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We have not completed on Vista De La Rocas due to financial constraints and have obtained monies held by our solicitor in Spain.
We are now trying to recover some, if not all of the monies paid to the developer via OVP. Having contacted OVP to request a copy of our signed contract, we have just been informed that they never received the copy sent to the developer for signature!
Not only is this rather odd, but surely releasing client's funds to a developer without a jointly signed contract is unethical?!
OVP have now advised us to contact the developer direct to obtain a copy of the contract. Doesn't sound too hopeful now does it?!
Any suggestions would be greatly appreciated.
Jon
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Hi Jon,
We are in the same situation as you. We also did not completed on Vistas de la Roca. We tried to get our monies back from the developer Zyljen via our spanish lawyer. Unfortunately, the developer has informed her that they have no record of us or any payment from OVP for us.
It just gets better. OVP do not have a signed contract for us either.
Our lawyer is is convice that OVP still have our money. We now just have to prove it.
Where abouts in the UK are you?
We are in South Devon.
Regards
Cassie
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Sorry for butting in as I'm not on this development but cant you go to the Fraud office? You have handed money to a UK company and presumably have proof of payment i.e. bank statements etc.
Dont let the b******s get away with it
Laura
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Apparantly fraud is a difficult crime to prove, particularly when you are dealing with a diiferent country and developer!! We have forwaded copies of all our transfers of cash etc to our spanish solicitor and hope this will suffice.
Only thing that concerns me is that how can there be a breachof contract when there is no contract?!
After having to suffer O*Ps frequenct cries of ' We are only an agent!', if our money has reached them and gone no further, what sort of agent are they? All justification as a middleman is null and void as they ahve retained the proceeds of a sale.
The plot thickens and my stress levels reach boilin point!!
PS: Cassy I have pm'd you in case others are watching!
Regards,
Jon
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We are in a very similar position, we are pursuing the developer for breach of contrcat. The developer has given our details to someone to pursue us to complete and then when we try to cancel they say "we have no contract with you and OVP have not given us any money" -I am afraid the only way to getto the bottom of this is to take them throughthe courts. On the GArdens of Manilva site teh developer says that teh deal with OVP was thet tah money we paid OVP would be given to the developer on competion, I beleived it was held in a bank guarantee until that time as this is Spanish Law, however it appears that theis bank guarantees do not exist!
I have placed this entire mess in the hand of Maria at Costaluz Lawyers and hope to see some of our money back at some point in the future.
We also used Conveyancing UK -Spain, as reccomended by OVP, they stopped trading this week, and have vanished, so where are all our documents. This evidently was a scam we all fell for from beginning to end!
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Has anyone tried to contact OVP recently as when I phoned last week instead of the receptionist answering with Ocean View Properties, it is now Longdon Hall Buisness Centre.
This was using their direct line and not the 01803 'expensive number they normally give'.
Up to this point I have usually been able to get to speak to someone I have asked for, but last week there was nobody available.
This message was last edited by kernow24 on 11/17/2008.
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Think you are probably right as I tried to phone again today and could not get through at all, just an automatic recording saying "all our operators are busy at the moment, please hold on until one becomes available".
After holding on for 3/4 hour, still the same message.
tried several times and had same message.
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Like others on here I have found that my contract was never signed, and the developer is saying he has not had the deposit. After 4 years???
Thanks to reading this message board I have contacted Maria at Costaluz Lawyers, and just hope that something may come of it.
However, as OVP have now gone into administration I presume there is little chance of getting anything back.
Good luck to all.
Peter
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Peter
It may be that we have to take action against the individuals to recover some of the monies though I suspect that they have even their personal wealth well hidden..!
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See following news:
Oceanview Properties International Ltd
The Official Receiver is conducting an investigation into the collapse of Oceanview Properties International Ltd, and a letter to creditors has been sent out with a request for all relevant information.
Staffordshire Police, the Serious Fraud Office and the City of London Police have been working closely with the Insolvency Service in respect of allegations made concerning the activities of the company and its officers. Further meetings between these agencies have been scheduled to review the findings and consider any evidence of criminal conduct within the UK.
Any creditor wishing to register their claim with the Insolvency Service should provide their details prior to the creditors meeting to be held on 5 June 2009.
They can do this either in writing to The Case Administrator, The Insolvency Service, Public Interest Unit (North), 3 Piccadilly Place, London Road, Manchester, M1 3BN, or by ringing 0161 234 8469 or by e-mailing piu.north@insolvency.gsi.gov.uk <mailto:piu.north@insolvency.gsi.gov.uk
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08 May 2009 12:29
joey123
Apartamento
I've made 50 posts
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As an another conned OVP "investor", in Estepona Beach and Country Club, my personal view is that I will be telling the Insolvancy Service my deposit was never to be part of the trading assets of OVP (which according to OVP when trying to get us to part with my money was the case) but was to be held in a designated client account until the planning permission (build licence) was granted. They did not do that so have basically stolen my money as they do not have it to return it. So I suggest if the same applies to you make sure you resist being listed a creditor as you will be getting bugger all from the liquidation but ensure they know the truth and ask them to investigate said company and director and shareholder together with the police and get some justice even if it is just a bit of time inside and all assets seized - of course, they have done nothing wrong really as they will tell you till the end of time.
Although they did get the "licence to place the site hut and to start scrapping the ground" - what a load of sh*t - as accompanied by the wonderful Disney news and picture of Mickey Mouse. Gullable - maybe - lied to and conned - absolutely.
Hound them, Tell the polce. Tel the Insolvancy Service what has happened. If they have done nothing wrong they have nothing to fear. Tell Ted Jeory at the Sunday Express. He likes OVP stories.
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07 May 2009 16:54
joey123
Apartamento
I've made 50 posts
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I had one from The Insolancy Service. What is the one from Mazars about?
Does anyone agree we should not accept being listed as creditors of OVP. The money was never to be included as part of their trading assets, but in a designated client account (bonded/escrow account or whatever). If you accept you are creditors you are perhaps not helping your case. My view is the money was misappropriated (maybe taken) and should not have been. I would make a point of this to the Insolvency Service.
Who will be a the creditors meeting anyway to make a fuss?
Joey123
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This message was last edited by joey123 on 11/05/2009.
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