La Caixa is very likely to cover deposits paid by buyers to Tranpolin under the provisions of a Generic Guarantee

 Hi everybody,

We would like to inform you that we are preparing a claim against La Caixa because they signed with Trampolin a Generic Guarantee (a commitment to provide individual guarantees for buyers), so any buyer of Trampolin is entitled to claim his deposit plus legal interests to La Caixa.

We have a copy of the above generic guarantee, and several certificates from La Caixa about this particular matter. 

Please note that the guarantee covers every deposit paid to Trampolin shown on purchase contract, no matter where the transfer was made (La Caixa 280 ending special account, La Caixa 630 ending current account, or CAJAMAR), because individual guarantees were given by la Caixa to purchasers who transferred the deposit into a different account than the special (280): into the current account (630), or even to CAJAMAR. Some buyers whose deposits were transferred into the special account (280) did not get in fact a guarantee.

Therefore La Caixa 's liability can be claimed, under the provisions of the law 57/68.

The above claim is a low cost class action, and there are almost 40 purchasers (and about 70 properties) who already join it.

The case is grounded on several previous precendents, in which the Courts have sentenced Banks to refund deposits to purchasers who didn't have a bank guarantee, even when the money was not paid into the special account, or paid to a different Bank than the one who signed the Generic Guarantee.

Should you require further information, please do not hesitate to contact me.

Best Regards,

Guadalupe Sánchez. Lawyer

GMLEGALEXPERTS

Hello Guadalupe

I paid my deposits into a TH account with Cajamar are my deposits covered also or just deposits paid into La Caixa.

 Dear Strawberryblonde:

I have emailed you the answer.

Regards,

Guadalupe

 Hi,

As many of you have email me with questions about the grounds of the case, I am going to use this post to answer.

Every buyer who paid a deposit to Trampolin, as long as it is shown on contract and hold a receipt or bank confirmation, is entitled to claim it to La Caixa under the provisions of the generic guarantee, even if it wasn't paid into La Caixa special account or to another Bank. There are several Magistrate's court sentences which rule that a generic guarantee covers the deposit paid by every purchaser, no matter where it was paid, because it is not the buyer's duty to make sure that his deposit is credited into an special account. That is a developers' obligation, and the Bank who signed with the builder the generic guarantee must control the funds paid to the builder by the buyers and make sure the builder provides a guarantee to all of them.

In this particular case, La Caixa can't excuse their liability alleging that they weren't aware that money paid into the 632 account or into CAJAMAR account came from buyers of the development, because they provided individual guarantees to purchasers whose deposit was paid in the 632 account or into CAJAMAR account. So la Caixa is liable pursuant to the doctrine of estoppel and under the provision of the Law 57/68.

Best Regards,

Guadalupe Sánchez

GMLEGALEXPERTS

Hi Guadalupe ... My attention has been drawn to your post by another "forum member" and I read this with interest; however, since my problem is specific to Trampolin Solera and NOT Trampolin Hills will this still apply ... the monies WERE paid to La Caxia in Roldan. You may recall you and I have spoken a while ago on the telephone. Kind regards  Andrew Wilford

 Hi Andrew,

I do remember you. Where did you purchase? In albudeite? are you aware if another buyer for the same development you bought in hat got an individual guarantee? 

 Is there any mention on the contract to bank guarantees?

Best Regards,

Guadalupe Sánchez

GMLEGALEXPERTS

This message was last edited by Guadalupe. Lawyer on 13/05/2011.

Hi again

Thanks for your prompt reply ... I purchased the proeprty from Solera's offices at Valle de Sol Mucia with the development being "El Trampolin" about 1km away.The contract DOES NOT mention guarantees unfortunately! Kind regards Andrew

To all those who like myself do not fully understand the concept of "Generic Bank Guarantees" ... and all those who have contacted me privately on the subject ... whilst the terminology "Generic" guarantee is absolutely correct in "legal speak" us mere mortals should perhaps translate this as "General" as opposed to "Specific". I do not intend to even try and explain it put instead take a look at the following site ... http://belegal.com/articles/showArticle/spanish-bank-guarantees. Then take a look at GM Legal experts own web site ... http://www.gmlegalexperts.com/Default.asp?idioma=en ... then to litigations and scroll to the bottom and click on "most recent cases". CAM Bank are the issuer ... if that is the correct word ... for the "Generic Guarantees" for the Trampolin Hills Project.

I thought the generic BG was issued by La Caixa Andrew not Cam

Hi ... Look, I am NOT the expert on this one ... you need a Lawyer to advise and from my conversation with Guadalupe that would be her. I got the feeling that the "Generic" guarantees for the "Hills" project were with CAM and for the Solera one with La Caxia or Cajamar. The point I was trying to make is that these are required by Spanish Law to be given by any "Off-Plan" Developer in Spain and the bank to whom the deposits were given ... whichever one that is ... is the one liable to repay the money. This area of the Law is way outside my experience and until I saw Guadalupe's post ... correction ... UNTIL IT WAS BROUGHT TO MY ATTENTION IN A PRIVATE MESSAGE ... I did not know this.Looking back at Guadalipe's original "post" (which I just have) she is clearly talking about La Caxia and Cajamarr and so you are probably correct. Andrew Wilford

Hi Andrew, Guadalupe is representing me amongst others in a case against La Caixa even though my previous lawyer paid the 1st payment into a Cajamar account and instructed me to pay the 2nd and 3rd payment into the same account. It seems strange to me that i can claim against La Caixa when the money was not paid into their account and would not have known that i paid my deposits into the Cajamar account. I would have thought there would have been a stronger case against my previous lawyer but i what do i know, Guadaluope & GM legal are the experts. If there was a generic BG with Cajamar i could understand this course of action but it appears there is not unfortunately.

