Advice on court action?

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Medina Elvira Tee 17 forum threads
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19 Oct 2009 12:00 AM by chartered Star rating. 6 forum posts Send private message

Hi everyone,

I haven't posted for a while as unfortunately in the early part of this year, I had to make the decision to pull out of my purchase, so I have been watching from afar.

I thought that it is important to share my experience and ask for some advice from forum members. We issued the developer with notification of our intention to stop the purchase process and invoke the clause in the contract, which would result in the developer returning 50% of our payments to us.

After 6 months, the developer has notified us that they 'have no money' to repay us, which leaves me with two options, either take them to court or walk away.

Has anybody had any experience with taking a developer to court? How long does the process take? How much does it cost? How much compensation did you receive? All in all, is it worth it?

From reading this forum and my own personal experience with Peninsula and the developer I would just like to say to you all please be vigilant as things are not as they seem and even if it is written in black & white it is worthless.

To all of you continuing with your purchase, then good luck to you and I hope it works out. It is just a case of circumstances that forced our dream to end.

If anybody can offer any advice I would appreciate it.

Thanks




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26 Oct 2009 1:48 AM by thelooney Star rating in UK. 116 forum posts Send private message

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Surely the bank as the administrator must now have this role with respect to your deposit?

Was your developer Nadasol or Peninsula?

My PPC says 32 month build time from Jul 06.  It's now nearly 40 months.  The PPC also states that the developer can refund contract deposits up to 40% IF WE DONT OR CANT COMPLETE.  Without the mortgage I wont be able to complete so maybe in the same position.




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