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Hi all
I have taken all the comments on board you have all made, thanks, and taken some advice form Linda as well, i even considered twigletts rantings too.
All in all i have arrived at what i think is a very good letter that will suit everyones purposes............if you were worried at all of the content or context, i think its panned out well.
Can you check your e mails tonight/tomorrow and it will be ready to go if its now agreed.
Well done everyone
Brian
_______________________
Best wishes, Brian
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Hi All,
I refuse to reply on twitgits thread but I would like to respond to a posting made by Linda Needham yesterday, and would like to thank her for giving me pause for thought and to reconsider some of the actions I was about to undertake. I don't often agree with what linda has to say about SADM it's nothing personal we just have differing viewpoints on the subject.
As many of you know I was very much in favour of a group action in fact I think it was one of my posting I mentioned I had thought of writing to the judge and even helped with some suggestions on Brians draft and I still believe that we stand more chance of success than if we act alone. I have now seen the final draft copy and I have to say it is very eloquent and respectful however,
After considering Lindas post I sent a draft 2 copy to my solicitor who is Spanish but practises in the UK for his advice, which is as follows;
(a) Most of the points & complaints in the letter have already been reported to the judge
(b) He did'nt think it would do any good and may offend the judge
(c) He could'nt tell people not to send it but he would advise against it being sent
(d) His final comment was that even if I disregarded his advice it would not be the end of the world.
I fully understand and share the frustrations many of us feel indeed so does my solicitor and the need to take action but some of those frustrations are caused by our lack of knowledge as to how the spanish legal system works. Many dont know the UK legal system.
To put things in perspective the time scales in the UK for administration/ bankruptcy can take as long if not longer. I truly believe that now is the time for cool heads and steady nerves the last thing we want to do is play into SJ hands and perhaps affect the judges impartially who will rule on the points of law and not emotion.
I am still in favour of sending out letter but to different targets, I intend to follow the advice of my solicitor after all thats what I am paying him for and will not be sending letter to court. I have no wish or desire to influence, each of you must make up your own minds as to the course of action you decide to take.
I promise I have no hidden agenda I want what I always wanted my money back and to put this all behind me and enjoy living here in Spain as I have been it will just be different to the dream of jumilla. I still believe that SJ are dishonest and a disgrace to Spain.
Regards
Arlene
This message was last edited by arlene2804 on 1/29/2009.
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Hi,
I have looked at the letter No 3 and it is well drafted, a lot of time and effort must have gone into it. After all this time frustration must be creeping in and it feel better to be doing something instead of sitting and waiting.
I was going to ask if anyone had shown this draft to their solicitor for their oppinion.
It appears to me that the letter is trying o force a possitive outcome for the purchasers, while objecting to the findings of the Administrators before they have reached a decision. At this point the letter may do more harm than good if the powers that be read it as a threat, find in our favour or else! We do not want to alianate the Judge or Administrators.
Everyone has to weigh the pros and cons and decide for themselves. E-mail the letter to your solicitors and ask their advice.
I agree with what Arliene has to say and i think we should wait untill the finding is released if not in our favour it will be the time to take a group action, and kick up as much stink as possible.
I want my money back and I want everyone to get their money back. I have no hidden agenda.
Recardo Malva No172 Deposit 30% paid June 07, completion May 09
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Hi All,
I too paused for a rethink after reading Linda's post.
The last thing we want to do is to offend anyone who is in a position that may end in u getting some or possibly all of our money back.
We are outsiders here, with a basic understanding of how the legal systems work in Spain.
As Arlene said, we all know SJ and HdT are untrustworthy, and i hope that the amdinistrators and judge have seen this too.
We need to keep calm and not make any hasty decisions that may back-fire.
I also will not be sending the letter to the powers that be, but i will be asking the questions to my solicitor.
Incidentally, when i spoke to my solicitor in early January, she told me that the Judge in charge of our situation was a quick worker and she felt things were progressing at an acceptable rate.
She also voiced the opinion that he propably would not allow the administrators an indefinate amount of time to make the final decision and also that the courts are extremely busy at the moment as even more companies are heading down the same route as SJ and HdT.
Thankyou Brian for all the effort, it has certainly highlighted the strength of feeling amongst forum members and when the time comes to join together and fight, we will be ready and waiting!!!!
Vic
_______________________ Vicki
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Hi all
I was happy to put the time and effort into the letter for you and respect, as always the views which you hold.
