Banks accept the latest sentences and pay back the money to those affected in Almanzora Country Club (Huma Mediterraneo)

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22 Jun 2016 17:24 by White-Baos Star rating. 32 forum posts Send private message

We are happy to report further good news to buyers affected after buying off plan in the Almanzora Country Club complex, from the promoter Huma Mediterraneo.

 

The main bank of the promoter Huma (BP) has accepted without filing an appeal, the recent judgment of the Provincial Court of Murcia, number 163/2016, where the appeal court confirmed the court decision granted in favor of several clients who presented a joint action represented by our firm. The same Bank, in another recent judgment won by ourselves in favor of a British couple, has accepted the judgment granted in April 2016 by the Court No. 4 of Totana, once again without appealing. This marks a change in the bank litigation strategy, since before they systematically appealed all court decisions.

 

Similarly, in certain cases, other banks that opened bank accounts for Huma Mediterraneo and received payment on account from their buyers, are accepting responsibility before the courts, even before the court decision is granted, acquiescing to claims presented by our firm.

 

Whilst we do not know if this change in their court strategy is definitive, we believe it is likely due to the number of court orders granted against banks by Spanish judges. Recent Supreme Court rulings have made clear their position and interpretation of the law 57/68, noting that buyers who do not have their money guaranteed by an individual guarantee, could still claim from the banks that received the money and opened special accounts to developers without ensuring that the necessary guarantees to refund the money if the developer could not hand over the properties were in place, as required by law. The banks are also responsible if they grant a general bank guarantee line for the development, even though they had not granted an individual guarantee for some buyers.

 

Our firm has helped many people affected to recover their money, having won 100% of the claims filed against Huma Mediterrano banks in this complex. We encourage affected consumers of the complex Almanzora Country Club to claim. Moreover, we charge our fees if only we win and you get paid by the bank, and usually in these cases, the judges will ask the bank to pay our legal fees. Do not hesitate, contact us and we will  help you.

 

The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.

 

Carlos Baos (Lawyer)

White Baos Lawyers

+34 966426185




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04 Aug 2016 17:46 by jackb Star rating. 206 forum posts Send private message

HELLO  has any buyer had thier money returned in last six months???   NOT won case and recived no money!!!!! wich the lawers love to quote.




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04 Aug 2016 20:18 by Nicholson Star rating in LEEDS. 9 forum posts Send private message

No, not me. Virtually written this off, but i am waiting and monitoring....

you never know !!




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05 Aug 2016 12:27 by Spanishpunter Star rating. 65 forum posts Send private message

You should research on this site and Google and you will find that all the legal evidence points towards recovery of deposits paid to developers off plan supported by several Supreme Court decsions and people have received their money back plus interest and in many cases costs.There are many post and much Google information on recovery about ACC

If you are only owed the intial deposit of 3005€ then it will not be cost effective to recover at the present time

Provided you have all the documentations and proof of payment then you can either use one of the Lawyers who will take you on NO Win No Fee or go down the normal route where you will have to pay the legal costs as you proceed. This is can be cheaper in the long run

Timing is probably good at present because some of the Banks are' close' to agreeing refunds without contesting a legal action and ' you probably paid the deposit when the exchange rate was circa 1.50 /1.45 € to the £' so there will be an exchange rate profit as well!!  

 


This message was last edited by Spanishpunter on 05/08/2016.


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05 Aug 2016 14:48 by briando55 Star rating in Yorkshire. 2001 forum posts Send private message

The one thing that is not reported too well by lawyers is how long it takes to put a case together, take it throug the stages in court procedure and then collect the money.

it is likely this will take around 4 to 5 years in my experience. 



_______________________

Best wishes, Brian

 



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05 Aug 2016 15:38 by broph Star rating. 147 forum posts Send private message

Yes it is a long road to recovery of off plan deposit , not helped by the way the legal system appears to allow the banks to delay the proceedings by lodging appeals. 

Our story began in Spring 2006 when we paid a substantial off plan deposit at Santa Anna del Monte Jumilla Golf Resort. The builder went into administration in 2009 and our then lawer was not wanting to pursue the action against the bank under law 57/68 as , in their opinion there was no chance of success.

So We subsequently changed lawer in Spring 2012  and we are to attend Alicante court in October this year. It's not guaranteed but we're hoping for a positive result.

So many others in similar position have had success, so I'm hoping the banks have finally realised the game is up on their account and stop wasting money and everybody's time as is suggested by Spanishpunters post.

Best wishes to all who are in similar position to us.

Broph




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15 Aug 2016 08:12 by gazza Star rating. 74 forum posts Send private message

Hi JackB

Yes we have had our money returned. We were awarded the full amount but the costs were taken out and the interest wasn't paid. The bank lost their appeal so we should now get our costs back plus interest although this is yet another long process




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15 Aug 2016 13:55 by Hopeful! Star rating. 14 forum posts Send private message

HI. Thats great news - congratulations. How long did it take from winning your court case to getting your money? Thanks


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16 Aug 2016 11:33 by gazza Star rating. 74 forum posts Send private message

Thank you Hopefull

Our court case was March 2014 and we found out in June 2014 we had won. The bank appealed and this was set for Feb 2016 but we could take the money before if we wished and pay it back if the bank won their appeal. We decided to do this and received the money in March 2015, so about a year after the court case. 

The bank lost their appeal and so now have to pay us costs and legal interest. This is a separate claim so will be another length progress I assume.




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17 Aug 2016 00:50 by briando55 Star rating in Yorkshire. 2001 forum posts Send private message

Can I ask you, and any legal reps watching a question.  

If a court awards a result, are there Spanish bailiffs who can enforce decisions like we have in the uk?   

It seems a poor system that just charges you every step of the way to keep arguing a case.  What's the enforcement procedures?  



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Best wishes, Brian

 



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07 Sep 2016 18:47 by White-Baos Star rating. 32 forum posts Send private message

Dear Briando55,

If a Spanish court ruled in your favor, but the other party does not want to fulfil the court order, you will be able to start an execution of the court decision, placing a charge on the assets of the other party, etc.  As far as I understand is a similar system than in UK.

You can also ask for an interim measure with the claim to place a charge on the assets of the other party.

In cases like claims against Banks, i.e: the banks of HUMA,  as per our experience with many clients, the bank has paid the money to the clients after the court decision granted become definitive. If in your case the bank has appealed you could ask for a provision execution of the court order.

 

Best regards,

Carlos Baos ( Spanish Lawyer)

White Baos Lawyers




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20 Oct 2016 14:32 by jackb Star rating. 206 forum posts Send private message

out of the 2000 deposits,   how many have had full refund of money not promises.




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Previous Threads

New Law - 7 posts
Appeal Court of Murcia confirmed th responsability of Banco Popular to pay the money back for the purchasers at ACC - 31 posts
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NEW SUPREME COURT RULING on 15.12.15 - 0 posts
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Important Meeting in London For Those Still Awaiting the Return of their Huma Mediterraneo Deposits - 12 posts
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