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07 Jul 2008 9:36 AM by briando55 Star rating in Yorkshire. 1982 forum posts Send private message

I found this on the front page of EOS this morning.....to share with you all

Hi All
 
I don’t post often, because when I do I usually get told I am talking Cr—by certain sections.
But then I thought “why should this post be an exception!”
It must have occurred to all by now that ever since we signed and paid our 30% it’s been jam tomorrow. When I signed there was a three month period where if SJ did not get planning permission I could have my money back + 6%! Of course they got planning permission so that part of the contract could never be invoked. (We now know they didn’t really) then it’s been work to start soon, golf course nearly landscaped, seniors tour golf scheduled for 2008! Reparcelisation, you name it, of course when warning voices sounded they were sent packing by the “I’m fireproof I have a Bank Guarantee brigade.”  And you should know your Spanish Law! That’s a laugh Who does?
    
So now we know we are all in it together mainly because we broke the first law of business which states:-
“If it’s too good to be true then it probably is.”
And that’s face it was. Houses on not one golf course but two! Quality homes half the price of those on the coast, built by a so called respected developer. Hook line and sinker.
 
On travelling through Alicante airport on the concourse a notice read.
 
If you have come here to visit and enjoy, you’re welcome,
If you have come here to build and destroy your not welcome 
 
This was some two years ago and I only mention it because I have always thought this was where ALM was coming from, “the anti development movement” his purpose was to create alarm and dissention, but in the end he didn’t need much help.
 
I don’t have much advice except the following
 
To the I’m fireproof I have a bank Guarantee brigade “Don’t hold your breath”
 
To the I don’t have a bank guarantee but are waiting for the administrators to make up their minds about what are going to do with the money they found in the mysterious account which turned up when the president was threatened with arrest. “Don’t hold your breath”
 
To the I want my house disciples. “Don’t hold your breath.”
 
However I do have a cunning plan:-
Each year we all turn up at Santa Ana at the summer solstice sit on our concrete plots and break open a bottle of Vino. I know the man from deepest Suffolk will because he has often said that’s where he could be found, on one of the many terraces of his Casablanca! Call ourselves the “Santa Ana Summer Solstice Sect” Throw in a rock band, charge an admission and we just may be on the long road to recouping some Euros
 
A news item from the Costa Blanca News, which includes El Pinet. I have a house not five minutes from Pinet, they have no habitation certificates, building work has been in a stop go situation since 2005, and in my opinion El Pinet should have been San Jose’s jewel in the crown, but what do I know?


_______________________

Best wishes, Brian

 



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07 Jul 2008 2:37 PM by brianmags Star rating in London. 380 forum posts Send private message

Hi Guys 
  Might be worth knowing the Title of Briando55's  last posting

Light Hearted Look At SADM
Monday, July 07, 2008 @ 9:14 AM

Hi All
 
I don’t post often, because when I do I usually get told I am talking Cr—by certain sections.
But then I thought “why should this post be an exception!”
It must have occurred to all by now that ever since we signed and paid our 30% it’s 

So Brian we are now posting a lighthearted blog as a serious one what is that you say Bunkun bunkum bunkum



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07 Jul 2008 3:00 PM by briando55 Star rating in Yorkshire. 1982 forum posts Send private message

I think its spelled bunkem

Whenever the golf course is completed maybe even get changed to bunker.

What part of it was not light hearted then, did it have to be said.  Or maybe i am starting a new sect called the santa anna summer solstice group as the article says.

Course its light hearted, i thought it was funny anyway.

_______________________

Best wishes, Brian

 



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07 Jul 2008 3:23 PM by brianmags Star rating in London. 380 forum posts Send private message

Hi Briando 55 
                Sorry just run ragged at work two new emergencies only one bed at the momment why not include the title and give my heart a rest any way off to another hospital on transfer now. next time please say if in jest just to stop my blood pressure from rising to much
Brianmags 


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07 Jul 2008 3:47 PM by briando55 Star rating in Yorkshire. 1982 forum posts Send private message

Ok Brian  no offence

_______________________

Best wishes, Brian

 



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11 Jul 2008 9:33 AM by joanniemac Star rating. 241 forum posts Send private message

Briando55  on Annas site a woman has posted this morning that she has been paid out with her BG. She didn`t get any interest added but with the exchange rate working in her favour she accepted the cash rather than go through the courts. Cheers Joanniemac


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11 Jul 2008 9:44 AM by martinbrothers Star rating in Worcestershire. 278 forum posts Send private message

Morning Joanniemac,  that must be music to some people's ears today.  I dont know that site.. can you give me the full title?



