Spotify and Enya

Hi

The lawyer discussions are spread out on various threads.  

Now the administration process is coming into an important phase i wondered if a thread just for lawyer questions, shared experience, help and assistance etc may be usefull.

Some people may end up with good lawyers, some with bad, some with rip off's, I thought shared experiences could be better than lone ones,.......and we can perhaps make sure the lawyers are up to speed before it turns into an even worse experience.?

Brian

Sounds like a very sensible thread !  We are waiting to hear in the next few days from our Lawyer/SJ Administrators  as to whether we can transfer to Playa Golf.  Fingers crossed to end this trauma soon !

Sal and Martin

Hi
Ta

Since i last posted i learned from my lawyer (Martin/Abolex) that outr name is missing from the SJ creditors list, which is worrying.

Watch out for that whoever is reading......make sure your on.

Sal and Martin.....when i sort out my own initial problems with the creditors etc i could do with some advice about transfers to other sites, we are on Albatera and it sounds like that site may be a problem!

Brian and Lesley

Brian & lesley , Sally & Martin

We have fellow neighbours here that have both experience of what you are after. Albatera, one neighbour has been waiting an extremely long while for it and they have been informed it probably will not happen now and are pushing to get their money back rather than opt for another development. As with Jumilla, Albatera is away from the coast and amongst the mountains and unfortunately, is covered by a conservation agreement which is so legally protracted, it will take a lot of money to try and get through....which we all know is in short abundance at the moment.

as for Playa Golf, the word here is only under extreme circumstances are the Administrators allowing the transfers of properties to go ahead. two couples here have opted to do the same however the administrators are halting all contractual actions until they can gauge how bad the situation is. There is no timeframe as to when they will be allowed to transfer and for now are staying put in the properties they currently reside in.

as for the lawyers, common practice here is to obtain POA then you are tied into whichever practice for the duration of the proceedings, standard anywhere to be honest and wise to undertake. However, it is wise also to find out what their terms of payments are. Some ask for a high deposit to undertake the action, so ask for a 50/50 split, our asks for 4 installments. I would always suggest payment upon completion, and they are acceptable to suggestions based upon your own circumstances. i.e, we are quoted 6000 euros (happy to share that info) so we need to stump up 1500euros immediately. I'd rather not !!!!!! I know of others that have been quoted 8000-10000 euros with large deposit payments up front, so always check the best rate and what you are getting for it - minimum representation in all courts through to the European Courts of Human Rights should it ever get that far. Hopefully everyone has at least POA now.

Darren

 

Thanks for that Darren.  Our position at the moment is that we ARE on the Creditors list (phew) and Alicia was unavailable to speak to yesterday when a decision was due by the Administrators on our case.  Our Lawyer hasnt asked for a penny todate and we have agreed (his suggestion) that IF the transfer goes ahead, we will pay his fee upon completion.  We will certainly do as you suggest if it goes the other way and we have to go the Court route.. Your advise is always most welcome Darren.  If you hear anymore we'd be delighted to know good or bad.. but definately feet on the ground to face either route now.

Take care and thanks

sal and martin

Hi Sal/Martin

You mention the administrators making a decision on your case.  Im not sure i understand what you mean by this, any chance you could give a brief explanation of that?..ta

Also are you the Herrada or the San Jose admin.

Hi Darren......yes its been a long time waiting for Albatera,  Tonymal said San Jose stated they are going ahead with the development, I dont really believe a lot of San Jose spin at the moment and i am feeling if the licence was to be granted, it would have been by now.

As is the case by developers, the deposits placed on one site is used as capital on others, which makes it difficult for me to understand the 2 different administrations.  Then again with me not put down on the creditors list, i get suspicous that the answers are becoming obvious.

We wanted to stay on Albatera for the very reasons you said, its on the edge of an area of natural beauty and a bird sanctuary etc.  Part of the reasons we were prepared to wait, we didnt realise we may have been taken for a ride until now.

