GM LEGAL EXPERTS WON CASE GARDENS OF MANILVA

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18 Sep 2014 10:49 AM by Guadalupe. Lawyer Star rating. 261 forum posts Send private message

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GARDENS OF MANILVA: NEW JUDGEMENT FROM SEVILLE'S COURTS SENTENCES CAIXABANK TO REFUND DEPOSIT PLUS LEGAL INTEREST TO BUYERS
 
Yes, we did it again. Seville's First Instance Court has just sentenced Caixabank to refund deposit plus legal interest and defence cost to our customers, who bought two properties in Gardens of Manilva.
 
Bank's defense was based on the lack of individual bank guarantee, and the "exhaustion" of the amount guaranteed. In addition, Bank was claiming that 57/68 Act wasn't applicable because our customers bought two properties so, in their opinion, they were investors and no consumers.
 
But the judge dismissed all the Bank's arguments to challenge our claim, because he interprets (as we do) that rights ruled by 57/68 Act are unwaivable, so any limitations to those rights agreed between Banks and developers are not enforceable against purchasers.
 
We are sure that this judgement will give string encouragement and hope to buyers of Garden of Manilva who caught in the middle of the Ocean View & Manilva Costa Bankruptcy proceeding



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Previous Threads

GM LEGAL EXPERTS FINAL MEETINGS' SCHEDULE IN UK CONFIRMED. INFORMATION UPDATED - 0 posts
GUADALUPE TO ATTEND MEETINGS IN UK - 0 posts
Other judge consider that Phase 2 and 3 is included in the general bank guarantee - 0 posts
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MAGISTRATES' COURT FROM SEVILLE REJECTS THE APPEAL FILED BY CAIXABANK AND CONFIRMS THAT THE GENERIC BANK GUARANTEE FOR GARDENS OF MANILVA (MANILVA COSTA) IS ENFORCEABLE - 1 posts
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TWO MORE GARDENS OF MANILVA'S PURCHASE CONTRACTS CANCELLED WITHIN THREE MONTHS. NOW READY TO CLAIM DEPOSITS REFUND TO BANKS - 0 posts
CAIXABANK SENTENCED TO REFUND DEPOSIT PLUS LEGAL INTEREST TO PURCHASERS OF MANILVA COSTA (GARDENS OF MANILVA) UNDER THE PROVISIONS OF A GENERIC BANK GUARANTEE - 1 posts
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