Good News for Some I Suppose

May open up some old wounds but those who decided to on proceedings to have their credit classified as "contra de la masa", probably now have a slight hint of a smile on their face, in view of recent events, but what of the others? 

why what has happened?

If you are one of the people who took good legal advice and instructed accordingly, possibly well worth requesting and update from your legal team. Should be some positive information for you.

 I am and I did get some very positive news today but I did not believe this to be linked through the courts. I have sent you a PM and perhaps we could exchange news??

Hi  I am   MM

Hi all I have had 28 PMs asking for more info about this thread and giving very interesting up datese people have on the latest news  via their legals etc  .It is a shame no one wants to share on the open forum anymore . I don't think it is down to me Fin or joannie "the mischievous little band " as Tony etc like to call us .We only ever try to get to the truth .I believe the reason no one wants to post facts anymore is that they get lost in all the SARC drivel and lies .

I would urge everyone to post the facts and truth and take everything SARC says with a pinch of salt they are really misguided when it comes to what is best .Of course everyone getting their house is the ideal but it is not going to happen SARC have made a huge mistake in trusting SJ and Almu and it will very soon become apparent . MM

 didn't know I was part of the band but glad to be so. thanks to both you and FIN for the heads up on so many developments!!

Lets hope this is the end of the long road for us all!!

hard luck Tony!

secret society more like

Hi to all,

There are some important news but we still have to wait for a Court decision.

Tuesday, 28th of April, the Court sent us the replies from both the company Herrada del Tollo SL and the Administration with regards to the petitions of many buyers (creditors) of having their credits classified as "credits against the mass".

These replies oppose these petitions, but now its up to the Court to make a decision, which is what we are all now waiting for.

The other important news is that yesterday 29th of April the Court sent us the replies from both the company Herrada del Tollo SL and the Administration with regards to some of the Court claims asking for the resolution of the contracts.

Both agree to resolve the contracts and add the interest as part of the credits, but disagree with the petition about having the credits qualified as "against the mass".

We will have to wait for the Court decisions.

Regards to all.

Hi Joanie & MM,

Sat at my computer feeling quite despondent and reading all recent events. Have recently had an email from solicitor but all he said was that he was waiting for the courts to make there decision. Please will one or both of you send me a private thread as to what you have heard.

Many thanks

Gill 

I'll tell you as I have always shared info,  Jilly nothing secret just read Martin's post you will then have the facts then contact your solicitor and ask the question

So Gill, no need for anything from us, as you have heard it from the expert.
Without even knowing what other's legal advisors have notified them of, his words of wisdom are "just read Martin's post you will then have the facts"

And some wonder how and why they got in the mess they did.

PS. At the start of the thread, irrespective of what Martin, Tom, Dick or Harry said, I did state "possibly well worth requesting and update from your legal team"

Martin

Thank you. 

Christina

 thanks martin. really good news for everyone concerned and a good first step I believe in many securing their money back. I think I may open a bottle of wine tonight for once I might sleep a little better

Hi all

I have been away from the forum for many months now, due to all the bickering and slanging matches going on........and I see nothing has changed.

FOR THOSE CONCERNED........."GET A LIFE"!!!!!!

The reason I'm posting a reply to this post is that I have also had good news from our Lawyer, and things are certainly looking more positive than they were a few weeks ago.

Some good advice was given on here, many months ago, and that was to seek legal advice about the possibility of litigating against HDT.

So glad we went down that route, and spent a bit more to do so.

Hopefully, in the not too distant future, we will have our funds back.

Just feel sorry for those who decided not to take any action.

Good luck to you all......whatever you want.

ISWMMB............THE DREAM IS DEAD AND BURIED !!

Excuse my ignorance but what does this actually mean ?, I am still waiting ofr my solicitor to get back to me. I have read the update from Martin at Abolex but I am unclear at to what it actually means, would be grateful for an explanation.

Mark and Paula.

Not sure what it is you don't understand or where to start with an explanation please clarify what you want to know and I will do my best to explain .MM
 

This message was last edited by MAGICMEG on 03/05/2009.

Mark n Paula

How's life in East Yorks?

I have sent you a pm as I don't want the expert on here to know what i am telling you it is not me as suggested but someone who stirred at every opportunity

Dave n Linda

 Hi barry. we spoke by phone and I am really really glad that you made the decision to get good legal advice. lets hope soon that you have money back and this whole mess behind you! I am truly pleased for you.

Hi Mark and paula. Hope you are ok? The basic answer is that there were two different beliefs on this forum. One side advocated taking legal advice against Herrada del tollo to try and recover monies, the second advocated doing nothing as (all would come in the end and you would get your house) this would be a waste of money. Just for the sake of fairness and bias I have always been in the first group!

Thankfully many took legal advice and the start of decisions being made by the courts have started to come in. Firstly the first groups of purchasers who asked for their contracts to be resolved have had this granted. I understand from my lawyer that there are many many hundreds who have made this request. (Now I appreciate this is hearsay but he has spoken with other groups solictors so I take his word in this respect) Resolution has been granted with interest. Whilst others have not heard about their individual cases yet, if HDT and administrators have agreed this for one group they have set a course for the others (providing they have put as compelling a case together as martin obviously did (nice work by the way) I know that our solicitor did!!

There is still some way to go as the court still has to decide credit against the mass. This is on the legal argument that, as the properties were never built and that monies should have been kept in a separate account that the deposits we paid are not technically Herrada Del Tollo assets but our stored money. In this sense it should be given straight back to us and not shared across creditors when liquidation happens. This will be the most important decision for those without bank guarantees. Fingers crossed.

What it does mean however is that, even before the SARC report is published, is that santa Ana Del Monte is dead in the water. The reality is that it always has been but this seals the nail i the actual coffin. With those buyers committed to purchase having their contracts resolved then there is no way that an investor will part with money and the site will be bought out. Part of the concursal report actually stated that it would require no resolutions of contract for the site to have even a remote chance of continuing.

I therefore believe this to mean that it will not be long before Herrada Del Tollo is put into liquidation. I therefore hope that those people who still wanted to believe in the possibility of getting their house and SARC did so with a firm legal case behind them incase of failure. Otherwise I fear that people such as Tony and Brian who told people not to take legal advice and wait will be the biggest losers of all. ( again, many of us knew that already this was just the nail in the coffin!!)

I am looking forward to next week!!!!!

 IWMBBB!!!!!!!!!!!!!