JUDGEMENT OF THE APPEAL COURT OF ALICANTE BECOMES "RES IUDICATA" AFTER BBVAs FAILURE TO APPEAR BEFORE SUPREME COURT - BBVA LIABLE BEFORE BUYERS AT RESIDENCIAL SANTA ANA DEL MONTE IN JUMILLA

Expatica - Health
Post reply   Start new thread
New - Old :: Old - New

Pages: 1 |

Residencial Santa Ana del Monte forum threads
The Comments
03 Sep 2015 5:03 PM by LucasAsociados Star rating in Almeria. 124 forum posts Send private message

On 25th march 2015, the 5th Section of the Alicante Appeal Court issued a ruling dismissing the appeal placed by BBVA against the First Instance Ruling estimating our lawsuit.

BBVA placed an appeal in cassation before the Supreme Court that has been rejected due to the failure of BBVA to appear before the Supreme Court.

So, the ruling issued by the Appeal Court (confirming the First Instance judgment) gains "res iudicata" force, which means that is definitive, and so on the First Instance ruling.

The final paragraphs of the First Instance judgment, issued by First Instance Court number 4 of Alicante on 25th november 2014 stated that BBVA should refund the off-plan deposits amounts paid in advance by our client, plus 6% interests since the payments were done to Herrada del Tollo and legal costs.

This means BBVA has to pay off-plan deposits, 6% yearly interests and legal costs both for First Instance and Appeal.

We must highlight, from the atatements made by the Appeal Court the following: 

"even if the promoter fails to deliver BGs to the buyers, they have right to be under the guarantee as stated by Law 57/1968, and the success of the claim can't be affected by the absence of a direct contractual link before buyers and bank, as buyers are protected by the BGs just by signing a contract with the promoter and making the payments, and defaults between the promoter and the bank cannot be attributed to the buyers"

From the First Intance Court statements we must highlight the following:

"[...] defendant BBVA must respond for not respecting and fulfiling accurately the mandatory statements of Law 57/1968, and should have guaranteed strict controls on the payments done in the special account and the aim of those payments"  

 



_______________________
E. Lucas Read my blog http://www.eyeonspain.com/blogs/lucasasociados.aspx


Like 0

Spam post or Abuse? Please let us know

Pages: 1 |
Post reply   Start new thread


Previous Threads

SANTA ANA DEL MONTE: NEW JUDGEMENT SENTENCES BBVA AND SGR TO REFUND DEPOSITS - 2 posts
Buying off-plan comes more risky. Law 20/2015 abolishes Law 57/1968 and modifies Law 38/999 - 3 posts
ALBATERA GOLF (SAN JOSE INVERSIONES): BBVA TO REFUND DEPOSITS TO BUYERS WITH NO BANK GUARANTEE - 0 posts
Fees and expenses questions - 4 posts
NEW! HERRADA DEL TOLLO S.L. - BANK ACTION WON IN PROVINCIAL APPEAL COURT AGAINST SGR & BBVA FOR BUYERS AT RESIDENCIAL SANTA ANA DEL MONTE IN JUMILLA - 10 posts
Arribba homes - 0 posts
Mr Edward Kayan - 2 posts
Case Won Against BBVA - 29 posts
RULING OF TTHE PLENARY OF THE FIRST CHAMBER OF THE SPANISH SUPREME COURT DATED 13TH JANUARY 2015 - 2 posts
NEW WON CASE - REFERENCES TO THE LATEST RULINGS OF THE SUPREME COURT (DATED 13/1/15 AND 30/4/15) - 0 posts
Advice for newbie re. suing bank - 17 posts
Deposit Returned !! - 5 posts
9th June Court Date - 0 posts
REMINDER: GUADALUPE MEETINGS IN LONDON - 0 posts
HDT deposit interests - 50 posts
Reassurance required on lawyers - 2 posts
Supreme Court states buyers' right to guarantee under policy even if monies were not paid into special account - 0 posts
TV Opportunity - 0 posts
GM LEGAL EXPERTS NEXT MEETINGS IN UK: MARCH/APRIL - 0 posts
Preliminary Hearing Success - 10 posts
First hearing - 7 posts
Reminder - Seminar 9th December 2014 - 0 posts
Santa Ana del Monte: Good news as Orihuela/Alicante judges apply law 57/6o very correctly! - 0 posts
Good News For Herrada del Tollo Creditors - 0 posts
HDT Deposits Interest Amounts ? - 14 posts

1 posts were found:


1 |
Our Weekly Email Digest
Name:
Email:


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x