SARC June Update/Vote

Hi Ricardo, Got the same reply from HdT. Having informed them that I have cancelled my contract on numerous occasions how do they expect me to sell the contract on? Just proves they don`t read what is in any email and we have all received a bog standard reply. Cheers Joanniemac

Hi Joanniemac & Ricardo,

SARC  pushed HdT  for the purchasers contracts to be made transferable to enable them to be sold on if purchasers wished to do so.  We have members who want their money back and we did all we could to improve their options and the possability of getting all of their money back. Yes we know it is not ideal but we are going to seek further clarifcation regarding the next step, time frames etc to enable all to be able to make decisions that best suite them.  We have planned a meeting for the end of June with HdT and will get the report out ASAP to our members after the meeting and posted onto the SARC website shortly after.

Wishing you all the best

Tony

Tony,

I don't think you get it yet.  A lot of us are not interested in continuing with this sham.  Transfering contract was never an option as the price on a new developement was not reduced in a falling market.

If you wanted a house in Brighton for whatever the reason would you accept on in manchester instead?  I was interested in SADM because of location and facilities offered.  I am not interested in a SADM that is half the size  no golf course or promised facilities that I signed up for.  I do not want to have my deposit swaped for a bad location on a half finished site.  I wanted the Rolls and they offer us a donkey at the same price.

If they continue and you get your house thats great, all the best, but I and others like me are no longer interested.  I have already replied to their e-mail that they took my deposit and a lot of other peoples money KNOWING they would not deliver in 2 years and then going into administration.  So what happend there did they take my money and realised a month later they had no money, no licenses and had to go into Admin.  Tony some one new what the situation was, they could not continue but still kept taking deposits.  They should be in prison and you still want to trust them so I hope you get what you want.  What I want is my money I have offered them me contract with no interest added, so if they are so confident they should buy me out.

It seems they will get the yes vote and that good because I and others will then be able to take legal action.  I will keep you all posted.

Hi Recardo,

I am sorry but you are the one who really does not get it as trying to take any legal action after a settlement is agreed by creditors and sealed in court is not viable. Yes you may be hacked off   and I fully understand you wanting your money back but I suggest that any legal action will cost you money, probably resulting in you paying the other parties legal costs & is throwing good money after bad.  If you really feel the need to take legal action then your best bet is probably the one Maria del Castro is preparing against the banks. But yet again think very carefully about why you are doing it, what out come you are after, the probabilty of achievement, the costs and the risk v benifit ratio.

The transferable contracts was asked for to give those who wanted their money back a possible away to do so and we have members who are going to be taking this option up.

I wish you luck and all the best

Tony R17 18

Tone, you really do talk some pish!

i also recieved the same response from hdt by email.

I am also in the same position as many others - i cancelled my contract ages ago so do not have a valid contract i am awaiting for my deposit back plus interest.

Unless big Tone you have somebody willing to buy a cancelled contract??

This is the response we got, they are thieves they stole our money and the bloody cheek of them to send an email to say that it is not financially possible to give us 100% of our money back. Well i am sorry if they can continue trading and conning people then its not going to be at our expense, they have no right to our money they have not delivered the goods so sorry BIG TONE & ALMU i am entitled to my money back!!!

I didnt wake up one day and think i know ill just give this builder in spain e 96k and it doesnt really matter if he doesnt bulid my house he can keep 35% of it and ill have the 65% in another 5 years time!!!! sorry i have waited 5 years and i am no further forward, i am not a charity or a bank to loan from, this is my hard earned cash and i am not giving up without a fight!!

Thank you for taking the time to send me your E-mail and sharing you concerns with me. I am sorry that you are not happy with the outcome of the vote. I wish to assure you that we have done all that we can to give all of our creditors the best options that we could.  I understand your wish for a more speedy resolution and even for a 100% refund but I am afraid that was not financially possible and I really wish that it was.
When the Court confirms the final count and the Company goes out of Administration the debt of the company and its liabilities plus repayment schedules will be agreed and hold for all creditors. We will be unable to make any exceptions, so we ask for you to understand the situation, as it is highly unlikely that any legal action could change this.
 

hi Hew1

Yep what a load of BS they are trying so hard to help us I feel sorry for them.  No if buts or swaps I want my mony back.  sound like a standard mail to all.

Thanks for all of you that have sent me a pm saying you feel the same way and would like to parcipitate in a joint action.  i have thought of Maria's offer and I am also concidering going with some one who has been highly recomended by someone who got  a refund from the bank with only a copy of an expired BG.

Tony I hope you get your house you deserve it, why do you only respond to parts of a post, Legal action no good etc.  Please respond to the rest, read it again.

You would trust someone who has taken your deposit knowing they were going into administration, did not have all the licenses to build, did not give a BG or cancelled it straight afterwards (criminal action) that is enough to chase them and make them pay.  They now offer you to wait another 5 years for something that MAY not be built, if it is it would only be a downsized version of what we signed on for.   I would like you to answer only this paragraph please.

Tony if you must post please only answer the questions I have asked.

I am not a rich person only working class and unlike a lot of others did not have to remortgage my house to raise the deposit, but I do not like to be conned and it took all my savings.  I am prepared to spend another 1,2,3,4k in the attempt to get my money back or see these people in prison. I woud have the satisfaction of knowing I tried to do something to bring them to justice.

when the time comes I will be asking who would like to joine me in the fight, we will then decide who is the right solicitor to go with.

