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Almanzora Country Club forum threads
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17 Sep 2007 1:32 PM by AndyLynnW Star rating. 142 forum posts Send private message

Hi BJ,

We spoke to our Solicitor in person at the beginning of Sept.This is our Spanish one based in Vera.

The procedure is that your Solicitor notifies HUMA of  your intent to cancel the contract.

HUMA than send you a cancellation document which they require you to sign.

This took about 4 weeks in our case.

Once this has been returned to HUMA they are obliged to refund your deposits.

If they do not or they dispute what you are asking for ( For example if you say I want my deposit plus 10 percent) then you have to pay for a Lawyer to start a legal recovery process.This Lawyer is different to your Solicitor.The Lawyer spends all their time in Court acting for clients whereas your Solicitor will be mainly Office based.

Once the Lawyer serves the intent of Legal Proceedings, not only do HUMA get served a notice but the Bank holding your money get one too.This makes them take notice as the Bank do not want to go to Court.They also have to pay the additional cost of the Lawyer you had to engage.Our Lawyers cost is 2,000 euros.

If you are only asking for your deposit and no compensation etc the Bank say straight away that it must be returned to you as HUMA are in breach of contract.

If you are asking for compensation than the Bank will see if its reasonable or not....That could take longer and they may wait until the legal process goes all the way to Court. 

This was how it was expalined to me and as I work in the legal profession I was quite particular that I recorded it corectly.

Hope it helps.




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18 Sep 2007 7:32 AM by bj Star rating. 6 forum posts Send private message

Hi,

 

Thanks for your repsonses, at least it gives me a starting point. Judging by peoples repsonses it is going to be a long drawn out process though, a this rate I'll be pushing up daisies before its sorted!!!!




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18 Sep 2007 1:15 PM by Mikenmandy Star rating in Dewsbury, Yorkshire .... 232 forum posts Send private message

Mikenmandy´s avatar
I think that's what Huma are hoping  :-)


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18 Sep 2007 7:06 PM by AndyLynnW Star rating. 142 forum posts Send private message

BJ,

Not all the postings you read are totally correct.This is not always the fault of the author but sometimes the original source of the information.

Perhaps some form of grading system should be introduced so information is graded according to the source and reliability.

An example is the entry that says HUMA are not discussing cancellations or rufunds.

They are because they have discussed it with us.

They may not have discussed it with the authors Representative though hence the entry.

Our advice is read the forum boards but take notice of what you are told by HUMA and your legal representative.They may be happy to accept cancellations on cheaper properties but not the expensive ones? Or properties on a particular part of ACC?  (For example).

  




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