Car hire Alicante - any recommendations ?

Bless and I wasnt even joking... bought them in Matalan today 'Foster Grants' no less 2 for 1. I'd left the darn plastic labels on the front... thought I'd gone senile at 48!

Nite all.. god help us all.. I run a business too boot!  Must get some sleeps soon. Just read an email from my Lawyer's secretary.. we have some news of some sort tomorrow.  Im still going to show  to a Director of SJ when I get good glasses to recognize him tho!

Sal

Hi all

Just to let you know that we have put our faith, and dependence in Martin at Abolex Lawyers.

He has been very helpful, ( with FREE advice on this forum ! ), and very reasonable, ( in my opinion ! ), with his charges, as laid down in Spanish Law guidelines, which have been fully explained too !

The downside I can see in all this, is that if......and it's a BIG IF......at present we are going to get any, or all of our money back, it could take up to 2 years to sort out !! Whilst this time is eeking away, a lot of us who have borrowed against our assets over here, ( i.e. re-mortgaged to release equity in our property ), are still paying interest in that time !!

We, like many others, were hoping that our place in SADM would have been completed, ( May 2008 ), and we could be looking foward to making plans to sell up over here, and have no mortgage over there !!

You know though...........we are great believers in fate, and everything happens for a reason !!

If it's not meant to be.......then it's not meant to be !!

We've all still got our health, ( I hope I speak for others too ?? ), ( maybe not our sanity ), and what's the worst thing that can happen...........they can't lock us up.......cos' we've done nothing wrong.
They can't shoot us..........we've not killed anyone.......YET !!

Que Sera Sera..........and please don't think I'm being flippant here, cos' I'm not !!

I'm just as worried about all this, as the rest of you !!

I would still love my dream house in the sun...................but................am I gonna get it ??........at SADM ??........who knows ??

We'll all just have to wait and see..........won't we ??

Night all !!

Hi all

Now that someone has stated the lawyer they are using, just to add the confirmation to that statement and to show its not an advertisement!!!, i thought i would add some comments as well.

We decided after talking to several lawyers, to place our trust in Martin at Abolex also.  Please take into account the fact that the only things that have happened so far are fairly simple...............!!!  Im happy that we have made the right choice and we are able to communicate (without pestering him).

The fees were given in accordance with local law school fees and he explained some possibilities of the action and the things we must do to protect ourselves.

The message i suppose is....if you havnt got a lawyer yet....get sorted out.  Be wise in who you choose.

Also dont get Martin 'too busy', just busy enough.!!

Brian

I posted this on Annas forum so am posting it here also.

I mean no disrespect to Lawyers in general. It is how they make their living it is the system.  I also respect both Martin of Abolex and Maria de Castro for the help and advice they both have given for no charge and largely in their spare time.

I have not yet engaged a lawyer.  Oh my god you might say.  I have taken the time to look, ask and read everything I can.  Including legal documents. I have emailed lawyers and spoken to even more. As I live here and speak a reasonable amount of Spanish the time limit was not so important as I can go to the court with the documents myself and then engage a lawyer afterwards.
 
Having read the article in CBN.  The thing that stood out for me was not land expropriation or Water (which is not an issue unless something has changed, Abellan has negotiated, bought in water, through a direct pipeline which as far as I know, which will serve the Jumilla town community for a number of years, but thats a different matter) but the fact that

"According to Antonio Navarro, president of promoters’ association Procosta, Grupo San José is negotiating with several credit institutions in order to carry on with the Santa Ana del Monte scheme.
 
He said: “The viability of the company depends partly on this scheme.”.

this should be a major concern for all, whether you want your money back or want your house. Which takes me back to the lawyers.
 
In liquidation, in my eyes, there is conflict of interest with lawyers who will take a percentage of the monies recovered (not all are) there is also a question of lawyers earning more money if there is a liquidation situation. They earn more in fees and to top that , one would have to wait anything up to 5 years for possibly only a part of the deposit back and face a hefty lawyers bill to boot because unless one is a special or priviliged creditor one is classed as an ordinary creditor and one comes way down the list when it comes to being paid out.  Unless you have a valid bank guarantee.  In which case the bank becomes a creditor and still gets paid back before we do.
 
