fiscal representive.

Ive just been if touch with my solicitor, who informed me that building work should begin again shortly but cant give me a date of any kind (surprise surprise) I asked what I could expect back in the way of money if we decided to drop out. We have been buying since September 05. She informed me that I wouldnot get any of my money back until the contract was broken by the builders, (october 07). I said I expected to loose my deposit but could I have the rest of the money paid (37.000 pound) refunded but was told that I couldnt until next October and then it would take at least 4months for this to be sorted out. If the builder broke the contract and didnt get finished on the contract date I would get all monies paid in but no interest.  I still havent had a bank guarantee for any of the monies paid and am fed up of asking for one.  Can anyone give me any advice on this please

Hi we are in the same situation, we bought in sep 05 we were told that our tarifa would be finished july 06 by the agent , but as we signed the contract we can't do anything about it.We asked for our money back and they told us 09/07 when the contract ends , we still have no B/G, when we have been promised several times, its just one big joke but they assured us our money was safe and building was going to start very soon hope this helps.

Hi Alfie

Quick question, your £37k - who is holding this, Huma or the solicitor?

Hi Ellie

Our money was sent direct to Huma`s Bank in Murcia. last October and we haven`t even received a Bank Guarantee for this even though Ive phoned my Solicitor many times requesting one.

Hi Alfie

Oh how frustrating, we are lucky that the solicitor still has ours and we are in the process of getting back so it can sit in our account and gain interest and not theirs like it has been doing for over a year.

One thing that I have learnt is that if the solicitors can get away with not doing something they will. The only way we got them to agree to give us our money back was by threatening to go over there and cause a disturbance, then surprise, surprise we could all of a sudden have our money. What is most annoying is that they should never had been pushing for our money in the first place because the license problem was already happening when they were chasing.

It's a sad case but you have to be pushy and you have to be persistent. If you haven't had your bank guarantee then start calling everyday like we did and tell them that you are going to call them every day until they give them to you and if you have no luck after around two weeks of calling every day threaten to go over there, they seem to do things then.

It's a pain, you shouldn't have to do it but sadly it's the only thing that seems to work and lets face it, this is no text book transaction, it's a lot of money and we have to look after ourselves.

Just in the remote case Alfie, our money got sent direct to our solicitors bank account - Aldea. I know that they initially told us it was going straight to Huma but it turned out it never did - not sure if the solicitor told you it was Humas account or if it was from the horses mouth so to speak?

Good luck!

Hi 1968Ellie

I'm a little confused.  Maybe I've missed something (I usually do), if I'm reading your post correctly, you say that you have chased Huma for BG's.  How could they provide BG's for money that your solicitor is holding?

 

Mick

My solicitor after several contacts to Huma had to take them to the Court.

Finally we had our bank garanties

So it will take time to get the garanties,

Regards

Fred

We waste lot of time using the agent recommended solicitor,

So get an independent one as we did as soon as posible

Regards

Fred

Does anyone know whether we can execute our bank guarantees after 18months? If so, how long will it take to get our money back?

You can only claim back monies paid 25 months from signing the contract. At that point Huma are in breach of contract.

Max

Sorry for correcting you, but did you mean 24 months after paying the first stage payment?  As the contract states delivery 18 months (+ 6) after this payment.  In my case, as there was a 2 month delay in Huma receiving my first payment (due 1 month after signing the contract), I  have to wait 27 months in total before Huma are in breach.

 

Mick

Quite correct... sorry that I didn't clarify my answer more fully. As you state Mick, a wait of 18 months + 6 months grace after first stage payment is received either by Huma or your solicitor. In my case 25 months before I can quit and claim a refund of monies paid (62K).

I bought (signed contract and paid £2000 deposit) in mid Oct 04 and followed up with my first stage payment mid Dec 04. My bank guarantees are all up to date and  I have made 2 stage payments - my 3rd was stopped by my solicitors when trouble loomed and building works ceased.

As 25 months have passed (mid Jan) I can now legally claim back all monies paid to Huma.

Max

Hi Max

I am in similar position as Huma were in breach of contract 30th December, and I have been waiting and waiting but think I will pull out now.

Have you been told how long it will take to get your money back

Karen

I have been waiting over 4 mouths for my money back from Huma enough is enough so i have instructed my solicitor to take Huma to court. I think this is the only way to get your money back.

 

Bertie

Hi Tricky (Karen)

About 3 months for the refund according to my solicitors. I have no idea about whether interest will be added... and frankly I've reached a stage where I don't care.

After 25 months of "wasting my life" and getting older I just want out.

Max

Can someone please tell me have huma actually got the building licence. Because everytime I tell my Solicitor that they must be in breach of contract for selling property without a licence she insists that they have one.I have asked to see a copy of this licence but she said it is about 40 pages long and I am quite at liberty to pop into her office to see it. Also still no Bank Guarantees for money paid which again is written into the contract as being sent out 8 weeks after first stage payment but to no avail. I read a message on this web site stating that due to the fact that Huma didn't have a licence the 6 months extra didn't count when I pointed this out to my solicitor she said that was not true as the hold up wasn't Huma's fault but the Governments. Can anyone clarify any of these queries for me please cause I seem to be going round in circles. I think my solicitor is working for Huma not me.

Alfie

This is response I got from Parador properties yesterday

the plans for Almanzora Country Club have already been agreed in principal between the local and regional authorities.

All that is now required for work to restart is the formal approval of the plans by the head of the regional authorities, the Junta of Andalucia.

We are now in the final stage of the process towards construction recommencing and we hope to have more information for you shortly.

Tricky

That is good information to share with us all. Many thanks. Fingers crossed.

Alfie

Allegedly, the developer has never had the full planning license. They did have a provisional planning permit from the council when they first started building in 2004. However, as we all know, they had the 'plug' pulled by the Junta who wanted to approve the plans which apparently were changed from the original plans anyway. So telling the developer to stop building by court order should not have been a surprise to them !

 Like so many other developers they have learnt the hard way. Unfortunately we are caught up in the mess.

Anyway, we move on...............................lets see this all resolved a.s.a.p.

Cheers

 

I can also confirm that the information i received from parador a couple of days ago was that the lic was in place and that they were awaiting a phone call from huma confirming that they would be returning to site!

In addition i was advised that the facilities on site would not be scaled down and that the development would be as promised!

After a comunication with my solicitor they contradicted the information from parador stating that 'the Junta of andalucia had not yet given there final approval therefore  the licience is not yet in place??'

I feel though that it is only a matter of time before everthing is sorted and work will restart,soon very soon i hope!

Thanks everyone for the information. Lets hope things get moving soon.