Bad news for those waiting for return of deposits

Hi

Not sure how many people are still waiting for court cases to apply for return of deposit.  We are one of those.  We have just heard from our solicitors that our first court hearing has resulted in Peinsa calling us as witnesses.  We are now have a second date for February however our solicitor has advised she has just heard of a similar case that was brought before the national court of Spain and went in Peinsa's favour.  Those poor people have lost the full deposit.  Peinsa have 'stolen' about £90,000 of these people!  Not good news for those still waiting.

I would be interested in any similar cases.  Please let me know.

Lyn

I am still awaiting the outcome of a court hearing that was supposed to happen last Friday. My lawyer asked for a copy of my residency to avoid me being called to testify?? Perhaps it is a new ruling or approach Peinsa are using thinking that if people need to turn up to testify the cost will put them off?

How many of us are pursuing getting our deposits back? It is madness to all do it through seperate lawyers/solicitors!

Paul

Attended our court hearing  in early September after being 'summoned' by Peinsa. They chose in the end not to call us to the stand. We haven't as yet received the court's judgement which was supposed to be received within 15-20 days.

The whole situation is scandalous and agree that some sort of concerted effort should be mounted.

We attended our house on CDP 6 times this year it is a brilliant site now, I really do hope you all get what you want in the end, as Pam & I have

Likewise. Iwe've been down 6 times as well and have had some great timeswith our new neighbours and friends. I'm glad I persevered. OK its a few years behind where it should be but there is progress all the time.

Thank you for the comments from the people who have decided to ignore the fact that they have been and still are being let down by Peinsa who had a binding contract with them!

Call me old fashioned but I like to believe that if I enter into a contract with someone then I believe that both parties are required to uphold their end of the contract-i.e. if I hand over a deposit I expect the property I signed up for to be delivered within a reasonable time frame with all the supporting documentation and services.

All current owners living on the site might have a property but it is totally worthless and unsellable as they do not have the correct licences in place and even the services are at the whim of a builder who has failed to meet its obligations under law. Unfortuntely Spanish law seems to ignore this fact! 

Please can we have no more "it's a wonderful place" commnets on this thread and just stick to the topic of return of deposits? 

I agree entirely and would encourage all those who have already secured refunds, or are currenly attempting to do so, to make a post on this thread to guage the current level of such activity. It may be possible as a result to move towards some sort of combined action. If this proves difficult at least the increased communication on this matter might  generate new ideas or strategies for owners to consider.

I see you have made 2 posts, where the hell were you when the crap was hitting the fan 2 years ago we could have done with some imput & help from you then. Because you are in trouble you need all the help and advice you can get without giving a hoot about anyone accept getting your money back, well you may be in a better position than the people like us who have paid for our house But it is still a Wonderful place sorry

I would say it has the potential to be a wonderful place, but the truth is we are all victims in one way or another. We are part of a later phase which may explain what one person has seen as a belated posting. I still find it incredulous that later phases were being sold when all parties involved in the selling process were aware of ongoing difficulties at the time. Notwithstanding the usefulness of this forum, the lack of communication from Peinsa has fuelled much of the anxiety and resulted in a piecemeal response. Whatever our individual situation surely some form of concerted effort would benefit all - whether that's deposit refund or getting licences/services sorted out.  Finally, it has to be said that the significant delay of almost 3 years for us means that an elderly parent is now too unwell to travel and the family holidays we envisaged are not going to happen.

My apologies, I did not mean to upset anyone but was purely pointng out that the thread was concerning those working on getting their deposits back. I also did not realsie that there was some form of competition about numbers of postings on the forum?? Some people prefer to watch and take information in and dont have the time for idle chat!

I have read the comments avidly over the last few years but felt that I could not really add any value so therefore did not make comment. As with many others, my case with Peinsa has been sat with legal representatives for the last 2 1/2 years. I visited the site last February and would agree it could be a wonderful place and would be happy to take a property IF all the relevent paperwork was in place and IF they had atually finished my property that is now coming up on 3 years overdue.

Please dont assume or be small mided to feel that people only comment as they are "in trouble"! I would consider myself concerned by the time this is taking but never mentioned being "in trouble".

I am happy to be contacted and very interested to talk to any concerend parties working to get their deposits returned and wanting to take a more group approach.

Thanks

Paul  

We have been successful in getting our money back with an " out of date bank guarantee" .It took a change of solicitor & two years of stressful times to reach this outcome.

Without E.O.S & the advise we received from others we would not have known what to do.

We all need to do what is right for us. Circumstances change & what was right five years ago might not be now.

I agree that if Peinsa had behaved better to their clients they probably would have less who pulled out.

Hope you are all successful whatever you decide to do .

We have been successful in getting our money back with an " out of date bank guarantee" .It took a change of solicitor & two years of stressful times to reach this outcome.

