27 Jul 2020 9:22 AM:

Dear Doodle,

 

Yes, it could be possible to claim, depending on the dates of your purchase, when was due to complete, when the money was paid, etc. If it was more than 15 years ago, would be dificult. If you want,  you can send us an email (info@white-baos.com) with a copy of your contract and evidence of the money paid, and we will confirm you if it is possible to claim.

Best regards

WHITE BAOS ABOGADOS

Community thread: WHITE BAOS LAWYERS

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25 Sep 2017 8:17 PM:

We want to share with you a part of an article we have published, as on the last claim we presented for a buyer off plan, the BBVA has accepted their liability and paid, in case is any of interest of somebody.

Best regards

.....

Our latest success has been in respect of claims on behalf of those who purchased in the residential area of Santa Ana del Monte, promoted by the developer Herrada Del Tollo Sl, which became insolvent.

 

Happily we are successfully recovering money paid by our clients through the court action against the BBVA Bank and the Sociedad De Garantía Reciproca De La Comunidad Valenciana (SGR), as shown by the recent Court Decision Order issued by the court of first instance nº 5 of Alicante, in the court process 686/2017, after recognition of its responsibility by BBVA.

 

The SGR and BBVA are responsible for returning the money paid to this developer, because they granted general policies to guarantee the money paid by buyers off plan in this complex, in accordance with law 57/68.

 

Even if they did not give individual guarantees to the purchasers, as the Supreme Court has repeatedly stated, for example in its judgment number 322/2015, although they have not issued individual guarantees, the entities, in this case BBVA and the SGR, must pay back the deposits paid by the purchasers, with interest, in accordance with the general bank guarantee granted.

 

In the same vein other Supreme Court Decisions can be found, like the Orders of 15/6/2016, of 9/21/2016, sentence number 626/2016, etc.

 

In addition, those affected in Santa Ana del Monte usually paid their deposits and partial payments of the price into the bank account that the developer, Herrada del Tollo SL, held with BBVA, which means that in these cases BBVA has a double responsibility for paying back the deposit and money paid, as:

 

1) BBVA granted a general policy as indicated above

2) In accordance with the law 57/68, article 1, second condition, the bank must make sure before opening  the special account to receive these funds that the deposits paid by the buyers were properly guaranteed as required by  law.

 

Therefore, if you have lost money in the purchase of a property off plan, in the complex of Santa Ana del Monte (due to be built by Herrada del Tollo) or any other development in Spain, contact us and we will help you.

 

We are experts who will only charge you if you win, once payment is made and generally our expenses will be paid by the other party, so it is possible for you to recover all of the money paid together with interest.

 

The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.

 

 

 

Carlos Baos (Lawyer)

White & Baos Lawyers Spain

Community thread: BBVA CHANGE OF THEIR LEGAL STRATEGY. NOW RECOGNIZING THE LIABILITY AND PAYING. SANTA ANA (HERRADA)

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01 Aug 2017 4:26 PM:

Hi,

The claim is agains SGR and BBVA, BBVA has said that they accept the liability about 50% of the principal and paid it to the court, and the court paid to us.

Now the court case continue for the other 50%, interest on the whole money paid and the legal fees.

Best regards,

Community thread: New Success against the bank of Tercia Real ( Urfesan) Money back to our client without bank guarantee

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31 Jul 2017 8:06 PM:

Sorry to hear that. Yes August is not a working month for courts. Our client has already been paid 50% of the money paid as BBVA has accepted the liability partially, and now we are claiming for the rest, interest, and costs. Yes, you are right, in court we need to be patient, I wish you all the best, Carlos

Community thread: New Success against the bank of Tercia Real ( Urfesan) Money back to our client without bank guarantee

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31 Jul 2017 6:16 PM:

Dear all,

We would like to confirm you that

The first instance court number 5 of San Javier ( Murcia), in its judgment 90/17, of July  10 2017, asked that Bank P to pay back the money lost by our clients, Mr. L and Ms M, represented by White Baos Lawyers in the court case, in their purchase of an off-plan property in the urbanisation, TERCIA REAL, developed by Proyectos y Desarrollos Urfesan SL, which was never handed over to them.

On the court decision, the court understood that it has been proven that the complex and the property purchased by our clients off-plan was never completed, nor was it handed over to our clients, the  buyers, who were also consumers.

Also, as stated in our claim, the judge has understood that despite the regulatory change that took place in 2016, the Law 57/1968 is applicable to the purchases off plan which took place prior to 1/1/2016, because the law changed has no retroactive effects.

In addition, it was proven that the defendant and convicted bank had a general bank guarantee line with the developer, for a total amount of € 3,000,000, under which it undertook to issue bnak guarantees in favour to buyers off plan on the Tercia Real promotion.

Likewise, it was proved that the bank entity also, was the bank that received the money paid  as per the contract by our clients, on the bank account that the promoter had with this bank.

Thus, the court as requested in our court claim, and taking into account the double responsibility of this bank in this case, as the bank who granted a general bank guarantee line to guarantee the payments on account done by the buyers of this complex, and also for being the bank which received in its account the money paid by the buyers, has fully agreed with our claim, and has condemned the bank to:

- Return the € 81,966 paid years ago by our clients.

- The bank must pay the legal interest of the said amount, from the moment when it was paid until its final return.

- The bank must also pay for the costs of the court case, (expenses of lawyers and procurators).

 

Therefore, if you lost your money buying a property off plan, if the developer is insolvent or has disappeared, if you bought in the urbanisation TERCIA REAL, promoted by URFESAN, or any other, you can claim, and do not forget that we and other solicitors we offer a no win no fees policy, so you can claim without risking

Carlos Baos (Lawyer)

White & Baos Lawyers ( Spain)

Community thread: New Success against the bank of Tercia Real ( Urfesan) Money back to our client without bank guarantee

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