BANCO SANTANDER TO REFUND DEPOSIT PAID ON AIFOS' GUADALPIN VILLAGES
In this case we have represented a client who bought two properties in the Aifos' resort "Guadalpín Villages", and although developer committed to give him the individual bank guarantee, it was never produced, so when properties weren't built and Aifos was called for Bankruptcy he just thought that there was no chance to get his saving back.
But after several enquiries through Courts we got access to the generic bank guarantee signed between Aifos and Banesto (now Banco Santander), and this important finding encouraged him to start procedings.
Case wasn't easy because several legal issues arise during the trial (the generic bank guarantee wasn't made for an specific resort and no individual Bank guarantees were made for Guadalpin Villages, bank claimed that 57/68 wasn't applicable because properties were part of the Hotel Resort...) but Malaga First Instance Court which dealt with the case finally met our claim in full and sentenced Banco Santander to refund the whole amount plus legal interest and defense cost.
We would be delighted to share further info about this important case upon request.