More importantly, perhaps best to ask if anyone has managed to make a successful claim against the bank(s) that either were proven to have taken depositors monies or acted as guarantor for the development in question, under Ley 57/68 law, which in many regards now has Supreme Court rulings confirming and clarifying offplan purchasers rights in the event of proven breach of contract. ( note: still some ongoing SC challenges remain outstanding however with regard to backdated interest claims and “delayed” claims ).
Time constraints apply however and no doubt it has become increasingly essential to use a well experienced and independent law firm who have proven successes to date on the development in question, as the Banks have become very adept at reneguing on their legal obligations and challenging all manner of technical aspects to fighting claims of this nature, requiring that Barristers remain fully aware of Banks ongoing manipulative ploys to avoid full accountability according to clarified law.
Search the EOS site, for instance Maria de Castros legal tips, where she has identified successful Bank claims at various court levels and litigation stages ( first instance , provincial,, SC) highlighting the associated Bank, developer and development.
https://www.eyeonspain.com/blogs/costaluz/18320/legal-tip-1457-21-cases-against-banks-won-so-far-in-2018.aspx
Also the following:
https://www.eyeonspain.com/blogs/costaluz/16979/legal-tip-1423-lawyers-liabilities-professional-negligence.aspx
But bear in mind also the real impact that major delays in the Justice system are having on the actual return of monies and the fact that Banks are increasingly appealing at every opportunity ( even where extensive supportive case law exists), as manipulative ploy to perpetuate delays and sadly obstruct and frustrate the justice system in Spain.
Some have been fighting cases for 14 years and beyond and still are having to endure Banks abusive ploys in denial of their legal obligations.
Hopefully the SC will now stand firm in full recognition of such ongoing manipulative bad intent/Banks denial of legal responsibilities to safeguard and correctly administer monies and guarantees from outset of offplan deposit, by provision of TIMELY supportive rulings or TIMELY non admissions where applicable.
BUT this in itself is proving an ongoing matter that good law firms should be highlighting and placing on record with a view to effectively “ whistle blowing” the negative effects, not only in support of their innocent claimants, but now in support of the overall system of justice in Spain, as Banks ploys sadly and perversely compromise essential resources, both financial, adminstrative and judicial.
This message was last edited by ads on 23/06/2018.