MORE GOOD NEWS.

Hi Folks.

Have not posted on here much for quite a while. Have been patiently waiting. VERY patiently waiting.

Waiting not in vain. Today we got our money back from SGR, when we executed our BANK GUARANTEE and it is already in our bank.

Who said that bank guarantees are not worth the paper they are written on???? Seriously though i really cannot remember but i can assure you whoever said it, they are. They are very legal and are worth their weight in gold, or should i say  euros.

The only problem is that you first have to get the court to cancel your out of date contract and then get the bank to agree to pay you which all takes a lot of time as the courts are completely inundated with claims for bank guarantees as well as many other different types of claims.

At the end of the day, those with a bank guarantee, will eventually get paid out but you do have to wait patiently sometimes.

Our nightmare is now over and we wish all of you with or without bank guarantees a speedy outcome to your situation.

                         Bob and Pauline.      Ex  SADM  and now somewhere BETTER. {R.I.P.}  Retired in peace.

Congrats, and glad you are one of hopefully many, that the nightmare is over for.
Bet thi is another posting that gives hope to people.

Well done Bob and Pauline !!

It gives some hope to others

Congratulations Bob & Pauline ,Well done ! Any praise for the legal eagle who got a result for you ? It is good for others to know who is getting results , Cheers MM          Sooooooooo glad you are out ,enjoy

Congragulations Bob & Pauline,

Your wait is over and you are released from this nightmare. Now you can really enjoy your retirement. We did not have a bank guarentee, but i wish all those that have, a successful outcome.

Kind regards

Gill & Keith

Hey Bob

knew you would post as soon as you got home, see you n Pauline  tomorrow for lunch and I'll hold you to the drink you promised me

L n D

Hi  MM.

When i first sat in front of my lawyer on the 9th. September 2008 about 1 year ago, she held up my bank guarantee and said: This is like a CHEQUE or BANKERS DRAFT: It must be cashed. I felt full of confidence in her and since then she has been brilliant although sometimes a bit slow to answer my e.mails {like most lawters seem to be}. Never-the-less she knew what she was talking about which is more than i could say about the first lawyer i used and dumped after 4 months when i suddenly realised i knew as much as he did about bank guarantees, if not more.

My lawyer is in Guardamar del segura near Alicante and she charged me €1600 including IVA to get my money back but if we had to take SGR to court she would have charged an extra €1000. Very reasonable fees for such a good and knowledgeable service.

I dont think it would be correct to publish her name and phone number on EOS but if anyone would like to know her details just send me a PM and i would happyly supply them to you.

    Cheers.   Bob and Pauline.

P.S. No i have not forgotten Linda. Will ring you in the morning.

Hi Bob 

Thank you so much for all the information, help and support  you have given on the forum and by PM .You are a true gentleman.  Pauline has found a real diamond  . I wish you both all the good in the world whatever you decide to do in the future  . Enjoy your retirement

Hi Bob & Pauline

Many congratulations, you must be so relieved to have your money back, i know that we all deserve a lot more than that and in many ways no amount of money would ever compensate us for what SJ have put us through but hopefully now you can put this bad experience behind you and enjoy each day!

I have a bank guarantee with the BBVA and my lawyer say's it cannot be executed because it is out of date and that it has a 90 day clause, (it had to be cashed no later than 90 days from end date) I said to her about the date being illegal etc but she just shook her head and said no you cannot get your money back. This is not just any lawyer, i made sure that she was on the British Consulate List of Lawyers so you see i am at a loss to understand any of this!

Would you mind very much telling me if your bank guarantee was out of date, or perhaps it was the type of bank guarantee with a clause that does not need a court decision and can be executed straight away (i now know that this is the proper type of bg to have) pity my then lawyer did not tell me this!

I would also be grateful if you could pm the details of your lawyer as i maybe could get yet another opinion.

Best wishes

FAR

Hi Far.

