can the bank forces developer not to complete

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    • #51804

      I had bought a off plan property at Costa Asuri and opened a current account with (Bank A)to pay for the 10 letras that I signed comprising 40% of my the property value to be paid to the developer on a regular period/dates.

      In June (Bank A)paid two letras
      on the 9th and 11th of June. This was brought to my attention some over a year later when Bank A woke up and started

      chasing and harrasing me. I had told them that as soon as I have funds
      I will resolve the matter in the mean time the Bank kept on debited my account for all and sundry.

      The property has now been complete and I have arranged a mortgage/subrogation with Bank B (who are the developers bankers)

      The developer are now saying that they will not complete until I refund the the letra amount to Bank A.

      My Question is.

      1) Can the developer force me to pay to Bank A, considering that the developer is not a party to a contract between myself and my bankers Bank A. ( The developer is a third party)

      2) What gives the developer the right to act as a debt collector for Bank A, keeping in mind that the building was not financed by bank A

      3) In theory Bank A had given me a credit albiet in error and sat on its error for over an year

      4) I never requested or applied for a credit with the Bank, as a result the credit was not notarised

      5) Would this situation affect my credit rating with bank B, who are extending me the mortgage though this has not been drawn down yet

      6) I am happy to delay the completion for as long as it takes if the developer wants to side with Bank A

      I have a feeling that the Bank A has been using their contact that exist in small town by puttiingpressure on me for their incompetance.

      I think this one is for Maria and Cesa

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