Wow ... I thought I was the only one who had "Sleepless nights" over this ... two of us up at "silly o'clock" in the morning writing about Trampolin!!!!!!!!!! Seriously though I only know what I have read here and am very much wiser having spoken to Guadalupe ... I UNDERSTAND what she is saying but could I explain the theory to anyone else .... NO! Like you I have to simply take her advice and do as she says. I have been ... and still am ... pursuing a "Criminal Querella" against Aguilera as the Legal Director of Solera which ... unless he rectifies the situation ... will end up in him going to Prison. This is a "new" (to me at any rate) possibility and quite frankly I don't care which bank has to pay! All I can advise anyone to do is to appoint Guadalupe to explore this avenu ... I most certainly have! Andrew Wilford

For those of you who have been following this thread ... and the ridiculous hour in the morning to which I have been responding ... I do not feel that I am qualified enough to comment further on this subject. Having been contacted privately by PFF001 and seen Guadalupe's excellent synopsis which I now fully understand I would urge you to contact her directly and "join" in this class action. It does not specifically ... well in this instance at any rate ... apply to me since my action is both (a) against Solera and (b) Criminally based against Rafael Aguilera.

I would suggest that neither PFF001 or myself are "legally" allowed to publish Guadalupe's report here so I must urge you top communicate with her directly. Kind regards and good luck to you all ... Andrew Wilford

 Hi everyone:

I would like to inform everybody that we have got copies of several relevant documents from La Caixa. This documents confirm the total number of individual bank guarantees made, amounts covered, property details, and buyers' name..... Many of them were not piad to buyers at the end of 2009, because many buyers weren't aware that an individual bank guarantee was made in their names. We can't post the name of the purchasers for obvious reasons, so we are just going to post the property reference. Should you have bought one of this properties, and you weren't aware about your deposit being covered with a bank guarantee, please contact us. We will give you the copy of your individual bank guarantee for free and without commitment.

parc 42 modelo Sevilla

bloq 07c plta baja Zahara

bloq 21c esc 3 plta 2 Granada

bloq 21c esc 3 plta baja Granada

bloq 21c esc 2 plta 2 Granada

bloq 6c esc 3 plta 1 Zahara

bloq 6c esc 2 plta 1 Zahara

bloq 5c esc 1 plta 1 Zahara

bloq 11c esc 3 plta 1 Granada

bloq 11c esc 3 plta 1 Zahara

bloq 11c esc 3 plta 2 Granada

bloq 21c esc 3 plta 1 Zahara

bloq 20 c esc 2 plta 2 Granada

parcela 157 Sevilla

parcela 155 Sevilla

parcela 175 Sevilla

bloq 14 esc 1 atico

bloq 14 esc 4 atico

bloq 14 esc 3 atico

parcela 152 Triana

parcela 16 Triana

parcela 41 Triana

parcela 6 Triana

parcela 159 Sevilla

parcela 023 Triana

parcela 160 Triana

parcela 5 Alhambra

parcela 158 Triana

parcela 156 Triana

parcela 32 Triana

parcela 19 Triana

Regards,

New ruling from a Spanish Magistrates' Court sentencing Banks to provide to the purchaser an Individual Bank Guarantee under the provisions of a Generic Guarantee. Details of the sentence as follow:

Court: Audiencia Provincial de Burgos

Recurso 75/2011

Resolucion 141/2011

Date: 3 May 2011

Hi,

I am new to this website and I would like to ask about the post dated 9th June 2011 at 14.38 where it says Guadalupe lawyer.  He is saying that he would give us a copy of individual guarantees for free.  Does anybody know if there are bank guarantees for deposits paid to some properties called Macarena which also did not deliver.  Any help about this would be much appreciated. 

Many thanks

Hi Bebop,

I think you missunderstood my post. As explained on the post, I got copies of some guarantees made by LA CAIXA for several Trampolin owners. The beneficiaries are not clients of mine, I don't know them so I can't contact them. So I posted the list of properties whose guarantees copies I am holding, and if any of the forum members knows the purchaser of one of those properties, he just has to contact me and I will give him the guarantee for free,with no commitment with our Firm at all.

Guadalupe

Hi Bepop ... just to add to what Guadlupe has said  ... you would be well advised to make contact with her and her company GM Lawyers since she really does seem to have a "handle" on this situation and the entire question of Ley57/68 ... she will give you an extremely detailed explanation ... maybe TOO DETAILED for mere mortals like you and I ... of your entitlement. I intend to go and see here when I am next in Spain in a few weeks time! Regards Andrew