Corvera Solicitors letter received - Breach of Contract

In answer to the questions posed to me below, the only reason I originally asked the Lifestyler / Investor question was to ascertain the underlying objectives of those that bothered to contribute to the forum as it's then easier to understand their comments.

For myself I wish to make some rental income in order to help fund the purchase until I eventually sell in the UK and clear the balance. Making a profit beyond the funding of the apartment is of no great interest to me as it would be to someone who has bought purely as an investment. If the apartments residual value hasn't gone up in the next 20 years, I don't really care as I have bought it for the lifestyle, not as an investment to make profits.

That all being said, yes, I would also like to see ALL the promised facilities but more than these I would dearly like to see Calidona start to build my apartment next to the roundabout.

PS. Smug I am not as I'm probably in a more uncertain place than either of those that have completed and have an apartment or those that have made their minds up to withdraw.

Hi Anita

Buying 'off plan' surely means what it says i.e. buying off a plan and not from sight of the finished development. The plan I was shown included all the missing facilities. If they had shown me a different plan I would not have bought. Seems pretty straightforward really.

I was also given promotional material by Corvera which gave completion dates for various phases including my property. My lawyer told me the promotional material formed part of the contract under law. I am now suing as a result of Calidona's failure to meet their own deadline. Also straightforward I think.

I will have a long wait to get to court (it has already been 2 years and 2 solicitors) but that is the price I pay for a poor decision. I accept responsibilty for this.

I admire your nerver-ending determination to pretend there is no problem (I think). Whatever works for you. Sounds a lot like denial but maybe I just dont recognise positive-thinking when I see it.

SteveorJane

Dont follow your logic old boy/girl: You have decided to complete and don't know when you will get your house. I have decided not to complete and don't know when or if I will get my house, which I don't want, or my deposit back, which I do, or when either will happen. Sounds like your position is less not more uncertain than mine. 

jdy

the final decision to complete/not complete will only be made once the apartment is built.

Before you pick up on my 2buying furniture" comment made on some other thread somewhere, I may have purchased some furniture, but that can go into any property on any development in any country.

I was just teasing.

Hi Anita – it’s really pleasant to hear from you again but I just think that you are missing the point somewhat. Personally for me I simply do not trust that this developer will deliver what was promised and has actually made false promises to get us here in the first place.

Great posts Mr Unhappy, you have covered all the issues with eloquence and a thourough understanding of the situation.

i am staggered at the level of naivety by some of the posters on here (Hi simon m by the way). Where does this attitude of complete resentment towards investors come from? Am i the devil incarnate because i thought i would try and make some money by buying some premium property to lease out ? Do you think you are somehow special because youre reasons for buying are different?

How the hell can you point the finger of blame at those people that dont want to complete because we have been sold a false dream?Calidona have been criminally negligent in the way they have treated everyone that has put their hard earned money into their bank accounts, that includes you Simon and Anita and Steve(lifestyler). They have taken our money under a blaze of very impressive marketing,selling a "country club " in the Spanish countryside, equestrian centre,sports facilities, business centre,medical centre,5 star Devere hotel, clubhouse,bars,restaurants..... "everything you would ever need on your doorstep!" and just what has been delivered? an apartment with some communal pools a golf course that has been opened too quickly and miguels coffee emporium/shack that has a couple of bikes to hire.... thanks a flocking lot but no thanks Calidona.

How Simon and Anita can then have the nerve to start blaming anyone else apart from Calidona for this situation is unbelievable. This has nothing to do with the GFC or euro appreciation, this is all about being told that you were going to buy one thing  "a 5* resort with amazing facilities" at a premium price and being deliverd a run of the mill 2 bob golf course apartment. That is called misrepresentation and is tantamount to fraud. Ask yourself this would you pay 50,000 pounds for a  mercedes and take delivery of a V.W GOLF? Because in a nutshell that is what we are all being asked to do. If Calidona had delivered what they sold us we would all be happy to have completed, irrespective of GFC and currency falls. Calidona took my money in april 2005  and prior to that took a lot of peoples money for Roda,  GFC did not really kick in until Lehmans failed in autumn 2008. They had all the time in the world to make good on their side of the bargain and they lied, lied and lied again so i am afraid i am not going to fulfill my side of the agreement.

If you have completed then good luck to you and i hope that eventually this company make good what they have not done so far, but please dont start pointing your fingers in my direction, the only one to blame is Calidona.

regards Dave

Spanhod

Who's blaming who - if you read my post properly I says it was just a 'novel thought' - no blame.  I was merely putting forward an alternative to a comment previously made which said it was down to the legal group that progress on site was being made.  That is an assumption, my comment was not.  As for "how Simon and Anita have the nerve" - where do you get off.  As has been widely said on this forum it is just that, a forum - a place for people to openly share their thoughts.

Spanhod, I.ve only ever pointed a finger at the keyboard.

In the words of Ivana Trump.

"We are who we are!"

"We do what we do!"

"It is what it is!" (OOOOOH! that one prickles a little)

Hi Dave

Right on baby.

Yo Anita,

It is a forum. Dave is only giving his opinion. It cuts both ways.

