MONEY BACK !!!!!!! OH HAPPY DAYS

Just Received the following e-mail

Just received the following e-mail

mark t

or are you graham from parador in disguise

What has hjappened to Markt?  Did you get your money back in to your account or not?

Hi All

We had 16,456.11 Euros land in our Spanish account today.

It appears that the barrister convienietly forgot about the 2,500 euros we paid him back in Jan 2008

Just have to wait and see how long it takes for him to transfer this and for the judge to rule on legal expenses plus intrest and release the money from the court.

Did you have a bank guarantee for this money?

Muggins

We had a BG for our 1st payment which was cashed in Dec 2007.

We didnt have a BG for this payment, Court proceedings were issued in Jan 2008, so its taken 21 months to get to here.

Anyone reading this thread - must remember Huma has changed their stance since 2008. They have done everything to avoid repaying anything since the middle of 2008.

They have mortgaged most (if not all assets) @MCC and there are few if any assets that have no sort of charge against them today.

This makes enforcement difficult if not impossible by embargo (as there is not enough value in resale  after  loans repaid - if sale ever was forced - which I am not sure would happen).

There are embargos on many outstanding assets as well as mortgages. There are many ACC clients that do not post to the forum -so we do not get the full picture here.

I am not sure solicitors have been quite open with us regarding chances of getting our money back through this route   (though they have been happy to charge us fees for it). They either knew or under estimated Huma or just happy to take our money with no chance of recovery!

What we need to know from someone is where does the money go from the mortgage - surely into a Company Bank account - from which solicitors could force repayment. I still believe there is substantial money somewhere - why can't any solicitors force payment?  - why do we need useless embargos? ... this approach is not working!!! If Huma Med are bust - why do they not go ito liquidation? The fact Huma Med keep trading means they want to hold on to MCC & ACC at all costs - surely the solicitors can find a way to force payment by some method? I can't believe that Huma Med can stay trading and ignoring court orders to pay - I feel the solicitors are letting us down.

John

Personally I think they may have acted like the Rover directors did - taken all the money out of their company and put into private accounts.   Large diectors remuneration, dividends & pension payments. 

I agree with John I don't think there are many if any properties at MCC which HUMA have which have not got a mortgage on.  My solicitor has taken embargos out on 3 on my behalf - 2 had mortgages and one had an embargo placed on it berore me (ie I am second in line).  The equity in the 3 properties in the current market is less than the embargo and mortgages on them.  So from my point of view they are worthless.  My solicitor seams to be unable to find any other property to place an embargo on.   I feel anyone following on with a law suit is wasting their time.

Where do we go from here?  Have a think about the following:

1)  ACC - if this now has full licenses in place is it possible to place an embargo on that?

2) If ACC has licenses in place what are the state of the half built properties there?  How much would it cost to complete them?  Is there any way that all of us eithout BG could do a deal with HUMA to take the site on and complete the half built properties?

3) Sue your original solicitor for lack of care.  If they did not advise you of the situation re the licenses and didn't obtain a BG surely they are liable.  My understanding is that all solicitors must have professional indemnity insurance.  The advantage with thisd is the Insurance company would have to pay you back therefore on winning your case you are guaranteed to get your money back.  The problem with suing HUMA is not winning the case but getting your money back once you won.  This should not be the same in suing your solicitor.  There is an interesting thread on this site about taking legal action against your solicitor.

4) Do nothing - hope that the property market picks up in a few years and that HUMA will finnish ACC and you get your property.  (Minimum 5 years probably 10 years).

5) Just walk away and forget it all.

Q: If you ''cancelled''' / pulled out and are owed money either from deposits paid or installments paid what re course do you have against your original property should it ever be built  / completed ?

In one way the orginal contract is probably not valid. Particularly if you have had some money refunded.

Where do we stand in this case ?

If / when ACC is ever completed this developer would probalby carry on as if nothing had ever happened and contact you for next payments.!! My answer would be, that they complete the entire property and development with everything in place and built they first promise, with full HB licenses  -   then  -  they may get some more money out of me and a final purchase as agreed in original contract. Until that day arrives (and hell freezes over)................................they still owe many of us money.

Philmel - you have posted on the forum with me for as long as I remember and we are all in the same sinking boat!. Sorry - not to say your questions are not valid - they are! However,  the important issue is not where we stand in law - it is what will Huma do?

They have refused to repay our installments - whether with a BG or not!

The worry is they will sell the ACC site to Huma Ripoff SL and resell the plots to the next set of mugs- legal or not! Leave us in the lurch! Our contracts have been worthless pieces of paper anyway!

I would not hold out much hope - Huma have blocked every avenue to get refunds or any satisfaction (via abortive transfer to OTCC) - they seem to make futile gestures to pretend to build. They have realised it is much more lucrative to sell properties and never actually build them! Look at the sudden postings on OTCC about land permissions around OTCC - did any solicitors on OTCC warn about this before cancelling ACC and signing for OTCC?

The whole thing is a scam or massive cock up - whatever -  many MCC residents will never get a HC or mains services or a golf course. The resale value (if you can resell) of their plots will continue to decline in value - not just caused by the market!

No one can trust Huma to do anything that reflects moral and legal behaviour.

There is little point speculating on the future - we have all fallen to bad advice from Huma and solicitors - and where are we now! For those without Bg's - our options are diminishing! There is no sign of any sort of satisfaction in the future!

Obviously Spanish law is totally against us or solicitors are not doing their job to help us get our money back!

The years just roll on - unfortunately! The longer it goes on the more empowered Huma will feel to rebuff us and ignore us and any law! Because the law does nothing!

John

The problem with suing HUMA is not winning the case - they don't even bother to turn up - the problem is HUMA have no assets with value in their name to take (with the possible exception of ACC).  I still feel that the only way forward is to sue your original solictor (read Maria's thread on this- on eye of spain) as by law solicitors have to have profession al isurance liability.  If they have this then on winning the case you should not have a problem in getting your money back as it is not the solicitor but the Insurance Company that will be paying you back.

Has anyone else received bankruptcy notice from aldea? I wonder if they have received the news that they are being taken to court by numerous clients!! and trying this tactic to try put us off, surely they must know a good lawyer can find out if they have assets or not before the actual court case.. any views on this??