New Blog Location on Reclaiming Your Spanish Off Plan Deposit
Sunday, November 12, 2017
The social platform (.fm) I had was unfortunately closed down as the host went out of business. So I have now started a separate blog instead to chart out progress as a group where we are having successes now in getting our money back. We are just consumers but we have learnt a lot as we have gone along, and especially to do with avoiding getting money claimed back only for the lawyer to take a massive amount from it! You often don't realise that until iti s too late, it usualy works out much more than what you expected or the percentage you were told. I can explain more on the blog and will be doing. If you do it right though, you can end up with more money back that your original property deposit that you lost (I mean in your own pocked!).
The blog address is a long one... so better click on it... or if that doesn't work then copy and paste it into your browser!
www.spanish-property-deposit-reclaim.blog
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Published at 12:51 PM Comments (0)
Lost Property Deposit In Spain Community
Monday, February 4, 2013
I have created a dedicated social network for those people unfortunate enough to lost their property deposits in spain. However, this was closed down as the host went out of business. Instead I have now started a blog to keep you updated on the tips and tricks we have learnt as a consumer group to get your money back. Also to avoid the lawyer representing you taking more than their fair share and leaving you with just a fraction of your money.
For more details on this simply click on the following blue link text: www.spanish-property-deposit-reclaim.blog
See you there!
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Published at 7:16 PM Comments (0)
So the Banks do have the money to pay us back! How do we get to it?
Sunday, February 5, 2012
Spain's Real Estate Clean-Up On Its Banks...at least the money is there, how do we get to it?
This just came in from Business Insider that those seeking a return of 'lost' deposit funds might be interested in...it says:
Spanish government has approved regulations that force Spanish banks to set aside an additional €50 billion in provisions, in an effort to clean up their real estate exposure.
This reform could see Banco Santander, Spain's biggest lender take a 42 percent hit on its 2012 profit, and BBVA take a 52 percent hit on 2012 earnings, according to a new Societe Generale report.
At €26 billion, Spanish banks had the widest capital shortfall in Europe, based on the European Banking Authority's capital requirements. They managed to cover this gap without any capital increase. According to SocGen Santander was the most active, followed by BBVA, in making themselves compliant through changes in dividend policy, asset disposals etc. Banco Popular needs to accrue 1 billion in capital to meet the target.
Now, SocGen estimates that these extra provisions would come to €48 billion to €58 billion for the system, implying a capital shortfall in a range of -€25 billion and -€30 billion, on top of the EBA capital shortfall.
Moreover, this time around banks are unlikely to get much help from the government. Earlier this year Spain's economy minister Luis de Guindos said that the government would not set up a bad bank. Spanish banks would have three priorities namely, cleaning up balance sheets, streamlining capacity, and
minimizing the cost for Spanish Treasury. This would mean that the shareholders would take the hit for the clean-up.
Just how big is the problem?
Total real estate exposure amounts to €338 billion, or €406 billion including construction loans, which represent 23 percent of all loans, and 41 percent of GDP. Mortgages account for 34 percent of the loan book, or about €612 billion. From SocGen:
"More than half of the Spanish bank loans tied to property and construction, amounting to €176bn, or 18% of GDP, are classified as “problematic” in the latest Financial Stability Report (FSR) a Bank of Spain report published every six months."
As the chart from SocGen shows, real estate and construction loans account for the largest share of non-performing loans.
Banco Santander, has said its Q4 profit fell 98 percent as it expected tougher regulations on covering its real estate losses, according to Bloomberg. The bank reported net income of €47 million, from €2.1 billion a year ago.
Meanwhile, Spanish officials are hoping these measures will boost confidence in the country's banking sector and its economy.
Note: SocGen prefers BBVA to Santander, for its business and geographical mix, low leverage, asset quality and high fully diluted profitability. Santanders lower exposure to Spain vs BBVA and its larger excess capital after the additional provisions and potential actions to restore it may mean that Santander could be involved in a more sizeable deal in a consolidation scenario.
