Wednesday, September 14, 2016

Two banks have been condemned to return 50,000 € to a British man

The money was a deposit for a flat in Mijas which was never built and he had the misfortune to sign a contract with the promoter Aifos Some 30 years ago the man came to Spain and got to know Mijas and decided it would be the perfect place to share a home with his son. At the time he was living in the United States where he had established his savings for a home which, however was never built. Despite the off-plan fiasco, now a judge has condemned the two banks to return nearly 50,000 € for what occurred. The victim signed a contact with Aifos Arquitectura y Promociones Inmobiliaria S.A. for the acquisition of a building under construction on August 12 2003 for a house in the residential development Aifos Hippodrome, in Mijas. According to the sentence, reported in Diario Sur, the buyer made an advanced payment of 70,251.50 € to be carried out as outlined in the contract. But the home was not built in time so the First Instance Court 10 in Málaga gave for resolved the agreement obliged the promoter to return said amounts. This resolution was later confirmed by the magistrates in section 6 of the Málaga Provincial Court in 2013. Now the judge in the First Instance Court 8 in Málaga has partially estimated the demand made against Banco Popular and Banco de Santander, as noted by the Briton, who has been represented by Ley57 Abogados. In this way, the two banks will have to return what was deposited into the Aifos accounts for the responsibility which the banking entities must hold for having used money deposited in their banks without investigating any guarantees on the destination. In fact, Banco Popular will have to return 29,100 €, plus interests accrued since the judicial reclamation and Santander 20,575.75 € According to the fundamentals of law, the purchase of property which involves payments from the purchaser into the account belonging to the promoter without opening a special account, and the corresponding guarantee against the purchaser who pays the total amount in advance deposited in the account or accounts which the promoter has in the said bank.