Our bank guarantee did not have an expiry date in it or any sort of clause like yours. Having said that, our lawyer like many others has said that putting a date in is illegal and if it has expired it is meaningless, as it should NOT have been put into the BG in the first place. As far as the 90 day clause is concerned, i think that it would be the same as the date, it should NOT be in there in the first place. Our lawyer said that once a BG has been issued it is for LIFE until the property has been built or until you execute it because they have not given you your property by the completion date or they have gone into administration.

Many lawyers are not up to speed on BGs because in the past in mainly good times they have rarely been executed and so a lot of lawyers have not dealt with them before.

You say that your lawyer is on the list of British consulate lawyers but is she SPANISH? As i said a lot of spanish lawyers are not up to speed with BGs so its a certainty that many english lawyers arn't either.

Either way i am so confident in my lawyer that i will give you her details and i myself would be very happy to accept her answer. You have nothing to lose by contacting her and just say that Robert and Pauline Beavis put you onto her because we got on very well with her and it may help you get a quick response from her.

Her name is Guadalupe Baena and she and her husband Jose own the company. Her assisting staff are also on the ball.

The company and adress is: GM legal experts. Calle Molivent 5. C.P. 03140 Guardamar del segura. Alicante. Spain.

Tel. {0034} 965 72 72 95.

Fax. {0034} 965 72 74 11.

E.mail:  guadalupe@gmlegalexperts.com

I may be wrong but i think your BG is o.k, because she once told me that a BG cannot work AGAINST a client that holds it. So there is a lot of hope left.

Good luck and we really would like to know her response and if it is a positive one you could do much worse than to use her.

Just to let you know, we are NOT on any commision for this we are just so pleased with her knowledge and service.

              Regards.   Bob.

Far.

Dashing about quickly and typing the post out i have accidently posted my lawyers details on the forum instead of as a PM to you.

As there are not any personal details in it other than my views and my lawyers details, and i am sure she wont be bothered as she is getting free advertising i will leave it on, and if anyone is having problems and wants a second opinion or wants a new lawyer, well the decision is there's. Its just my recommendation.

                          Bob.

Bob

Many thanks for all the information, your time etc as i am sure you would rather forget about all of this, i really appreciate this and i know a lot of other people will too!

I feel rather responsible for it going on the forum so sorry about that! it has happened to me before and it initially gives you a terrible feeling but i think when that happens it is really meant to be and i am sure your post will help many people.

Just to answer your question, yes my lawyer is Spanish and offers me no hope at this point other than better to keep waiting for your house at Pinet, she did say if my property was to be at Jumilla then it would probably never get built but as it was at Pinet, she seemed more hopeful. She completely and utterly dismissed our bg after looking over it, we were devestated as it is for 80000 euros.

We will certainly get another opinion from your lawyer and will let you know the outcome.

FAR

Far.

No problem. I could have deleted it straight away but that would have meant re: typing it on a PM and i had neither the time or the inclination at the time.

Fingers crossed when you get your second opinion and i hope it is a positive one. Anyway, if it is not, i also think that although Jumilla probably wont go ahead even as a smaller version, there is a good chance that El Pinet which is about half finished and much smaller may well be completed. So as things stand at the moment you still have 2 bites at the cherry, so can still feel upbeat.

Good luck.            Bob.

Thanks Bob

I hope you and Pauline have a lovely retirement, ENJOY!!

Very best wishes to both of you

FAR

congratulations to those who have received their money back, i only wish that we had a bank guarantee!

our solicitors have been in contact with us, in relation to the property we put a deposit down on at Jumilla.

They have inofrmed us that we can cancel our contract- which would mean that HdT would only have to pay us 50% over 5 years or we can hold out for even longer and they cannot then tell us what % or result we might get.

what are your thoughts on this matter?

sometimes is it better to cut your losses or not?

Also when you have received your money back is it at the new exchange rate?

Your thoughts will be much appreciated.

hi rldoods

Only my opinion but I think the longer it goes on the less there will be left to pay anyone anything . Also keep in mind that SJ/HdT have not been fair in allowing purchasers to cancel the contracts and are forcing people to go to court to cancel .I have had to do this and it has cost me around £3500 .

It is therefore important to weigh up all your options depending on what your deposit amount is and what the legal costs will be .

