Hi
I received an e.mail from my lawyer this week (see below) and a similar posting is on the Trampolin Hills forum (also copied and pasted below).
Good news for some but my deposits were paid into Cajamar and i am not sure how i stand.
1: email received from lawyer
Dear clients:
Latest sentences pronounced by the High Court (Tribunal Supremo), state that a buyer can ask the bank to refund his deposit paid to the promoter, as long as the bank would have signed a collective guarantee policy and at the end would not have issued the individual guarantees, regardless that the deposit would have been paid into an account held at this bank or at any other bank, and even if the deposit would have been paid in cash, as long as this amount is included on the purchase contract as payment on the price of the property.
This means that all the Trampolin Hills buyers, have legal action against La Caixa bank (who signed with Trampolin Hils a collective guarantee policy) and probably against Cajamar bank as well. Therefore, we are going to unify the preliminary inquiries of the buyers who paid into La Caixa bank account and into Cajamar bank account, and will submit them to the competent County Court.
We do know that La Caixa has a collective guarantee policy, but do need to submit preliminary inquiries to find out the conditions agreed on this policy. In regards Cajamar, we do have a certificate stating that there is a special account and what seems to be a collective policy, so with the preliminary inquiries, we want to confirm that this collective policy is real and if Cajamar did sign a collective policy with Trampolin Hills. Thus, we will wait for the results of our preliminary inquiries to know if we demand to La Caixa and Cajamar or to La Caixa only.
Will keep you posted.
Kind Regards.
2: Posted on Trampolin Hills forum
Hi everybody,
We would like to inform you that we are preparing a claim against La Caixa because they signed with Trampolin a Generic Guarantee (a commitment to provide individual guarantees for buyers), so any buyer of Trampolin is entitled to claim his deposit plus legal interests to La Caixa.
We have a copy of the above generic guarantee, and several certificates from La Caixa about this particular matter.
Please note that the guarantee covers every deposit paid to Trampolin shown on purchase contract, no matter where the transfer was made (La Caixa 280 ending special account, La Caixa 630 ending current account, or CAJAMAR), because individual guarantees were given by la Caixa to purchasers who transferred the deposit into a different account than the special (280): into the current account (630), or even to CAJAMAR. Some buyers whose deposits were transferred into the special account (280) did not get in fact a guarantee.
Therefore La Caixa 's liability can be claimed, under the provisions of the law 57/68.
The above claim is a low cost class action, and there are almost 40 purchasers (and about 70 properties) who already join it.
The case is grounded on several previous precendents, in which the Courts have sentenced Banks to refund deposits to purchasers who didn't have a bank guarantee, even when the money was not paid into the special account, or paid to a different Bank than the one who signed the Generic Guarantee.