for not issueing bank gaurantees,

i have had 3 companies tele and email me, they will handle the case on a no win no fee and want 20% of any money refunded, only cost is 500e ( must be paid under spanish law??).

is this a way out for us,   or another con trick.

i read the banks just appeal and get a few more years,    any other buyers got any feedback?.

Hi Jack

Yes I also got an email from Ferrero Abogados offering no win no fee. It prompted me to chase my solicitor who told us they were waiting for a court date back in May.  Still no date but solicitor says to expect a date in 2016!

The inertia in Spanish legal proceedings is astonishing and it seems to me that some people are able to speed the process up. 

Anyway, the upshot is we are already a long way down the road with our current solicitor so I for one won't be taking Ferrero up on their offer.

I wouldn't waste any more money on Spanish solicitors, I would like to say I have a little faith in the Spanish system, however, I actually have no faith at all!!!!!

Dear jackb,

We know many Law Firms are contacting ACC buyers offering their services to claim against the banks.

We can't say how experienced or trained they are at this matter, but we must say it's really a solution. We have been  claiming against banks receiving the payments in their accounts for not giving BGs to the buyers and can say we are having a big success before Alicante Courts, in which (both First Instance Courts and Appeal Courts) the standard criteria is that the banks must respond.

Many of our clients (many of them members of this forum) have recovered their money from the bank by suing them.

Should you need more information, please send us a PM or just have a look to the "Santa Ana del Monte forum" of Eye on Spain.

Kind regards.

Hi, ILostMySensaHuma

Believe us: nobody can speed the process up.

We, professionals at law, suffer big delays everyday.

Despite that, the process speed depends on each Courts, and there are slow ones and very slow ones.

For instance, in Almeria a claim could take 3 years, and 1,5-2 in Alicante. In Madrid is a big lottery, as it's matter of the Court your lawsuit is sent to.

Good luck in your claim and, please, don't forget to share results with the forum. We think that information flowing freely in the forum is good for all.

Kind regards

Hi, thug,

So sad you think that.

We know in our profession, as in any other, there are good and bad solicitors, but is a bis mistake putting everyone "in the same bag" (if you understand this Spanish expression).

There are plenty of good independent solicitors that will defend your rights and get nice results. 

If you want my opinion, I think most of the problems come from very long, when people buying properties in Spain were led to Law Firms suggested by the promoters. Of course, they had not full independence to fight for the rights of the buyers and require the promoters (who had reccomended them), for example, a BG before paying any amount.

As we say in Spain, that dust brought this muds, and now we 

In those times we remained independent and we had not much work in conveyancing. Now we have plenty of litigation work, fighting for the rights of those buyers before the Courts

Of course, our legal system is far from being perfect, but it's not so bad. And, as said before, is desperating slow.

But believeus, good things of our system take long time to come, but lately they come out.

With a good independent solicitor and some patience, you can get back your faith on our system.

Kind regards

LucasAsociados, The people using this forum bought their properties in 2005, thats 10 years ago and they are still fighting to get thier money back, yes, their money, not the banks, not the solicitors, their money!!!! The perpetrators of this "crime" all got away scott free and now the Spanish legal process has let down almost everyone who bought on ACC and other developments. I for one will never buy in Spain again, I have invested in property in the UK and have had no issues at all because the courts work for the public, not the wealthy! The Spanish property market has been destroyed and much of this has been brought about by the Spanish themselves, we have a saying as well, what goes around comes around. The Spanish legal system and ,many solicitors, banks, courts etc has let us all down, that is a fact!!!

As said before, we know there have been negligent solicitors and banks, but is unfair to put everyone under the same umbrella. And is a fact that some Law Firms are helping buyers to recover their money, fighting for their rights. 

We firmly believe you have reasons enough to be disappointed with our legal system, but we are not all equals.And there are solicitors that want to help you and, the most important, that can help you. And they must not pay the bills for the damage made by others.

Perhaps not as fast as should, but we can say some people is getting their money back. And you can confirm it, as said, visting, for instance, the EOS forum of "Santa Ana del Monte", in which some members witness they have their money back.

Once said all that, this are some facts and our opinion, with all our respect to yours.

Dear Thug,

you are so right in stating that there are some really 'dodgy' solicitors in Spain but that is also true of the UK and many other countries.  In my case I have been represented by LucasAsociados and I have to say that I have no complaints with the way they have handled my case.  One bad experience will understandably leave a very bitter taste that could last forever more.  You aren't the first, and certainly won't be the last, to suffer from unscrupulous people in property deals.  There are so many property developers, town hall officials, estate agents etc too who have basically robbed thousands of us.  Emilio, at LucasAsociados represented me at my preliminary hearing, in Alicante, which took around 12 months to be heard.  He won my First Hearing court case, again, in Alicante some 6 months later.  The bank, BBVA, appealed, as we anticipated.  I'm now waiting to hear when the appeal case will be heard and when BBVA will refund my deposit.

I will keep updating my cases progress on here for all to read and hopefully benefit from in some way.

regards,

John