Then because the licences are in the ayuntamiento someone will come along with a lot of money and buy the whole thing and start selling all over again when the market picks up again, as it will.  We would have been paid back (albeit a percentage) and the lawyers get new clients all over again and one would have no rights to the properties with the new owners.
 
No matter which way I look at it.  Upside down, back to front and which way.  If the site is not built and SJ go in liquidation everyone, even those that want there money back is a loser, except those with valid BG's and lawyers.  So everyone should, at this stage, want their house built.
 
I will though at the end of this week engage a lawyer to protect my credit. 

Let's face it we know of only one person who posted on here they have a valid bank guarantee
I do know of one other who has no date on his 
so those of us who hold a bank guarantee which is out of date, the way I see it is we  are in the same situation as those without one

A bank guarantee should not have an expiry date on it.  In the eyes of the law (for what that's worth) the expiry date is ignored as it has no legal substance. Having said that, I would question the validity of a BG with an expiry date on it.  

Most banks are refusing to pay out on the valid guarantees, but I guess thats to stop the floodgates opening and forcing people to go down the court route, minimising the amount of payouts they make.  I think its about time the courts fined the banks and forced them to pay costs making people go down this route.

To be honest, and I can see Linda Needhams point about conflict of interest, in that Lawyers (Bar the few on here, who've proved themselves invaluable) will benefit from the liquidation process.

I can not see a good end to any of this.  We stand not only to lose our money but to pay more on top in the process.  If San Jose are allowed to continue that's all well and good, but what if later on down the line they run out of money again as the recession becomes worse.  This will happen even if they are allowed to continue and people who want their money back go through the litigation process for breach of contract.

I really hope we hear some good news soon,  and I mean soon.  Why all this takes so long I'd be interested to know.  Is it to give people chance to get next months paycheck to pay the next round of fees,

Yours cynically,

Steve.

Hi Linda

Thanks for sharing that and its an interesting post.

One of the things i have been trying to discover is, has anyone been paid out yet on a BG.

The problem i wrestle with is that if a BG has been cashed, it takes one customer out of the deposit equation.  That means the whole scheme would be 'downsized' and would be less of a prospect to build......wouldnt it?

I am thinking BG payout equals liquidation because the cards are then stacked against a profit margin for the builder.

What do you think?

Brian 

Don't know whether it is me or Linda Needham you refer to but in my .opinion I think the owner of San Jose should be shot at dawn and I volunteer to pull the trigger

lets face it he did not manage his funds correctly

I am living above their offices and intemd to do as my contract says live here unitl my house R4 333 is built i must admit I do have footings in place so could pitch a tent !!!!

Steve
I think we are all aware legally bank gaurantees do not have a expiry date but mine definately does and I have a copy of Shents Bg which also has expiry date. How can you fight a corrupt society

Forgot to say it is GAL posting on dave's computer

This message was last edited by Laird Dave of Lochaber on 7/8/2008.

GAL.  The High court set a precident some time ago. The end date has no significance.

Briando.  No it doesnt because of the price that was paid for the land in the first place.  peanuts way back in 2001/2 at SADM it was rural land.  To give you an example of what I mean, David will kill me but we paid the equivalent of £18,000  in 2001 for our house and it was on urbanized land which made it more expensive, a dump then but the same dump today would cost you somewhere in the region of 280,000 - 512 square metres before you have done anything to it to make it habitable.

and I only know of one person that has been paid out on a BG long before all this administration came into being on a tulipan.

I represent a large number of buyers of Santa Ana and must say that we think there's hope.

The special account where the deposits were sent is nearly untouched.

Now the work for us, solicitors, is to prove the amounts really paid (the lists show lower amounts because they've take off VAT) and getting the deposits back fast and clean.

Don't forget to send the documents showing the payments you've done urgently to the Court.

And keep in touch. I think all together can make a bigger pressure.

Best regards.

Emilio Lucas

Emilio

Thank you for re-iterating a lot of whats been advised already, regarding the I.V.A, our contract clearly states that I.V.A will be calculated upon 'final' payment, what are your thoughts of our position regarding this.

darren