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I have received today a PDF copy of a collective insurance company guarantee for the first phase of OTCC which included our Tarifa [ 32 units]
It is issued by Vitalico Seguros , dated 29/05/2008 and runs from 01/01/2008 to 31/12/2009
As you would expect it is in Spanish but relatively easy to understand but I am still awaiting information from Spain to make sure that it does give us the guarantee we all want
Huma have told me that they are now arranging individual guarantees
Anyone who wants a copy please get in touch
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rowlandsbb,
You only have to read the posts from people on this website to understand the stress, upset, heartache and worry Huma have caused by selling properties on ACC.
They have then not returned money adding to the stress and strain of genuine, honest buyers.
And yet you continue to sell properties on their behalf to people.
Do you have no standards or conscious at all ?
Why dont you advise people to have nothing to do with HUMA on the evidence of ACC and the fact they are still holding clients money ?
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We didn't trust Huma enough to make a change to OCC and also the location wasn't right for us. We had no bank guarantee but decided the only way forward for us was to take Huma to court. Whilst this I know is a gamble I feel it's also a gamble for OCC even if the properties are built they won't have the value with no facilities.
Despite our situation I desperately hope for those of you waiting for OCC that your dream will come true. It appears that things are not looking too good at the moment and if things do go wrong I wouldn't like to be in Rowlandssb's shoes. He must have influenced decisions made by some people so let's hope Huma deliver. It's in our interest that they do as when eventually we get to court Huma's finances will be in better shape.
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If, you switch to Oasis and you get your property without facilities cos Huma cannot deliver due to a lack of funds and people are not buying because of a general downturn in the spanish market etc, etc.
But you have your property and in the future when the market recovers and the developer then sees a demand for further development,if that developer is Huma or one that has bought the site off the liquidator,, then to sell further units facilities would have to be delivered.
Not exactly the best outcome but never the less a possible good result in the longer term better i think than legal action and the high risk of getting nothing!
Only my opinion.
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If the site is only partially developed - you may not get a Habitation Certifcate. If not you cannot live there legally - though many due - but they could be forced out at any time!. Half of MCC residents are still fighting for HC years after purchase - but they have a strong Owners Association and so many live there without it ok!
Without a HC, it is difficult to sell (and would only sell at a much reduced price - Many units at MCC without HC's have been on the market for 2 years plus with no viewings in that time) and you are dependant on Huma to provide water and electricity by generator!
Did you see the water as MCC was disconnected for several days - because Huma did not pay the water bill recently! There have been problems with electricity and water before at MCC on certain areas on the site.
You can only have direct water/power from the utility companies if you are covered by a HC - until then you are at Huma's mercy.
What would you do if Huma go bust? Pay yourselves for all the roads finishing and bringing all water/electricity/local planning standards up to the local council's level to get a HC. What happens if Huma owe money to the utility companies?
I do not want to be negative -but I have done some investigation on MCC and they accept they will never have any facilities and the Golf course will not happen soon as Huma have appealed after losing and it will take 2 years to decide whether to hear the appeal - let alone another court date. No wonder Huma hide behind the court system - it's full of delays, delays, delays!
If they cannot pay a water bill for MCC - allegedly due to cashflow issues I am told - have they the funds to build OTCC?
As always I hope I am wrong - I truly wish OTCC is ok and exACC people get refunds - but there are so many stories about Huma which remain worrying they need to be aired so people know the facts - alleged or true - and make up their own minds - we have all been conned in so many ways by agents, developers, spanish practices and law - when will it all end? Will we all get our house or money back - or will it always remain a dream (or nightmare)?
I wish everyone at OTCC the best and hope you get your BG you expected at least and the Insurance company is financial stable to pay out if it all goes wrong again.
I would get your solicitors to check that the Insurance company has enough assets to pay out refunds and has no connection to the Subiela family before signing any final contracts - I hate to be sceptical!
John
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I read and noted the posting by rowlandsbb the estate agent/expert in spanish property, 1st aug 2008 he was positive and pragmatic about
Oasis cc and advising people to transferr from Almanzora cc.
His insurance backed bank gaurantees were due any day and he was
sure Huma had ful planning permission this time.
Please post copies of both.............no excuses.........or waffle.........
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I have noticed that rowslandsbb messages carry a lot of MAYBE's and PRAGMATIC,I just wonder what the real TRUTH is from this gentleman!!Oh' dont tell people what to write about roly,it isn't very nice!! Just some thoughts.Kind Regards Bagpuss.
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Philmel,I am glad that someone has picked up on the very BASIC & ORIGINAL BREACH OF CONTRACT.Forget the rest,a breach of contract is the same in any language,EXCEPT ENGLISH.Dispite having sent them all relevant documents,BARCLAYCARD (with whom I paid my deposit) DO NOT consider this whole FIASCO to be a breach of contract,& refuse to give me a refund!! Hows that for ENGLISH JUSTICE ???? One up on the Spanish,or what. Kind Regards Bagpuss.
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Just arrived back from Spain and OTCC is progressing with the show house finished and the Tarifa does look very nice,good finish and well planned
All of the first two rows of Tarifa's are under construction and seem on time for completion by May 2009 if not before [ I am plot 11 Manzana 1 ]But I expect the LFO will as usual take a month or so be issued
Took some photos which I will send to anyone interested
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Here's a thought,Huma have offered anyone who transfers to another Huma development.Not only will you get B/Guarantee's,for what has already been paid,But,they will also transfer the original DEPOSIT,via a B/G.My thoughts are,how come all of a sudden you can have a B/G for all the monies that have been paid to them?But try to get the deposit back with stage payments,in court,or direct from the banks or Huma,definatly not, NO REFUND OF DEPOSIT
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Hi All OTCC buyers
This link gives excellent reading on Bank Guarantees.
http://www.marbella-lawyers.com/articles/showArticle/spanish-bank.guarantees.
Towards the bottom it explains about Insurance company guarantees.
They explain about cowboy insurance companies who are outside Spanish duristriction.
This message was last edited by Ran on 12/12/2008.
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The developer of Oasis is Huma Indalo SL which is I understand a seperate company and seperately financed
Huma Indalo may of course have given guarantees re the loans of Huma Med and may be involved in that way
I would not be surprised if Huma Med [ MCC & ACC] goes into administration, possibly as a result of the probelms over ACC...one of the reasons I changed was because I thought they might!...and the new company was a safer bet!
I have not heard that the MCC probelms have any bearing on Oasis but would welcome any more information as indeed everyone would
Having set up Huma Indalo SL in 2007/8 to give ACC buyers a way out [ & I suspect the owners as well!] it would be surprising if any problems did arise...but in todays world you never know
Quite right: if you do have any worries contact your solicitor straight away
This message was last edited by rowlandsbb on 12/16/2008.
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Thanks JackB for your post. In this difficult situation which all of us caught in the ACC problem face it is good to know that we can rely on the consistency of your posts - usually unhelpful, often misleading ( Huma gone bust - all ACC buyers contact your solicitor - has your solicitor advised of this fact? ) and frequently offensive. This is a very stressful situation for all and it would be nice if we could support each other, regardless of their choice of way out.
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