Case won against CAIXA in Estepona Beach and Country Club today

Expatica - Health
Post reply   Start new thread
New - Old :: Old - New

Pages: 1 |

Estepona Beach And Country Club forum threads
The Comments
29 Apr 2021 2:15 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 forum posts Send private message

mariadecastro´s avatar

Finally, today, CLL team has won a case against Bank receiving deposits in Estepona Beach and Country Club development!

So happy for the clients, so proud of the team, so satisfied of Judge!

 

M



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria


Like 0

Spam post or Abuse? Please let us know

18 May 2021 10:54 AM by SMacG Star rating. 9 forum posts Send private message

Hello mariadecastro 

Just came across this news, is this for real ?!.

Can you tell us if the case  your lawyers won for your EBCC client had paid their deposit through Ocean View properties and did they have a signed contract from the developer 

we have been told all along that we would have no case as we could not prove our money was paid to developer. What has changed ?

Does this mean all Estepona cases will have a good chance of getting thier money back.  

Rgds  

S

 




Like 0

Spam post or Abuse? Please let us know

18 May 2021 4:06 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 forum posts Send private message

mariadecastro´s avatar

Hello mariadecastro 

Just came across this news, is this for real ?!.

Adding comments/answers below to you in bold green ( same text as your email):

Can you tell us if the case  your lawyers won for your EBCC client had paid their deposit through Ocean View properties and did they have a signed contract from the developer . Yes, they have paid through OV and despite they did noy have a signed contract by developer we obtained the cacncellation to the contract first.

we have been told all along that we would have no case as we could not prove our money was paid to developer. What has changed ? We have obtained the Decissions with proof of money being sent from OVP to developer´s  bank account ( bulk sums for all clients) and contract being cancelled.

Does this mean all Estepona cases will have a good chance of getting thier money back. It depends on every particular case, as always. 

Rgds  

S



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria


Like 0

Spam post or Abuse? Please let us know

19 May 2021 11:26 AM by SMacG Star rating. 9 forum posts Send private message

Thank you for answering my queries mariadecastro re EBCC 

this is great news and at least give some hope to others.  

Would i be right in saying that the bank can appeal this decision ? or is this a final decision ?

I have heard that it can all depend on the judge and where your case is held   - this judge must have been a nice one - where was the case heard?

Congrats on your success  - you are doing a great job!!




Like 0

Spam post or Abuse? Please let us know

19 May 2021 12:08 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 forum posts Send private message

mariadecastro´s avatar

Thanks SMacG!

Yes, the bank is still witthin timesframes for Appeal. Let´s see. Our Supreme Cout is voiding the nature of liabilities of depositers banks lately through a very artificial doctrine....

Case was heard in Court Number 5 of Estepona.

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria


Like 0

Spam post or Abuse? Please let us know

23 Jun 2021 7:38 PM by SMacG Star rating. 9 forum posts Send private message

Hello again MariaDC 

Any more news on the Estepona BCC case which had some success in April  - did the bank appeal the decision.

Also i'm sorry but my knowledge of law is not very good what did you mean by 

......... Our Supreme Cout is voiding the nature of liabilities of depositers banks lately through a very artificial doctrine....

Rgds

S




Like 0

Spam post or Abuse? Please let us know

23 Jun 2021 7:59 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 forum posts Send private message

mariadecastro´s avatar

SMacG:

Bank Appealed and we opposed the Appeal.

The statement on Supreme Court is regarding a very strict interpretation of possibiliies for the bank to know on the nature and destination of payments made in their accounts which is leaving many claimants out of the protection of law 57/68

M



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria


Like 0

Spam post or Abuse? Please let us know

03 Nov 2021 2:08 PM by SMacG Star rating. 9 forum posts Send private message

Hello mariadecastro 

Any more news on the Estepona BCC case that was won and appealed by bank - its been nearly 5 months  - has there been any movement with case or do you anticipate hearing anything soon. 

Rgs




Like 0

Spam post or Abuse? Please let us know

03 Nov 2021 2:40 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 forum posts Send private message

mariadecastro´s avatar

Checking with the team adn getting back to you. Initially, I think there are no news. Appeals take around 2 years in Malaga



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria


Like 0

Spam post or Abuse? Please let us know

03 Nov 2021 4:48 PM by SMacG Star rating. 9 forum posts Send private message

Hi mariadecastro 

i have heard that people can get their money before the appeal is heard ie you have won the case and you can ask for the award to be paid out before the appeal - if appeal is lost person has to pay back the money  - has that happened in this case - has the person received their money in lieu of appeal  - 2 yrs is a very long time to have to wait - the Spanish courts are so so  slow. 

