New Success against the bank of Tercia Real ( Urfesan) Money back to our client without bank guarantee

Dear all,

We would like to confirm you that

The first instance court number 5 of San Javier ( Murcia), in its judgment 90/17, of July  10 2017, asked that Bank P to pay back the money lost by our clients, Mr. L and Ms M, represented by White Baos Lawyers in the court case, in their purchase of an off-plan property in the urbanisation, TERCIA REAL, developed by Proyectos y Desarrollos Urfesan SL, which was never handed over to them.

On the court decision, the court understood that it has been proven that the complex and the property purchased by our clients off-plan was never completed, nor was it handed over to our clients, the  buyers, who were also consumers.

Also, as stated in our claim, the judge has understood that despite the regulatory change that took place in 2016, the Law 57/1968 is applicable to the purchases off plan which took place prior to 1/1/2016, because the law changed has no retroactive effects.

In addition, it was proven that the defendant and convicted bank had a general bank guarantee line with the developer, for a total amount of € 3,000,000, under which it undertook to issue bnak guarantees in favour to buyers off plan on the Tercia Real promotion.

Likewise, it was proved that the bank entity also, was the bank that received the money paid  as per the contract by our clients, on the bank account that the promoter had with this bank.

Thus, the court as requested in our court claim, and taking into account the double responsibility of this bank in this case, as the bank who granted a general bank guarantee line to guarantee the payments on account done by the buyers of this complex, and also for being the bank which received in its account the money paid by the buyers, has fully agreed with our claim, and has condemned the bank to:

- Return the € 81,966 paid years ago by our clients.

- The bank must pay the legal interest of the said amount, from the moment when it was paid until its final return.

- The bank must also pay for the costs of the court case, (expenses of lawyers and procurators).

Therefore, if you lost your money buying a property off plan, if the developer is insolvent or has disappeared, if you bought in the urbanisation TERCIA REAL, promoted by URFESAN, or any other, you can claim, and do not forget that we and other solicitors we offer a no win no fees policy, so you can claim without risking

Carlos Baos (Lawyer)

White & Baos Lawyers ( Spain)

Glad to hear of your progress with your clients case ,tell them not to get to excited about it though as we were in the same position 6 months ago ,and guess what because the clerk of the court is to busy to see my rep it stays in the un answered pile .So as I was saying tell them not to get to excited .PS its August and we all know what happens in August SFA ? One frustraded X buyer .

Sorry to hear that. Yes August is not a working month for courts. Our client has already been paid 50% of the money paid as BBVA has accepted the liability partially, and now we are claiming for the rest, interest, and costs. Yes, you are right, in court we need to be patient, I wish you all the best, Carlos

Its a very clear judgement from court.  I dont understand how the defendant had the choice of just a partial liability, how did that happen please?

The 50% payment has come back quickly though, thats good (is that 50% of the total claim including interest and court fees or 50% of the original deposit payment?).

Have the bank appealed the judgement and how long can they string it along?

Hi,

The claim is agains SGR and BBVA, BBVA has said that they accept the liability about 50% of the principal and paid it to the court, and the court paid to us.

Now the court case continue for the other 50%, interest on the whole money paid and the legal fees.

Best regards,