LITIGATION AGAIN

Sorry folks for throwing this into the air again.

Can someone please,  ( if anyone has sufficient knowledge ? ), explain to me how we can get our money back, by going through the litigation process, which we are being advised to do, at even greater cost.

Am I being thick here ?

If the company, HDT have no money, and we, lets say, win our case........where is our money going to come from ?

All I can see is throwing more good money after bad !!

PM's would be gratefully received again please, if you don't wish to post on the public forum.

IWMMB.

 the whole legal argument centres around whether the money you have given to hdt should be treated as their assets or as yours (as they have legally broken the terms of the contract)

If the legal case can be proved that it is the later then your money would be given back through the assets san jose still has along with the government and banks.

In the current way that HDT have manufactured things you would receive virtually nothing as an ordinary creditor if they went into liquidation. If they continue to trade then you could end up waiting years for a house or up to five years for a part of your debt returned. As an ordinary creditor you will have very little say in anything that happens.

It therefore is very worthwhile but I would consider choosing a lawyer that has a less risky pricing mechanism as nothing is guaranteed

Well put Joannie

Sal

Cheers Joanie

That puts things into perspective for me now !!

Time to go for the THROAT !!

IWMMB.

Hi All,

I am afraid that it was not well put. I suggest that if you want advice on the viabilty of taking out litigation against a company with no funds to pay you and the protectin of the adminstration process that you get it from a honest and unbiased barrister.

The administrators who have been appointed by and act under the direction of the court have already stated in an email to my barrister than all purchasers will remian as normal creditors and not gain any other status.  So with the report being lodged with the court today and shortly to be in the public domain why do something that could cost money and very likely gives you no advantage?

I strongly suggest that before any one goes rushing off to do something that they could very well regret that they wait to see the report. A document prepared by officers of the court, which should be free of the rumours and inuendo that has been going around the threads a times and give us all access to the facts and truth. The only ones that I believe would advice acting before seeing the report would be those who are afraid of the truth and may indeed not have the best interest of other purchasers in mind.

All the best to you all

 I WANT MY HOUSE AND A POSITIVE OUTCOME FOR ALL

Tony R17 18

"I strongly suggest that before any one goes rushing off to do something that they could very well regret that they wait to see the report."
Many have already said that. Think before joining and listening to SARCO

Hi Fin

Thanks for the silly retort and  as for wishing SJ a happy Christmas, well even I would not of posted that. Are you trying to wind the purchasers up?

All the best

Tony

Hi Tiger, you little NHS report writer.

Did you mean  I would not have posted and not  "I would not of posted".
Hope you never write the prescribed medicines.

I am now getting to understand (just a little) why you have got yourself into such a mess.
You do not seem to be able to write In English, so how can you read in English, let alone Spanish?

Am I "trying to wind the purchasers up".
No, just leave that to SARCO. They are doing a fine job of that.

Tony dear, do you mean to tell us that you have already appointed a Barrister??  I thought you said not to rush into additional expenses in Legal fees.. ?  What are you saying to your members by telling us that you have gone one step further  up than a Lawyer (especially given that you truely believe that SADM will go ahead soon).  Did I misread your post?  This is not out to cause trouble but clarify please?

Sal

 TONY

The administrators are controlled and paid for by HDT so who cares what they say. Surely you can see that they have a conflict on interests and the only person who will decide is the judge.? HDT have gone into voluntary administration and retained control of the company. I personally do not care what either the administrator or HDT say. 

Barry ignore Tony as usual he talks a load of b******s. HDT and the administrators will not look after any of our interests they are seeking to protect their own and if that is at a cost to us they DO NOT CARE AT ALL.

If you are so close to HDT tony then where is a copy of the report????????????????????? Or are they waiting for the ten day period to be over christmas where no-one will challenge it?

Hi Joanie, their tactics are rather transparent these days dont you think?.  The last time the Administrators Report was due it was the August holiday month shutdown.  Now we have the timing of the Christmas two weeks plus other delays of course.  My lawyer has advised they are closed for  business between 19 Dec-7th Jan anyway.  As for not bothering with persuing the Creditor Against the Mass Route.. you must be kidding.. I would rather pay an extra 1000 euros now than be too late.. God knows how they will wriggle out of the next round but we all know they've  turned just about every 'legal rule' upside down so far over 4 years.. If you have any information Tony, you would have posted it. It really doesnt need to be in Report form honest.

