Spotify and Enya

having re read the thread it would appear that mine has been edited whilst others have been removed completely. I thought the whole point of these forums was to help others I am very disappointed that this information hs been taken from those that may need it or may wish to know an Tony... you would have made sense then!!

Hi Briando,
I have been out and about so I have only just read your comment. What appears to be a strange posting is due to the fact that what I was commenting on is no longer there. Several previous posts have gone, so unfortunatly yes it looks odd but you had to see what ran before to understand the comment.  
All the best to you and yes my marbles are still all there ( I am almost tempted to make a jest at my own expense but enough people do that for me allready.
And stil............I want my House
Tony R17 18

Ha...nice one

I still think i heard plant a seed of fear before though......was it black sabath or someone!!!

cheers

Sounds a bit paranoid to me............

Hi Briando,
I read the bank gaurantee thread and there was some unpleasant info regarding the behaviour of one persons solicitor.  i hope n one else has an experiece like that.
All the best
Tony

Hi Tony

Good that they have a place to share it and learn of other experiences and maybe get some decent advice or find a decent lawyer.

Hi Briando,
I spoke to my solicitor today via the telephone and he has informed me that the 30 days has not started yet and I can give him POA on the last week of July when I am over in Murcia. He said that making sure that I am on the creditors list and the amount is correct can be done without it.  He also has other clients who want their properties and he will represent that  to the administrators.
All the best everone
I want my House
Tony R17 18

Hi Guys

I havent read all the posts on this thread but can any one help me, i recieved an email from my solicitors today asking for £3000 and a form to sign granting power of attorney in this form and email it says it has to be signed in front of a notary? what does this mean? and also it has to be stamped by hague apostille by the foreign secretary? can any one tell me what all this means and what we need to do.  I am ten seconds away from sacking this solicitor.   This is the email i recieved any help will be greatly appreciated.

Many Thanks
Jannine

Thank you for your e-mail from 13^th June.

 

Yesterday, Monday 16^th June I also received the information you gave me in your e-mail and I agree that it is important to register in the creditors list within 30 days after the publication of the “concurso” in the official newspaper BOE. For this purpose I need you to sign a special power of attorney.

 

Please find attached a draft of this power of attorney which authorises me to represent you in legal proceedings. The Spanish version needs to be signed in front of a notary; the English translation is only for your information. You will need to get the original power of attorney stamped with the Hague Apostille by the Foreign Office, and then please send the original document as soon as possible to our office.

 

In order to cover the costs of the legal proceeding I need you to transfer a provision of funds of 3.000,00 € to the following account:

 

Hi Jannine
We have done this already.  The solicitor sends you the Power of Attorney document and you then take it to a Notary.  I think the Notary is needed to prove  you are who the document refers to and the Foreign Office stamps it to say the document is an original true copy.  No doubt someone will advise otherwise if I've got it wrong!  I did a google search for Notary and the town where I live and found one quite easily.  You need to take the POA document, your passport and a recent household bill with your address on to the Notary.  He then stamps the POA and sends it to the Foreign Office for their official stamp.  Once you get it back it gets sent back to your solicitor so he can act on your behalf.
Hope this helps
Julie

PS  Forgot to mention that you usually pay the Notary direct, which will probably include courier charges for the documents to be sent to the Foreign Office in London.  The charge for the Foreign Office stamp is £27

This message was last edited by Julie/Mick on 6/17/2008.

This message was last edited by Julie/Mick on 6/17/2008.

Hi Julie/Mick

Im sorry but i must be the thickest person alive but who is the notary, is it just like any other solicitor in england who does it and sends it away, im a bit worried that sounds like it's gonna take a while and we only have 30 days.

Thanks for your answer it's a lot clearer than my solicitor makes out. cheers.

Jannine

Hi Jannine

A Notary is someone who is authorised to certify documents to be true and to swear oaths and things like that.  I think they are often solicitors (or retired ones) and they are licensed to do it.  The one we used said there was only about 1000 Notaries in the UK so they usually work every day.  We paid an extra £15 for him to send our documents to an agent of his to stand in the queue at the Foreign Office to make sure it was done quickly.  You can go yourself as they have a counter service, if you are close to London it is probably a good idea if the Notary doesn't offer you the same thing.  Anybody can go to the Foreign Office for you to get it stamped.

We haven't got the bill yet so not sure how much it will be altogether, but it's the only way you can get a Power of Attorney done in the UK as far as I know.

