Warning: Actions against Banks: not that easy

I read today an offer for representation from a Law Firm, for an action against a Bank using Law 57/68 and it worried me as it portrayed it as an ultra-easy process where you just almost need to  merely call the bank and receive your refund. I felt obligued to state that it is not that way at all.

The email I read said there was new easy, direct legislation for these refunds and that is completely unaccurate: there is recent Case Law by the Supreme Court ( that is not legislation) establishing liabilities under certain requisites that, of course need to be present in the case you present to the Bank. Not all situations can be transformed into a successful judicial result.

Another unaccuracy of the advert I read is that it states that interests is compunded, which is not as it is calculated on a simple annual basis.

Just be careful and double check

Dear Maria,

I do understand your concerns with complex cases but I have to ask are Banks now, post SC rulings, recognising that it's cheaper for them to settle the principal amount out of court rather than incur costs and prolonged backdated interest?

Would this prove a solution for those straight forward cases where sufficient jurisprudence had been established for specific developments/ Banks and in that process alleviate some of the onerous court and judicial delays  that are compromising the rule of law in Spain?

Is it correct to identify however that law firm's costs will reduce these principal amounts and that these costs will remain unrecoverable if there is no imposition from judicial rulings?

Likewise will correctly backdated interest remain unrecoverable  if not imposed by the judiciary or would banks be willing to include correctly backdated interest in their out of court settlements? 

Is there now greater scope for out of court settlements by the Banks in these circumstances?

This message was last edited by ads on 18/10/2016.

I believe Maria to be saying be careful, more than anything. 

I have seen some of the advertisements, who use the BBC clips to back their claims up, the BBC article wasn't that well informed either from what I saw..

I sent Keith Rule an advertisement I received through E mail because I thought it was pretty wild in its claims.  Maria does right to say be careful, the ones posting promises now do not seem to fit with my experiences in trying to get my money back. 

Its a long hard and pretty expensive road to travel, don't believe anyone who says otherwise is my current view. .  

Ads:

Most judges are passing interests from date of payment. We do hope banks start settling out of court more and more.

Thanks for that Maria.

Good luck with all your ongoing cases whether they be out of court settlements or not, which thankfully in the main I trust appear to be finally making banks accountable after all these years of pioneering for justice. You and the team have been wonderful in this regard.

Could you please keep us posted when out of court settlements are achieved as this will assist transparency and help us to better comprehend the overall picture.

Many thanks again.

We will of course keep you updated on settlements

Cheers

Maria

Just a word of warning if you are trying to get your money back from the bank and you have 

more than one property you will find it allmost impossible , 

you are classed as an investor and the courts will not judge in your favour , as I recently found out 

after going to court in January in Malaga . 

Jim I am afraid you need to be realistic in your situation.

The Spanish Judicial regime are being asked to make a judgement between the Spanish banks and Billy Brit, a foreigner.

If they rule in favour of the Spanish banks the money stays in Spain and if they rule in favour of Billy Brit the money most likely goes back to the UK.

Jim:

There is enough Case Law  (both from Spanish and European Courts ) and legal arguments to defend that buying two houses does not necessarily mean you are an investor. Did you go to Appeal?

BREXIT: Court Decisions in Spain are being massively favourable to residential buyers who lost money due to the financial crash, regardless nationality of course. I can testify on that.

Again, fighting these cases is not easy or quick and I reiterate my advice on entrusting the matter to proved experts on the matter. There are many angles that need to be defended and Banks are gaining more and more experience. Still, Case Law by the Supreme Court keeps being protective towards buyers according to the spirit of Law 57/68.

Hi Maria.  

We have often been informed of cases won and action being successful but, as you say, banks are getting more experienced.  

Are there places that the public can obtain the failures as well as the successes in these cases, for balanced judgements?  

It may help people to look at areas where cases may be less favourable, in order to judge the financial exposure some people have when deciding on the action they should take.   

I know a lawyer such as yourself will give an opinion based on the contracts and evidence, but this may not always be the case with some others. 

Hi Brain old mucker

Try

http://www. poderjudicial.es/cgpj/en/Judiciary

Cannot paste full link as I am not full member, only novice.

Ta. Will have a look through. Looks interesting.  

Brian:

This below in the website where the General Council of Judicial Power publishes their decissions. It takes time for them to upload them from when they are produced by Courts but, it is the most updated/ complete source you can find online and free. Paid versions are not much better than this.

I have selected CIVIL and 57/68 as jurisdiction you need to select is Civil ( against Administrative, Criminal...) and 57/68 or 57/1968 are the terms which will direct you towards the desired results.

http://www.poderjudicial.es/search/indexAN.jsp

I will be pleased to help you further on this. 

Cheers

M

Thanks Maria,

I will take a look and let you know if I need some basic guidance.

Ok. Great

M

Briando:

How was tour search?

I haven't managed to retrieve any information yet María, I will try and refine the searches again this evening.