21 cases against Banks won so far in 2018

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Spanish Law, Finance Regulators and hedge funds business examined by European Commission

What is the EU deciding with regards to assignment of mortgage debts to hedge/vulture funds? On 20 April 2018, the European Commission announced the admission for processing of the complaint filed by a Law Firm in Spain on behalf of 12 holders of Spanish mortgages for non-application of European … [Read more...]

Banco Santander sentenced to return more than 300,000 euros for Aifos development Cala del Sol in San Fernando

A law from 1968 and the interpretation of that law by Spanish judges and courts in favor of off-plan buyers of first or second homes in Spain results in the return to six claimants the savings they lost during the real estate crisis in Cala del Sol, San Fernando. At the completion date as stated … [Read more...]

The Supreme Court in Spain changes its criteria in relation to consumer agreements

The Supreme Court in Spain has changed its criteria in relation to consumer agreements, provided that it is proven by the Bank that the client was able to know the economic and legal consequences of its acceptance. In a ground clause case in which bank and client reached an agreement in order to … [Read more...]

15 New Cases Won against Banks in 2018


Abusive Clauses – Specialised Courts in Spain almost 100% in favour of consumers

According to the National Commission of Judicial Statistics, of our General Council of Judicial Power, 98.3 percent of the 9,000+ Court Decisions issued in 2017 by courts specialised in abusive clauses were favourable to the consumer. 98.3 percent of the 9,326 Decisions passed last year by the … [Read more...]

Off-plan property case won by CostaLuz Lawyers-DeCastro for a property in ‘Calas del Pinar’ from the developer Peinsa 97 SL

Case won by Costaluz Lawyers-DeCastro in Peinsa 97, SL development “Complejo residential Calas del Pinar”, Pulpí, Almeria. Banco Santander S.A, has been condemned to return to the claimant € 103,493.54 plus the legal interest ( 4%-5% annual) from the dates payments were made to Peinsa. The Bank … [Read more...]

CAIXA BANK sentenced to refund 330,000 Euros plus interest & costs to off-plan buyers at the Guadalupe Hills development in Manilva

The development was marketed by the bankrupt British Estate Agent company Ocean View through which hundreds of buyers, mostly British and Irish, lost millions of euros in off plan purchases in Spain. The consolidated Case Law of the Supreme Court and the good work of lawyers over the past … [Read more...]

The stubbornness of banks and the condemnation to repay interests and costs in Spanish off-plan property claims

The stubbornness of banks and the condemnation to repay interests and costs in Spanish off-plan property claims Known already are the countless Sentences that have proliferated throughout Spain since Keith Rule, the Erin Brocovich of Spanish off-plan property fought in courts and in financial and … [Read more...]

Banco Sabadell to refund 300,000€ in “La Campaneta”

This was ordered on 9th January 2018 by the First Instance Court Number 2 in Orihuela, Alicante, Spain. The responsibility derives from the legal obligations of the Bank according to Spanish Law, LEY 57/1968.  Banco CAM (now Banco SABADELL) accepted the buyers off-plan deposits into accounts … [Read more...]

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