A resale purchase

Hello Briando,

Sounds like we know the same people ref the refund, i wont mention names but i must phone them soon to see how things are going, if they had received the money by now they would have let my husband and i know that is for sure.

This is why i am pushing for my house and why we transferred

FAR

Hi Far

Yes it will be the same people and it sounds like they dont have the money yet.

Im with you and many others on a best resolution to the problem.

Our preference is

money back, followed by money back, followed by money back....then i would pick transfer to El Pinet, because you sound like good chaps!!.....then i would reluctantly have what they threw at me..........which does sound like the most likely.

Good luck....

Brian

Hi Briando 
 happened to notice that when I was on anna's site afer you asking on here about the emillo meeting  that there was a briando on there not you is it? just wondering
brianmags

 Brianmags     So what if it is the same Briando ?  I am not sure I get where you are coming from unless it is you guys having a joke about the acusing Anna of being Alm incident . I think Briando and Anna made up long ago. 
I think it's good for us all to be on many forums .  I have found a few new ones this week , perhaps we should all share info about the different forums we all use . It may help us to get more info especially from  the Spanish ones it is useful to  compare notes if only  to see if their info and legal route is different from what we are being advised to do . 
Although in saying that I get fed up trawling through all the sites I visit especially just now when there isnt really going to be any real news at the moment. 
The only recent news I have had  ie in the last 24 hrs has been from people I know who live in El Pinet about  what is happening there re the build activity etc . It is going to be a bit of a waiting game know matter what you want I'm afraid.  JA

Hi JA 
       I believe that i asked briando not you I was just curious as i use the same tag and so do you whats up it asking it might be someone else. dont see a problem with it as i could have said helo to him don't like to call someone nly to find out that they are someone else you know that feeling seeing someone in the street and call them only its not them all thats left is sorry just going a bit daft thought you were some one else and then they look at you as if you have two heads. no didn't want that to happen
regrads 
brianmags

Hi Brian

Yes twas me, i joined yesterday after the link came to me from someone on here.....i wasnt fully familiar with my way round it but i noticed you had posted on there.

I was looking for inspiration..........!!

Thanks mate If i see you there Igive you a tug
brianmags

Hi All just to update everyone
we have been awaiting confirmation from the administrators about content of Linas report and our comment and have now reloaded the report which I believe that you will find  is more indepth sorry but had to be sure that what we legaly OK on this
brianmags

Brianmags  
 I think most people will look at us all now as if we have two heads .We bought a house in Spain and got shafted  ( I am pre empting your reply   NOT YET we haven't !!!!!!!!!  )  any way I understand what your post meant now  - just curiosity - 
ps if you only wanted Briando to answer you should have PMd. You know me if I can chuck in a tuppence worth I will. at any cost 

 I have been thinking really  hard  about where you guys are all coming from and I understand it a little better now . If getting your house was possible it would be better  than a 4 year court battle  no one can disagree its not that I don't understand where you are coming from I just don't agree that it is achievable . I wish it was   .  I just pray SJ are not as corrupt as I perceive them to be but I fear they are .

 

 

Hooray JA, you now understand where the guys are coming from. I have posted on this site as have others that all we want is the best possible outcome from this situation, be that house, transfer or money back, whatever is the quickest and most cost effective route. At the end of the day we might end up with no choice and no refund, or very little back. However we have to try to get the best result that we can under these very difficult circumstances. Cheers Joanniemac

There is so much I want to say about the whole thing, but perhaps for another day.

We know that what is happening here has happened before and will happen again.  Until, that is, people actually make a stand and start to affect the whole process.

I understand where Tony and Brian are coming from and that is the path of least resistance, but still in hope rather than certainty.  I would have liked to have seen their efforts channeled down the European Court route rather than asking a shark the best place to swim.

You only have to look to see who is to blame and who comes out without any scars.  The Spanish Law continues to fail people like us and yet it is their legal system that profits the most.  The government, for not putting an end to these practices, yet at the top of the creditors list.  The Banks, for not carrying out due diligence and refusing to pay out on legitimate bank guarantees, but 2nd in the creditors list.

As a former Union rep for a company that turned over it's staff in a way that you wouldn't believe, I know that those that sit in their Ivory towers will lead you to the edge before pushing you over.

Regarding the meeting, I was hoping to see in the report from the meeting, a package that would have not only satisfied those that want their house but something that gave back some respect to this company and those involved.  Was anything discussed about the interest you will have lost over the time since they took your deposit?  I know that by the time they build your house most will have lost in the region of  €13000 interest on a €50000 deposit alone.  Not to mention those who took out UK mortgages to finance this project.

They could have written everyone a post dated cheque that could be cashed in after the contract date had expired.  Yes I can see you all laughing at this.  But you get my drift.  Something that they give back, something concrete that will help you sleep easily.

The bottom line is that the law must change in Spain and yes,  you can blame the credit crunch, but it does not account for the illegal practices and misinformation  that has been given by all involved in this process.

To everyone involved in taking action in whatever form, be it for your home or your money, KEEP IT GOING!! despite sticking your head above the parapit it will be the benefit of us all and to those yet to come.

Steve.
IWMBMB  NOW!!

Hi Steve that was a good post.

I feel that the laws are there but the ethics of the legals/banks can be called into question.  Some good ones out there but how to find them, its like lottery.  (somebody can probably sue me for that comment).

