Los Naranjos Penhouses - Delay & Compensation

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16 Jan 2009 12:00 AM by Jinder Star rating. 22 forum posts Send private message

Hello everyone,

Despite chasing again and again, I can get no information regarding a completion date. I am on block 3. I need a date so that I can arrange a mortgage in time.

In the past I dealt with Milagrosa Albreso. I have recently asked her for a completion date but she has not bothered to reply to my last 2 e-mails. This is in contrast to being hounded by her in September to come to Spain to complete. My visit was cancelled by her at the last minute when she informed me that certificates of habitation were not available.

Has anyone else had any luck in getting a completion date? Could you give me a contact e-mail address of somebody who could give me information?

One other matter. My last cancelled visit meant I wasted the cost of my flight, car hire, hotel etc. I also lost my mortgage offer and the valuation fee was another wasted cost. In total I lost about 1000 euros. Has anyone had any luck in recovering their costs? If so, could you give me a contact e-mail address of somebody who could help?

I am reaching the end of my tether. I have not even been given the bank guarantee for my second payment despite 8 requests over 13 months!

Jinder




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16 Jan 2009 10:15 PM by morgan7567 Star rating. 136 forum posts Send private message

If my experience is anything to go by you have NO chance whatsoever of any refund for lost expenses, you would be luck to get a Sorry. I do not want to be the bearer of bad news, you may have more luck than I who was in your position a few months ago.

 

On the positive, we proceeded to complete in the absence of certificate of habitation on my solicitors advice, we have been connected to the builders supply of water and electric for free ever since. The snagging went well and effeciently, the apartment is fantastic and the resort is coming on leaps and bounds, going again in a few weeks and hope that Polaris have kept up their efforts. In particular with the facilities such as bars and resturants as not much in this area as yet, lets hope by the summer the golf course and facilities are up and running.  FOREVER THE OPTIMIST!!!!!!!!!!!!!!!!

 

Best of Luck




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20 Jan 2009 8:30 AM by snorkychopper Star rating in England / Spain. 226 forum posts Send private message

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I agree with your frustration over completion, we are in Block 16 and have been ready to complete since October 20th when PW told us to get ready to go - Now 20th Jan and we are still waiting for habitation certs, and no one is able to give any indication of when this may take place, fortunately we have completed POA so need not attend the completion in person.

The only benefit of this delay for me is the vague hope the Euro may strengthen a little (hopefully - it seems a long time ago we got 1.45 on our 1st payment).

I do agree however that PW must be in breach of contract by not issuing the bank guarantee for the 2nd block of cash - we paid this over a year ago and still dont have the bank guarantee - my solictor told me in October that they wont issue this now as "you have the property" , that would have been fine "if" we had the property - but as the weeks run on, my exposure to a 25k sterling loss is worrying me more and more.

One of PW's tag lines is ALL your payments are backed by bank gurantee  - hmm i dont think they they are actually...

Rgds

Mark

 




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21 Jan 2009 5:32 PM by CHERRIE Star rating. 178 forum posts Send private message

It is very frustrating to say the least. We are in Block 2 Penthouses and were contacted by Polaris on August 1 st and told we would be completing soon!! We have paid for a valuation and have had to extend our mortgage offer until the 31st of this month, what will happen after that I don't know. We have been out a few times and we have booked flights to come in Feb for a family holiday, as we were sure we would have completed by then.

I think it's a case of when PW say "Jump" we are supposed to say "How high?"  when we have to wait and wait though. I know the issuing of the habitation Cert is out of their hands, but they could have waited until nearer the time before contacting us surely.

Anyway, that's my moan out of the way.

 

 

Having said all this, can't wait until the summer when more facilties are up and running and hopefully the golf course is playable!!

Cherrie

 

 

 

 




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21 Jan 2009 7:05 PM by J&P Star rating in Jardine 5 & Bangor C.... 100 forum posts Send private message

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 Hi Jinder

We had a similar situation last year, when we were advised  by Customer Services, in April, of a completion date of last week in June.

We booked flights and then Customer Services put us back to 13 August. The extra cost was £675.  I complained by phone, and was told to book new flights and they would refund the difference.  This was confirmed by e-mail. Ticketyboo we thought.