I will keep you all posted.

Where did all the money go??

What about the shiney new building they built in Orihuela and all the land they bought for the failed "Route de Golf".

The owners of Trampoline Hills development went to jail so why not the same for the San Jose and Heraddo del Tollo directors. Are they any different, they stole our money as most wiould agree.

Ian

Well said Ian and Margaret.

Hi Ian & Margaret,

I am afraid that HdT did not steal the money as they have had their accounts checked by  the court and the monies accounted for.  Those who steal money tend to run away with it and not stay around trying to get a company out of a financial mess.

You mention trampoline Hills and my solicitor who specialises in administration, is an administrator of another company ,who adviced his clients to accept the offer, is also acting in the Trampolines hill action. 

If you had attended the meetings you would of heard purchases ask the very same question, get an answer as to what had happened to the money and then sign up to the agreement. Also members of the SARC Executive met with HdT back in 2008 & asked were is the money, what has happened to it and it was included in an update report placed on the SARC website.

I wish you both all of the best & hope that we have all started the journey out of the awful mess that we have all been in for the last 2 years.

Tony R17 18

When your money is taken in exchange for goods or services, you do not recieve any goods or services and your money is not returned to you what exactly do you call it Tony???

Ken.

well said Ken Ian & Margaret!!

Come on Tone, where the hell is the money????

Ypu pay money for something you expect to get the goods if not then the money should be returned not spent on something else.

THEY ARE THEIVES AND THE SOONER THEY ARE BEHIND BARS THE BETTER!! We will fight all of the way.

Good luck Tone in getting your house as i think there is more chance of pigs flying than the now over priced development going ahead.

So what are you actually saying Tony? Are you saying that the owners of Trampoline Hills didn`t have time to make good their escape? Are you trying to say that HdT `s are honest and everything is above board with all monies fully accounted for? That HdT are not guilty of some creative accounting?

As Jaqib says, you don`t half talk pish ! Cheers Joanniemac

Tony

As it happened there were no meetings arranged near to me when i was available to attend. Also this debacle in our lives has been going on for 5 years not 2, we paid our deposit in 2005.

Heradda del Tollo have never contacted me or answered emails before the administartion and lo and behold when they wanted something from us, ie our vote, we were contacted at least 3 times.

They broke the law in Spain by not issuing bank gaurantees and the office staff blatantly lied to us face to face, in emails and on the phone that the BG's would be issued soon, that was years ago, they are as bad as the directors in my opinion. As far as I am concerned they defaulted on my contract 3 years ago and have still not paid back a cent. If you are so confident that they didn't steal the money then where did it go, I for one haven't seen the document you mention

I hope you get your house and I hope the rest of us get our money back from these crooks.

Ian

Hi Ian,

I am sorry that HdT did not have a meeting near you and that you did not have the opportunity to put your questions to them face to face. I think that you would of found that very helpful.  As for the lack of BG's that was asked at every meeting and Almudena answered this for every one to hear.

As for your comment regarding the staff, i think that you are being rather harsh in assuming that a frontline worker is aware of decisions and actions that are not part of their remit. You may be angry but it is not the fault of the normal worker who is not part of the decision making process.

Regarding the documents that you have not seen or read, it is easily accessible on the SARC website on the newsletter page, just click on the SARC link at the top of the page listing the SADM threads. I hope that you may read them & that they might be of some help to you.

Wishing you all the best

Tony R17 18

Tony

How do i access the SARC website? can you please give me web address so i van read the updates.

So what did Almundena say about the BG? Surely you must agree that they broke Spanish law by not issuing them as they should have.

Ian

http://www.santaanadelmonte.org/

Tony,

Can you be so good as to provide us with Almudena's response as to why Bank Guarantees were not issued despite being a requirement of Spanish Law.

I have an email from Almudena herself stating our bank guarantee would be forthcoming within the month, and that was several months before they went into administration so obviously am very interested as to what she has to say.

Perhaps I have been wrong all this time as I just put her and her employees down as liars and her company as thieves.

Arlene

TonyMal.

I don't normally read this forum as Ian usually updates me and I find thinking about the beutiful house we should have had by now very upsetting. As you are so sure santa anna is going ahead can you answer a few questions. You say the money has been checked by the courts and is accounted for. If this is the case why then do we have to wait another 3 years for the properties to be completed (those that still want their properties) and for the people who just want their money back why do we have to wait 5 years. I suspect that the money is tied up in land purchased by HDT for other projects aswell as properties they have already built and cannot sell because of the market situation. Is it true that the planning permision for santa anna has run out.

If the money is tied up then where are they going to get the funding to complete. My feelings are they are going to borrow from the banks and in a year or so are going to go bankrupt anyway by which time we wont stand a cat in hells chance of getting anything back. As we all know the banks come first and by the time they have been paid there will be less to go around. Finally in January this year Jose Mosquera and Jose Alarcon were arrested for fraud involving the Trampolin hills project the same month we got an e-mail from HDT telling us they we would shortly be sending us information regarding their settlement. coincidence or what

Margaret.