Bank witholding information - advice please

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11 Jul 2012 23:40 by jimalexa Star rating. 4 posts Send private message

Hi all,

I wanted to join Guadalupe's class action against the CAM bank but unfortunately the Bank draft issued by La Caixa for the 1st stage deposit was made out to the builder. I have asked the La Caixa branch to tell me into which account the money was deposited but they have refused to do this and though I gave emailed authorisation to them for our solicitor to receive the information ( La Caixa's suggestion) they have still refused.

I cannot believe that they can legally withold this information from me but at the moment I am hitting a brick wall with the Branch.

If anyone can tell me the legal position or suggestions where to go next i would be much obliged





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12 Jul 2012 23:03 by trowell1 Star rating. 150 posts Send private message

 call guadalupe. For advice

 





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13 Jul 2012 18:42 by jimalexa Star rating. 4 posts Send private message

Hi Trowell1,

Yes she is checking out something for me at present connected with the issue. However, I just wondered if anyone else knew anything definitive on the legal position regarding a bank witholding information pertaining to one of its clients accounts/dealings from the client themselves.

Thanks for the reply though





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14 Jul 2012 18:03 by ads Star rating. 4023 posts Send private message

If you have evidence of first stage deposit being made out to the builder, then in principle, is this not  considered sufficient evidence for a claim to proceed against the Bank according to Ley 57/68?

The offplan development presumably was funded by a Bank (or Banks) who would be liable by law to protect all deposited monies associated with that development and developer, until such time as the off plan property was completed etc.. The Bank in the interim would have been liable to issue corresponding Bank Guarantee(s) to protect all deposited monies associated with that offplan development. So, presumably, if the BG was not made available, for whatever reason, and deposited monies were therefore left unprotected, the law has been broken. So do you actually need specific evidence of the Bank account where monies were deposited, for the claim to proceed, or is the evidence of monies being forwarded to the developer associated with that development sufficient in this case?

Presumably according to data protection the developer would have to authorise the Bank to disclose the information to prove where those monies were deposited, and that is hardly likely to happen is it?

Perhaps Maria, or Keith, or Guadalupe could clarify this principle?

If this evidence is required and the developer continues to refuse to provide the Bank account details where monies were deposited  then can the developer be made to disclose these details by law?


This message was last edited by ads on 14/07/2012.



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16 Jul 2012 18:56 by jimalexa Star rating. 4 posts Send private message

Hi Ads,

I guess not to your first point as I have been informed that as the money did not go into the CAM account then I cannot join the class action by Guadalupe's team.

The off plan development was a Grupo Trampolin development and of course we received the fraudulent Swiss Financial Bank Guarantee, which our now defunct Aldea Asesores solicitor did not check out. Only when I contacted her with the Blacklisting information proided by the Spanish Ministry of Justice did she then at our insistence issue a Burofax to cancel the contract to which Grupo Trampolin issued the two finger salute and our solicitor then became very evasive until Aldea succumbed to internal fraud and when belly up too. 

But I would have thought that I am obliged (in law) to know from our bank where our money was deposited not at the whim of the Developer who cashed it.

Still, I am interested to hear what others think/know as to the legal position regarding the disclosure of the information.

Thanks Ads





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