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As most know if they have followed this board I pulled out last year and got my money back but no deposits and no interest. Fusters told me it wasnt worth trying to get it. New lawyer was not of the same opinion. Huma have ignored all his approaches so we now have a date in April to appear in court to try and resolve the situation amicable. If not then we have to got the distance.
Will keep you informed.
Phil
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Hi,
Attended court in Mazzaron today to try to reach a settlement with HUMA over return of deposits, interest and other charges rent incurred from the time the property should have been ready until they returned our money. Unexpectedly they did turn up but were represented by their accountant who was only authorised to return my deposit. They have to do this within 1 week and if they don’t my lawyer will execute the agreement, which means that all their bank accounts etc will be frozen and property can be seized to pay the debit. This is a partial agreement and if I want the rest of what I believe they owe me then we have to go to court. This is exactly what I will be doing.
The main point about going to the small court to reach an agreement is that HUMA have apparently had several cases filed against them at Tottana court and on the date they have turned up and accepted that they have to pay back money. However it means that the person who is claiming has to pay their solicitors fees. However, if they do this with my case apparently they will still have to pay my solicitors fees because we have given them the chance to reach a negotiated settlement without going to court. i.e. we have already given them the chance to acknowledge my claim is right.
Also it came to my attention today that Fusters had not delivered the full amounts I sent them for payment to HUMA. They would appear to have kept about 1300€ back. I imagine that this was their fee. My point however is that at no time did they tell me they were going to do this and neither did they give me a receipt for this money. Has anyone else using Fusters had the same experience.
Phil Craig
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Hi Phil.
Are you saying that Huma have to pay your legal costs up to now, or that they will be responsible for them from now on (if you are successful)?
Has your solicitor given an indication as to the likely overall costs? Are the costs doubled because you are claiming for 2 properties?
Cheers Mick
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Can anyone recommend a decent spanish solicitor as I now wish to pursue Huma in the courts for my money back. I don't know how long this will take but we were due to more in to our Donana in March 2007, after upgrading, and I have no faith that the building will be completed by September/ October 2007, which is the end of the 6 months overrun period. We were originally represented by Aldea Advisors who have turned out to be completly useless.
Thanks Phil C.
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its not easy,we now 9 month over the six month levy,,and we are still trying to get huma to pay up,,,,
_______________________ still a few grey cells willing to learn
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Phil
Good luck with your cancellation. Get a good lawyer that will get his teeth into it.........
We hear (via forums and people that have taken legal action) it can take 4 / 6 months via a court to get money + interest and 3 months for cash back and no interest.
With regards to build time. I think you could safely say no building will be complete by September 07. Even IF they re started building tomorrow (big if) you could still have 2 years to wait. It really depends on where your Donna is situated in the development build plan. Propertise situated on M7/8, 9/10 might be lucky to complete by year end............. But who knows.?
and before anyone says anything - I also know nothing.............All a guessing waiting game.
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Hello All,
I have invested in a Tarifa and Gransol 2 bed apt. which should have been ready December 2006. I have on numerous occasions chased up Bank Guarantees via Aldea ( completely useless) to this day have only received 2 Bank Guarantees for my 1st lot of payments and for my 2nd lot nothing. I have even threatened to pull out if i do not receive my completed Bank Guarantees, especially as my 6 months overrun will be ending in July 2007. They Parador/Aldea are just wasting our time and are just sitting and hoping that all comes through asap. While this is going on they are taking us for a ride thinking that we are stupid and ignorent, and will do nothing but just sit twiddling our thumbs.
When July comes around i shall be actively looking to take Huma to court, obviously will not be using Aldea. I would like to know what the costs are likely to be and when i receive my monies will my solicitor/court costs be paid for by Huma.
I am going to request for my deposits + interest. If i should be looking for other costs please let me know. I shall also be discussing with Aldea they send my 50% fee payment back as they have done pretty much nothing.
A couple of months ago looked through the posts on this site and read up on a Solicitor's firm ABAD ABOGADOS. I would like to know if anyone else has used them and what kind of costs should i be expecting. Finally will we have to pay solicitors' fees upfront and do they request the entire amount or stage payments.
