Refunds from Banks even when no Bank Guarantee was issued

 Legal tip 636. Great for Burgos and Valencia on the defence of buyers against Banks in off plan purchases 

If you bought a property off plan in Almanzora Country Club from Huma Mediterraneo, S.L. and you did not receive an individual certificate of Bank Guarantee, you might be interested on this:

 

Together with last one by Murcia, new Case Law ones coming out by Burgos and Valencia deffending the obligation of Banks to refund, in cases where individual certificates of Bank Guarantees were not handed to buyers.

 

In essence the protective character of this wise Law dated 1968 plays the big role in favour of buyers who advanced good amounts of money for something that initially is just an architect plan.

 

Law 57/68 made Banks guardians of buyers amounts, in what it is a very correct approach with a great sense of balance of markets and limits to the strong parties.

 

If you are interested on information about this action, please email us to web@costaluzlawyers.es

 

We keep going ahead!

"Grazalema", Cádiz, Spain, by Werkmens, at flickr.com

all of the deposits we made to huma for acc, had IVA (spanish VAT)  added to them,   as we never got the purchases, should we get the IVA part of the deposit back direct from the IVA/vat department,    or if huma kept the IVA money and stole that to,  would not the IVA prossicute huma, the VAT in UK would?????.

jackb

I like your thinking. First time I've heard of this. So would the Spanish gov pay us back the VAT ? or would Huma have to pay us back ? What was the %, do you know ?

I think IVA was 8% at the time.

John

yes john is correct  IVA was 8% of every desosit paid to huma,  how many millions was made in deposits including the IVA?. the spanish goverment owe us the refund,  or if HUMA charged us the 8% IVA and stole it,  why have they not been prosicuted for stealing IVA taxes.

Has anyone else had a private e mail from Lexland Abogados saying that they will act for ACC buyers, on a no win no fee basis, to claim monies back please, and if so what are your views? The e mail came via EOS?? Thanks - Tez and Lin

Hi Tez and Lin, we had an email yesterday from them and I just thought it strange that it came as an email from eos and not a private message - very odd!  We have had a couple of private messages from companies in the past that seem to be touting for business but not as an email.  Anyway - not sure what to think on this we haven't contacted them yet for details although I do feel it's worth trying every avenue because we are getting nowhere through our Solicitor.  Just something sounding too good to be true is holding me back.  Anyone else had the same thing?

Yea, I had one couple of days ago, like you not sure what to make of it, lost too much money already. Dont think anyone will do much until we hear people have had monies returned. Winning a case seems to be one thing, but actually getting your money back is something else. So I suppose they could win your case, at which point you own them money. But you may still not get anything back.

 

We had one via EOS.  Not sure what to do.  Our solicitor seems to have stalled.  He was very positive six months ago when we handed him our bank guarantees.  His reply to our email was ' it takes time'.   They all took our money pretty damm quick!!  Like others, we don't want to lose any more to the Spanish. 

Even during this current banking crisis in Spain it should not take 6 months to execute a bank guarantee, the last one I executed  for another development took 2 months and I was paid interest @ 6%[ Bankcaja]-legal costs 1000 €

Chase up your lawyer or get another one!

But why have you waited so long to execute it?  

Bank guarantees were not being honoured. Ours are copies. We went to Spain last May and discussed at length how he would proceed. Reckoned that although copies the bank would have originals and not too much delay in a result!!! We were refunded the last payment we made because we had the original BG (2008). I made contact with Andersons in 2009 because all progress stopped, but was assured by current Abogados that they would get our money back - 2 payments + deposit. After our May visit all was hopeful again - should have known better.

A call to Spain this morning and we realise they are lying about what is happening. Seems they are not pushing anything. I have called Lexland and am waiting for return call - not holding my breath!!!

Can anyone recommend a good solicitor who really cares about the thousands of pounds owed to us poor Brits and delivers results.
So much misery has been caused by this fiasco it just needs to be over.

Try Codice Abogados Urbanismo -Alex Guzman Tel 950 39 35 42...ask for Linda

They are based in  C/Juan Anglada No 6 1 -7A Vera 04620 Almeria

e mail is alexguzman@codiceabogados.es

a small firm and like all Spanish [& UK] lawyers a bit slow but if you have a BG they will be able to deal with it quickly-as always with lawyers you will have to pay some fees up front

just a suggestion, ask them for a quote

But just one point, it is always best to deal with this firm and others face to face to start with so make an appointment and take all your paper work with you . dealing with these matters only by telephone or internet is not easy

 

Thanks for that. All our paperwork is with Fusters so would have to sort that out. Would also have to give them POA - more bloody hassle!!! On top of that Easyjet prices are crap. Oh why did we ever think it was a good idea to invest in Spain!!!!

Seriously, I will make the call and see if there is any hope. I have always kept an eye on the forums and any info. Active participation seems the way forward. Now I have to go to work to pay the mortgage for a dream :-(

Thanks will report any progress

Sally