The lawyer fees were laid out for us before we took the decision of our lawyer, the lawyer seems to be a good choice.  We had changed 1500euros to allocate initialy for our lawyer and sent that across, it wasnt demanded but we wanted to make sure we were represented.  Some of the fees put down on here by others seem excessive, as an understatement!!!

If we are eventually placed on the creditors list our lawyer offered to send some cash back to us......we will have to see how it pans out in the next 10 days or so.

Brian/Lesley

Brian

the office below work directly with Albetera clients and i will find out any updates of info for you and PM them across. All I can say at this time is both El Pinet & Santa Ana were given the green light but Albetera remains somewhat of a challenge to them.

regards
Darren

Much obliged

Any information would be good......although after almost 5 years i have lost the will to see it through on a 'maybe next year' basis so its a case of an alternative strategy for us, understandably.  I think the administrators will have some sympathy as well.....is my assumption.

I wonder how the office are dealing with the Albatera customers in the current circs.  I wonder also why im not on the creditors list, Javier is saying hes coming back to us today with an answer......we shall see..

Thanks for the info

Brian

Hi Briando, your question of how in terms of the Administrators being able to make the decision on our transfer was very valid.. guess what.. no one knows and SJ contact unavailable..

We were told monday was key.. hey ho its now wednesday!

sal and martin

Oh, sorry to hear that.

After i posted details of a poor response i had had from San Jose on the want my house site I had a very public message from Javier at SJ.  He said...yes you are on the creditors list, 

He also told me i shouldnt be complaining about not being able to understand his written English.

Guess what...my lawyer still can't find us on the creditors list......i asked Javier why, he has gone quiet again.
..
I think to transfer you would need another contract, wouldnt you?  If so i dont think San Jose can produce contracts, they are under the management of the administrators as i understand it?

Im not sure i would trust anything they said to me at the moment

Brian

Hi Brian,
We asked about people moving their depoists to an other property and were told it had to wait for the administrators to decide what to do. Re solicitors.................................at last fund one that appears sensible, speaks English and does not want me to take out a mortgage to pay his fees. total cost 1200 and will do the credit list before getting  POA, which will cost 90 and take 1 hour. 
Re your contract check which company it is signed by.

I know things are up in the air at the moment but I have been phoning Spain ( not literally ) and I am getting positive feedback .

All the best to you all and good luck to every one!

Tony R17 18     I W M H

Need more than luck at Albercete at the moment, you'd also need a mop and bucket as the whole place is under a metre of water from the last few days storms. Totally washed everything out...............hey, could dig a run-off ditch to Jumilla for the golf course....shovels ready anyone !!

D

Tony

Please could you clarify what the 1200 covers and whether this is sterling or euros. 1200 to cover the lot probably tells me that you havent done your homework very well as no-one knows what "the lot" yet consists of and I would be very worried about the skills of a solicitor who cannot appropriately cost their own time.

Regardles of whether the amount is right on the creditors list you still have to have your interest registerd by a solicitor via POA in order to participate. Given the timescale then this should already have been done or nearly completed by owners. Will he chase up the difference between actual and registerd in this payment also as certainly in mine there is a clear gap and I know of some where the difference is as much as 50,000 euros

This is not a game or a search for glory. There is a chance(a strong one) that many people could loose significant money. Tony if you are still looking round for solicitors quotes then you are even more foolish than I give you credit for.

I would find it more probable that you re being quoted 1200 euros for the registation process only in which case the fees are high

However please let us know the name of this fantastic solicitor an we can check it out. Does he have many fish and loaves also???????

hi sarah,
    the charge is based on the Murcian leagal fee guidence. 
 And the former leagal ombudsman based in Alicanti is so perturbed at what is happening that he may take on the cases for an even lower cost. So there !!!!!

SARC IS DOING WHAT IT IS SUPPOSED TO DO  THTS ONE AIM SORTED COSTLY DELT WITH
brianmags

Again you give no actuals but talk nonsense and I would say that you have not met anything like one aim. If the cost of 1200 something is on the murcian legal fee guidance what does this cover exactly please. Please give us the insight of your work that you have done. If you have found that the whole work will be covered for 1200 something then I would gladly apologise and support.

