New ruling from a Magistrates' Court sentencing banks to refund deposits under the provisions of a generic guarantee

 Hi everybody,

over the last few months a did not have time to post here, but today is bank holiday so I would like to inform those purchasers who have already joined actions against banks (or are considering to do it) to claim for the refund of their deposits that the Magistrates' Court from Burgos has sentenced again a Spanish Bank to refund the deposit to a purchaser under the provisions of a generic guarantee and the 57/68 Act. The Court understands that the lack of delivery of an individual guarantee to the purchasers, the lack of payment of the deposit into an special account, or the "supposed" lack of knowledge of the purchase contract by the Bank, are not enforceable against the buyer, because those are developer's duties, whose breach can't affect the purchaser, as long as he/she fulfilled his/her contractual obligations.

Copy of the aforementioned sentence was posted on my blog a few months ago: http://gmlegalexperts.blogspot.com/.

Best Regards,

Guadalupe Sánchez

 Nice one Guadalupe, gathering momentum I think!

Hi Guadalupe

Does this mean this ruling from the Magistrate Court makes it Case Law for obtaining deposit back from the Bank under a Generic Bank Guarantee as we were never issued with an individual Bank Guarantee.

Margaret and Charlie

Is this not old news from back in May this year???

Hello to all,

As I see that many of you had problems with the deposits you gave to Herrada-San Jose, I must say that my lawyer in Spain won my case regarding the guarantees. As most of you, we didn't have any individual guarantees to our name, they were just general guarantees.

I know that every client has the same right as me so I asumme that you can recover this back too.
We won against the banks Banco Pastor, BBVA and SGR and they already paid our guarantees back.
I am really happy with the work done so if any of you looks for any legal assistance I can give you my lawyers email address or if you have questions you can write to me

caroline.mills36@yahoo.com

I hope that everyone can be so as lucky as me

Caroline

Valencia First Instance Court nº 15 has finally supported GM LEGAL EXPERTS arguments, ruling that the release and payment extension period just affects the developer, but don't apply to bank guarantees.

Further info on 

http://gmlegalexperts.blogspot.com.es/2013/03/gm-legal-experts-won-case-caso-ganado.html

Kind Regards,

Guadalupe Sánchez. Lawyer