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Legal tip 912. NEW! Law 57/68 and Huma: New Case Won by Costaluz
12 March 2013 @ 12:41
In Madrid, against Banco Popular.
Court Decission establishes that none of the following:
- Lack of mention of the word GUARANTEE in the purchase contract
- Lack of mention of special Bank account in purchase contract
- Lack of individual certificate of Bank Guarantee to the particular buyer
exempt Banco Popular ( who issued a Guarantee to Huma for off plan deposits according to Law 57/68) from refunding our client.
Court decission refers to inalienable rights of Law 57/68.
Client had to prove just payment into Bank account and existence of General Bank Guarantee by Banco Popular.
The right understansding is becoming commun. Success of Keith Rule action is spreading across the country
This message was last edited by mariadecastro on 12/03/2013.
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Hi Maria
I take it you have won a case against Huma/Banco Popular which is fantastic news.
I'm just a little confused by your message though
"Court Decission establishes that none of the following:
- Lack of mention of the word GUARANTEE in the purchase contract
- Lack of mention of special Bank account in purchase contract
- Lack of individual certificate of Bank Guarantee to the particular buyer
exempt Banco Popular ( who issued a Guarantee to Huma for off plan deposits according to Law 57/68) from refunding our client."
Does 'none of the following' mean that the 3 items were not in the contract.? My contract does state that a guarantee will be provided but it never was.
You say Banco Popular was exempt, does this mean they did everything correctly? - I used Banco Popular but didn't receive guarantee.
Was this case won in court or by an out of court settlement? How long did it take to get your client the money back?
Regards
Gazza
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Hi Maria,
I also had problems with understanding the post you so kindly made. I'm sure there are many of us who would like to think there is some hope of recovery when we had given up hope of that ever happening. After spending so much in legal fees and getting no where we need to be very certain that it would be worth spending even more to get our money returned to us rather than just winning yet another court case.
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Hi Jackb
It looks like some have one against the banks though. I am currently looking at going with White & Baos who are offering to take on Banco Popular on a no win no fee basis.
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They have asked for 75 Euros for courier costs etc and 370 Euros for the court fee. Other fees are due when you receive the money back and not just if you win the case.
This doesn't seem too excessive to me, I think it's worth pursuing as otherwise we have no chance of getting our money back
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Not quite the same old story, the case is against the bank not Huma and there are reports on the web that banks have paid out. I watched a spanish news clip interviewing a brit who won against the bank.
Don't get me wrong I'm still very sceptical but they have 71,000 Euros of mine so I think £400 is worth investing to get it back. If I do nothing I'll definately not get it back that is for sure.
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another £400.00 is nothing, but the lawyer will get 100s of £400.00 , the bank will have better lawyers and the government behind them, I will also pay the £400.00 and if anyone knows a Nigerian chief whitch-doctor who can put a spell on Huma, I will give him £400.00, the end result will be the same!!!.
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Hi started court proceedings against Huma over 5 years ago with costaluz lawyers won court case recieved nothing now costaluz want 7,260 euros to take it to supreme court , is anyone else with them? Have you received the same email. Am I just wasteing more money?
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Hi,
Does this mean to take the case against Huma to supreme court or are they suggesting a case against the bank?
Costaluz appear now to be going for the banks even without a bank guarantee. It sadly seems most unlikely that anyone will get any money from Huma now. It's just so difficult to know whether to spend out even more money or not.
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