FINCA PARCS ACTION GROUP - LAWSUIT 1
BANK ACTION AGAINST CAM BANK (now BANCO SABADELL) ACCORDING TO ITS OBLIGATIONS & LIABILITIES ACCORDING TO SPANISH LAW - LEY 57/1968
In June 2012 we won in the First Instance Court in Hellín against CAM Bank (now Sabadell).
In April 2013 the CAM Bank Appeal was rejected by the Albacete Provincial Appeal Court and the First Instance Sentence upheld in full.
In June 2013 the 47 group members in FPAG Lawsuit 1 received a refund of the principal amount of their off-plan deposit less a 10% retention.
This week, according to the Court Sentence, the 47 group members are receiving a final payment which includes a refund of the 10% retention, refund of Provision of Funds paid to the Lawyers and a refund of Interest that was awarded by the Judge at the legal rate from the filing of the Lawsuit (Feb 2011) until the date the bank paid to the Court.
So in summary each group member received a FULL REFUND OF THEIR OFF-PLAN DEPOSIT THAT WAS PAID TO THE CAM BANK ACCOUNTS OPENED BY THE DEVELOPER, CLEYTON GES S.L., A REFUND OF THE PROVISION OF FUNDS PAID TO THE LAWYERS IN 2010 PLUS INTEREST AS AWARDED IN THE COURT SENTENCE.
It should be remembered that no person in the group of 47 received a BANK GUARANTEE for their off-plan deposit.
It has taken a long time as I began gathering evidence and researching Spanish Law in 2007, worked on the Lawsuit throughout 2010 with Costaluz Lawyers & their litigator Jaime de Castro, filed the Lawsuit in February 2011, won in the First Instance Court in June 2012 and won in the Provincial Appeal Court in April 2013.
But, not a bad result considering the fact that in 2008 when I started the Finca Parcs Action Group I was told by most Spanish Lawyers that we would never win against the Bank because the banks had no responsibility according to Spanish Law, LEY 57/1968.
So finally the case of Finca Parcs Action Group Lawsuit 1 is completed and all group members have been refunded.
I have learnt that when dealing with the Spanish legal system, patience is needed and no outcome can be guaranteed. But finally in this case we won and all group members are happy with the final result and a full refund plus legal interest.
Thanks to María de Castro from Costaluz Lawyers for believing in me back in 2008 and suffering my 'dog with a bone' attitude over the past 6 years!! If she had brushed me aside back in 2008 like most Spanish Lawyers then probably this landmark victory would not have been possible.
Thanks also to Jaime de Castro with whom I worked so closely on the Lawsuit, Preliminary Hearing and Trial. He did a truly fantastic job for which we are all very grateful.
Thanks also to all the group members who were so patient over the past 5 years.
Cheers!
Keith
FINCA PARCS ACTION GROUP