SGR APPEAL REJECTED. BANK MUST REFUND TO A PURCHASER OF SANTA ANA DEL MONTE WHO DID NOT HOLD AN INDIVIDUAL BANK GUARANTEE THE DEPOSIT PLUS LEGAL INTEREST UNDER THE PROVISIONS OF A GENERIC GUARANTEE

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Residencial Santa Ana del Monte forum threads
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22 Feb 2012 12:00 AM by Guadalupe. Lawyer Star rating. 261 forum posts Send private message

EOS Supporter

Today there are excellent news for the Santa Ana purchasers' who are looking for the refund of their deposits through actions against the Banks under the provisions of the generic guarantee and the 57/68 Act.

 


 

The Magistrate's Court from Alicante has rejected the appeal filed by the SGR against a sentence from the First Instance Court nº 6 from Alicante, and has confirmed that the lack of an individual bank guarantee doesn't prevent the purchaser to get the deposit back from the bank under the provisions of the generic guarantee. So SGR has been sentenced to refund the deposit, plus legal interest and the defense cost for the whole procedure. This sentence is not definitive yet, because it can be appeal at the High Court (Tribunal Supremo) by SGR, but it is a big, huge step for the claims already filed against the Banks.




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22 Feb 2012 2:23 PM by wakemans Star rating. 56 forum posts Send private message

What GREAT news.

It is looking likely that we will soon be joined in the refund club.

Keep pushing everyone, we are slowly getting results.

If you still want your house we wish you good luck as well.

chris & julie




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22 Feb 2012 3:20 PM by Keith110 Star rating in the UK and I am lead.... 681 forum posts Send private message

Fantastic news Guadalupe.

Keep up the great work!!

Kind regards

Keith



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LEY 57/1968
CLICK HERE FOR THE BANK GUARANTEES IN SPAIN WEBSITE

       
      

fpag@btinternet.com



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23 Feb 2012 4:29 PM by Chrissie1 Star rating in UK. 384 forum posts Send private message

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Congratulations, several small steps are slowly turning into giant leaps.

Good luck everyone and well done Guadalupe

Chrissie1



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Chrissie   


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27 Feb 2012 2:03 PM by shents Star rating in NO JUMILLA FOR US YI.... 53 forum posts Send private message

great news keeping my fingers and toes crossed.well done guadalupe and all of your staff.

john



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come on you arsenal john&christine



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25 Mar 2012 6:19 PM by mikesmith11 Star rating in Market Weighton, nea.... 9 forum posts Send private message

 Hi

I had given up all hope...I had even stopped looking at this site as all it did was depress me; most of all the constant bickering between those that wanted to continue and those that did not began to disappoint and frustrate me. My wife and I were one of the first to sign up for the dream that turned into a complete nightmare. This has been made more annoying as without the return of our deposit we have been unable to pursue another alternative, and there have been some real bargains out there!

Anyway moving on now whilst it appears nothing can be taken for granted, and I am certainly not getting too excited at the moment, but do I need to be doing anything? Please dont say make contact with your solicitor because they are worse than the builder with regard to promises made; they are as good as each other at taking your money mind...oh no there I go again!!! Will stop now...any advice would be greatly appreciated as what I could do next.

Thanks and regards

Mike Smith



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Mike  


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26 Mar 2012 11:08 AM by Glendale Star rating. 74 forum posts Send private message

Dear Mike

There are a few of us who are going down the route of the bank guarantee claim with GM legal experts but obviously at a cost, as for getting the 65% back from San Jose, who knows! We did have an update from our UK lawyers who put us onto the creditors list saying there is still not much progress and as far as they are aware the company is still waiting for planning permission and builders permits.

In the end what ever you do down the legal route will cost you money unfortunately, even though none of us have done anything wrong but used a few useless solicitors who gave poor legal advise

KInd Regards

Mark




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10 May 2012 5:47 PM by trowell1 Star rating. 150 forum posts Send private message

Hi All

I am one of a dozen or so claiming cash against the banks using a generic BG.

I met with Guadalupe in Spain last week to discuss what was happening.

Things are going very well and when we go back to court in Sept, we will have a much clearer idea of when we get our cash back.

However ,Guadalupe said best case scenario is cash back Jan 13, worst case is June 13.

It was great to meet Guadalupe and filled me with confidence of a relatively speedy and successful outcome.

This is in comparison to what San Jose and their croonies have done, which has been nothing apart from fix a vote and then not act accordingly after that!!!!!!

DO NOT WAIT FOR YOUR HOUSE, GET YOUR MONEY BACK




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19 Dec 2012 4:13 PM by carolinemills Star rating. 27 forum posts Send private message

Hi 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 as lucky as me
Caroline
 




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Previous Threads

Class action claim accepted for consideration - 2 posts
Refund of deposit without a bank guarantee using Costaluz. - 20 posts
Any News? - 3 posts
Happy New Year to You All - 2 posts
Deadline to join the class action against the Banks for the Santa Ana del Monte deposit - 0 posts
BBVA'S Generic Guarantee for Santa Ana del Monte finally released - 0 posts
New ruling from a Magistrates' Court sentencing banks to refund deposits under the provisions of a generic guarantee - 6 posts
SARC Sept _ October report - 16 posts
Action against the banks - 2 posts
New offer from San Jose - 8 posts
SARC......website???/ - 7 posts
All Quiet on The SanJose front.. - 20 posts
San Jose's Latest Construction - 7 posts
SARC May update on SARC website news letter page - 2 posts
Communication from HdT on 11.5.11 - 1 posts
New details of the Generic Bank Guarantee for Santa Ana' buyers released - 0 posts
Information about the SGR's generic guarantee - 0 posts
More good news for HDT buyers: there is another generic guarantee signed with Banco Pastor - 0 posts
Tony and SARCs views on recent thread?? - 18 posts
Confirmed: Buyers deposits for Herrada del Tollo, San Jose covered by generic guarantee policy - 110 posts
Legal interest is covered by bank guarantee. Buyers can still claim to SGR - 4 posts
Renting Your Property - The Legal Aspects - 0 posts
Plan B - 20 posts
Inside trading laws - 3 posts
Questions but no answers - 19 posts

9 posts were found:


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