Not sure if this helps

Julie

Hi Jannine,
i spoke to my solicitor today and he said that the 30 days has not started yet. He was at the mercantile court on Friday and checked. He also said that he can wait for POA from me until Aug 1st when I will be in Murcia. You are right to get this sorted out but be calm you have time.
All the best to you
Tony

Hi Jannine, You will get a list of Public Notaries in your area if you put it into Google. Thats how we found one in Glasgow. he also notarised a copy of our contract as our lawyer has asked for originals for the court so we now have a legal copy of our contract. He then sent the POA to London by recorded delivery it took 10 days to get back to us and it is now winging its way to Spain as we speak! We paid a total of £117 for the notary.Hope this helps. Cheers Joanniemac

Hi Joanniemac

Thanks for that, i know what it is now i looked on google like you said and found one, i still think im gonna sack my solicitor tho and opt for irwin mitchels, spanish solicitors are all about tomorrow and im not, i want things sorted out or at least them telling me next steps and the process and when we are likely to see our money again etc... and he has done none of this.  it is so upsetting when you give your money and trust to people and they just abuse it, luckily im totally british through and through and say to these people "try it if you dare"....lol

Thanks 
Jannine

Hi Jannine

I have heard that Irwin Mitchell are very expensive?  are you happy with their prices, its new information to me that.

Tell me please.....if you have POA with the current solicitor and you change, is POA transferrable or do you have to do it all again.?

Brian

Hi Brian

Yeah i now know that they are expensive lol.  I spoke to Hazel Mckenzie from irwins today and she was brilliant, she actually said what my solicitor is doing is perfectly normal and doing all the right things, They are also cheaper then what irwins would charge if i move.

She told me people are being given the option to change properties and have done so, but she was very stern in saying bank guarantee or no guarantee, they would not commit to saying they can defo get your money back all they can do is go by the book, and list as a creditor pay more money and basically hope for the best, but i thought she was very down to earth, gave lots of advice, even when i offered to change to them she still said your own solicitor is doing what he should be.  But what a carry on hey!!!

I think you would have to do the power of attorney thing again because on our form it has our solicitors details and names and stuff, so either way money will be paid to either get the names changed or have to do it all over again.

Keep in touch guys
Jannine

Hi Jannine,  saw the comment Hazel made about people being given the 'option of transfering and have done so'...  We have been trying for six weeks and only heard yesterday afternoon that this option cannot go ahead without both companies sets of Administrators approving the Contract and transfer.  We are in the same position as a number of others trying desprately to go this route but simpy dont know yet (although the one set of administrators are very positive about it.. its now  down to others as well).  No one HAS actually trasferred yet as they have been unable to complete so far.

If anyone knows that someone actually HAS we would appreciate hearing from them as would others on the Forum.  If Helen  knows of clients that have been successful since this mess started Im sure my Lawyer would be interested too as he is speaking with the Administrators direct.  Could you ask her to post this certain information  on the Forum for us?

martin

Hi Martin/Jannine

Martin you asked a question i was going to ask, but didnt....!!

Can i add to the debate or request for info about changing properties on the sites or between sites.

The administrators would have to agree the sites that people can transfer from and to, also if allowed between companies because this would change the asset values.  There would have to be new contracts, with completion dates attached.  Who can provide these and with what guarantee of completion?

They would also have to decide who qualifies and who dosnt, ie people in advanced stages of construction, people without any prospect of a build at all, people with highest amounts of money invested?  I wonder exactly how they would apply the criteria or priority.  Who exactly is first in line, it would lead to a bit of a bun fight i think. 

I would be very surprised if the administrators have made any comments on this at all at this advanced stage, wouldnt you?

I will send a question to my lawyer about it, can you do the same and we can then compare?

Brian

I am surprised any lawyer doesn't know that if Administrators are brought in, then the company can not dispose of any assets, and to the best of my knowledge, neither can the Administrator, as what if the company was allowed to continue trading and the Administrator had been allowed to sell off all the assets (taking to the extreme I know).
It will be the Administrators who are in charge of all at present, that is what they were appointed for, otherwise, if a company were allowed to trade, there would have been nothing stopping them off-loading assets, assuming they could find purchasers, as they wished.

Hi

The administrators main objective is to pay off the creditors.

(The transfer of interests, ie deposits, plots etc. on properties within a development is not disposing of assets). 

I have been told by my solicitor that this is something that can be done, then i was reminded that this is the early stages, i will be kept informed of any possibilities that develop as the administrators progress.

In short it seems no-one has transferred plots and no one can yet.  However it is a possibility within the administrators terms.

Anyone know any different please let us have some evidence....cheers

Brian