Aldea Taking HUMA to court?

Hi there everyone. My brother has had a letter from Aldea solicitors stating that they are starting proceeding against Huma on behalf of all its clients. They want a letter off him to confirm that he is agreeable to this and for him to send all original documentation relating to his purchase on ACC to them.

I have as yet not seen this letter, but i was wondering if anyone else has had this and what they have done about it, and if it is right that he has to send all original documents to them.

Also, has anyone had any luck getting their deposit back from a credit card company in the uk? I ask as he paid his via a Barclaycard and i wonder if he should go to them for a refund of his deposit?

Thanks in anticipation

Darren

We contacted our Credit Card Company and were advised first to contact the European Consumer Advice Centre,  we did this and were given a reference,  they advised to go back to the Credit Card Company quote this reference and advise that under the Sale of Goods Act 1975 we were looking for our money to be refunded as had not received the goods.  They advised if they still did not act on this to go back to them again as they have other ways that they may be able to get our money back for us.  They take down details of Huma etc and what was purchased.  Found them very helpful only open a couple of hours but worth a try.

We are now waiting to hear from our Credit Card Company will post when we have heard the outcome.

This is the contents of the letter that he has received from Aldea. Has anyone else had this, and what have they done? Do you recommend sending originals?

Dear Mr Allen,

In relation to the legal process for the execution of your bank
guarantees in court, we inform you that the first step is to notify
Bankinter of your claim, in order for them to notify the Judge with
their decision (the confirmation or the objection), if the bank has
any objection we will go to trial.

In terms of time, we are talking about five or six months to have a
resolution and if need be, we can present an appeal in the courts on
Audiencia Provincial. This extra process has a timescale of 9 extra
months, until we have a firm resolution, if we do not have any
problem.

In the case that we have a firm resolution in your favour, you will
receive the money very promptly.

If you are interested in starting the legal process, we will need the
following documents:

-All the original documents that you have from Huma and from Bankinter
such as the original contract, if you have a letter from huma talking
about the renovation of the bank guarantee...

-A letter from you authorising me to start a legal process against Bankinter.

-A provision of funds (10% of the money that Bankinter will refund to you).

Yours sincerely,


Carmen Rueda
Assistant Manager
ALDEA ADVISORS.

Sending / posting your originals is not without risk. You know how the most important things can get lost !

I would  take them personally to Spain and get them receipt signed for and copies for yourself certified by the solicitor.

or if you really can't go in person with your original docs then:

What you could do is to use a legal firm of Notaries here in the UK.

We used a firm called Depina in London. They were excellent. They made certified legal copies and then used a 'special courrier' to send them to Spain. Obviously this has a cost to it but also has re assurrance.

If I were you,I would start with a new Spainish Lawyer.We were taken to A/A office by our ( impartial !!!) rep from Parador.(A/A are part of the Parador Group).We tried,via A/Advisors last Oct to execute our B/G,firstly,they could not say what they had used our original €625.00,for,but,were at pains to tell us that we MUST pay them another €500.00,as our B/G ran out around the middle of last November.They could not proceed any further until they had received the payment. We have been following the E/O/S blogs,and  changed our lawyer (i am srill chasing A/A,they are not of the hook,yet)  lezwho has been refured to on this site Miguel Gonzalez.He took on our case in the middle of Nov.08,before the end of Jan 09 we had received our money back.. we did have B/G and the RUBBISH A/A are telling you about,is just that,RUBBISH.Why would a person need to go to court,when the BANK  has your money??? On no account would I send original documents.When we went ahead with Miguel,we did all of the work with him via E/M.we had to give him Power of Attoney, which cost us around £80.at a local Notary.Then it was over to the Foreign Office at Milton Keynes,another £80,for the documents to be stamped,we then POSTED them Registered Post,(as Miguel had asked)he, e/m us as soon as the documents arrived(you can track them of course) In due course we did the same with the CONTRACT,again Reg/Post,no problems,and the rest is now HISTORY !!but, please,do not risk anymore of your cash on A/Advisors,they are a bunch of CROOKS,they are also tied up with HUMA) I have NOT HEARD ANYTHING POSITIVE ABOUT A/ADVISORS.The best of luck to you,I  hope you are sucsessful as well.Any other questions please E/M.  Kind Regards Bagpuss.

Bagpuss is quite right. Aldea are not to be trusted, deal with Miguel as he suggests who is by far the most successful legal agent mentioned on these forums. Conversely Aldea have been the worst. Need any mnore be said!

Best of luck,

scales

have only just read this thread, so apologies for being so late, DONT send your contract to Aldea!!!

you won't have any leverage as any new solicitor needs your originals. Use another solicitor. I have got further with my new solicitor in 1 month than I got with Aldea in 10 months