I have tried not to be negative about this entire situation and on numerous occasions have kept on telling myself that all will work out and we will have made an excellent investment at the end of all this, but it just has dragged on far too long and we are still getting the same responses. Yesterday i received a letter from Parador that if we introduced a friend, whom proceeded to purchase we would receive £500. Rather than resolve our current dilemma and reply to our questions this is what we are getting, unbelievable.
I would greatly appreciate any kind of reponse. For those who are hanging on all the best.. embed
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Hi
I have also invested in a Tarifa and it is looking to be a very good buy
I am an agent also [ and have bought elswhere in this part of Spain] and the Spanish firm I dealt with are confident that ACC will get built [ the owner has also bought a Tarifa]
Some people are getting out, often because of their time scale for moving to Spain
Reality is that when they do re start circa Sept 2007 [ although I think it will be nearer Dec!] it will be 18 months for most of us before they are ready...Huma may catch up but 1600 units is a big build
That is circa early 2009 and as we have bought at 2005 prices there is a nice profit....albeit a delayed one
It is expected that the price increase is currently circa 30% which seems reasonable when you compare prices for similar properties in this part of Spain
The good thing is that this part of Spain is even now just opening up and has probably the best growth potential ,possibly in EU!
Having had all the 'pain' if you can the general best advice is to stay in.....even without a bank guarantee the downside is small as Huma are a substantial company
However for those wanting out most people seem to be able to acheive this within 6/8 weeks of starting the process provided you contract has expired
And most get their reasonable legal fees. It appears that the problems start when they press for interest
Some of the agents try and slow it down because they have to repay the commission!
Some people have even dealt direct with Huma and found them OK
Some people also think that Huma are being easy now with cancellations because they are about to start and will make extra profit on the cancelled product!!!!
So if you are serious about getting out then be pragmatic and you should get your money back [ even via Parador] in a relatively short time
Regards and good luck
Brian
This message was last edited by rowlandsbb on 6/29/2007.
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rowlandsbb,,sorry but i dont know where you get 6/8 weeks for return of money,our contract ran out sep 06,now july o7 and we are still fighting for it,we only asked for deposits back no interest,still no joy,no choice but to go to court,
_______________________ still a few grey cells willing to learn
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Hi All,
Sure enough I attended the Parador exhibition when it came to town (Ireland Tour). To be fair to the man at the stand he was unaware of the problems at ACC and promised to check the problems out and come back to me. I'll let ye know if there is ay follow up to my questions.
Les
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I cannot belive the guy at Parador was unaware of the problems at ACC, this problem has been going on for years!!. Surely this is a warning sign. Are Parador still trying to sell property on ACC, does anybody know??
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As far as I know not yet but they do claim to have a waiting list
It is in their new brochure issued early 2007 with the comment 'coming soon'
Huma's new development Thabernax Oasis Country Club at Tabernas is also featured with the same comment
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Hello,
I was wondering if anyone is in the process of purchasing 2 units, and if so whether they are considering taking legal action. I have had a couple of responses from Abad Abogados (solicitors) they seem to be charging a fair bit maybe it is because we are looking to fight for 2 units. Still if we were to split the costs by half and assumed it was 1 unit it would still seem quite steep, especially as we have no guarantee after winning the case whether we would receive our costs back.
If we were to have a guarantee on receiving costs we would not mind pursuing this at the earliest. The way i look at it the whole point of taking Huma to court would be for the interest and any additional costs, otherwise we could go directly to them and just request out deposits and installments, without having to spend extra as the interest we would receive would be paying for court costs and solicitor fees. There is a possibilty after winning we could walk away with all payments including solicitor and court costs, but i need guarantees.
Brian got me thinking that the project might well be going places and if we stuck it out maybe there is something there worth waiting for, but with 2 investments as appossed to 1 i feel this to be too risky. I've thought maybe dropping out of 1 unit contact Huma directly request they return my payments and deposit for that 1 unit and if i would be staying on to purchase (hopefully) Tarifa, unit2, they should be offering some form of concession. Regardless of this even if i were to hold on and go through with the purchase of both units, provided Huma and Co. sort their business out, they still should offer some form of compensation.
Has anyone any information on solicitor costs for court action to pursue interest and cost. I would prefer figures if someone would be kind enough to offer this info.
I would appreciate any feedback on any of this, thank you.
All The Best
Mohay
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