Read more: http://www.businessinsider.com/socgen-assesses-the-impact-of-spains-real-estate-clean-up-on-its-banks-2012-2#ixzz1lWribIvC
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Published at 7:35 PM Comments (0)
Bank Disclosures
Thursday, March 3, 2011
This has just been printed in the Olive Press...the interesting part for those losing deposit money is in bold...not sufficient support yet for those of us without a bank guarantee but at least one step closer I think to getting the authorities to recognise that their bank SHOULD HAVE issue bank guarantees on all Property Purchase deposits anyway AND therefore owe us the money back. After all it is the banks who have their debt secured on the property that our deposits funded the development.
Bank Disclosures a Good Sign for Spain
FINALLY some good news for British property owners in Spain.
The Junta de Andalucia has announced that it is tackling the large number of properties in the region that have been built illegally and legalising properties where possible.
In some cases a minimum licence will be issued allowing the property to remain even if it is not incorporated into the town plan.
The Spanish government has also reformed the Criminal Code, which means tougher penalties for town planning crimes.
Public officials will now face hefty punishments for allowing any illegal properties to be built and will have to pay any costs incurred to restore the land to its original state.
In addition, all purchasers, whose properties have fallen through, will have the right to demand refunds from banks that guaranteed the construction of their home.
In the past, a number of banks had found ways to avoid paying.
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Published at 2:08 PM Comments (0)
UK Police Involved in Spanish Deposit Alleged Scam Case
Tuesday, February 15, 2011
See the article below that I have just been made aware of. I wonder how many similar cases there are out there. I am involved in one that sounds very familiar to this one!....ie UK agent taking deposits against Spanish off-plan property then money 'disappearing'. Well, we are looking to get a case going too like this one....awaiting a proposal from the lawyer I met in Marbella last week.
kingofspain999@googlemail.com
Published: 15th February 2011
The agent at the centre of allegations over an alleged £43 million overseas property scam has spoken out for the first time.
Colin Thomas, director of Ocean View Properties is currently being investigated by Staffordshire police and the UK insolvency service following the collapse of his company in 2009.
Ocean View Properties sold off-plan units on a number of developments in Spain, Morocco and the Dominican Republic, most notably on the Estepona Beach and Country Club on the Costa del Sol. However, after taking deposits averaging around £80,000, some of the deposits “disappeared” and the developments were never completed.
Speaking through his lawyers Mr Thomas blamed the developer for the situation currently being faced by investors who lost their money.
“The sooner the truth is out — about the actions of Ricardo Miranda in Spain, the Dominican Republic and Morocco through the actions of lawyers currently suing Ricardo Miranda on behalf of investors who have lost money paid to him — the better.”
Mr Thomas insists he has co-operated fully with the legal team leading representing investors who have lost their deposits.
“In representing Mr Thomas we can say that he has always been happy and willing to assist in all actions that are being taken against developer Ricardo Miranda” his representative said.
Unfortunately this case is an all too familiar one. Investors’ make deposits in good faith but as the money is not put into an escrow facility, it is not protected. When some of the money “disappears”, the agent and developer blame each other…
The result is negative publicity for the industry and an erosion of trust that affects future sales for everyone.
A quote from an investor on legal forum, Belegal.com sums up the situation concisely:
“Whatever the final truth is…. I do know never to invest in property I can't see and touch and what a painful lesson that was”.
It is currently not a requirement for membership of the AIPP to insist off-plan property deposits are put into protected client accounts.
Source: Global edge
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Published at 8:33 PM Comments (0)
Civil Claim for Deposit Return: What did I get for my money?
Wednesday, February 2, 2011
Having spent several thousand Euros to get a decision against a developer and an order to pay I thought the matter was over...well it was only just beginning! Only in Spain!
We then had to pay more to go through the process of setting the debt against some of the developers properties since they had no liquid assets (apparently). So these specific properties got identified and then basically someone else came along also assigned their debt against the same properties! So what we had identified for security of what they owe which leaves us with no security now as there is no equitly left for us there! If only the solicitor had said that such a risk existed then I think I would have thought twice about taking such action in the first place.
So then then the solicitors did a check to see what else there was to go for and found there is nothing. Therefore they thought that they should call a creditors meeting so that we can secure at least 25% of our debt as a priority over other debts the company has. Good idea, but in practical terms if I get 9,000 of the 36,000 I am owed and then I take off all their legal fees I am just going to be left with a few thousand meaning all this time and effort and expense was a waste! I might as well have done nothing!