We await the Judge after the festivities I feel.

Hi Sal.....................and Tony

My blood boils sometimes when i read the patronising garbage that Tony places in front of us to try and increase the 'leadership skills' he wants to promote.

The sentence about the barrister you picked up on jumped straight off the page to me as well.  It is completely bonkers to suggest a barrister would say anything about whether a company has funds to pay or not...............its just bonkers to even use that statement as anywhere near accurate.  A barrister would never make such precictions.......never.............my daughter is a solicitor with the south yorkshire police and she would be more accurate about that kind of information than the barrister Tony refers to.

Its a load of complete garbage.........................this is a voluntary administration.......when the report is delivered, the builder needs to make sure its as favourable to them as is humanly possible, and they remain in control.  This is the main reason the report has not been delivered................they are still able to influence it.

When its finaly delivered.........if it shows no ability to trade on....then HdT will go into full blown administration at the request of all you good people, and the good people who are creditors.  Then they will be in the scrutiny of the lawyers and the insolvency practitioners.

Then you will find out if they have any money to pay back.....only then...........until then they can tell you what they bloody well want to........and a barrister knows that................is this barister as qualified as the lawyer who gave Tony his translation the other week.......

Tony talking total trash and tosh as usual .Almu is going to remain optimistic and reassuring  until the very end of play as any one in her position as a representative of the company and daughter of the director would .The sad thing is that Tony believes she is talking  fact and actually  knows  or has some control over what the final outcome will be .She does not and is living on  false hope  just like Tony /SARC are

Tony if you were with relatives of a patient waiting to go into surgery ,  the surgeon  had a dodgy ticker the anaesthetist was a drunk and the theatre nurse was blind as a bat ,would you inform the  relatives or reassure them .Almu is patronising you and is telling you exactly what she thinks you need  to hear ,you play right into her hands  .Tony you are going to feel like a fool at the end of all this ,you have been so stupid and arrogant  that a small  part of me feels you deserve  to get nothing out of  this and  you will only have yourself to blame .

Some are already privillged or first line creditors ,do you want names Tony . I have seen the list Tony but your obviously not on it as your big bolshy barrister says it is not possible .Tony people like you usually get what they deserve  nada nada nada .JA

Hi All, we seem to be forgetting that it wasn`t that long ago that SJ were agreeing to reverse contracts for those who had BG`s and blackmailing them to accept some compensation if they were prepared to forego interest and legal fees. Where were they getting the cash from..... the money tree? Cheers Joanniemac

 Tony talks crap..simple. Tony you are wasting your time on here everyone thinks you are away with the fairies. Lets wait and see this report. then, more importantly, lets wait till the lawyers have seen it and the judge!!!!

Tony, you mentioned last Friday 5.12.2008 that the report was due to be taken to court/judge and that we would hear somethinf shortly after.

Can anyone inform me if this is true???

Did it happen??

Or are we still waiting???again!

The details of the hdT administration is being read and digested by lawyers now Vic

The first information to come my way is that there are more than two thousand pages of creditors listed................yes two thousand pages, and these pages are not the whole document......just the creditors.

Lets say the pages include names addresses and amounts..............lets say its on A4..........lets say a conservative estimate of 10 creditors are on each page..............thats 20 thousand creditors

Lets then say the average amount for each creditor is ........15 thousand euros..thats 300 million euros of debt.

Is that good or bad.............anyone have an answer for that one at all?

Briando maybe the admininstrators use a large font size?

Ha

Never thought of that Alam....................OK THEN 200 MILLION

He He

Hi all

Now the report is out, ( many hundreds of pages, by all accounts !! ), it is quite obvious that SADM is never going to be completed, and that it is recommended we now litigate to try and obtain "Creditor in the mass" status.

The way it has been explained to me is that we will then become preferential creditors, and be one of the first to be paid out.

I asked the question to our Lawyer, as to where the money would come from, and was told that there are sufficient assets of the company to cover.

We are now in the process of commencing litigation, and with a bit of luck will have our money back, sooner, rather than later.

IWMMB