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We have taken them to court and won, but still no money. We have put an embaro on a house but in the process Huma have morgaged it so we cant take it to auction. (if we do we still wont get our money because of this, and we will then lose our embargo) Apparently everything is now morgaged so an embargo wont work. We have no BG either.
Jo
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He advised us not to take the house we have an embargo to auction because its not likely we would recieve the money anyway, because of the morgage on it being so high. Also this route can take years. And if we did we would lose the embargo which wouldnt help us anyway. We cant declare them bank rupt because the tax man and whoever will get the money owed first and then what evers left (if any) would get split.
This message was last edited by jo222 on 09/06/2009. This message was last edited by jo222 on 09/06/2009.
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jo222,
Can i ask you what it has cost you in legal fees, court costs, etc to get a judgement against huma and to place an embargo on a property that you are advised not to exercise as you would stand to get nothing,,,and was it worth the outlay and further stress?
Gary.
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Hi gary, it has cost me 2000e to get to the same stage as jo, I have no intention of letting subelia
& valera steal 38.000 from me, my next payment will be to people who dont use the court route
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Hi Gary
Presumably you have been conned by HUMA as well. If you have no BG then HUMA basically leave you with no option but to sue - allthough Jack's plan B sounds interesting!
I have sued HUMA - the courts have agreed to place an embargo over HUMAs bank accounts and certain properties. My solicitor expects me to get my money back in either July or September. When he told me this last month I believed him - as time goes by doubts creep in and to be honest I am no longer as optimistic as I was. I paid out about 5000 euros legal fees to chase the 65000 euros HUMA owe me but I felt I had no choice. I could have gone to Oasis - and I would have been worse of - I could have bought a bungalow on MCC which would have cost about another 65000 euros but that property is probably worth no more than 80,000 euros so I would definetly have lost 50,000 euros. My only other option would be just to say "never mind Mr HUMA just have my 65,000 euros as a gift " and walk away - I am not that generous so I took the option of suimg HUMA.
If HUMA go under or have no assets to give me my money back then I will look to sue the solicitor who act for me originally. I am told all Spanish Solicitors have insurance therefore I should be able to sue them.
I don't believe we should all just walk away - most of us cant afford to.
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Hi All
I agree with Nigella....we are not yet quite at the stage of sueing Indalo and I presume they have all the money transferred from Med. 18th August is our deadline then it's 'go get 'em' time.
We have initially served Huma Indalo with an order to provide a BG/Insurance for OTCC...wait and see - if we get one I shall need picking up off the floor.
We cannot let them get away with this......and if it costs then it costs.......
Regards
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Gary - To be honest I don't know how much its cost so far, I have lost count, our solicitor knows our situation, we have basically said we can't afford to give him no more money until we get our money back (and he would have to get his money on top of what we get - not out of it) As this is all the money we have, we have been off the property ladder for 4 years now and to be honest if we don't get it back we will probably never beable to afford to buy a house again. So we certainly can't walk away without a fight.
This message was last edited by jo222 on 10/06/2009.
_______________________ www.restassuredproperties.com
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Just found out from my solicitor that the properties he placed an embargo already had an embargo on. Evidently in the time between the court passing sentence and registering the embargo someone else had got in first.
Also the bank accounts have come back as having no funds in. My solicitor is chasing up other properties but I am not very hopeful.
It would appear to me that if you havn't got a 1st embargo in place at the moment then you are not going to get your money back without a BG.
So where do we go from here?
If ACC does get planning permission then there must be some value there which may help us out. Does anyone know what the current position is with this?
The only other channel is to sue either your solicitor or agent for bad advice. I am told by law all Spanish solicitors must have Professional Indemnity insurance. I used AG2 in vera as my solicitor and Euroselect was my agent. Anyone else used similar ones?
There are obviously a lot of us with no BG - has anyone any ideas as to what to do? Would be grateful for comments either on this thread or via a pm.
Nigel
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in reply to nigellas posting yes all rgistered solicitors do have to have indemnity insurance but as i had
a conversation the other day with a new spanish solicitor is the company you dealt with a" registered solicitor"
or just a legal advisor.apparently there is a big difference as a legal advisor cannot really have proffessional indemnity.
a concept i never considered and im sure most people led to these so called solicitors by some of the biggest property
agents in the country at the time (parador) would not have either.
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