Taking Huma to Court

Hi  We are  waiting for  a date  to take  Huma  to court  in the  mean time we have  had  an  preventive embargo put  on  properties  of  Huma -  has  anyone  else  done  this.  I would  be interested if  anyone  has?

Make sure your solicitor checks teir is some equity in the properties otherwise there is no point placing an embargo on them.  Most if not all HUMAs assets have a mortgage on which equates to the value of the property.

Make sure your solicitor checks teir is some equity in the properties otherwise there is no point placing an embargo on them.  Most if not all HUMAs assets have a mortgage on which equates to the value of the property.

We have  also  been  asked  to place 1000 euros into the Justice Deposit Funds to proceed.   Has anyone  else  done  this?

Hi we think we have got huma to court twice but nothing has come of it . We did pay more money out recently to put  embargos on the properties or freeze their assets ,but the same story , havent heard anything on this ,so god knows whats going on perhaps we need to speak to he solicitor again.

I caught a snippett on the news the other day about a Euro MP saying something about the Spanish sorting out the property issues or having some EU funding withdrawn, did anyone see the whole thing???? It sounded interesting as I thoiught they said something about developers not finishing projects and people gettin the proper refunds??

Hi

We watched it on bbc south today, There were two men who had a property  but it was illegaly built by the builders, now they are asking for help in getting their money back,I would like to know how they found her out she is  spanish. We are trying  to get her name to email her. Let you know the out come

I bet that this guy will get his 12000+€, and he only had to lodge a 25€ deposit.  www.carm.es/borm/documento?obj=anu&id=408075 

May be worth a punt for anyone who has won a court order  ???

Peter

Sorry Peter but what does it say ?

It, basically, says that someone has applied to make Huma Med bankrupt for the sum of 12681€

I'm sure Huma will pay it rather than go bankrupt - could be a way for others to get him to 'cough up'

I don't think that this kind of action is very profitable for solicitors.................................

Peter

Thanks.

 It's good to see someone doing something, I no it's a gamble but how much longer are we all going to sit here and hope.The solicitors don't seem to be getting anywhere ?????and what right have they to keep  our hard earned money. Good luck to who ever goes for it.

I was just saying to my family a few days ago ,how lovely it would of been to just get a flight to our litle villa in the sun, .I feel so cheated ,not only did we loose that, we are still paying out for the £35k we borrowed which were struggling to pay, and afford a holiday at all  .So all in all we have lost quite alot ,all  because  of selfish ,greedy, money grabbing  people i won't mention  names.!!!!!!! 

We were told last November that the court had ruled in our favour. Huma did not pay up so we then had to pay 1500 euros to begin new proceedings to execute the judgement. We have been told that in Spanish law the judgement creditor (that's us) is allowed to assume ownership of the assets in lieu of the debt. However our solicitor says that as there are mortages on many of the properties and if we assumed ownership of the assets we would also assume ownership of the mortgage. We think the only way forward might be to bring criminal proceedings against Huma. Is anyone else out there in the same position?

Greetings to all, this is my first post.

We are in a similar position we have won the case against HUMA but thats about as far as we've got HUMA are not paying up (obviously). My father has given 3 stage payments one was reclaimed as it was under a bank gaurantee, but the other 2 stages were given direct to the solicitor (Fuster) and we have not been able to reclaim these yet. My father is owed £45000 and this has been going on now for 4 years since he stopped the purchase.

Solicitors are slow to respond and advise, My Father is 78 and in poor health now, will the end ever be in sight to get his money back, God only knows!!!!!!!!!

Cheers all........

 I am owed about 65,000 euros - and also won my case some time ago.  I believe I have embargos on several properties - unfortunately they all have mortgages on.  I don't think starting criminal proceedings would get you your money back .  Someone said a few weeks back that the rumour was HUMA was going into administration.  If that happens I have no idea how that would leave us.  Would the Embargo stay on the property?  What would happen on the ACC site - would you still have a call on that if the property was sold to another developer and planning permission was received in the future?  Who knows?

The only other way forward could be a joint action against the banks for not providing a BG as they were required to do under Spanish Law.  Maria from Costa  Luz Lawyers believes she can win such a case and is keen to try this - but that is more money and can we really win against the Spanish Banks?

Alternatively you can transfer to OCC and pay the remainder of your money for a place in the desert (if it ever gets built) - miles from the sea and a proper airport or ytransfer to MCC and hope your solicitor picks up the fact that the property you are buying has a mortgage on and that HUMA will clear it before you transfer to it.

Of course the final option is just to walk away and except you have been done - this almost looks an attractive option now!

At the end of the day all we want is our money back or even 90% of it less fees etc. This has been one long road of Spanish law and very slow Solicitors (no doubt they are all the same pretty much) but we are not giving up. Neither are we laying out any more money, so it's in the lap of the Gods I guess.

On a positive note though, Ive found this board extremely helpfull and will continue to monitor everybodys progress..

Hi all.

Maria seems keen to help us she has given us good free advice. Do you think if we ask her how much it would  be for a group  action ,to go after the banks for not issuing B/G.  We could all put in to keep the cost down.  I can't and won't give up this is what their hoping for !!!!

I think that is an excellent idea. After all we are all in the same position and it should be cheaper for all if a joint action is taken.

 I would be interested in a joint action against the banks - so if trudge is willing to organise it you can include me in.

I guess we would look at coming on board too if enough people felt this was a positive way forward in a respectable timeframe?

 All

I have today received the following email from Miguel:

I hope you are keeping well. I am writing to inform you that I have been having several conversations and discussions with the bank´s lawyer and he has finally confirmed the bank´s position in relation to your case. They are willing to pay and have made an offer in which they would pay you the amount covered by the bank guarantee ( € 43.564,41), plus an additional compensation of approximately € 2.000 . The payment would be made in a matter of days with the condition that you do not proceed with the court case against the bank. My fees as you know would be of 10% of the amount recovered, less the initial provision of funds that you already paid to me.
 
    If by the contrary, you wish to claim the full amount of interest, and legal costs, we will have to go on with the court case. If we proceed with the court case I am confident that we would end up winning, but you need to be aware that I cannot give you a 100% guarantee of success, and also I do not know how long more the case would take, but surely at least a few more months.
 
    Please let me know your thoughts about this or if you have any enquiries.
 
    I look forward to hearing from you.
 
    Kind regards,
 
 
   Miguel

What is everyone's thoughts?

Mine are to tell my brother to accept and run!! He is not happy as he isnt getting his interest back which has nearly bankrupt him due to taking out a 2nd mortgage on his house!

Cheers

Darren