Another thing to think about is that the contract is a two way  legally binding contract,therefore in the unlikely event of SJ actually building the house to any standard and with limited amenities you would be legally obliged to complete . For this reason I was extremely  happy the day my contract was resolved at court because it means that I  no longer have any  legal obligation to SJ whatever  happens .  

Although  it is very unlikely that anything will ever be built at  SADM the fact that the contracts are legally binding on both parts should still be a consideration . What if they do start building you are legally obliged to complete on your  house  and may only find yourself taking SJ into court further down the road for  breach of contract as the properties will likely not have habitation licenses ,unfinished infrastructure,  none of the promised amenities  .Although many at El Pinet  have their houses the legal battle may just be beginning .Not a situation I would wish to be in.

It has and always will be my opinion that they have treated all of us appallingly and are a bunch of crooks and I believe they will do whatever they can to wriggle out of paying anything back to purchasers if they can get away with it  . Only my opinion .

As for those who have been paid back using BGs .They have been paid back in Euros therefore can exchange it at current exchange rates some have also received interest at  6% for each year  as it says on the BGs that interest must also be paid .

Best regards MM

Thank you kindly for your response.

In many ways i do agree with you, i feel that we have all been treated unfairly and i really do just want out of the situation.

In no way whatsoever, do i wish to go ahead with the purchase of the property and therefore feel that i am better off to get out before the situation becomes even worse.

Good luck to all, and i will update with any more information i can.

This for rldodds,

Re-reading your email raises many questions and also makes me wonder what you're being told.

Cancelling your contract would only be necessary if you are still within the timescale laid out plus the three months grace.  But this is not the question.

San Jose or HDT (just different members of the same family) are in no position to make deals about contracts as they are not in control.  Surely no decisions like this can be made until after the creditors meeting and after the administrators final decision.  If they are liquidated where will you get your 50%.  I would question your lawyer, what deals are they making in the background.

As for being paid 50% over five years, how are they going to guarantee this, were will they get the money from, are they going to pay out of their own pockets, or do they have guaranteed sales of their land and assets.  More questions.

The only thing HDT have been allowed by the administrators to sell is some land.  And nobody, not even the lawyers (about 120 in total) can make these decisions.

Any deal forcing you to accept less should be looked upon at the very least as suspicious, although obviously nothing is what we might end up with, but how can they guarantee anything at this stage???

Regards to all.

I agree with a lot of what is being said. I personally believe that no one will get anything back except those with a VALID proper bank guarantee.

MM as far as i am aware, you are not obliged to complete until the habitation licence is granted, i know many have completed at Pinet to their peril but there are also others actually living there in their property who have not legally completed or paid the balance and are legally allowed to wait until the lfo is granted.

IF our house ever gets finished and a very big IF, we would not be completing until the lfo but if things ever change ref our bank guarantee, we shall take the money and run and happily wave goodbye to Spain, SJ etc for evermore.

FAR

Dear Redman , I hear what you are saying and I know it seems ridiculous given the circumstances however  !!!!!! !!!!!!! as you say.....

"San Jose or HDT (just different members of the same family) are in no position to make deals about contracts as they are not in control."

They are in just as good a position as us  ! The contracts are legally binding both ways !!!!!!! and the Administration are backing them to the hilt  and f~~~~ ing  the rest of us !!!

 As far as the habitation certificates are concerned .How many have completed without  ? Once the keys are dangled ,who cares . Many will go for it .

This has happened before and will happen again  !!! 

Look at the mess  El Pinet are in now and ask yourself why ? How many completed with out a  Licence of first  occupation ?????  How many followed suit as it seemed to be the norm  and did the same 

 It happened  then and will happen again .

You only need to look at SARC / Tony et al to know they will do the same regardless of the consequences to themselves  or  the others  that will follow in their path .Sad but true . If Tony (IWMH) ever gets his house finished !!!!!!    is he going to argue about the mere formality of a Licence ? I think not because SJ are a reputable company " no need to ask that such  trivia as licences are in place " and the whole circle starts again .Fools rush in etc etc etc  !!!!!!!  I am just glad I am out !!!!!  MM