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Mostrando entradas de enero, 2018

SOLERA EL TRAMPOLIN: CASE WON / CASO GANADO

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CAJAMAR TO REFUND DEPOSITS TO RETIRED BUYERS: after more than 15 years thinking that all their saving were gone, our customers are about to get the deposit paid for their home in "El Trampolin residential" back. 

First Instance Court from Molina del Segura has sentenced Cajamar to refund deposits to our clients, who never got an individual bank guarantee. But they paid the deposits to the developer by transfer, into a bank account opened for Solera el Trampolín in Cajamar, so Court has called the bank liable under the provisions of the 57/68 Act, article 2.1.


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CAJAMAR DEVOLVERÁ LAS ENTREGAS A CUENTA A COMPRADORES JUBILADOS: Tras más de 15 años pensando que lo habían perdido todo, nuestros clientes están a punto de recuperar las sumas entregadas a cuenta del precio de su vivienda en el residencial "El Trampolín".

El juzgado de primera instancia de Molina del Segura ha condenado a Cajamar a devolver a nuestros clientes lo que entregaron a cuenta del p…

MASA, ORIHUELA COSTA: CASE WON / CASO GANADO

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BUYERS GET DEPOSIT BACK AFTER CAM BANK GOT SENTENCED: Our customers have got back their lives after recovering the deposit paid for a property to Zenisol Promociones (Grupo Tecnología Urbanística), through MASA INTERNATIONAL estate agents. 
Although the property was built, it never got the habitation certificate, so our clients' nightmare began. But a few years ago they took the right decision and put the case in our "legal" hands.

Now is clear that they were right, because they have recovered the whole amount paid, plus legal interest from payment to the developer, after suing the bank who signed the generic bank guarantee with the developer: CAM Bank. 
The case was pretty interesting from the legal point of view, because the copy of the generic bank guarantee was never released by CAM Bank. Some evidences about the bank guarantee were provided by Cam Bank during the preliminary enquiry, but when the Court ordered them to produce the copy, they just didn't do it. So we…

INTEMPO BENIDORM: ANOTHER CASE WON / OTRO CASO GANADO

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Abanca, former Caixa Galicia, is facing a new deposits' refund to a purchaser who bough a property to Olga Urbana in Intempo building, Benidorm.


Although no individual bank guarantee was given to the buyer, several documentary evidences were produced during the trial proceeding that confirmed that one individual bank guarantee was made in the buyer's name (but it was never delivered). It was also conformed that deposits were paid to the developer into an account opened in its name in Caixa Galicia, which also signed with Olga Urbana a generic bank guarantee. Therefore Alicante First Instance Court, nº 9, ruled that bank should be declared liable under the provisions of the 57/68 Act.

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Abanca, anteriormente Caixa Galicia, va a tener que hacer frente de nuevo al pago de las cantidades que un comprador anticipó a Olga Urbana a cuenta del precio de una vivienda en el edificio Intempo, Benidorm.

Aunque el comprador no disponía de aval individualizado, se acreditó …