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Briando and FIN can we stop to remember where this info came from before we give it any credence or ask questions about it .This info comes directly from SJ /HdT we trust them don't we ? They have always had the best interest of purchasers at heart haven't they ? All will be well with your house eventually wont it ? Please are we really asking Tony questions to clarify what has been said by SJ/HdT get real .What does it matter what they say anymore it is all lies .To ask Tony questions about what they have said is ridiculous .Who cares ?
This message was last edited by julie anne on 11/9/2008.
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in terms of spanish buyers.. they are drawing together their own law suit at present and please forgive me for not saying any more. They are far from happy however and I believe there have been many conversations amongst all the lawyers together -English and Spanish)
So please do not listen to speculation that Spanish owners are happy this is rubbish as per normal
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Joannie
What is the likelyhood of any result from HdT and Santa Anna then?
Wouldnt it be a good idea to ask the administration if some properties can be swapped onto the Playa Golf or El Pinet sites for the purchasers at SADM now?
Or is that too simple a solution?
_______________________
Best wishes, Brian
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Briando55,
San Jose remorgaged most if not all of their empty properties some time ago. What this means is they have to sell the properties for the amount they owe on the mortgage plus the amount they owe the purchaser. Hence the ridiculous prices they were asking for previously. It might be feasible for someone not involved to purchase a property at a good price but not for you or I.
One scenario is to wait until they become bankrupt when all their stock will go up for auction, purchase a knock-down price property at auction. As this money will also go in the pot to pay back the creditors (i.e. us) we might even get our own money back (in our dreams). Chances are any money raised will go to the banks first, and there might not be enough properties to go around so we may end up with a farmers field somewhere.
I also feel that as their law and government are partly to blame for allowing these illegal activities to take place under their noses (or with their best wishes) I think they should pay up something towards our costs and compensation.
Good luck to all, and I'm looking forward to the fight at the end. Because I'm not going down without one.
Steve.
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Yes Santa Ana,
We tried to transfer (before we opted to sue), and were told the reason they couldn't sell to us at a reasonable price due to the equity release San Jose had on their properties. One of the reasons why some key ready properties were over 60k more than you could buy a resale.
Regards,
Steve.
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Dont know if its my imagination but i seem to come across more people wanting to sue for money back, than wanting their house Redman.
Thats not in line with the postings or reports from the SARC group. Where do these majority of people wanting their house facts come from?
_______________________
Best wishes, Brian
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My experience of transfer was not easy but i refused to be fobbed off with Playa Golf etc, i had to fight tooth & nail to get a transfer to El Pinet. The first meeting with Almudena regarding the transfer was very VERY heated as we had originally paid 159000 euros for Albatera and we expected to get the same house for the same money, after all we had waited nearly 4 years at the time so to me that would have been fair!
When Almudena asked us for nearly 200000 euros i very nearly cried to be honest as i felt insulted and let down by a company i felt should be bending over backwards to compensate us for our misery. When Almudena had to close our meeting and speak to her Father and re arrange the meeting for later that day, to be honest i thought she was trying to get away from us as we had given her quite a hard time!
Now i know you will all hate me for saying this but i am being honest. Almudena true to her word that day arrived at the time stated and we agreed a price of 175000 euros with all the extras included ie air conditioning etc. I also have to say that we have had a very good agent Frank of European Sun & Golf Homes, Playa Flamenca, all of this has not been easy for him either and during the 4 years he has kept in touch, always answers our emails, takes us to meetings when we are in Spain and furthermore has let us stay at one of his apartments quite a few times free of charge.
I think unless you get a transfer then the only ones to come out of this well are the lawyer's, if they are so certain to get you back your money then why don't they offer their services free of charge until a positive outcome is achieved,even if it means taking a higher % at the end. I say "Fight for your House"
FAR
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Hi FAR
Thanks for that input.
Thats a swap between 2 properties within the same company isnt it. Both sites being developed by San Jose.
The distinction i was trying to make is the SADM site, the majority of people with HdT seem to be wanting their money back, the San Jose people seem more relaxed about the outcome and watching and waiting.
Do you know of any succesfull transfers between SJ and HdT though?
_______________________
Best wishes, Brian
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OK, could be that I will take some flak over this, also, there are many who will be aware of the details, but obviously some who aren’t.
The observations are on no particular development or no particular developer. The figures used are as shown and for example only.
Assuming someone paid up front on any development, by any developer, 159.000
Four years down the line at just 5% interest p.a. that equates to 193.265
Then the developer says another 16.000
So now your house is costing 209.265 which is some 50.265 extra and for no fault of your own.
Somehow, I think the purchaser has lost out big time. Forgetting your time, air fares, legal fees etc.,
The agent. OK, he can afford to be helpful assuming that he has had his 15% (23.850)
Then we go on to the scenario where a resale is far cheaper (if allowed) than a new purchase from the developer.
Why. As redman says “due to the equity release San Jose had on their properties”.
Why do you think that so many developers would not allow re-sales (even in UK) until all the development is finished.
