UK Solicitor acting for Banco Santander to recover Banco Popular payouts

Hi all

Having recovered my First Stage payment on the failed Almanzora Country Club development back in 2013 I am now being pursued by a UK lawyer. They are claiming the €57000.00 back plus a mind blowing €15000 interest using a Banco Popular Appeal Court hearing won back in 2014. Aparantley they are acting on the behalf of Banco Santander, who bought Banco Popular for one euro a few years ago when the bank was in serious financial trouble. Is anybody else being pursued in this way? €72000 would be some return on a one euro investment!

From what you say you seem to have won your court case in 2013 but then the Bank appealed -what were the reasons for the Bank winning the Appeal 

I still have a court case waiting for a decision -information given to me is that most cases are successful ( like yours was in the first instance ) 

So would be grateful if you would tell me the reasons the court gave for the Bank to succeed 

must be very annoying and worrying for you to be given the money and probably interest back to 2005 only to be asked  to repay now 

regards 

Brian 

Hi Brian

The reason given for Banco Popular winning the appeal states: Huma Mediterraneo should have provided us with the Bank Gaurantee referred to in the legal action against them. I do not understand this ruling because in our case Banco Popular handed over our money to the developer knowing full well that Huma Mediterraneo were under investigation by the Andalusian Junta for illegal building on land at Cuevas de Almanzora and even if they didnt should have!
Also we were also awarded interest and legal costs. None of which we ever received from Banco Popular. To be clear we just received our original holding fee and First Stage payment. €57,532.70.
What I find really disgusting is the UK solicitor acting for Banco Santander (who bought Banco Popular for 5 euro several years ago) are seeking the return of the €57,532 .70 plus a whopping interest of €15,000 and any court costs accrued.
My wife and I are both in our late 70's and find the resurection of this 'ill fated home buying in Spain' very stressful.
Any help or advice gratefully received.

Kind regard
Peter & Lesley

 

Hi to you both

Sorry to hear about all your pressure over ACC -many were in the same position as you . Paying the deposit and not receiving the bank guarantee as stated in the contract. I have been told that nearly all who went to court were successful, as indeeed you were but you are the first case where the Apeal has been successful. A few did lose appeals because of technical reasons . And banks to other similar developements where guarantees were not issued have also been forced by the courts to repay the deposits ; ACC was not a unique case 

Spanish legal firms were actively advertising that they could get your money back when guarantees were not given !

What does the lawyer who acted for you in 2013 say about all this ? .

Brian 

Hi to you both

Sorry to hear about all your pressure over ACC -many were in the same position as you . Paying the deposit and not receiving the bank guarantee as stated in the contract. I have been told that nearly all who went to court were successful, as indeeed you were but you are the first case where the Apeal has been successful. A few did lose appeals because of technical reasons . And banks to other similar developements where guarantees were not issued have also been forced by the courts to repay the deposits ; ACC was not a unique case 

Spanish legal firms were actively advertising that they could get your money back when guarantees were not given !

What does the lawyer who acted for you in 2013 say about all this ? .

Brian 

I'm new here and acting on behalf of my elderly aunt and uncle. What is the deal with all this debt being sold over here? They are both stressed out their minds after receiving a solicitors letter asking for over €72000 a lot of this is interest. They don't have this kind of money and my uncle now has alciemers and is not really aware of what is happening. My aunt can't stop crying that someone is going to come and take their house away. We've tried to get solicitors advice and nobody around here will take it on because it's Spanish laws. I'm so worried about them. Should they just ignore these letters or acknowledge? They can't even afford to have their heating on let alone entertain this kind of debt. Thanks in advance.

The legal basis for these recovery efforts appears to stem from Banco Popular's successful appeals in certain cases, where courts found that the developer, Huma Mediterráneo, slither io should have provided the required bank guarantees.