HUMA ACC. GET DEPOSITS BACK WIHTOUT BANK GUARANTEE. NEW SUCCESS

Again we want to share with you another successful claim regarding deposits paid and money paid in advance, that buyers had lost in buying off plan properties in Spain.

Again it was married couple affected in the development known as Almanzora Country Club developed by the company Huma Mediterraneo SL, which is currently in an insolvency process.

In this case, Mr. and Mrs. L, British nationals, lost € 80,250 that was paid to the said developer to account HUMA had a Spanish bank. Unfortunately no guarantee for the money paid was given to my client, and neither the developer nor the bank accept repayment of  the money lost.

From White Baos, we initiated a legal claim against the bank, claiming for the deposit paid by our clients, plus interest (which in these cases can reach a very high amount, almost half of the amount paid) and the legal costs, etc.

So, again, the Court Number  4 of the town of Totana, in Murcia, in its judgment 41 of 2016, declared as stated in our claim, than according to the law 57/68 and majority jurisprudence, and especially the recent court precedents from the Supreme Court of Spain, as the judgment of the First Section of this Supreme Court dated on the 21th of December 2015, that the bank's responsibility is evident, since this entity had not only opened in the name of the developer the special bank account where customers paid the deposits and their payments on account of the final prices, and therefore the bank must check that the money paid by buyers was guaranteed by the developer through a bank guarantee or an insurance policy, but also, this bank approved a general bank guarantee line for this development.

The court thus, agreed fully with the claim and ordered the bank to refund the amount claimed by buyers, plus interest and costs, even if our customers had not been given either by the bank or by the promoter, any individual guarantee for paid by them.

Also in this case, the bank has not appealed the court decision, which is now definitive, and the principal of the claim has been already paid back by the bank, leaving only pending that the court states the exact interests and costs that the bank must pay also to our clients.

We invite to all those affected in this development, or who have lost the money paid buying a property off plan, to contact us to check if they have a grounds to claim. Contact us and we will help you.

Carlos Baos (Lawyer)

WHITE BAOS LAWYERS

Congratulations to all concerned.  At last the results of cases heard in April are starting to come through.  Our case against Banco Popular was also heard in Totana on 12th April so here's hoping!

We have had monies owing to us from ACC paid into our UK bank account last week.

The lawer who have made a successful claim for us was Pilar Alonso. Many thanks to her as we thought would never see that money again. 

Was this a result of a legal action/ court case and if so when was the Court decision. Also did you receive costs and interest? 

Well we are gutted,waited a year for a court date to be told by the judge we need to apear in court to ask us questions. Our 35k and we have to justify it. We are not happy, totally wrong. it wouldn't be so bad but we have to wait until June,after getting so excited and waiting for this court date,just to be knocked back. Anyone else had this ?

Sorry but fuming 

Trudge, that is shocking, it does nothing to help restore any faith in the Spanish legal system, I'm sure you'll get your money returned eventually but it is a disgrace that the judge is allowing this to drag on so long. best of luck.

Hi, our case was heard in Feb this year and then we were asked to appear in court in May. Just a week before the case we were told that our presence wasn't necessary so more money wasted on flights etc. Our solicitor was positive with the case and we were told to expect to wait up to 5months for a decision - we are still waiting. It makes my blood boil, surely it is simple now with the 57/68 ruling. Good luck everyone.

Come on Spain, Come on Courts, Banks (like Banco Popular) this is doing you no good whatsoever holding onto people's money and making it difficult for them to get refunds. Deal with it quickly and then you can better spend your time on other things that make you money.. It is giving you very bad European press coverage (especially Banks) (and has done for 12 years). It has added to your already crippled property market and mistrust of all things concerned with the buying in Spain.

Do the right thing, get it resolved quickly and move on. Pay back ALL the refunds NOW, stop the stalling and then growth can begin in your business.

Philmel, the damage has been done, Spanish property market wont recover for years due to the banks, governemnt and legal system, all of which are corrupt, incompetant or crooks. I'll never buy in Spain, the experience has been a nightmare, good riddance to them all!!!!

Does anybody know how you can find out what is happening with your court case. Sick of waiting!!!!!

Our court case was won 5 YEARS ago, but we still have not recived a cent !!!   Huma stole all the deposits then went bust, left the minimum in banks wich the liquidator took,   the banks should not by law have let Huma withdraw our deposits and hide in South America wich they did,   Huma only got a small fine and suspended sentance laughable,  the banks dont want to to us back so appeal at every step,   we keep paying solicitors to fight the appeals and loose even more money, I was conned out of 38.000 by Huma/Banks and a futher 11.000 to various usless solicitors, even the government conned me I paid I.V.A.(V.A.T.)  of 7.000 wich they wont refund unless.....you guessed it, I pay a solisitor to take them to court!!!! ,  its the con trick of all time.

Hi jackb

Where did you hear / get that info from that Huma withdrew deposits from the bank ?

Our lawyer has proven (with records) that the bank (Banco Popular) had in their account peoples deposits paid in by Huma and regardless of Huma withdrawing anything the EU law still states that the Bank is liable to payback that deposit and was liable to protect the funds for those monies. Also, ordered to put aside €x for refunds.Some Banks are seeing sense and refunding abeit slowly. Banco Popular decided not to anser our lawyers initlal refund request so they are going to take it a step further or warn the bank as such.

This is foolish business by the SPANISH Banks and the sooner they realise it the better, But it goes to show they don't want business in the property market....

hi phil      our first lawer had records that showed Huma transfered the buyers deposits to other banks and accounts, by law they should not have been allowed to do this,   the deposits sholud have had  insurance in case somthing went wrong ( wich it did) .          the deposits should have been used to build the homes, in my case the deposit would have been enough to build the house, then the balance would have been the builders profit,    but why bother building anything if you can steal the deposits????