As No-one knows yet what the process will involve then how can fees be put against the total charge. Its a ridiculous suggestion.

If your lawyer friend is considering doing this for a lesser fee isnt it about time he made up his mind as the clock is ticking?

Everything would seem to be ifs and maybes and there is enough supposition around without you adding to it

therefore please give me your solicors name and I will check out. If it is as you say then I will grovel and apologise openly on this forum... and ask for a fish and a loaf of bread.

Hi Sarah,
you have stated below the following statement, please can you advise me who told you this as i have not yet registered any interest as you put it.

as far as i am aware and have checked my name is on the list of creditors and no one has contacted me from administrators or san jose to tell me to do anything else as yet ??


"Regardles of whether the amount is right on the creditors list you still have to have your interest registerd by a solicitor via POA in order to participate. Given the timescale then this should already have been done or nearly completed by owners"

Hi

SARC IS DOING WHAT IT IS SUPPOSED TO DO  THTS ONE AIM SORTED COSTLY DELT WITH....bring back Javier's written English, i dont understand it......(read that as humour please and Javier thats a joke ok...!).

It is getting really late in the proceedings to deal with the legal aspect thinking 'maybe i will get a lawyer'.  If there is anyone reading this who is sitting on the fence considering hiring a lawyer my advice is simply talk to one and decide quickly.

 I am as prone to panic as anyone is, which you may see from some of my postings, the lawyer is my ally in this campaign.  I have used one from this EOS site, i talked to a few before i made a decision to hire.  There are at least 2 on here i would gladly hire to represent me.  (Martin at Abolex and Maria Castro are very good people but they can only deal with a workable case load i would think.....contact them and talk).

I would be nervous about being so far away from the administration process without representation, i dont think i would be happy at this stage to take someone who i dont have some testimonial information about.  I would not hire someone just because they are cheap.....i have bought a few cars on that basis, but i wouldnt advocate hiring a lawyer like that.

What is also going to be interesting is if the fees will be recoverable as a debt from the administration.  If so the law fees laid down will play a part in that?.  perhaps

Regards   Brian

for your debt to be formally agreed and recognised within the process then there are forms which have to be completed and submitted. My understanding is that these should have been sent by the developer to people but that they need to be completed in spanish. In any case so far as I am aware this has not happened and many of the details held on file are incorrect as well as the amounts registered. Your lawyer who has POA will register your involvement in the case on your behalf. I do not understand the consequences of not doing this as I have ensured I am legally covered but think if people arent they should pursue

Hi sarah,
i am a little confused by your answer to my question. where did you manage to get a copy of the process from could you please share it with me via a PM. i have not given POA to my solicitor to register my interest in court yet as no one has told me to do this (should i do this ) ??

you mention that the developer should send the information out but i have not received anything from them yet ??

please can you share with me the info that you have.

Hello Dave

I have not got a written process it is simply what I have been told by my legal advisor but also echoed through the legal people on this board (ie Abolex and Maria) I believe the court has asked san jose to communicate directly with their customers in English. I have not had anything and non of my friends have either. Besides which it would appear many of the details are incorrect. I understand however that there will be registration documentation that will need to be submitted back to the court in Spanish. I have already been registered with the court through the process from my lawyer who has POA and has done so on my behalf - obviously in Spanish.

If you have not signed over a POA then you would need to do so or speak spanish to complete the necessary paperwork and register with the court. My understanding (and I have not checked this fully as having legal cousel it does not apply) is a ruling for one will not automatically apply to all and you have to have registered involvement in the process. That is why I state if anyone is just now looking for legal representation they are being very optimistic or not fully realising that to not do so could be very silly.

I understand that the court has asked Herrada del Tollo to provide evidence of the separate bank account in which it kept owners funds. It has to do this by tomorrow and we shall then see how the process pans out.


This message was last edited by sarah12345 on 6/12/2008.