And I was only giving mine.   This could go on forever (feel better now jdy - didn't realise it was so funny).  But if you are trying to criticize someone for their post, it is important to understand what the poster is trying to say before you start getting personal.

This message was last edited by Anita on 04/02/2010.

This message was last edited by Anita on 04/02/2010.

You've got me there. Perhaps Corvera should make that its motto? Just a novel thought.

'Corvera Golf and Country Club. This could go on forever'

(PS Anita. You cheated removing that last remark from your post!)

This message was last edited by jdy on 04/02/2010.

 i suggest you reread your post and that of simon m... 

anyway you keep on being an apologist for Calidona ,but the irony is you are getting shafted more by them than i am because they have got all of your hard earned money.

When you and i bought off plan in 2005 i was under the impression given the marketing literature that i was buying something a bit special, i assume you thought that to. Now 5 years down the track it appears that really was never their intention so they have lied to us. Yes i was very naive when i bought , my solicitor said the contract was standard and fine and i kind of assumed(wrongly) that a company couldnt  say they were going to build one thing with lots of glossy literature and then NOT actually do it!

5 years, 10 years.. 15 years at what stage will you be asking them where are the facilities that were promised? Roda still havent got theirs.

I hope i am wrong but i am not prepared to gamble any more of my money on a company that has already proven itself to be rotten to the core. If they had actually showed any intention of delivering a product that was advertised we would have all completed.So dont imagine its anyone elses fault .

Spanhod Dave

You are so clearly right it is not worth repeatedly making your case, my man. 'There are none so blind as those who will not see'.

I suggest you adopt the new Corvera motto below(with a phrase handily coined by Anita in her post though subsequently removed which is a bit unfair I think) rather than expend all your energy on long although accurate postings and let that speak for you.

In brotherhood.

This message was last edited by jdy on 04/02/2010.

This message was last edited by jdy on 04/02/2010.

 to true Jdy, head, banging,brickwall etc etc...

i actually preferred your little monicker of " father of teenagers growing faster than Corvera"  

thanks for that cheered me up!

regards

Dave

p.s

Steve i must confess i have pointed a finger at you a few times whilst reading your words of wisdom...i bet you cant guess which one?? (clue- it wasnt my thumb!)

Sorry jdy, what has been removed?  I must have been editing my post when you were posting, but I only added, not deleted.  As my posts seem to be causing you great humor I feel obliged to tell you to go a little further down the postings where you will find the bit you are looking for "novel thought" - there you go I have done it for you.  Happy now?

Now, once and for all, I am not defending Calidonia at all in any way whatsoever.  All I have tried to say is I was never promised a completed resort on completion of my property, therefore, I do not feel in a position to judge Calidonia on the current state of Corvera.  That is the very last time I will say it.  Come back with what you will :)

If you want to talk about snagging, well that's another story altogether!

Probably the one you've got stuck up your (edited).

(No..S. only joking!) as they say sooooo often on the X-factor. Thankyou judges for all your comments I shall take them on board.

David

Thank you, and so it is restored.

StevemeetsJane

I think you watch too much telly. You should get out more. (Together of course).

Anita

'This could go on forever' was your quote and thank you for this inspiration. Thank you too for your comments about snagging. If you wait a few minutes Maria de Castro should be along to add her snagging expertise which she will surely have picked up while Inspector Roy was running her law firm.

This message was last edited by jdy on 04/02/2010.

stop it! i just choked on my beer reading that one... quite possibly one of the funniest comments i have seen on here.

cheers.

Sorry peeps, must go. Off to my great aunty Doris's funeral. She was 98 and never bought a place in Spain. I wonder if there is a lesson to be learnt there ?

hi all

It has been said that people were not told  that the facilities would  be finished at the same time as the apartments,  which is a fair point. But was anyone told that the facilities that would make the development the 'special' place that we all signed up for, would not only be not completed when our apartments were ready,  but that these facilities would not have even  been started, and would be no where in sight in the foreseeable future? I certainly wasn't, and given Calidona's track record in the 'boom' times I don't believe that these facilities were ever likely to be completed in a reasonable time frame (and realistically I don't think they ever will be delivered). And lets not forget that the law I believe states that these facilities should be in place.

As far as the pace of progress increasing due to the non completers is concerned, I certainly believe this was the case, it seems clear to me that the apartments and Golf course have been rushed, why? They were well aware some time ago that there were many customers that were far less than happy with their performance, and rightly so. They knew that they were likely to have a couple of hundred court cases against them coming their way soon, what to do? quickly strengthen your case, get the basics in place as quickly as possible for when the court cases start. From their point of view, this would also help reduce the possible  number of cases against them as some would be happy with the basics, and keep some other punters happier than they might otherwise be.

I believe that they are well aware that there are people that will happily complete regardless of  the failed promises ( they are' happy' because there is a golf course), that there are others that despite being very unhappy with the situation will not want to take the court route, with others they will be able to bully into completing by using companies like Lawdit, but at the end of the day I think that they were surprised at the number people willing to stand up for themselves.

kev

This message was last edited by kev2 on 04/02/2010.