Hi All
This is another E-mail from the Costa Del Sol Action Group
We had a most interesting meeting yesterday with Rob Hayles and Steve Stormont over for the day from the UK at the offices of our lawyers IURA Despacho Juridico in Fuengirola. Tomás Fernández, the senior partner, and his daughter Rocío plus two other lady lawyers were present.
Rob and Steve had their Palmera Properties and Grupo Mirador files of correspondence and documents with them.
Tomás Fernández is familiar with Palmera Properties and their nefarious activities. Apparently they have been engaged in the same racket for thirty years. There are points of Spanish law to consider. One point relates to the date when monies were paid over because post-2003 there is a legal obligation to provide a guarantee for deposits paid on property purchases.
There is an obvious and blatant fraud being perpetrated by Palmera Properties and/or Grupo Mirador. There now appears to be evidence to suggest that the Benalmadena front-line La Perla de Mirador where Rob & Steve are ‘’buying’’ is being promoted and sold all over again under a new name. They still have not cemented one brick to another and have no intention of doing so.
Tomás’ advice is quite simple. Palmera Properties have to be hit hard and fast now. The land in Benalmadena might already have been sold on to another party. It appears that Palmera Properties’ practice is to do a deal with a developer such as Grupo Mirador to buy and then market chunks of a development off plan. That way they secure the properties at a most favourable price and then keep selling them on at a profit.
There is no point in individuals hacking away at Palmera Properties and being fed like after lie with added prevarication.
Buyers have to club together both to reduce legal costs by spreading the expense and to give power to Tomas’ elbow. The more buyers he represents and the more clout he will have.
Palmera Properties do buckle under the right pressure. Tomas’ wants to confront them and their lawyers with the allegations of fraud which will not be too difficult to prove. If a promoter or agent sits on your deposit for three or four years and still nothing is built then your case looks fairly prima facie. If they fail to respond then he proposes to go to the Judge at the court to make formal allegations of fraud which would move the case into more hazardous waters for Palmera Properties and their associates. They would then be looking at claims on members’ behalf for punitive damages for fraud plus fines and even imprisonment.
Rob and Steve were going back to IURA today to give that firm power of attorney under Spanish law to act on their behalf. That is a necessity before an action can start.
Rob & Steve paid 250 euros to join the CDSAG for which they have the benefit of the assistance the CDSAG can give them in this matter. The legal costs in Spain as in most countries do not come cheap. This is where we also help our members. Normally you would have to pay thousands of euros up front to launch such an action. Tomás has agreed to accept a payment on account of costs from our members of 1,500 euros (£1,000 approx.) on the basis that we come up with ’’several’’ clients.
I happened to speak with a friend of mine today who owns property in Benalmadena. A friend of his had a similar experience with Palmera Properties and eventually under pressure they did pay him off with a very much post-dated cheque. Much to everyone’s surprise the cheque cleared.
Please join our Group and next I shall address the other Palmera Properties problem in Antequera.
Best regards,