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Just been reading a very helpful article on what you are able to do if you are worried about having no Bank Guarantee. I cannot post a link as apparently you have to have made 10 posts before EOS allows you to do this.
So, go into Google and type in the following ; Is Litigation against Spanish Developers Worthwhile ,and the first one on the page is the one you need. It is written by Marbella Lawyers.
Regards,
annie1
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In general, I agree with that article,and consider that you should go to litigation.
Very specially IF YOU DON'T HAVE A BANK GUARANTEE. Then, you must sue Huma as soon as possible (after, of course, requiring them through Burofax or a Notary Public),.
IF YOU HAVE A BANK GUARANTEE, you should first try to get paid by the Bank/s (we've executed several guarantees from CAM and Banco de Valencia regarding Almanzora Country Club, and they've been attended). If the banks pay, you can follow on suing Huma for the non-guaranteed amounts and interests. If they don't, you can sue the bank together with Huma.
_______________________
E. Lucas
Read my blog
http://www.eyeonspain.com/blogs/lucasasociados.aspx
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I have 2 bank guarantees for 2 staged payments. I have received money back for one pmnt and will shortly be receiving the 2nd.
I had to sign power of attorney and then my spanish lawyer sent bureaufax. It took about 7 months from signing POA before I got 1st payment returned.
Are you saying that because I had bank guarantees that POA and bureaufax wre not needed and that all my lawyer had to do was to take guarantees to bank.
Marilyn
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In addition to previous post - is it worth suing for deposit of 3000 euros plus legal interest. After paying barrister and lawyer would there be anything left for me.
1st pmnt made in July 2004 36000 euros. paid back to me 2 weeks ago.
2nd pmnt made in Dec 2004 24000 euros. to be paid back to me this week.
Deposit paid June 2004 3000 euros - still with Huma
What could I expect to get back when the lawyer and barrister has taken their share. And what if we sued and lost would this be throwing good money after bad. I understand that lawyers and barristers want thousands of euros up front.
Marilyn
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We too would like to know if its worth suing for 6000E - we had written it off, put it down to experience etc. One solicitor told us it would cost almost that to sue so we havent bothered but would appreciate anyone else's comments/experiences etc.
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www.freewebs.com/casaella
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Prior to June 2004 Huma were taking €11 000 as the first down payment. I know several who paid this amount - which is worth taking legal action for. Don't forget to add ALL the costs you have encurred like flights, hotels, legal bill, then compensation and interest. It all adds up then..........When Mr H see's the € claim apparently he is trying to settle prior to a court date !
With a BG we did go direct to the bank (Banco Popular) to execute it a couple of times and each time they (fobbed us off) said that a lawyer must do it or a notary. One reason for this is it has to be legal (apparently) to prevent fraud ! Hmm !
The way the Banks are currently acting with refunding BG's (or not ) will worry people in the future about buying off - plan. If banks don't honour B gaurantees or take forever to refund, what future safe guards has anyone got with the money pay. ------ A very short sighted move by Spanish banks as confidence in buying property off plan is erroded even more.
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Maybe Emilio from Lucas associates could answer these questions. Looking back it was not asking enough questions that got me into this mess and trusting people like Parador. I doubt that expenses like flights and hotels could be claimed for so maybe he could answer that one, and if we sued and won would Huma have to pay barristers and lawyers costs. What if we lost would it be no win no fee. What money would we have to pay up front to barristers and lawyers.
Marilyn
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KarenDavid - we also paid 6000 Euros and have written it off due to costs. Would appreciate a legal reply on this - have pm'd to Emilio and hope he gets it.
Thanks in advance.
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My opinion is that you have to work hard to earn 6000 €. And I also think is not fair to let Huma "save" the 6000 € from each buyer, that all added make a big amount.
So, my answer is YES. I'd sue Huma for 6000 € even if the costs take a part of that.
You could perhaps make a "buyers club" and study a joint action.
In any case, once you sue them, they should be condemned to pay the claimed amount plus interests plus legal costs (lawyer+barrister).
On top of that, and answering marilyn53, your lawyer did the right thing: get your POA (without it is impossible to act on your behalf), claim the banks through a burofax, and get paid. Perhaps I should have taken legal actions before instead of waiting 7 months for the payment, but just think that a trial gets longer than 7 months. So, he did the right thing, and get the best for you.
Anyway, once you've sued Huma and the banks you are always in position to get to an agreement and asked the legal sue to be filed.
Best regards to all
_______________________
E. Lucas
Read my blog
http://www.eyeonspain.com/blogs/lucasasociados.aspx
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Hi all.
Is there anybody with Andersons solicitors.I would like to know if they have issued the writ to the courts yet ,I cant sem to get a straight answer and we have no B/G
Thanks
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I am with Aldea. I was told by Sarah Milnthorpe who works there that a group action might be possible and they are looking into it. Is there anyone else with Aldea who wants to sue for the deposit and legal interest.
marilyn
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Hi ,
I would like to know how group action would work! would this push Huma into administration?
I am new at loosing money to Huma, and would like to ask if its better to buy on annother site, at least your money would be in bricks and morter.
Has ACC started again?
Thanks
Bryan
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Acc will hardly be done.
It's illegal, and the regional government (Junta de Andalucia) doesn't seem it to be legallized by including into the PGOU (Urban Plan) of Cuevas.
And, in my opinion, changing to OTCC or MCC is a bad option. Off plan in general is a bad option because there's plenty of properties finished on sale at very reasonbale prices because of the market situation.
_______________________
E. Lucas
Read my blog
http://www.eyeonspain.com/blogs/lucasasociados.aspx
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Can anyone give a valid reason as to why some banks are stalling on paying out on BG when they have all the legal paperwork that is required. Have asked my solicior via email , He must be the most popular lawyer in Spain at the moment because just lately whenever I telephone him he's either in with a client, out with a client, in court, due in court, on the phone, just popped out, honestly they are such obvious lies. I think that somewhere along the line, someone has told the Spanish Professionals,ie lawyers, agents, developers, mayors etc ,that if ever they tell or write the truth, a dreadful curse will fall upon them.
Regards,
P.S
Does anyone know how to make a voodoo doll
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Well, banks are banks.
They'll pay as later as few as they can.
If they are playing with you, just sue them together with Huma.
Best regards.
Emilio Lucas
P.S.: There's also good professionals in Spain
_______________________
E. Lucas
Read my blog
http://www.eyeonspain.com/blogs/lucasasociados.aspx
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Timing is not good.
All banks are caught up in the so called credit / cash / crisis etc etc.. They will hang onto anything for dear life so as not to errode profits too much.
Banks also only pay out a maximum per month on BG 's (so we heard) it dpends where you are in their pecking order for a refund.
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Hi Everybody, my first posting as I'm new to EOS!
Maralyn, I too am with Aldea but wont be for long as I think they have Huma's and Paradors interests at heart so I'm changing solicitors. Not sure who I'm going to use but probably Andersons, a bit more expensive but seem to ge the job done (I hope).
Theres lots of talk about suing Huma but I wonder if a mass demonstration outside their office might be appropriate, would they be bothered about bad publicity in Spain??????
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