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Sal



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11 Jul 2008 5:22 PM by auntielinda Star rating in San Miguel de Salina.... 646 forum posts Send private message

I think it is the same as it always was when I last posted there some 19 months ago www.santaanadelmonte.net

_______________________

Great Auntie Linda

 



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11 Jul 2008 8:33 PM by martinbrothers Star rating in Worcestershire. 278 forum posts Send private message

Thank you, didnt realise it was 'anna' thats all .. now I know

Still marvellous news for the people paid out tho



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Sal



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28 Jul 2008 10:52 AM by stanley and Janet Star rating. 10 forum posts Send private message

Hi All
Just to let you know we have got our money back using our bank guarantee. Our solicitor informed us about four weeks ago that she had recieved the money but we were afraid to say it out loud until it was safe in our account (I found out this morning its safe and well in Northern Ireland) We did commence the process at the begining of March and it has taken until now for it to be resolved
I hope this is the start for everyone to get what they want money or house
Good luck
Janet


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28 Jul 2008 11:00 AM by alantracey Star rating. 156 forum posts Send private message

Well done Stanley and Janet

Gives the rest of us some hope

Tracey


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28 Jul 2008 6:33 PM by taxiparrots Star rating in Deepest Suffolk. 149 forum posts Send private message

Well done Stanley and Janet.It looks like Darren owes you a free holiday also as your Bank Guarantee has been executed. Its really excellent news.



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28 Jul 2008 6:40 PM by auntielinda Star rating in San Miguel de Salina.... 646 forum posts Send private message

 Glad for you as you obviously had a premonition and  started the process prior to administration but that is good because it now mean 2 people have "cashed in the BG" just sorry we didn't do it in June 2007

_______________________

Great Auntie Linda

 



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28 Jul 2008 7:52 PM by ella Star rating. 10 forum posts Send private message

Weve been told by our solicator that the courts are not letting the banks pay out yet or if they even will. Can they do this?


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28 Jul 2008 9:19 PM by stanley and Janet Star rating. 10 forum posts Send private message

Hi Ella
I dont know about this as we had started the process in March although the bank paid out about 4 weeks ago we have only recieved it from our solicitors (this was to do with difficulty with banks)
Auntie Linda believe or not one of your posts helped our decision when we were offered such poor compensation for the delay in buid and either yourself or Dave had posted that you were  happy with yours although you werent at liberty to make public the terms we thought they SJ were playing unfair and no matter how many times both our agent and solicitor tried they (SJ) wouldn't budge on anything but pre installation of aircon. We certainly didnt see this coming no crystal ball 
I dont know which bank our BG was with as I have never seen it , it did have an expiry date which was Sept 08 
I hope everyone gets sorted I really do and you can all put this behind you
Good luck
Janet


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28 Jul 2008 10:34 PM by julie anne Star rating. 1103 forum posts Send private message

Hi Janet
 Soooooooooooooooooo !   glad for you the nightmare is over and you can get on with life. I really hope things work out for all of us. . Although I do think the crucial point is that you started the procedure  early before SJ went into admin and obviously had a  good lawyer with your  best interest at heart .  I think it may really help some of us if you were able to let us know which bank or company your BG was with and even if Justin does not mind who your lawyer is .  It is so hard for people  to choose  a decent lawyer as there is not much to go on in any country in the world  except recommendations of  previous clients who have had a good experience and outcome . Anyway enjoy  ! for you this bad experience is over . I wish you only good in the future . Thanks for sharing your good news. JA


This message was last edited by julie anne on 7/28/2008.


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29 Jul 2008 2:02 PM by cathien Star rating in scotland. 14 forum posts Send private message


Hi All

our Bank guarantee was with BBVA and was executed on the 13th May after San Jose went into administration. We were told they would pay out straight away but not with any interest. Our lawyer did pursue them for the interest but they just ignored his burofax we then tried again but with no luck that's when we decided to take back the money we paid and forget the interest.

When we found out about SJ we asked our lawyer if that affected our guarantee he replied and told us that as the Bank signed the guarantee they would pay us the money.

  
Regards 

Cathie

_______________________
Cathien


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29 Jul 2008 7:11 PM by Chrissie1 Star rating in UK. 384 forum posts Send private message

Chrissie1´s avatar
Janet

Nice one.  At least there is something positive going on.  Your Lawyer sounds llike they were on the case.

Chrissie  

_______________________

               
Chrissie   


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06 Sep 2008 11:32 AM by ella Star rating. 10 forum posts Send private message

Interesting article.

Consumer organisations and buyers have complained to the bank of spain, which claims it has never had this type of complaint before IE: banks not paying back money under bank guarantee's.

Bank of Spain is preparing a report for release in september, that criticises the pratice of certain banks . They are looking into some cases, but the conclusion is that some banks have not behaved diligently.

Those lucky enough to have a bank guarantee are finding the banks are using the company's status under administration as an excuse to delay paying out . This is not a valid excuse , according to Fernando Herrero , vice president of the Adicae association of bank users.

"THE LAW IS CLEAR. If the conditions of the guarantee are satisfied, execution is obligatory, regardless of the situation of the developer.

So are we being led along the garden path of our solicators in that they are saying the courts are refusing the banks to pay out?


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