REFUNDS LAS HIGUERICAS FINCA PARCS

Surprise Surprise.

GENERIC MESSAGE

Dear Sir/Madam,

As the result of a meeting with Antonio Hernández Gómis, it is with deep regret that I have to inform you that, in spite of heroic efforts by Antonio, the Finca Parcs refund process has failed.

If you have instructed one, I suggest that you contact your solicitor as soon as possible.

You could also try looking at the www.fincaparcsactiongroup.com web site.

It is with sadness that I am sending this message, as I feel that I know many of you personally.

I would like to take this opportunity to wish you success with your claims, and best wishes for the future.

Goodbye.

Regards

Max

Hi

As we know the Finca Parcs Refunds system was launched in September 2009 and promised a refund for all Finca Parcs clients without Bank Guarantees.

Cleyton GES SL / Finca Parcs Refunds has failed to deliver the promised refunds.

This latest development, which is not unexpected, does not affect the FINCA PARCS ACTION GROUP and our legal action against Cleyton GES SL and CAM Bank.

I know that Max Kite has worked very hard collecting and collating the data received from clients.  I have always found him to be very efficient and courteous during my communications with him on behalf of our group.

Kind regards

Keith
FINCA PARCS ACTION GROUP

Email:   fpag@btinternet.com
Web:    www.fincaparcsactiongroup.com 

Not totaly unexpected, seeing how he (Antonio) has treated his previous clients before the Fincaparcs debacle.

I have communicated with Max and can also state he was helpful as far as he could be, he obviously had nothing to do with the company before FP went down the tubes and nothing to do with the former Fincaexpert and the calamity that still persists at Finca Los Mazones. Good luck Max in any future venture.......

and good luck FPAG in the ongoing process of recovery of your deposit's. We will assist where we can.

Pete

By Max. Quote In spite of heroic efforts by Antonio Unquote..  Are we talking about the same man who has conned many people, apart from the unfortunates who invested in Finca Parcs, out of their life savings?  How "heroic" can you get!! I can think of many words to describe Sr Hernandez Gomis, but herioc would not be one of them Max.

This message was last edited by Sam Boddy on 05/03/2010.

Let's be very realistic here, the Finca Parc Refund System was in essence a smokescreen to give Antonio bandido more time and temporarily less grief.

For anyone not yet working to secure the return of their deposits and interest via either a solicitor or the FPAG, please don't fool yourself any longer, no miracle is going to happen here. You need to actively chase the return of your money!

I must thank and congratulate Keith of the Finca Parcs Action Group for his continued efforts and commitment and also a few people such as Bernice Robinson who were raising alarm bells over the scheme a long time ago and were ridiculed on this site at the time.

Muchas gracias!

Colin

I would also like to thank Keith for all the effort and time that he has personally put in on all our behalf's to reclaim our deposit's.

Kind Regards

Karen

Karen & Colin

Thanks for your kind comments.

You can be sure that we will leave no stone unturned in our fight for justice!!

Kind regards

Keith
FINCA PARCS ACTION GROUP

www.fincaparcsactiongroup.com

fpag@btinternet.com

HAVE RECENTLY RECEIVED A FULL REFUND ON MY BANK GUARANTEE, WOULD HAVE MUCH MORE PREFERED TO HAVE HAD MY PROPERTY INSTEAD !!  IT SEEMS THAT THERE HAS BEEN NO PROVISION MADE AT ALL FOR THOSE OF US THAT WANTED TO CONTINUE WITH OUR PURCHASE ONCE THE CAM BECOME THE FULL LEGAL OWNERS OF THE SITE....... WHICH WE ALL KNOW WILL HAPPEN FOR SURE NOW THE PROJECT HAS BEEN DECLARED LEGAL. 

Chingo

I am pleased that you were lucky enough to be issued with a Bank Guarantee by Cleyton GES SL & CAM Bank. 

I notice in your posting dated 2 Oct 2009 you stated:  "Good news today i have received a refund of my initial deposit transfered straight into my cam bank account, its taken a couple of months to get.  My second stage payment was not covered by a bank guarantee but i have been assured that it will be covered by a new system being put in place by the developer and will eventually get a full refund plus interest.  Waiting with baited breath to learn what this new system will be"

Then in today's posting you say: "HAVE RECENTLY RECEIVED A FULL REFUND ON MY BANK GUARANTEE"

So did you get the refund on the Bank Guarantee in October 2009 or just recently?

And what about the second stage payment that you mentioned in your posting on 2 Oct 2009, which you say was not covered by a Bank Guarantee?  Have you also received a refund for this payment? If so, how did you obtain the refund and from whom?

It seems there was no provision for purchasers to complete their purchase and take posession of the house because as you know Cleyton GES SL abandoned the site in May 2009 and since that date on every judicial judgement against them have been declared as 'Ignorado Paradero', which means 'Whereabouts Unknown'.

Hellin Town Hall did not issue any Licences of First Occupation as the final work they instructed to be done was not carried out by Cleyton GES SL.

With the developer not wanting to be located, CAM Bank suspending the funding and the Town Hall not issuing any occupation licences then who would have been in a position to make a provision for those of you that wanted to complete their purchase?