I suppose a challenge against the banks is a harder one to win without a bank guarantee but at least if it works we get the full amount plus legal interest for 6 or 7 years or whatever it will be by then.
Please also see my sister blog under 'Intersting Links' on the right hand side here...
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Published at 9:40 AM Comments (1)
What if the boot was on the other foot?
Tuesday, February 1, 2011
With all the recent postings about reclaiming our 'lost' deposits it would be interesting to consider what the situation would be if lots of Spanish had invested in the South of England in so-called off-plan projects that never happened and the English developers and banks kept their money!
Don't you think it would have reached the European Parliament by now?
I just wonder how this can all be kept away from the politicians and public at large in the UK since so many people have been affected.
Maybe it is something to do with country cultures...not as though I see the Spanish as get up and go types of course. Just maybe we in the UK are more accepting of things when they go badly wrong.
I mean I have seen people in the Action Group I am with today just say 'forget it' and leave behind 28,000 Euros in Spain, probably money remortgaged from their home as well (like me).
What is wrong with us? Why can't we get a result on this outrage?
kingofspain999@googlemail.com
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Published at 1:44 AM Comments (0)
British Ambassador's Comments on Article Including Information on Spanish Bank Guarantees
Wednesday, January 26, 2011
Giles Paxman: Some encouraging property news
There's some good news recently for British people faced with property
purchases in ... building projects that did not meet the requirements of
Spanish law, ...
blogs.fco.gov.uk/roller/.../some_encouraging_property_news
*******
Giles Paxman
Ambassador to Spain, Madrid (RSS feed )
Some encouraging property news
Posted 26 January 2011 by Giles Paxman |
There's some good news recently for British people faced with property
purchases in Spain that have back-fired, building projects that did not meet
the requirements of Spanish law, or constructors who've simply gone bankrupt
and left houses unfinished.
At the end of December, Spain introduced reforms to the Criminal Code which
increase the penalties for town planning crimes and prevent the perpetrators
from profiting from these crimes. They include punishing public officials
who allow illegal properties to be built and stricter penalties for
corruption. Courts can now order the perpetrator to pay the costs of
restoring the land to its original state, without affecting the compensation
owed to purchasers who bought in good faith.
Much as we would like to help, the Embassy cannot get involved in the large
number of individual property cases, all of which are different and often
very complex. But we do regularly raise the issue in general terms with
Spanish ministers at a national and regional level. We also try to give
British nationals as much advice as we can about how to avoid problems when
buying property and who to turn to if they find themselves in trouble. You
can find this information on our web site.
And there is further encouraging news for purchasers who have bought off
plan and were issued with a bank guarantee. In December, a court in
Cantabria ruled that a purchaser had the right to demand that the bank which
guaranteed the construction of a property refund the amount paid in advance
by the purchaser when the property was not completed as promised. This may
sound obvious but, surprisingly, many banks had found ways to avoid paying.
The Andalucian regional government has also announced that it is preparing
regulations to deal with the large number of properties in the region that
have been built illegally. This includes legalising properties where
possible, and in some cases issuing a minimum licence allowing the property
to remain even though it is not incorporated into the town plan. We are
working with the regional authorities to get more information on how these
proposals will work and the timeframes involved. We will update our website
with this information in due course.
In addition, a judge in Almeria has this month ruled that although a
property built more than six years ago did not comply with town planning
regulations, the owners have the right to be connected to essential
utilities such as water and electricity. It is not clear whether this ruling
will set any kind of legal precedent for similar cases, but it may be seen
as a glimmer of hope for those who are currently living in illegal
properties without access to water and electricity.
While the above news should bring some comfort to those affected, my advice
for those considering buying in Spain remains very clear: seek independent
legal and financial advice throughout the purchase process and ensure you
have all the correct documentation before signing any contracts.
You can find more information about buying a property in Spain on the
property section of our website.
Giles Paxman
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Published at 7:00 PM Comments (1)
Off Plan Deposit Reclaim from European Consumer Centre
Tuesday, January 25, 2011
Please find below the email response I got today on the matter of Action Group businesses who claim to assist people in reclaiming their deposits. Our action group consists of only people affected by the development (or lack of it!). We have not engaged any such services but have dealt direct with Spanish Lawyers.