Without E.O.S & the advise we received from others we would not have known what to do.

We all need to do what is right for us. Circumstances change & what was right five years ago might not be now.

I agree that if Peinsa had behaved better to their clients they probably would have less who pulled out.

Hope you are all successful whatever you decide to do .

 Our property was originally due for completion in January 2007, after waiting so long we decided we wanted our deposit back. We changed solicitor in January 2009 as our original solicitor did not seem to have our best interests at heart. We had to pay the original solicitor a lump sum just to release all our documentation. We are now waiting for a court hearing date. Our case was presented to Peinsa in March of this year & when I saw our solicitor in August he was optimistic of a good outcome by the end of this year. I think he is dreaming. He did say that the court had just found in favour of another of his clients. I asked if the client had got the full deposit plus the 6% per annum interest which is the law & he said Peinsa had offered the client a lower amount than the original deposit & the client had accepted that rather than wait for Peinsa to put in an appeal & then have a long wait for another hearing. 

Thank you ERN67- I have just heard from my solicitors that at my inital hearing last week Peinsa made no offer and that the court date has now been set for Feb 1st next year. It does appear that Peinsa are insisting that I attend to testify.

I am sure this is just a ploy to hope that the added expense and inconvenience will put people off!

Does anyone else have further information about out of date bank guarantees? I thought he law was that they could not go out of date but my solicitor is saying they cannot pursue this line as it was out of date?? 

Hi coming up to five years now waiting for our property and unfortunaly got no BG spoke to solicitors about the situ (spanish) and they have said that unless piensa have declared themselves bankrupt the mayor or govenors that deal with the building company that runs into these problems will always side with them and that it is the sub contractors that they employed to do the build that are at fault. How can you win?

Basically you havn't go a chance of getting any monies back.

Not heard a thing from the office or the company now for 18months.

Last time we were out there the house was 90% finished and just roads and amenities to be done.

Can't believe this has all gone so wrong we loved the place. Now  i feel sad we ever chose it. Regards

Firestorm

What phase are you on?

All roads and paths are now completed as well as the garden area down the centre. The only issue seems to be the front of the development where they were going to put the commercial centre. I'm sure we'll still have a battle or two fight yet but they are getting there although much more slowly than we'd all like.

If you pm me I can send you some photos of how the place is looking now

Best of luck

Sean

Sean

I honestly think you are wasting your time, people just want there money back not the house they wanted. As you say there is a way to go but the houses are all finished & if people want to still have there house they are there for them. We are all fed up with the builders, our solicitors & the wait, but you are there, Pam & I are there as are Lynne & Jim, Rodger & Stella, many more the list is long enough now to see the site is growing. Ray & Ann will be signing for there property on the front row very very shortly. You can't please everyone & everyone has a right to do what they want. All I say is good luck & happiness to everyone who wants there money back but I wish everyone who has stuck it out and theres a lot (from all over Europe) of us all the very best for the coming year ahead as I think this will of all the years we have been waiting be the cruncher. Good luck and all the best to everyone.

It appears that unfortunatly this thread is found to be 'boring' by those amongst the CDP who have been successful in purchasing their properties.  I find it dissapointing to read that the people who stand to loose their life savings because they are not prepared/able to throw further money at a property that is now not worth what was agreed 3yrs ago when the economy was in a better condition, appear to have bored the fortunate people of CDP.  The very facts that Peinsa are in breach of their contracts, the bottom has fallen out of the exchange rate and the property market has plummeted has forced many of us to request our money back. This is a difficult enough decision as it is to wave good bye to ones life savings and also more importantly the dream of a family holiday home without such comments from people who have been more fortunate than others!!

Lyn & Paul

 The lessons here are that a holiday home in a foreign country is not such a good idea.

It would have been better to buy a ready built investment property in the UK instead, which could have been rented out from day one and all year round.

The rentals then would have paid for many holidays either in San Juan or anywhere else as you're not tied to one place. 

It's understandable for people to complain about losing money in exchange rates, declining property values, loss of several years rental income and not being able to enjoy the place...

...BUT...

people are very fortunate to be in a position to be able to afford a second property in the first instance. Many people struggle to pay for one.

Overseas property investment is a risk - if you don't realise this or are not prepared for the downsides then don't play the game and put the money in a 'safe' bank account. Or donate it to the homeless! 

Tewwy, chewwy Huwwy whatever your handle is why are you on EyeonSpain, the whole object of eyeonspain is for people bying, looking to buy or are alrady living in Spain. Obvious to me you are homeless & want all of us to give you all our money, place your address on site and all donations will be forthcoming as we are all buckled with cash.

Once again sorry for barging into the people wanting there money back post, but come on chewwy !!!!!!!