Rgds 




Like 0

Spam post or Abuse? Please let us know

08 Nov 2021 10:04 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 forum posts Send private message

mariadecastro´s avatar

Case is still waiting Appeal Decission. It takes 18-24 months in Málaga

Yes, you can ask for provisional enforcement of the Court decission and request money to be paid to you under the condition that if Appeal is lost, money has to be pid back. In this case, clients did not ask for this, so we did nor request it.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria


Like 0

Spam post or Abuse? Please let us know

04 Jan 2024 4:37 PM by SMacG Star rating. 9 forum posts Send private message

Hello mariadecastro 

Its now been over 2 yrs  since we last communicated about  this  -  Any more news on the Estepona BCC case from Apr 21 that was won and appealed by bank . You said it took 18 - 24 mths ?? Did your client win and get any money ??

Rgds 

S




Like 0

Spam post or Abuse? Please let us know

07 Jan 2024 12:10 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 forum posts Send private message

mariadecastro´s avatar

Hello!

Happy 2024!

Let me check on this and get back to you.

In regards to bank´s liabilities,unfortunately, there has been a shift in the way the Supreme Court analyzes the extent of the banks' responsibilities, subjecting these responsibilities to technical requirements that burden the consumer. This change is contrary to the spirit of the law 57/68, the Supreme Court's original interpretation of it, and the Spanish and European law pertaining to contracts and consumer rights



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria


Like 0

Spam post or Abuse? Please let us know

08 Jan 2024 9:59 AM by SMacG Star rating. 9 forum posts Send private message

Hello Maria - Happy New year to you also  - thank you for your quick reply - sorry but i'm not sure i understand your statement regarding bank liabilities!

When you say - there has been a shift in the way the Supreme Court analyzes the extent of the banks' responsibilities - what are these technical requirements which burden the consumer???

How are these changes contrary to the spirit of Law 57/68 and how do these changes affect Esepona cases ? - what is this new interpretation of Supreme court?? 

Rgds 

S

 




Like 0

Spam post or Abuse? Please let us know

08 Jan 2024 11:19 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 forum posts Send private message

mariadecastro´s avatar

Good morning SMAcG, thanks fro your email.

This below is a text on an article describing the situation: this has been reported to the European Commission as we understand this Supreme Court interpretation violates EU Law. SC doctrine is subject to changes. It is necessary to keep presenting cases before them and the EU Commission.

The recent Supreme Court judgments that limit the banks' capacity for active surveillance and control to the compliance with unnoticed requirements by the buyer, and not covered by the law, represent a serious attack against the guarantees of Law 57/68.

Off-plan purchase and sale: a bank branch that receives numerous deliveries from third parties into an account opened by a prominent promoter in the area. By virtue of Law 57/68, which protects buyers of off-plan properties, and also by virtue of the anti-money laundering law, the bank is under a legal duty to control the origin and destination of these amounts.

According to original Supreme Court Docrine, this duty of vigilance begins as soon as "the bank knows or can know" or "notices the possibility" that off-plan deliveries are being made.

However, according to most recent the Supreme Court, in an unreasonable and interpretation contrary to the Law, with the mere deposit by a third party in the promoter's account, the bank is not in a position to "notice the possibility" that down payments are being made in off-plan purchases. To understand it this way would be to subject the bank to a responsibility "at all costs," in the opinion of the Supreme Court.

Only if in the promoter's account,(1) the buyer himself (be careful: never a third party acting on his behalf) (2) precisely reflects the concept of the deposit, will the bank then be able to open its understanding and its eyes, notice this possibility, and deploy its duty of active surveillance, as required by the protective Law 57/68.

The main problem is that the buyer was never warned of these formal requirements and trusted in the protection of their amounts from the moment they deposited sums into the promoter's account.

There are numerous Provincial Courts that think otherwise, but the Supreme Court insists on this protective vision of the banks and contrary to the spirit and letter of Law 57/68 and all its Case Law development in recent years. It empties the special obligation of active surveillance entrusted to the depositary entities, which are cornerstone of the Law 57/68 system, in one stroke.

In my opinion: a legal nonsense, a cape to the Banks, an attack against thousands of buyers, and a real pity: after the beautiful jurisprudential development of this figure of the depositary bank as the main custodian of Law 57/68.

It is a recent doctrine for these particular cases in which the deposit is made by a third party (agent or lawyer of the buyer) without specifying in detail the concept. It is a recent doctrine that also contradicts the general doctrine that the Supreme Court itself continues to maintain, in relation to this responsibility.