The sending of a draft letter to a soicitor for advice may not have been the planned outcome from my perspective, if you wanted to ask your solicitors questions, please do so without having me draft the questions for you, is the onlly point to make concerning that.
My objective is to let the administration know i am here, am alive, am kicking and am ver frustrated and upset with such slow progress.
For completeness the letter is not addressed to a judge, its addressed to the administration and it is of that that body i am asking some very real questions and asking what their remit is and their plans are.
If the letter is sednt to anyone else, other than who its addressed to............its no longer the designed letter, its something else you are choosing to do and it perhaps deserves a different thread entirely maybe?
Whichever way you choose to let the administration know your fed up, do it now while its going to be in the open for them......but please make it something worhtwhile...sitting on your hands is not an option anymore, i firmly believe that
Good luck
_______________________
Best wishes, Brian
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Before i get off to Wakefield and do a couple of surveys, thought i would share one or two responses copied from my inbox this morning, without trawling through the saved ones.
Heres a snapshot of some responses....................for a balance of perspective
Hi Brian
Well done, and it's OK from me
Hi Brian, the letter is fine by me!
Many thanks for taking the time and putting the effort in.
I look forward to receiving the final version soon.
Hi Brian
We will happily send it but for accuracy in our case will amend your paragraph slightly - see below.
Definately with you! Will do anything to help our cause.
"Thank You" for taking the time and trouble to do this.
Cheers
Etc Etc...............hope we can at least make a point, it will have been worth it
Brian
_______________________
Best wishes, Brian
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Hi Brian,
I don't want to get into a silly spat of word games with you over this matter and take nothing away from either the time and effort involved in the final draft which as I have already stated is a job well done, however I have to reply to one of your comments since I am the one who contacted my solicitor.
"if you wanted to ask your solicitors questions, please do so without having me draft the questions for you, is the onlly point to make concerning that. "
It was not the questions I wanted advice about but the fact of sending the letter to the courts at all in any form, believe me I am more than capable of asking my own questions. I always felt it was not the questions themselves that mattered so much but to let the powers that be know how we have been treated by SJ and are not going to sit quietly and accept whatever crumbs they are willing to let us have (none probably).
I am not going to go over old ground but again but it highlights the different thought processes we all have and the chance for offence and misunderstanding to arise. We both speak the same language and there has been some misunderstanding between us in our emails, the written word is very powerful and and perhaps with the language and nationatily difference the offence may or may not be greater who knows?
I hope it all goes well for you and hopefully I will be eating humble pie several weeks down the line if your letter achieves the outcome and we get answers to your questions. I see no advantage in making or scoring points it's the end game we want to win and not the spats in between.
Again I stress I have no hidden agendas we don't agree on this one but perhaps we will join forces another day.
Arlene
Parcela R4 564 deposit paid 30% February 2007 Completition May 2008
This message was last edited by arlene2804 on 1/29/2009. This message was last edited by arlene2804 on 1/29/2009.
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Hi Arlene
Thanks for not getting into a spat with me, i am perfectly happy to respect your views and take on board what you say.
The letter you gave to your solicitors for advice, was the letter asking questions of the administration, in a respectable manner.
So the advice you wanted from the soiicitor was if you should send a letter at all?............that would clarify it perhaps then? So why not ask the solicitor if its a good idea, without sending the letter to him?
If the questions are worth asking and you want the questions to have the effect that you hope you will be eating humble pie and get some answers. but you want to do that without sending a letter, because your solictor says so, how do you do this without sending the letter? IIm confused on that point.
How would you achieve the ambition of letting the courts know about how the company has treated you? without telling them?Im not 100% understanding but are you saying that bit is missing from the letter, that maybe it should have gone further. Or maybe your soilicitor is really vocal and controvertial, and asks all the awkward questions to get results........if so you have found a gem there.
We backed off from the really awkward, because of disrespect.....................so im just saying im fed up of doing nothing and i really dont want to wait for someone else to do it for me, i want to ensure my solicitor and the administration share my frustration, by respectfully asking questions of the proper authorities in a proper manner. If i dont get any answers, i will write to any overseeing body of the administration also. Thats the way forward in my experience.
Crikey, what is there to be scared of?.............
Best wishes......lets keep our debate in private maybe now?
