Legal tip 277. Low cost action against Banks. Manifesto by Costaluzlawyers

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17 Aug 2010 12:00 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 forum posts Send private message

mariadecastro´s avatar

 

This message is brought to you by Costa Luz Lawyers in association with Eye on Spain

 Because we see this is what is needed in the most of the cases were people bought off plan and did not receive a Bank Guarantee,

 

 

Because claimers are frustrated and tired of waiting for years for actually receiving the refund of their money after a Court Decission being won in Courts, due to poor financial status of developers now,

 

 

 

 

 Because it is a great tool to try to put some correction to the financial system in off plan purchases for the protection of buyers so we can be sure these current problems will not happen again in our country,

 

 

 

 

Because we need to show to foreigners that Spain has a strong and coherent legal system,

 

 

 

 

 Because we can offer low cost action to groups of people under the rules of our professional ethical code,

 

 

 

 

 Because Banks lack of control of Guarantees on deposits by individual people of off-plan purchases have been the necessary element without which the current off-plan disaster in Spain would have never happened,

 

 

 

 

 Because Law 57/68 makes them clearly liable for the lack of Bank Guarantees,

 

 

 

 

 Because we have been studying this action for months with the help of a first class Law Professor who is available to answer questions in Court regarding the report he produced for us,

 

 

 

 

 Because it is necessary, mainly because you need it

 

 

 

 

 We are offering to all the EOS members the possibility of joining existing actions against Banks under provision 1.2 of Law 57/68 at a much reduced cost.

 

 

 

 

Main ground of Law 57/68 is the protection of money advanced by individuals before construction work begins or during it, in many cases the savings of a lifetime.

 

 

 

 

The actual preamble or “exposición de motivos” of the said Law establishes that all the "abuses in this type of businesses have made as necessary the establishment of general preventive rules which will guarantee both the real and effective application of money advanced by purchasers and prospective customers to the building of the house and to the refund in the event that the building does not take effect".

 

 

 

 

The most preventive, general, inalienable obligation that this Law established was for banks or savings banks, where money was paid to by buyers, to secure the establishment of Bank Guarantees or insurances policies, UNDER THEIR LIABILITY. Banks were therefore here established as guardians of Law 57/68 with express obligations of:

 

 

 

 

1)    Place those deposits in special accounts

 

2)    Control the destination of funds to building works

3)    Verify on the existence of the Guarantees required by Law 57/68

 

 

Please contact us here: web@costaluzlawyers.es if you want further information about this.

 

 

Have a great week,

Maria L. de Castro

 

The port of Tarifa (Cadiz)", by Luis Lopez-Cortijo

 

 

 

 

 

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria


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17 Aug 2010 1:31 PM by colettel Star rating in belfast soon to be p.... 23 forum posts Send private message

How much will this cost if we were to proceed, we have lost all heart in the spanish system and to be honest have been left with nothing, we moved over in aug08 we had to rent as we were told it would be ready in the nov but it was'nt the kids got upset our stuff was in storage in belfast, when we signed the contract for the deposit which was £56,000 we were told the completion would be in dec07, we have lost a hell of alot and to be honest dont know if we can afford to pay out anymore, we had to come home and its only now we are stated to get bk to normal. We be glad off any advice you can give us as we are lost now.

 

yours Mrs C Lowry



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 hello first time here we are planning to move to la mirada 2 very ...


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17 Aug 2010 3:31 PM by louth Star rating. 9 forum posts Send private message

Hi Maria,

We will email you to see if you can help. We are in a similar position, should have completed Dec 2007, but not ready until Jan 2009. We have taken this to court, but judged deemed us to be investers ( which we are not) and as such we are not protected by consumer law, therefore Bank Gaurentee does not apply! We are at a loss, we cant afford to lose an appeal, but can't afford to procced with completion either. Help.

Huw and Diane




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