A recent sentence opens the door for buyers to claim liability to Banks

Dear Guadalupe

I have read your posting with interest.  I am pleased that after many years Lawyers are now beginning to understand the liability of the Banks according to LEY 57/68 Article 1.2

We are currently taking a similar action against CAM Bank on a different development in relation to the banks liability under LEY 57/68 Article 1.2

You mention in your posting about a recent sentence for a different case regarding the bank accepting off-plan deposit funds into a Cuenta Especial and the banks failure to demand the issuing of the Bank Guarantee in accordance with LEY 57/68 Article 1.2

Please can you give details about that sentence.  In which court was the sentence given, which Bank or Savings Bank was declared liable and for which development was it?

Kind regards

Keith
FINCA PARCS ACTION GROUP

www.fincaparcsactiongroup.com

fpag@btinternet.com

it is all bollocks they just want more of your hard earned to keep the gravy train running

HI disillusioned - Are you not going down the leagl route then ? Are you just writing your monies paid off ?

I am not throwing good money after bad-- simple

I am not throwing good money after bad-- simple

Dear GM,

I have spoken to my Lawyer and there seems to be a couple of things that dont add up. According to my Lawyer it is impossible to claim the same debt at the same time, twice. Is that the case? As my credit has now been placed in the court for bankrupcy, how can you claim to the bank for that money again?

Secondly, according to my Lawyer, the judge that takes care of the bankrupcy is a universal judge. I understand that this means that if I take the bank to court its the same judge that is acting for me on the bankrupcy. Therefore the Court will not accept additional cases against the bank whilst the bankrupcy claims are in place.

Before I look at taking this extra case with you, could you please make clear on these points?

thanks

phillip

 Dear Philip,

I regret to say that your lawyer is wrong. The laibility of the building company and the liability of the Bank are based on different legal fundamentals. You can claim to both, and if you get the money paid from any of them, you just give up the other claim. Furthermore, the judge who deal with the bankrupcy is universal but just for the claims filed against the developer, and our claim just goes against the Bank.

PD: sorry for the delay in replaying, but the forum did not report me your answer.

Regards

Guadalupe Sánchez. Lawyer