Group Meeting in the UK?

HI there i was refereing to the people who are going with jonathon,sorry if it was misleading. 

Been keeping an eye on everyting ( if you'll pardon the Pun) but thought Jonathon via Lisa Mona was looking at a class action. If so how can they not be taking any one else?  We have bought on Phase 3 and are in a quandary on whether to wait for it all to belly up  and hope our bak guarantees are valid, or to just get on with it, as we agree it will be a lovely place in the long term. Just will take a long time to recoup the euro issue

Hi OggieH, can't see Corvera "bellying it up".  If you can afford to complete, and it turns out to be the lovely place you anticipate, what better place to spend your time waiting for the Euro to weaken.

Regards, Anita.

Hi all,

So, how do I access the legal situation and join the fund ?  Ive scanned my deposit document ready to send it ...I have some ideas but not sure whats been pursued and dont think it advisable to give more information on this site than is necessary. Does the occupancy licence strike a chord anywhere ????

Guernsey Girl

PS I think all those people claiming the existstence of this group as a secret society are barking and I truly hope they dont have the apartment next to mine "!!!

P2S You will recognise them by the net curtains and crochet dollies on the loo rolls...

Guernsey Girl, in one sentence you say you want to join the Action Group but in the next you say they are all "barking".  Think this "Barking Secret Society" is now closed to anyone wanting legal recompense, but I don't think you would have been invited to join with those comments anyway.

Is anybody going to the "A place in the sun live" Exhibition at Earls Court next weekend? Possibly we could meet up, we are buying a Tilo first floor in the s.eastern block

We will be looking into mortgages as I'm undecided about he developers mortgagae and the only salesman that I have spoken to at Capital Financial Partners did the sales talk but did not get back to me. Something to do with their tie in with MRI and the fact we're not using MRI's lawyers put them off dealing with me I guess.

 Lisa,

I am up for joining in any group action, and agree that a public forum is probably not the best place in which to exchange the information.

I have been working hard on my particular case and would like to contribute that to the group.  On a more general note, in Spanish law anything you materially rely on going into a contract is admissable evidence, including brochures, adverts, noted conversations, meeting notes, other marketing colateral, AND, interestingly enough,  representations made by appointed sales agents ........... and, apparently, some Spanish courts are now finding in favour of owners who have been subject to some of the more outrageous statement made by developers' agents.

On an even wider note, Since 2007 European Law has taken a stronger stance in favour of the Consumer, and in particular there is good cross-border protection against misleading acts and aggressive commercial practices all bound up in EU Consumer Protection. What does that mean for all of us, well, probably not a lot, but it should make any developer think twice about any legal or counter-legal action, as no developer would want the spectre of justifying their tough practices in an EU Consumers court of law.

Julian

So - in theory if I have in possession all the projected sales hype from M cough I (which I have) stating how the rentals will cover the costs and make a profit!  along with the potential projected profits should I choose to sell before completion this could be used to help with legal action? interesting!

That would give you some kind of case against the real estate agent, but not the developer, and it's the developer that's got your money.  Don't get me wrong, here, I know plenty of people that will be suing their sales agent.  I don't know that will get them very far, but I guess it could make them feel better.

Of more interest, is where the real estate agent has also acted as developer, and I think we all know of a good example of that ..........

Of course, in my previous entry I was referring to serious non-delivery of infrastructure, for example a fully functional golf course, and anything else promised to ensure that an apartment could actually be rented out and/or lived in.

On a further note, I also know of many people planning to take their lawyers to task on failing to properly advise them regarding the Private Purchase Agreement. Again, this may be futile as I doubt whether the lawyers would have enough insurance cover to make amends were such action to be successfully prosecuted.

All food for thought; collectively the information supports our legal action that we wished to rent out the accomodation which as you say , without the infrastructure is difficult!

How I would love to take the agents to task - one thing at a time though.

I suspect they would just crumble if they got a sniff of collective action against them - might have to sell a few BMW's or at least park them a little further away from the front than they already do!

Indeed.

Several people I know who are seriously considering legal action have been asked to provide brochures, adverts, and any other significant materials that they relied on when entering into the Private Purchase Agreement.  It's all admissible.

On another note, I understand that in Spanish Law a director cannot simply walk away from their fiduciary duties, and set up under another company name.  I will be checking this out in great detail over the next few days.

Julian