The Green Party and the Ecologists did challenge the legality of the planning permission and building licences and on 11 November 2008 a judge in Administrative Court Number 2 in Albacete declared the building licences on Phase 1 'Anulada' (183/07).  However in January 2010 the Superior Court in Castilla La Mancha overturned the Anulada status and declared the licences valid.  This was under sentence 00017/2010.

However we were told categorically by the Hellin Town Hall in June 2009 that the reason they had not issued the Licences of First Occupation was NOTHING to do with the Anulada status of the building licences as they always believed this status would be overturned.  The reason for not issuing the LFO's, as mentioned above was due to work not being completed by Cleyton GES SL.

We, the FINCA PARCS ACTION GROUP, have never said that the planning permission or licences at Las Higuericas, Finca Parcs were illegal.  What we did do was ask for an explanation from Cleyton GES SL regarding the Anulada status in November 2008, which was duly provided.

So as you say, the planning and licences are LEGAL, but what is ILLEGAL is the fact that since 2004 Cleyton GES SL and CAM Bank have been accepting off-plan deposits and failing to issue the legally required Bank Guarantees as required by LEY 57/68 Article 1.1 and 1.2.

Since paying our off-plan deposits, in good faith, all we have ever demanded is our legal right of having our money protected by the legally required Bank Guarantees.

We have listened to nearly 4 years of broken promises and excuses from Cleyton GES SL and CAM Bank.

If you have received a 'FULL REFUND ON YOUR BANK GUARANTEE' as you state then you should have received legal interest in addition to the deposit amount and had your legal fees paid by CAM Bank.

It may be the case that despite all the problems some purchasers would still like to buy a house at Finca Parcs.  If and when CAM Bank take possession of the site then I am sure they will be more than willing to offer you a house at a very much reduced price.

However, in my opinion, the most important matter right now is the fact that around 85 purchasers (62 currently in the FINCA PARCS ACTION GROUP) still have their hard earned money at risk due to Cleyton GES SL and CAM Bank acting ILLEGALLY by failing to issue the legally required Bank Guarantees.  If as you mentioned in your posting on 2 October 2009, you have a second stage payment not covered by a Bank Guarantee then I would count you in amongst the 85 purchasers mentioned above.

Kind regards

Keith
FINCA PARCS ACTION GROUP

www.fincaparcsactiongroup.com

fpag@btinternet.com

How much golf?

www.spanishpropertyactiongroup.com

BANK GUARANTEES IN SPAIN

PETITION

www.bankguaranteesinspain.com

Thousands of Off-Plan purchasers in Spain were not provided with the legally required Bank Guarantees and in many cases where Bank Guarantees were issued the Banks & Savings Banks are now refusing to honour them.

Off-Plan purchasers are the innocent victims in a trail of lies, deception, negligence, lack of due diligence and complete lack of control within the real estate sector.

Many purchasers have been forced to take expensive and lengthy litigation proceedings in an effort to have their inalienable rights which are granted by LEY 57/68 upheld.

In a direct response to these abuses, we have now launched a PETITION for purchasers of Spanish Off-Plan Property who are currently suffering or have suffered ANY type of Bank Guarantee abuse.

The main aims of the PETITION which is primarily addressed to Spanish President, Mr José Luis Rodríguez Zapatero and the Governor of the Banco de España, Mr Miguel Ángel Fernández Ordoñez are:

• To expose the negligent actions of all those involved including the Banks & Savings Banks

• To highlight the unacceptable delays innocent purchasers are unnecessarily being subjected to in the courts

• To force accountability and demand justice

• To ensure change for the future

The ultimate responsibility lies with Mr Zapatero and the Banco de España for their failure to adequately and effectively supervise the Banks & Savings Banks who are the guardians of LEY 57/68 and who were the 'vehicle' through which the illegalities were allowed to operate.

This is a serious public order matter and our petition demands that the Banco de España and Spanish Government act immediately to ensure that:

• Any purchaser not provided with the legally required Bank Guarantee is   
refunded immediately in accordance with LEY 57/68

• Any purchaser in possession of a Bank Guarantee, where the developer has
clearly defaulted on the contract, is able to execute the Bank Guarantee, in accordance with LEY 57/68, without the need for litigation

• 'Fast Track' specialised courts be established

• The Spanish Government and Banco de España must immediately set up a fund to underwrite the refunds on all Bank Guarantee cases

• The Spanish Government and Banco de España must act now to ensure the abuse being suffered by innocent off-plan purchasers in Spain is ended immediately and that it is never allowed to happen again.

If the Banco de España and Spanish Government fail to act within defined timescales on the above issues then we ask the European Parliament and European Commission to take firm and effective action demanding that these very serious financial illegalities be addressed as a matter of extreme urgency.

This is the most extensive Bank Guarantee petition ever undertaken and it is essential that we gather as much information as possible to ensure we are able to present a comprehensive dossier of evidence and a complete account as to the scale of abuse suffered by innocent purchasers.

Please go to the Bank Guarantees in Spain website and add your voice to this very important PETITION:

www.bankguaranteesinspain.com