We are keeping the fight up. The matter is being reviewed by the European Commission.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria


Like 0

Spam post or Abuse? Please let us know

08 Jan 2024 6:57 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 forum posts Send private message

mariadecastro´s avatar

After review of pending cases against Caixa and Sungolf:

Case One - CAIXABANK - EBCC - SUNGOLF & OCEAN VIEW:  Won in First Instance and Appeal phases and Caixa has submitted a Cassation Appeal before the Supreme Court.

Case Two - CAIXABANK - EBCC - SUNGOLF & OCEAN VIEW : Case won in First Instance and Caixa submitted an Appeal.

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria


Like 0

Spam post or Abuse? Please let us know

16 Jan 2024 10:38 AM by SMacG Star rating. 9 forum posts Send private message

Hello Maria

Are you saying the Supreme Court of Spain are favouring the banks now? ie the banks are saying they didn't know what the money was for and the SC is agreeing with them. This is ridiculous !! 

How can millions of Euro, be deposited in large lump sums, into a developers account and the bank never know or ask what it was for or where it is coming from ??- surely if large sums come into anyones account, the bank must flag this up in case of Fraud ?? or does this not apply to Spain ??

Are the members of the Supreme court in Spain being paid off by the banks ??? It makes you wonder !!!!

Does this mean the Supreme court will most likely overturn your two successful Estepona cases or what can your appeal to European Commission do - can EU Commission force the Spanish Supreme court change their rulings and go back to the original interpretation??

In Case 1 where you have won in first and appeal phases, i have heard you can ask for a 'Provisional Enforcement '  - where you can receive you compensation before Supreme Court hearing,  is that correct ?? If so, did you ask for PE and was it successful ie did the person claiming receive payment ?? 

Thanks

SMacG




Like 0

Spam post or Abuse? Please let us know

16 Jan 2024 12:02 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 forum posts Send private message

mariadecastro´s avatar

Indeed! Your assertions about the complete lack of common sense, and legal sense, in these interpretations by the Supreme Court are emphatically accurate. Moreover, they are considered scandalous by a colleague who is also the Dean of one of Spain's most prominent Bar Associations.

In all cases, and upon client request, we proceed to analyze the possibility of appealing to the Constitutional Court and the European Court of Human Rights before filing a complaint with the European Commission. At the same time, we are producing articles for Spanish legal forums to expose this reality. It is an affront to the buyers of first and second residences in Spain, as contained in Law 57/68 and its subsequent amendments, which were being interpreted so exemplarily by Spanish courts. In fact, as of today, many Appeal Courts do not follow this criterion set by the Supreme Court.

We are keeping the battle up, of course!



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria


Like 0

Spam post or Abuse? Please let us know

16 Jan 2024 1:20 PM by SMacG Star rating. 9 forum posts Send private message

Thanks for your clear and detailed response Maria - yes do please keep up the fight - it is greatly appreciated by the many who have suffered loss to these crooked developers and banks 

Rgds

SmacG




Like 0

Spam post or Abuse? Please let us know

16 Jan 2024 3:01 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 forum posts Send private message

mariadecastro´s avatar

We will!



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria


Like 0

Spam post or Abuse? Please let us know

Pages: 1 |
Post reply   Start new thread


Previous Threads

Any new information on OVP and Leslie Alberici - 2 posts
Reliable Internet Access on vacation - 0 posts
Negligence claims/OVP - 0 posts
Quinn have declined Indemnity - 3 posts
Kim Wood, Clair Pote and Steve Pote stil doing what they do best - 0 posts
Legal tip 480. 1 week for Company incorporation in Spain - 0 posts
Conveyancing UK and Leslie Alberici - 7 posts
Renting Your Property - The Legal Aspects - 0 posts
The Restore Action - 0 posts
ITV Homes from Hell - 0 posts
Latest position from Crutes - Important - 0 posts
News on case with CUK in UK - 1 posts
Legal tip 277. Low cost action against Banks. Manifesto by Costaluzlawyers - 1 posts
Legal information on rentals - 0 posts
Building defects - 0 posts
Legal information on rentals - 0 posts
Case won against SunGolf and Ocean View - 8 posts
The Spanish property nightmare! - 2 posts
Grant Thornton meeting 23rd October - 17 posts
please help EBCC investor in the dark - 1 posts
INSOLVENCY MEETING 5/6/09 - DISCUSSION THREAD - 34 posts
INFORMATION FROM INSOLVENCY MEETING HERE - DO NOT POST ON THIS - SEE DISCUSSION THREAD - 0 posts
Criminal action ( together with the civil one for cancellation) against the administrator of SUNGOLF DESARROLLO INMOBILIARIO AND UNICO INTERNATIONAL. - 9 posts
anyone recoup expenses through home insurance - 0 posts
Trying to recoup costs - 0 posts

20 posts were found:


1 |
Our Weekly Email Digest
Name:
Email:


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x