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LEY 57/1968 WON CASE in SUPREME COURT AGAINST CAJA INSULAR DE AHORROS DE CANARIAS (now BANKIA) FOR OUR CLIENTS WHO PURCHASED TWO OFF-PLAN PROPERTIES FROM THE DEVELOPER CONSTRUCCIONES LUAYRA S.L. AT THE ‘EL SOBRAO’ DEVELOPMENT IN TRIQUIVIJATE, FUERTEVENTURA
Congratulations and well done to Maria and The team at Costaluz Lawyers for their success with this Supreme Court Judgement. I have been unable to add a comment on the actual blog but just wanted to add my Congratulation. 'The Supreme Court has now fixed jurisprudential doctrine regarding Banks liabilities and obligations according to LEY 57/1968'. I believe this is a important step in the future Court cases involved in the Ley 57/68 and congratulate Costaluz Lawyers for their determination in making this happen. Am I right in thinking that another Judge has also to agree another case before this confirms the law?
Congratulation once again and good luck to your clients who have finally after all these years gained justice against the greedy developers and banks.
R and G
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Yes I too am unable to post a comment but also wish to extend my sincere thanks to Maria, Keith and all the team who have made this possible.
With this being described as "doctrine" as opposed to case law, does this now mean that all judges should adhere to all articles of Ley 57/68 as defined within this ruling, which includes interest at legal rates backdated to date when monies were deposited into developer accounts?
But does it also mean in terms of award of costs that claimants fighting any future judicial contra legem rulings ( i.e rulings by judges who do not adhere to this SC doctrine that clarifies Ley 57/68) will not be eligible for return of costs associated with their ongoing fight for justice due to the fact that their claim "should have been upheld" in the first place? Isn't this where judicial moral authority should apply?
Perhaps I've misunderstood?
Many thanks again for all your ongoing endeavours.
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As we cannot post to your blog Maria perhaps you could clarify what this means to those awaiting Court cases regarding Ley 57/68 on this thread.
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Yes. All judges need to adhere to this ruling which includes interests from payment date and costs.
From this moment, costs will always be imposed to Banks too.
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Remarkable achievement Maria. Well done to all at Costaluz.
Let's hope that all judges now adhere to this ruling.
Please will you keep us all posted.
Kindest regards.
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Thats all well and good but I have never seen any real monies come back to the aflicted or am I missing something
Love Hugh x
_______________________ Done the Spain thing Happier in the UK
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Yes, Hugh. Effective refunds being achieved through this action
Keith can tell you how many clients ( approximately) have already received their refunds through our work
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Keith who
All I ever see is these pointless conversations between you and ADS over ley 57/58/59/60 no real results why does Keith a stranger have to quote on your successes
Love Hugh X
_______________________ Done the Spain thing Happier in the UK
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Also Keith Rule set up a petition which highlighted the whole problem relating to adherence to existing law Ley 57/68 http://www.bankguaranteesinspain.com/ and spent an enormous amount of time and effort on this, prior to him successfully challenging the CAM Bank. The section titled "Shocking truth" explains the background to this major problem.
He subsequently used his expertise/knowledge to the benefit of many, and now works for Costaluz.
With respect, it has become a major educative process highlighting the problems that thousands of offplan purchasers have been exposed to by the Banks (also problems encountered within the Justice system), and is certainly not in any way or form a "pointless exercise" Hugh.
This message was last edited by ads on 01/04/2016.
This message was last edited by ads on 01/04/2016.
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I have just been advised by my solicitor of the ruling of the appeal court hearing held on 26 Jan 2016.
At the first instance court case I was awarded - full refund of deposit, legal interest from date deposit paid plus legal costs.
The appeal court upheld the first two items but have said that I must pay legal costs [i can only assume that means that I must pay my legal costs and the bank will pay theirs].
Should I advise my solicitor to take the bank [BBVA] to the Supreme Court in an effort to force them to pay my legal costs? How much will the legal costs be and what are the chances of a victory, I wonder? Has anyone already take the bank to the Supreme Court? Any advice for me with this, please?
Well done Maria and her team from me too.
regards,
John
This message was last edited by john123 on 02/04/2016.
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I came across Costaluz Lawyers from the Eyeonspain web site and I read good things about Maria Luisa De Castro in particular.
In 2006 I decided to fulfil my dream of owning a holiday property abroad and I decided to buy an apartment in the Medina Elvira Resort, Granada. Three years on and the development started to experience a number of issues mainly due to the financial market crisis and also the land ownership. I began to get nervous about the development so I contact Costaluz Lawyers to discuss the issues. I then made the decision not to complete and to fight for my deposits back. I engaged with Maria and her team which was a very straight forward process. Having had a very positive conversation with Maria, I chose Costaluz Lawyers to act for me.
It has taken a long time and the Spanish legal system is a very complicated system but Maria and her team gave me confidence throughout the process.
We won our case after many years of hard work and persistence from Costaluz Lawyers. I received my full deposit back and also expenses and interest. A truly fantastic result.
Thank you very much from the bottom of my heart to the Costaluz Lawyers team in particular Mar Durio, Keith Rule, Jesus Castro, Maria Luisa De Castro, Almudena Gracia & Rocio Medialdea.
If you are unfortunate enough to find yourself in a similar situation to mine, please talk to Costaluz Lawyers or feel free to contact me and I can share my experience (Jonnyforster@hotmail.co.uk)
Forever grateful.
Kind regards,
Jonathan Forster (UK)
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Thanks Jon!
You are the type of client we dream of: that who sees the bid effort being developed behind the scenes!
Thank you for generous and grateful heart!
M
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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