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Legal tip 1315. NEW! MANILVA COSTA S.A. - BANK ACTION WON IN FIRST INSTANCE COURT AGAINST CAIXABANK S.A. FOR A BUYER AT JARDINES DE MANILVA
04 August 2015 @ 10:31
MANILVA COSTA S.A. - BANK ACTION WON IN FIRST INSTANCE COURT AGAINST CAIXABANK S.A. FOR A BUYER AT JARDINES DE MANILVA
Notification sent today to our client who had reserved an off-plan property from the developer, MANILVA COSTA S.A. at JARDINES DE MANILVA informing them that their case had been won in the First Instance Court.
Re: YOUR CASE AGAINST CAIXABANK S.A.
PO: xxx/2013
Please find attached Sentence No. xxx/2015 from the First Instance Court No.4 Estepona.
Your case against CAIXABANK has been won.
The final paragraph of the First Instance Sentence delivered on 20 July 2015 and notified on 24 July 2015 states:
“Fully estimating the Lawsuit and condemn CAIXABANK S.A. to pay to XXXXXXX & XXXXXXXX the amount of XXX,XXX Euros, as well as the payment of statutory interest in the manner expressed in article 4 of this Sentence. And expressly impose the costs of this procedure on the defendant”
So your Lawsuit has been fully estimated. CAIXABANK is sentenced to refund to you the amount of XXX,XXX Euros plus legal interest from the date you paid the amounts to the developer increased by 2% from the date of the Sentence until complete payment to the Court.
The Judge is of the opinion that although you did not receive an Individual Guarantee, Caixabank has a liability to refund your off-plan deposit due to the General Guarantee it issued to Manilva Costa S.A. for the Jardines de Manilva development in accordance with LEY 57/1968.
Costs of the First Instance Proceedings are imposed on CAIXABANK.
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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What a wonderful ruling Maria, well done.
It will be interesting to see if the 2% increase in interest from the sentence date will act as adequate disincentive to the Bank appealing this ruling.
Will you please keep us posted.
Many thanks.
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Dear Maria,
As 20 days have now passed since the first instance ruling on this case, do you know if Caixa Bank have appealed this decision, and if so, on what grounds have they appealed?
Many thanks.
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Dear Maria,
Do you have any further information on this case please (see posting below).
Many thanks.
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Many people seem to win their cases but how many actually receive any money? Are they just hollow victories?
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Ads: August days are all out of the counting so no 20 days have passed
Conchi: All our clients winning against Banks are receiving their money of course.
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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I have employed Maria to recover our money back on Royal Vinedos del mar.Just wondering if any one else bought or invested in this property?.Maria seems confident that she will recover all monies plus interest,but will take some time.Can anyone who won their case let us know how long it took and did you get a full refund?
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The 20 days are up, just wondering if the bank has paid up?
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I am asking about this and will be getting back to you
M
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Jad511:
Bank appealed. Just received info from Costaluz Lawyers office
Cheers
María
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Thank you Maria,
Could you inform us on what grounds the Bank have appealed, please?
Many thanks.
This message was last edited by ads on 19/10/2015.
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Of course. Let me read their appeal plea and get back to you
M
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Main defense argument of the Bank is that the Guarantee has already been exhausted by payment to other claimants, which is against Law 57/68 and recent interpretations by Spain Supreme Court which grants inalienable rights for refund of principal plus legal interests to all buyers crediting payment into the developers´ account. This is the only legal limit to the General Guarantee: Payments to developer´s account plus its corresponding legal interests.
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Thank you Maria.
If the Supreme Court has already issued a ruling in claimants' favour on this form of challenge associated with "exhaustion of payments" and recognised the associated inalenable rights for refund plus corresponding interests, why has the judge allowed the appeal to proceed?
Aren't inalienable rights for refund and corresponding interest automatically interlinked within Ley 57/68 law and supported by existing Supreme Court ruling?
Doesn't this appeal submission act as a prime example where a Bank can consistently submit appeals without due consideration of specific existing SC rulings/clarification of law 57/68 in claimants favour?
This message was last edited by ads on 19/10/2015.
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After Supreme Court decissions, it will be a very clear case for the Appeal Court to decide about.
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Dear Maria,
Are you able to bring these matters to the attention of the Andalusian Forum on Justice, as these continual ploys by the Banks to delay and obstruct the Justice system in Spain appear abusive and totally contra to the principal of good faith? How can they continue to submit appeals when SC rulings have ALREADY clarified this law and recognised purchasers' inalienable rights?
This message was last edited by ads on 21/10/2015.
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