Costaluz Lawyers, A great success in recovering our deposit using law 57/68

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07 Feb 2012 00:00 by wakemans Star rating. 56 posts Send private message

 

A GREAT BIG, thank you, to Costaluz Lawyers, Maria & all her team.
They have won our case against BBVA who we paid our deposit to for our home on Santa Ana, Jumilla, Murcia, back in September 2006.
We had NOT been issued with a bank guarantee although it was promised to us on many occasions by San Jose, until they went into administration.
We had to go through the administration stage of the company, Herrada del Tollo, not knowing if they would be liquidated or not, we actually voted for them to be liquidated rather than be strung along for the next 5 years but there were enough votes to enable them to survive & offer us 65% of our money back in 5 years time.
We decided this was not acceptable, our original lawyers were not convinced of the action against the banks so we asked Maria at Costaluz Lawyers to start an action against the bank for us, under provision 1 segundo of Law 57/68, this action started in November 2010, so in approx 1 year we have a court decision to award us our original deposit money back plus legal interest & costs.
The original deposit has been refunded already with the costs and interest  to be worked out and paid later.
We are Costaluz Lawyers first successful case using law 57/68 but will surely not be their last, be strong and brave, do not let the banks get away with YOUR money.
We would suggest talking to Maria and find out what she can do to help you.
It will cost you nothing to find out if you have a valid case.
.
We are incredibly happy
 
Two very satisfied clients
 
Chris & Julie




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07 Feb 2012 14:31 by Keith110 Star rating in the UK and I am lead.... 682 posts Send private message

Fantastic result.

Excellent to see BBVA responsible for the off-plan deposit even though no Bank Guarantee was issued.

Banks accepting their obligations under LEY 57/1968 Article 1.2 - BRILLIANT!!

Was this actually a First Instance Court Decision or was it an out of court settlement on receipt of the Lawsuit?  Maybe María can confirm this.

Kind regards

Keith



_______________________

LEY 57/1968
CLICK HERE FOR THE BANK GUARANTEES IN SPAIN WEBSITE

       
      

fpag@btinternet.com




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07 Feb 2012 14:35 by sandra Star rating in . 810 posts Send private message

sandra´s avatar

That is just brilliant news for you. Congratulations to Maria and her team at CostaLuz Lawyers and to you for your tenacity in following the case to a (almost until you get your costs etc.,,) satisfactory conclusion.

The years of trying to get justice certainly take their toll on your health and peace of mind and so I send my best wishes for your future.

To Maria I say, 'more power to you!'



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07 Feb 2012 18:13 by ads Star rating. 4022 posts Send private message

Many congratulations to Chris and Julie and to Maria and her team. Well done indeed! It's so good to hear of a success where there was no BG issued.

I too would be interested to know if this was a settlement by the Bank or if a resolution had been achieved  via the courts and if so did the Bank appeal the ruling?

 

 



This message was last edited by ads on 07/02/2012.



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07 Feb 2012 19:47 by mark barton Star rating. 43 posts Send private message

Chris & Julie,

Have you got your money back in your own bank account from the won case?

Very interested to hear if this is the case and, if so, howlong did it take from winning the case to being in your bank account...

Regards

Mark





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09 Feb 2012 14:13 by wakemans Star rating. 56 posts Send private message

Hello Mark,

Yes we have the money back in our account, we waited until we received it before posting so as not to tempt fate.

It took approx 6 weeks from the sentence of the judge to receiving the money however this was over the christmas period when there were many holidays.

We hope many more of you will also be successful in the near future.

Kind Regards

Chris & Julie

 





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09 Feb 2012 14:28 by Keith110 Star rating in the UK and I am lead.... 682 posts Send private message

Hi Ads

I think it was probably a settlement by the Bank once they received the Lawsuit.

María's Legal Tip 618 posted on 18 Oct 2011 - "BBVA settling out of court" is in relation to this particular case:

http://www.eyeonspain.com/blogs/costaluz/6204/legal-tip-618-bbva-settling-out-of-court.aspx

Kind regards

Keith



_______________________

LEY 57/1968
CLICK HERE FOR THE BANK GUARANTEES IN SPAIN WEBSITE

       
      

fpag@btinternet.com




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09 Feb 2012 14:41 by ads Star rating. 4022 posts Send private message

Many thanks Keith,

So there still has not been a judicial resolution via the court system to this problem relating to lack of Bank Guarantees as yet? It  was settled by the Bank prior to going to court?

I don't wish to undermine the success via a Bank settlement as this is a significant result , but it's important to understand the legal detail to this claim option against the Banks and to establish if the judiciary have yet ruled against any Bank under these circumstances.

Perhaps Maria can advise.

.





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09 Feb 2012 16:30 by Keith110 Star rating in the UK and I am lead.... 682 posts Send private message

It seems that this case was settled by the Bank once they received the Lawsuit. So the case was in the court system and the Judge would have dealt with the Banks offer. But it would not have gone to full trial so the Judge would not have passed a Judgment.

But it is very significant.  The Lawsuit must have contained arguments based upon the Banks liability under LEY 57/68 Article 1.2 and it appears the Bank realised that it was not in their interest to defend the Lawsuit.

This is similar the recent settlement by Caja Murcia which María refers to here:

http://www.eyeonspain.com/blogs/costaluz/6645/legal-tip-693-caja-murcia-settling.aspx

There are now several instances of Provincial Court Judgments (Santander, Cantabria, Burgos, Alicante, Murcia etc.), the Supreme Court of Navarra and various First Instance Courts in which Judges have ruled on the liability of the Banks according to LEY 57/1968.

For example in the recent Murcia Appeal Court case the buyer had paid two instalments to the developers Bank Account. The Bank only issued a Bank Guarantee to cover the first payment. However the Judge ruled that the Bank must refund both payments and not just the one they had issued the BG for.

So although there are Judgments which make the Bank liable for the full amount of the deposit paid by the buyer they are cases where the Bank had issued a Bank Guarantee for part of the deposit.

There are thousands of BG cases in the courts so it is just a matter of time until we learn of a Judgment against a Bank where no Bank Guarantee existed for any of the deposit.

I am sure María is checking new Judgments and Case Law on a daily basis. So watch this space!

Kind regards

Keith



_______________________

LEY 57/1968
CLICK HERE FOR THE BANK GUARANTEES IN SPAIN WEBSITE

       
      

fpag@btinternet.com




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11 Feb 2012 21:50 by Keith110 Star rating in the UK and I am lead.... 682 posts Send private message

You can now add Valladolid to the court judgments against the Banks for their liabilities under LEY 57/1968...........

http://www.eyeonspain.com/blogs/costaluz/6693/legal-tip-701-valladolid-appeal-court-and-full-liability-of-banks.aspx

So:  Navarra, Santander, Cantabria, Burgos, Alicante, Murcia, Valladolid........

Keep them coming!!

Kind regards

Keith



_______________________

LEY 57/1968
CLICK HERE FOR THE BANK GUARANTEES IN SPAIN WEBSITE

       
      

fpag@btinternet.com




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