I also feel that part of the reason this situation has arisen for so many companies in Spain is because the Government is trying to stop the corruption.  Its  long and slow process and has to start somewhere and the autonomy of the regions does help the situation.   So many arrests of mayors, council workers and police up and down the country.  Ayuntamientos not wanting to issuing licences because of this situation.  Needing to dot the i and cross the t over and over again.  The credit crunch  and  EU money all play a part.  There needed to be a correction in the market.  Bit like weeding a big garden and then it grows all over again.

At the meetings there where many questions that could have been asked but I dont think the answers would have been forthcoming at this time.  Personally I  thought,  go slowly, open the dialog, put a name to a face.  None of us are just creditors on a list, we are real people with differing issues and differing problems caused by this situation.  If the dialog can be continued then specific questions can be structured.  Tony is out at the end of July again.

Who knows maybe, with support, these guys can get to the European Union.  They definately have the energy and the will.  Maybe at the end of this they will also have enough info, gained over a period of time (when all this is finished, possibly in 5 years time) to make a difference in that arena.

Hello Redman,

San Jose has 80000 euro of our money for 4 years now so i am not a happy bunny to say the least.

I agree with a lot of what you are saying, i could near enough smell corruption 4 years ago after my very  first visit to spain but was accused of all sorts for thinking it. I went ahead with it to please my husband because it meant so much to him.

The way things look to me you have Tony & Brian who are good enough to put in a lot of their time and own money to help people like me who want to try a bit longer to get their house. No one is forced to join their campaign but i for one am grateful for any help they give me even though i am a purchaser at El Pinet.

There does not seem to be anyone campaigning (correct me if i am wrong) to get the money back ie a group of people similar to sarc
As you say you were a union leader have you thought about leading a campaign for the people who are obviously feeling left out

My own situation is that our house is nearly completed with tiling even been started inside, for me i can only make sense of San Jose finishing the house and getting the rest of the money for it. To try and get the money back and look for something similar elsewhere 4 years on is going to cost me big time so i have to stick with I WANT MY HOUSE


FAR

good morning each.  For me the  one good thing that has come out of this fact finding mission, which I really thank you for Brian and Tony, is the opportunity to really think hard about what these people have done to us all.   We cant get away with the fact that we have been treated as fools which we are certainly not.  Its inspiring to see  that we are all now starting to debate again and focus on how can we all get what we want. House, Transfer, Money back.   I dont want to find myself in a position of being forced (by the Administrators or certainly not SJ), down the route of 'you'd be best to stick with us' because its going to 'cost you more in legal fees'.  Its corrupt and unfair and I would support anyone and any campaign that fought for our basic human rights.  

Hope im not off in 'sally land' but ive read the new notes and made a few more observations now that ive read the up-dated one this morning as I want to make the right decision this time for my 96000 euros.  I try and say it quickly but it sticks in my throat...

Looking at the time frames that are now suggested for those that choose to continue (which they recommend):

'decisions and agreements with would be lenders MUST be in place and agreed by the end of Oct 08 'approximately'- So will be Judge hold off all decisions until after approximately end Oct.? Then they say 'Probably' we will be asked if we want to retreat or complete. - ok

Then  - 'new continuation contracts will then be issued with a Bankers Guarantee as the Court will require it and completion date' - ok

Then - 'a minimum of half the 1600 currently committed is required to continue the project' - ok -

Given all this happens - We have to be now at least January 09 before we even get asked ' retreat or complete?' - your choice clients - we still have your money anyway. What do you want to do?  I would anticipate the Courts would set a deadline to Register - say 30 days like we have to register as Creditors?  Ok into Feb 09.

If we chose to complete, at the worse they have to now write and distribute 900 new contracts, obtain Valid BG's, our Lawyers would have to read them etc etc etc. - our cost for the second time in 4 years.  We have to look at say another 2 months for this to happen?  Personally, I think we would now be April 09.

The Project begins and all hands on deck - 12/15 months plus 3 month contingency -  At the very best with no problems/delays - we would have to be into Sept 2010.  For me its the same spin as 3 years ago.  Only this time they have to answer to a Judge thank goodness.

Is this Forum back on track - its pleasant to read support/debating on an adult level again.  We do rely on these Forums for Information - like it ot not and  to hear support other members who want to continue, why shouldnt they AND for those that dont without having to switch sites is Brill!  Equally for  those of us who really really dont want to/cant financially  wait another 2 1/2 years  for a property then anything we can think of to speed this up - European Court whatever - lets get behind capable people who might be able to help.  Im not going to wait unless forced - there must be something we can do??  

Have a good day each - its my day off and my  dogs got her legs crossed and my wellies in her mouth ! 

Sal

Has any or all of you posted off your ORIGINAL documents to the lawyers?

Hi KayT, We sent all our original documents to our lawyer a few weeks ago. We took copies of all documents and had them notarised when we were doing our POA with the notary, that way they are legal copies. Hope this helps.Cheers Joanniemac

Kay T

Yes we have sent off the original Purchase Contract to our Lawyers in Spain and Proof of Payments and POA and Hague Apostille, the latter is only required if you do your POA outside of Spain.

Regards Chrissie

I decided to send copies. 

If this causes a problem then I can take the originals to court as Alicante is only 45 minutes from here.  They were not notorized as I ran out of time and the notary I went to in Jumilla would not do it.  A longish story.  I picked up my POA on Tuesday.  In Pinoso.  It cost me 47 Euros, which included 1 copy.

I have also sent the originals but had copies notarised in my local UK notary. i also sent them via DHl so that they could be tracked.

By the way kay,
it does also say on the meeting notes that copies would be acceptable