_______________________
Best wishes, Brian
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Hello
The PDF format letters have been circulated, one with each administration address on. Please pick yours, place your name address and signature on it, and i will be sending mine on Monday at the latest.
If you are in serious doubt, dont send it...no pressure, but a couple of points to make about some recent scare postings.
The letters are not to the judge
The letters are respectfull and are polite
The letters are asking for guidance
Also............the letters are asking for information of who to take a further complaint to if required...that is information we should already have.but havnt.
I believe its a good thing to do at this stage....its not a miracle cure but it does show that we are real people, with real issues........and we are awake and alive.
Post on Monday please then yes....................
Thanks...........Brian
_______________________
Best wishes, Brian
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Hi all
I still get asked for the letter, to send to the administration. I had a few PM's asking for a copy, this one came in today which i thought was worth sharing, and a good excuse to put this thread back in prominance.
Could you send me a copy of your letter please. Thanks. Also, in reply to some of the comments, I think even showing it to the lawyer/legal rep will show them that we are becoming inpatient and within their own circles will create discord. So even if people send it to their lawyer for advice, it will create a scenario that there are people out there willing to take up the fight. For me this is a good thing as it keeps up the constant irritation that we will become.
There is a creditors meeting with the judge & administrators scheduled for April.
Thanks for that informataion and those down to earth thoughts.........
If anyone still requires a copy of the letter send me your e mail on a PM.
Thanks Brian
_______________________
Best wishes, Brian
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Hi everyone.
On the basis that the arrogance of the concurso will ignore the letter some of us sent (which is exactly what was expected), the following is a brief note i have sent to my legal representative in anticipation the request will have to go further.
This is still very early days for the letter, but in order to penetrate the arrogance and unfairness of this regime, we need to have a continuity of action and request.
This is the very polite and reasoned next stage...............if your interested in staying with the action........send something similar to your legal resp and ask for further information.
Dear....................
We have heard nothing from the administration for some time now. I took the trouble to write to the concurso with a request to inform me what the timescale is.
I also requested information about what they are deciding upon, and what powers they have to correct anything they find.
I was insistent also in finding out who oversees the Concurso and who the general public can make a complaint to if there appears to be any unfairness, or it is taking too long, or there appears to be any injustice.
I havnt had a reply and i have the strong feeling there will not be a reply, which then becomes a complaint in itself.
Could you advise me please who the overseeing body is, that governs the concurso, and to whom we should direct a complaint in the first instance. I would be very much obliged.
Regards.....etc
Happy hunting to you all.stay with it and do something positive
Brian
_______________________
Best wishes, Brian
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Newsflash
I have had a reply letter from the Administration this morning.
As yet not translated, has any other recipient translated theirs yet?
Will get back this evening when i have done a day's work.....(to pay for the builder)
Brian
_______________________
Best wishes, Brian
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Hi Brian , don't really like going down to the big Smoke .I tend to get a nose bleed if I cross the border however I would be prepared to suffer for the cause in order to attend this event.The trouble with London is " too many people and not enough space " not good for a country bumpkin like me but I would like to attend and lend my support .Can you give us more detail or let us know where you found this information .Thanks MM/JA
_______________________
Nothing surprises me anymore
but I am willing to accept that sometimes (although not very often ) I can be wrong !
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Trouble with London and some parts of the South is that they tend to get the most funding, the governement give more incentives for industry to settle..............and the result is housing overheating, more traffic jams, more misery, bigger bills, bigger heads..............not that im partisan of course.
I went round Skelmanthorpe and Holmfirth today to work...........lovely driving, lovely people, lovely .......well just lovely.
Anyway........wanda.micklewright@talktalk.net....................or ...............annamicklewright@sky.com
These are the e mails for information and final arrangements.......i wil post further details as i get them but............whatever you do, whoever you are...............get these greedy ba**ards and stick them with the bankers and the politicians.
In debtors prisons
_______________________
Best wishes, Brian
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Aquellos polvos traen estos lodos.
_______________________
Nothing surprises me anymore
but I am willing to accept that sometimes (although not very often ) I can be wrong !
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Hi Brian
Dont hold us in suspense Brian. What did the administrators letter say? Hey MM ran your last post through babel fish and it still doesnt make sense! Is it some spanish saving taht does not translate literally???
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Joannie It means the chickens have come home to roost
_______________________
Nothing surprises me anymore
but I am willing to accept that sometimes (although not very often ) I can be wrong !
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