Did SJ sue over these aligations ?

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19 Oct 2008 12:00 AM by julie anne Star rating. 1103 forum posts Send private message

Just came across this article from the Round Town News it is from way back  May 30th 2008  it is quite damning surely if there is  no truth in these alligations SJ would  have sued .Does any one know if they did or are the allegations true.If so should we have taken this double  pronged legal route to protect ourselves or were we to busy being persuaded tha all would be well . Makes you wonder if we have protected ourselves enough from this company .


San Jose Developer Leaves Investors up a Creek Without a Paddle

L
ast week, Costa Blanca developer giant San José Inversiones y Proyectos Urbanísticos SA filed for a court protection against its creditors. According to court records, the company is approximately 30 million euros in debt.  Their developments, mostly unfinished, include El Pinet in La Marina village, Albatera Golf and Santa Ana del Monte resort in Jumilla, Murcia.  Anyone who has invested in an off plan property, basically must add their name to the creditors list in order to try to retrieve their money. The company blames the current state of the economy and the fact that the banks have withdrawn their commitment to the building projects, in particular El Pinet urbanization in La Marina, for their current financial crisis. In an interview with Everyday Spain, Oscar Ricor, a lawyer based in Torrevieja who is organizing a class action suit against the developer said, "From our professional point of view, the most effective strategy to be taken would be to combine two separate kind of legal actions; firstly, to take a lawsuit against the builder and its administrators through the criminal courts for fraud and illegal misappropriation.  Bear in mind that the buyers are not in the same position as an ordinary supplier who might claim compensation as a result of unpaid invoices.

 

"This means that the money paid to the builder has a special nature and, according to the Law, it is considered as a special kind of deposit.  It means that all the deposits paid should have been suppported by 'bank guarantee' and kept in a separate deposit account. "The builder used all the money for their own personal purposes and subsequently all this money is gone...the builder has been using the external frame of a limited company in order to conceal illegal activities.  This is why the criminal lawsuit should be combined with a civil court bankruptcy process, taken in Alicante. "It is highly advisable to use the legal services of a local professional solicitor such as ourselves, because at the end of the day both lawsuits are going to be dealt with at the Alicante Court ( the civil process for bankruptcy) and Orihuela or Torrevieja ( for the criminal one). "We strongly believe that with the combination of both lawsuits, the client will be able to increase the chance of a higher amount of compensation (capital + legal interests + moral damages). This is independent of the fact that this unscrupulous builder might end up in jail as a consequence of stealing all this money from innocent, elderly people, like one of our current clients for example, who put their life savings into this project and now have been obliged to survive in a caravan." Obviously there are many legal complexities to this case that have not been possible to cover in this interview. If you need help with this matter, please contact Everyday Spain. 




This message was last edited by julie anne on 10/19/2008.

This message was last edited by julie anne on 10/19/2008.

This message was last edited by julie anne on 10/19/2008.


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19 Oct 2008 11:51 PM by joanniemac Star rating. 241 forum posts Send private message

Hi JA, looks like we could all be up the creek without a paddle!! Cheers Joanniemac




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20 Oct 2008 7:56 AM by martinbrothers Star rating in Worcestershire. 278 forum posts Send private message

It seems that many Lawyers have advised this, and in some cases have already filed in this manner in both Courts.  It would appear that a while ago when mine told me we were going to file in two diffferent Courts for two separate claims that this is what he meant and why.  I just hope it was money well spent by not delaying.  Only time will tell.  Im sure some will think I jumped and paid out too soon for Court proceedings, and Tony I thank you for your concern about my finances,  but Im feeling a little better about it now - if it produces this special creditor status.  Im speaking to him later today (I cant honesty say I take everything in as they all have a different way of explaining the proceedings and use slightly different terminology), but thanks so much JA for the info.  I know it's not good news but it's real.  I have always used the SARC reports to ask questions of my lawyer (via email - cant afford to speak to him all the time!), and he has dismissed their spin as just that.  There was only one way to attempt to deal with these unscrupuous people and that;s through Court and be an absolute pest.  I hasten to add that was my decision and dont expect anyone to necessarily agree.

They have to know you mean to follow through legally because they are relying on people giving up or supporting their drivel.  

Sorry to be negative first thing in the morning I just Want My Money Back.

Sal



  

_______________________

Sal



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20 Oct 2008 9:09 AM by joanniemac Star rating. 241 forum posts Send private message

Morning Sal, the trouble is we have conflicting advice from all our lawyers. No one knows which is the right course of action to take. As they say you pay your money and you take your chance!  I`m with you, I`m not going to give up trying to get my money back. How SJ hope that people will just give up fighting for the return of their deposits is beyond me. It`s not as if we are talking about losing a tenner or two! Glad your in fighting spirit this morning, dont let the b******ds get you down! Cheers Joanniemac


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20 Oct 2008 10:00 AM by arlene2804 Star rating. 127 forum posts Send private message

JA.


Course it's true as Tony/Almuedena keep telling us their is no monies in a seperate account as per the legal requirements 
 
QUESTION WHERE IS THE MONEY from our deposits?
ANSWER  If SJ/HdT MOVED THE MONEY THEY HAVE IN EFFECT STOLEN FROM US
 It's to the law we must look for resoulation

Shame there is no hard labour left in prisons nowdays.

Regards


Arlene




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20 Oct 2008 2:44 PM by briando55 Star rating in Yorkshire. 1982 forum posts Send private message

Arlene

The simple statements are often the best and right ones.

Thanks for the brass tacks way of looking at it, i agree.

Also.....if the builder agrees to the failure of contract and decides to support the bank guarantees being paid out.......and the banks say no to paying out.

Ask yourselves who is in charge of the bank accounts and what gets paid to where who and what.  The administration may appear to be dealing with the banks first, the company second?



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Best wishes, Brian

 



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20 Oct 2008 7:59 PM by jillyg Star rating in Deepcut, Surrey. 57 forum posts Send private message

Hi JA,

Thanks for placing the article on the thread.  Im'e with all those that are not going to lay down and give up. We must keep going and fight for what is right.

Kind regards

Gill

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G S Gee


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Previous Threads

Myths, Legends and the land inbetween. - 23 posts
Lawyers - 0 posts
APOLOGIES TO ALL - 8 posts
Moneycorp - 11 posts
LAWYERS UPDATE 16th October - 36 posts
News from my lawyer - 10 posts
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Spotted in Jumilla - 2 posts
SARC update 14 October - 5 posts
SARC Report 2 October thanks to Linda and David - 36 posts
LAWYERS FOR IWMMB. - 80 posts
Inversol - 2 posts
San Jose Property For Sale - 65,000 euros - 22 posts
Why is there no proof that the money was there in July 2008 - 9 posts
Open questions for Tony - 11 posts
Tony Talks Tosh - 4 posts
Anna please take me back - 11 posts
SARC meeting with Almu - 2 posts
IWMMB - but still want a house - 30 posts
update on those with bank guarantees - 46 posts
We are all on the same side?? - 7 posts
The SARC dream is over - 0 posts
NO MONEY IN THE POT SO HOW DO YOU GET IT BACK? - 30 posts
Land Ownership - 5 posts
Mischief 2 - 12 posts

7 posts were found:


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