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スペインの裁判所は、スペインのCaixanova(NovaGalicia Banco)しんようきんこの危険率の高い優先株式を買わされた被害者は、被害者は誤解を招く,不十分の情報で交わされたとして、契約破棄の判決を出し、全額返済することに
Un juez obliga a Novagalicia a devolver a un cliente 7.560 euros de una preferente
El fallo anula la venta y obliga a NCG a reembolsar a una clienta de Cambados
A judge Novagalicia requires a customer to return 7,560 euros a preferred
The ruling reverses the sale and NCG requires a client to reimburse Cambados
Maria Fernandez Vigo 15 JUL 2012 - 14:29 CET
The ruling reverses the sale and NCG requires a client to reimburse Cambados
Maria Fernandez Vigo 15 JUL 2012 - 14:29 CET
"There nullity of the contract for the acquisition of preferred shares as inadequate, misleading and insufficient information from the bank, that caused error in contracting." Paragraph is drawn from a judgment of the court of Instruction No. 1 Cambados annulling the contract signed in November 2008 by an individual with the old Caixanova (now Bank NCG) which was offered to hire a "high-yield deposit, which allowed access to your money at any time and in which there was no risk. "
more informationCaixanova preferential placed illiterate despite its complexityPreferred to put boxes and disabled childrenNovagalicia, the first bank apologizes to its customers
Before the sale, the place in time "test of convenience", a short questionnaire that supposedly ensures that the person has financial expertise. But the judge stated that the client did not have the profile of high-risk investor is assumed, because even "had told the office manager that he needed the money in two years," according to the lawyer concerned, Vanessa Vidal. The judge is adamant: "You gave sufficient information on the risks assumed, especially when the applicant was not an experienced and may be regarded as not even aware of this type of complex contracts, which implies the existence of vice in the provision of consent ".
The contract included the term "immediate liquidity" to refer to the preference shares
The operation was performed for an amount of 10,000 euros. The customer could, a year later (in 2009), out of that amount without the problems put an entity. But they came when he decided to withdraw all their savings, in October 2011. The converted excaja Novagalicia informed the concerned Bank that "due to market conditions," their interests "could not be amortized."
NCG produced evidence at trial to support that "properly informed" the plaintiff of product characteristics hired because "he was handed the tryptic digest of the prospectus registered with the National Securities Market. That document included the expression "immediate liquidity," the defense of NCG attributed to the circumstances of the time. also said lawyers for the entity that the client received "on time", the yield on such shares.
The victim is a warehouse worker who had only invested in fixed income
In addition to declaring the contract void, the judgment requires NCG to return 7,560 euro and sentenced him to pay costs. Further appeal against the judgment, which could not occur in view of the statements Novagalicia President Jose Maria Castilian, and the CEO, Cesar Gonzalez Bueno. Both acknowledged this week that in many cases, old boxes placed preferred to savers who did not know the risk of these products.
more informationCaixanova preferential placed illiterate despite its complexityPreferred to put boxes and disabled childrenNovagalicia, the first bank apologizes to its customers
Before the sale, the place in time "test of convenience", a short questionnaire that supposedly ensures that the person has financial expertise. But the judge stated that the client did not have the profile of high-risk investor is assumed, because even "had told the office manager that he needed the money in two years," according to the lawyer concerned, Vanessa Vidal. The judge is adamant: "You gave sufficient information on the risks assumed, especially when the applicant was not an experienced and may be regarded as not even aware of this type of complex contracts, which implies the existence of vice in the provision of consent ".
The contract included the term "immediate liquidity" to refer to the preference shares
The operation was performed for an amount of 10,000 euros. The customer could, a year later (in 2009), out of that amount without the problems put an entity. But they came when he decided to withdraw all their savings, in October 2011. The converted excaja Novagalicia informed the concerned Bank that "due to market conditions," their interests "could not be amortized."
NCG produced evidence at trial to support that "properly informed" the plaintiff of product characteristics hired because "he was handed the tryptic digest of the prospectus registered with the National Securities Market. That document included the expression "immediate liquidity," the defense of NCG attributed to the circumstances of the time. also said lawyers for the entity that the client received "on time", the yield on such shares.
The victim is a warehouse worker who had only invested in fixed income
In addition to declaring the contract void, the judgment requires NCG to return 7,560 euro and sentenced him to pay costs. Further appeal against the judgment, which could not occur in view of the statements Novagalicia President Jose Maria Castilian, and the CEO, Cesar Gonzalez Bueno. Both acknowledged this week that in many cases, old boxes placed preferred to savers who did not know the risk of these products.
スペインの裁判所は、スペインのCaixanova(NovaGalicia Banco)しんようきんこの危険率の高い優先株式を買わされた被害者は、被害者は誤解を招く,不十分の情報で交わされたとして、契約破棄の判決を出し、全額返済することに
裁判官Novagaliciaは、顧客が優先7560ユーロを返すために必要です。
判決は、販売を逆転し、NCGは、クライアントがCambadosのを弁償する必要があります
マリア·フェルナンデスビーゴ15 JUL 2012 - 14時29分CET
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