However it took months of jumping through endless hoops before payment was made.  It was always " Accounts Branch" who were to blame for the hold up.

Keep at them and they will pay up.

J&P




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21 Jan 2009 7:47 PM by Jax Kendrick Star rating. 15 forum posts Send private message

Hi, we are in the same boat.  Told completion for our penthouse, Block 15 had to be by the end of November at the very latest and I guess we are still awaiting.  My solicitor has not heard anything, and I too have emailed Milagrosa, who I know has read the email as I did a read receipt, but as yet no reply.  We took a mortgage out in the UK so to get the money transferred in time, so we've have been paying since beginning of December for a property we don't own yet!  Very frustrating, but at least we had a POA drawn up so our solictor can deal with the completion and we won't waste any money on flights or accomomdation.

If I do get any news I shall let everyone know, I'm sure we'll all be in touch :).

 




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23 Jan 2009 8:26 AM by snorkychopper Star rating in England / Spain. 226 forum posts Send private message

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Just a quick update on the saga of bank guarantees

My solictor has now confirmed, that they have sent to PW an official legal request for my 2nd guarantee by what they call "burofax" (??) I understand this to be a fax (who uses a fax these days ?) but it is a legal request for my guarantee.

We are expecting an answer within 10 days, so IF it works and the guarantee is forthcoming might be worth a try for any one else fed up of waiting !

Mark




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24 Jan 2009 5:50 PM by Jendo1x Star rating. 9 forum posts Send private message

 

Hi,
 
We are kind of in a similar situation to many on here.  We signed purchase contract back in July 2007 for Los Naranjos Block 10 ground floor.  We were advised at the time that completion should be mid to late 2009.  Based on the timings and the exchange rate at the time, this seemed highly possible to budget for.
After making the 25% stage payment, we never received a bank guarantee and our Spanish solicitor advised Polaris that we would not be making 15% stage payment until bank guarantee received for 25%.
 
To cut a long story short, we were then contacted Sept 08 and advised that completion would take place Oct 08.  This obviously came as a bit of a shock and at the time we didn’t know what to do for the best so we thought we could make all necessary arrangements to travel to Murcia, complete snagging, visit mortgage lender etc. 
At this point, we still had only paid the 25% and therefore this meant that Polaris have now added the 15% to our final stage payment.  As the completion date came early, we had no option but to request a mortgage for a higher amount as this was the easiest and quickest way to raise the funds in order to complete. At this point, everything is fine and the mortgage offer is in place and now valid for 3 months.
 
We have our completion date as 14th October and on 11th October, we are contacted by Polaris and advised that the completion has been delayed due to the habitation license not coming through on time.
We were given the option of either cancelling all our travel arrangements and Polaris would refund any costs incurred or as an alternative, we could still travel, complete the snagging process and arrange power of attorney documentation for our Spanish solicitor to complete on our behalf at a later date. We decided to go ahead with our travel plans as time off from work etc. was all booked.
 
Since then, whilst back in the UK, we have put all the documentation in place and legalised etc. for our Spanish solicitor to sign on our behalf. This process has cost us £350 which we were advised by Polaris they would reimburse. I sent them all the receipts in November and they have not even confirmed that they have received it let alone indicating whether they will pay up. 
 
Since then, the completion date was set and changed not once but twice and the most recent delay has meant that our mortgage offer has now expired and so we have lost a lot of money on valuation costs, banking costs etc. and it makes me wonder how many other times we will have to go through this and continue wasting money until Polaris make up their mind when completion is actually taking place.
 
We no longer have any faith in going ahead with the purchase and with the current economy crisis, it looks like we can’t afford it anyway. In theory this will mean walking away from the 25% but to be honest we’re a bit worried that they will then come after us for the 15%. Anybody know if this is something they can do?
All in all, extremely disappointed that this was to our dream holiday home based on the site plans which now appear to have completely changed and the fact that the golf course looks miles away from completion
 
Now realising that the dream was too far away to reach!!
 
J & A



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24 Jan 2009 6:57 PM by georgeh Star rating in condado de alhama sp.... 1462 forum posts Send private message

how can they come after you-you havent signed a mortgage deed.you just lose your 25% deposit.but can of course buy any completed property for less than 75% original cost from 1 year ago as spanish property prices are down 30% plus.

send me a pm if you want to know more



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