The banks would or could not allow it, as the developer had sought equity release, therefore, if properties were allowed to be sold for less that the new valuation, all remaining properties could be thrown into negative equity. Hence, knowing that the developers would be looking for equity release in a year or two, they were fairly safe in telling purchasers of the increase in value they could expect in a year, as they were setting the values, for their own needs and purposes.
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Far
I know Frank very well, much the ardent Chelsea supporter as you will know.......unfortunately I think he may have experienced the downturn in the market as I was passed his premises this morning in PF and it's now up for sale or rent.
Even the good guys are being hit by this mess
Darren
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Hi Briando,
I am surprised by your comment regarding purchasers wanting their money back. My solicitor has only 10% of his clients wanting their money back and it appears that those who are aware of the implications of undertaking court action are waitng to see if the current negotiations to refinance are agreed. We still have purchasers joining up to SARC and saying that they want thier house.
Now if the refinancing is agreed in the next couple of weeks it will give the purchasers the opportunity to decide what they wish to do.
Now as for increasing the legal costs in the belief that the other party will pay them plus damages or interst could be gained is, in my opinion a very niave thing to do.
I speak from the experience of acting on legal advice and winning hands down 2 court actions in the UK. At the conlcusion of the case the judge then asked for costs to be put forward and then they were discucced by the legal teams of both sides and then a ruling made on finacial liabilty. On neither occasion did the ruling cover my full costs and in one of them, in a case not brought by me but I won, it cost me I lost £10,000 defending myself.
The only people who make money out of litigation are those in the legal profession. If you can resolve any problem without resorting to legal action it is much better.
Futher to this, I have to ask where is the money going to come from? So you wat your money back, first of how much is there available to pay you back., second how much would the joint legal cost be and what would be the pursued additional sum? So where does all this money come from when the company is in voluntary administration as it has no cash? As far as I can see the onyl realistic way money can be repaid to those who decide to go that route is by SADM being refinanced and trading. Even then I can only see the money being paid back in instalments over a period of time of up to 5 years. It may be a very inconvenient point but getting deposits back in a lump sum plus costs plus etc is, in my logical opinion, very very unlikely.
Wishing you all the best
I WANT MY HOUSE AND FOR EVERY ONE TO HAVE THE OPPORTUNITY TO HAVE THEIRS' TOO
Tony R1718
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But if he only has 10 clients who he acts for on this development = 1
"The only people who make money out of litigation are those in the legal profession" - What an absolute genious. Where did you learn such amazing information. You must be a true legal eagle. Suing whoever gets in your way (and proud to tell us).
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Hi Tony
What percentage of the whole of HdT creditors and depositors does your soliciotor represent, and im intrigued about what he means by only 10% of his clients wanting their money back. I was intrigued by your report saying 45% of the purchasers are Spanish and only a 'few' of these want their money back.
I will stick my neck out here and say that i believe that ......95% of people holding deposits and owed money...want their money back, because they are scared it may be lost for ever if not. A secondary result in HdT case would be to have the house back on track...........thats my belief now, where it is now.
Lawyers do charge for their services................its allowed, and they are clever people who negotiate settlements.......i bet you defended yourself when you lost 10 grand eh?...........or chose a solicitor who had 10% of his clients who want their money back?
Regards
_______________________
Best wishes, Brian
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Hi Briando
I know that when i was with Albatera it was possible for me to transfer to Jumilla so i cannot see why a transfer would not be possible the other way round.
Fin
I have seen the Azucena at El Pinet advertised through various agents for an awful lot more money than our agreed price. We also did not mind paying a bit more for a development which we felt was much superior to Albatera so assuming our house will get finished and hook or by crook it will! then we will be very happy indeed.
FAR
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Tony I just read your update and have to say yet again that it is full of lies and deceit. You have willfully misrepresented the facts to try and manipulate people and should be thoroughly ashamed of yourself.
You have called a group lawyer a liar and claimed that he misrepresents the truth. I think that it is you and the administrators that misrepresent the truth and we will see them in court.
please stop telling people that there is no advantage to the resolution of a contract. This is not so and is purely for the benefit of san jose that they would wish people to believe this
TONY YOU MAKE MESICK AND DISGUST ME
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Hi Joanie666( the number of the beast, the great deciever hhmmm)
I am sorry that you do not like the content of the report but that is your right. However, the content of the report is an accurate report of the conversation and the answers to questions plus updates on the progress of the refinancing. It is a shame that you spend so much time trying to mislead people and throwing derogatory remarks around.
I WANT MY HOUSE AND FOR EVERY ONE TO HAVE THE CHANCE TO HAVE THEIRS TOO
Tony R17 18
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Total tosh Tony the report is full of lies and mis representation of facts as usual . This is what any thinking person has come to expect from SARC. The reference to the numbers of Irwin Mitchell clients seeking a breach of contract directly from SJ/HdT (ie 4 ) is misleading to say the least unfortunately you did not expand and allow the true situation to be known .How many Irwin Mitchell clients have decided not to trust SJ/HdT and go to court for the same .Yet another play on facts appreciated by no one but the brainless .Shame on you Tony .
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