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I have a Spanish solicitor working on my behalf to try and recover 38,000 euro's paid to the builders.
At this present time my solicitor cannot find any information or establish any contact with the builders even after sending two registered letters to the builders quoted address. He can also find no trace of any bank guarantees and no record of planning permission,it would appear no building work has started and may not ever start.
My solicitor is carrying out further investigations on my behalf in order to legally resolve this matter,if anyone else has had similar problems or has any relevant information it would be good to hear from them through this message board.
regards
briwal61 This message was last edited by briwal61 on 10/23/2008.
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In my opinion with the documents I have now from my client, I understand most of the customers should sue PROGOFER CALIDAD S.L. as they are permanently in a breach of contract and are not guaranteeing the payments done.
We have sue them through a civil action, and I understand that others have started through the criminal way.
One or the other I understand should be started in order to get protection asap.
Please do not hesitate to contact us if you have any queires.
Sincerely,
Pedro Heredia Ortiz
info@pellicerheredia.com
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Hello Pedro,
Thanks for your response, can you confirm if PROGOFER CALIDAD S.L. have the funds to pay the 2 x 6420E deposits back first please?
Also I understand the builder doesn't own the land according to the land registry, is that correct please?
Regards.
Thanks for your rapidly e-mail.
Our legal fees will arise to 900 € plus VAT each file, so will arise to a total 1800 € plus VAT (to claim 12.840 €). It is not included Court runner fees which may arise to 300 € for both files. Notice that we will apply to the Builder our costs to be paid by them.
In case you want to instruct us to start a civil action we will apply you 50% of our fees and the rest of the mentioned amount will be applied during the proceeding. Apart from said, we will need to have the following documents:
1) Original contract duly signed.
2) Certification/receipt of the payments done; Transference/cash (original ones)
3) Communications (fax, e-mail, etc..) between you and the builder.
4) In case you are not in Spain, we will need you to sign a Power of Attorney with a Public Notary in UK.
In the meantime if you have any questions do not hesitate to contact us.
Yours sincerely,
Pedro Heredia Ortiz
Hello Pedro,
Thanks for this, I and another of my colleagues purchased at El Balcon.
Can you help me, my current solicitor informs me that PROGOFER CALIDAD S.L. have no funds to pay the 2 x 6420E deposits back, is this the case?
If they have the funds, how much is your service to get the 2 x 6420E back please?
Thanks,
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Hello briwal61,
Am I correct that your Spanish solicitor is Pedro Heredia Ortiz, if not who are you using please?
I did send you 2 x PM, not sure if you received them....
Thanks
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Here's the rub.
Many posters on this and other forums slag off their agents.
Yet when the agents saw through this sordid mess, and arranged for legal letetrs to be issued recommending withdrawal from this development, as the developer had lied to all and sundry why are we still in November 2008 and people are waiting for their money back.
Why would an agent lose a perfectly good sale by telling clients to pull out if the rat they smelt in March and April was not very smelly.
Why did people carry on regardless
Did you believe the smokescreen coming out of developers office?
Some large corporate / multi office / national advertising type agents are a little too shady for most, but they represent only about 10% of the market, the vast majority of agents are hardworking, honest and endeavouring to work hard for clients
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I agree, once (good) agents (like ours) understood what was going on they withdraw from promoting this development and did issue letters recommending not to buy here. I understand El Balcon are still promoting their site, is this correct? I am waiting for a response back from them directly and as to what there future plans are for the site. Is anyone still looking to buy there/have purchased since April?
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Hello Pedro,
For some unknown reason briwal61 (see below) is not able to answer my question on if he is dealing with you or not, be good to know so can you confirm please.
Also are you connected in anyway to each other?
Thanks.
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This development will never be built!
They don´t have any money....They dont own the land....They don´t have planning......They don´t have bank guarantees
The development they were promoting at Alhama has been closed down by the council and posted as illegal on all council websites etc.
The site is overgrown and no one at the sales office!
It´s a scam!!!!!!!!!!!
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Hi, many thanks for this important update.
Pedro is this true, when were you last at the site? How far have you got with other cases so far here?
izzy999 would you have expected mine and other solicitors to have done this the most basic checks before confirming that all was in order and OK to buy here, did yours?
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Sorry izzy999. you are correct, if you want legal information I will give it to you.
I just wanted to give you more information, but I can see that is already from eos which I have not seen. In the claims I represent, we know they do not own the land, we know they do not have licence (not even planning projects) and they do not have bank Guarantees. We do not know if they have money or not, but in the meantime the claim is already in progress (civil action) and we will start a criminal proceeding once we know they are run out of money (from hundreds of purchasers). I just represent a few claims.
We are still on the begining. None of you should have made any payment unless simultaneously they give you a bank guarantee, and I understand that some of you even applied for the services of a Lawyer. This is the only way you guarantee this problems, and of course going to Courts do not guarantee that you will receive the money paid, but now I understand is the only way to go ahaed againts the builder.
Pedro Heredia Ortiz
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Sorry Caprice for not answering your e-mail but I have been away on business.
The solicitor I am dealing with is Carlos Baos ,his contact details are as follows:-
Carlos Baos,White-Baos Abogados,C/Diana 19, 2 D, 03700 Denia(Alicante) Tel +34 966-426-185
I am going out to Spain on the 7th- 12th December to visit him and discuss wher we go from here.
Regards
Brian Vaughan
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