I hope the response below helps and at least there are some interesting links. I have responded to one of the links so if I get a reply to that I will post what it was about and what the response was....
KingofSpain999@googlemail.com
Dear 'King of Spain 999'
Thank you for contacting the European Consumer Centre for Services. Your reference number for your case is #736. Please use your reference number in all correspondence with us.
The ECCS provides general information on consumer law and rights when buying services across the European Union, as well as contact details for organisations that could provide practical assistance in case of a dispute. The ECCS is a requirement of the European Services Directive, Article 21. It is delivered by the Trading Standards Institute and is funded by the Department for Business Innovation and Skills.
Following your enquiry relating to the issues you have had with buying a property in Spain and whether certain Property Action Groups are a legitimate company that may be able to assist you in reclaiming your deposit we can advise as follows.
It is always difficult to categorically say that a company is legitimate as they may well be registered in the correct way etc but this does not mean that they operate with appropriate business practises.
We would always advise that if you are asked for an upfront fee that you should be cautious. You may also like to search the internet for other consumer’s opinions of this company by putting the name followed by ‘forum’, ‘blog’ or ‘scam’. This will often bring up much information on a company but you still need to bear in mind that this is opinion based on others experiences.
We would suggest that you use associations that are free and that are made up of people in a similar position to yourself. The website below may be able to give you an insight into what is available:
You may have done this already but it may be worth you contacting your MEP to see if there is any pressure that they may be able to put to help push your situation forward.
If you follow the link below you will be able to find out who your local MEP is:
Again many thanks for contacting the European Consumer Centre for Services, should you be looking to purchase services in the EU in the future please feel free to contact us and we will be happy to advise you further.
Best regards
Jane
Jane Negus Executive ECCS hosted by the Trading Standards Institute | 1 Sylvan Court, Sylvan Way, Southfields Business Park, Basildon, Essex, SS15 6TH | T: +44 (0)8456 08 94 94 | F: +44 (0)8456 08 96 00 | E: eccs@tsi.org.uk | W: www.ukecc-services.net
The European Consumer Centre for Services. Delivered by the Trading Standards Institute. Funded by the Department for Business, Innovation & Skills
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Published at 1:16 AM Comments (0)
Paying Solicitors for Deposit Return Action
Friday, January 21, 2011
There are people who have managed to successfully reclaim their deposits by taking legal action on their own. This can be quite costly though and many people feel bad about putting more money up front when they have already lost money. The amount of money can be quite substantial, say between three to ten thousand euros depending on the solicitor. (It can be cheaper to go as a group but we will talk about that in another blog soon.)
There is also the real risk that you are not successful in this action too so clearly you need to lower this risk by getting the lowest fee you can. At the same time, there are good and bad solicitors so there is really no point paying cheap money for someone who is not going to get a result for you!
So the message is simply to shop around and compare prices but get the solicitors names from recommendations from those who have been successful in reclaiming their deposits. Common sense really but not carried out by many (including me to my cost in the past!).
However, remember that it is not only the solicitor that affects your chance of winning the case, it is also the situation you are in contractually. And the more difficult it is from a contractual point of view then you really need a good solicitor and these are going to be the more expensive ones generally.
I have had good and bad solicitors and this always show in what is left in my pocket at the end. Don't treat the solicitor selection phase lightly! Not only can it lose you at lot of money but it can also lose you a lot of time as legal matters in Spain take an Age to sort out. And it will only be after three of four years that you realise you have wasted your time and money on the solicitor you went with when it becomes apparent that you are not going to get your money back through the action they have taken on your behalf. You can bet however their pockets are lined nicely!
There are some solicitors I would use again and some I certainly wouldn't. You can find out a lot by searching their company on the internet and finding out what forums are saying about them. If you need a solicitor and are really stuck for someone let me know and I can recommend a few for you to look at but contact me direct for that. However, the best thing is that you find someone who has been successful in getting deposits back on your development already who you can talk to about your specific situation.
kingofspain999@googlemail.com
P.S. Check out my sister blog by clicking the link on the bottom right of the screen under ‘Interesting Links’
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Published at 1:30 PM Comments (0)
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