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Could not agree with more I have now issued legal action against my developer/Bank.The completion date for the LOF should of been in Otober 2009 so as far as I am concerned this is a Breach of contract.
I know this may take some time but what alternitive is there do I take a chance and wait to see if Peninsula sort out the rentals lifts water or even finish the project no way.
Ive got good lawyer who says I have a very strong case so will take my chance with the courts.
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The completion date in my contract for Medina Golf was 26 months from July 2006, so that means it should have been completed in October 2008. I went to look at progress when I found out about Nadalsol's financial problems in November 2008. As a result of the lack of progress at that point I issued a Cancellation Notice in January 2009, for breach of contract. I've been waiting over a year for a court hearing and I expect to wait much longer but I can't see any alternative.
When I do get the court hearing I expect them to look at what the circumstances were when I cancelled and I think it ought to be irrelevant if Peninsula/Nadalsol have rectified the problems when the case goes to court.
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Whatever benefit of doubt I had for Peninsula vanished with their clumsy and desperate threat to purchasers to remind them of their obligations and force people to complete. I have met my obligations and paid my deposit money, Peninsula have not as they have not delivered the property on time. Therefore I am also attempting to cancel my contract, however Peninsula don't appear to be quite so keen at fulfilling their legal obligations. I am not looking forward to a long legal battle, but like others see little option. Hopefully the Spanish legal system will not be as biased towards developers as some reports I have read indicate. As has been noted before the case is ultimately against the bank to enforce the bank guarantee, and they will not make it easy.
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Seagull - Would you mind adding a link here where we can find all the information on the property award aside form the news letter? I see it was awarded by that world famous company CNBC Arabia.
If Peninsula spent as much time and money on sorting out this mess as on their marketing perhaps we wouldn't be in this situation.
I have had a pretty good look as I would like to know the criteria so any help here would be appreciated. When I said "Shell of an apartment"; that's because what else could it be with no facilities, water, sewerage, electrics, furniture and licience etc?
Anyone who reads the peninsula news letter may realise there are a couple of white lies being told ie:
Jan 2009:
The number of Britons seeking a new life in Spain has increased - hmmmm really
Happy New Year!
On behalf of everyone here at Peninsula we would like to take this opportunity to wish you all a very happy new
year!
2009 will be another busy year for us, we will be handing over the remaining keys to the owners in Medina Elvira
23 and then be looking forward to completing Fairways in the spring.
Does anyone think they still don't tell porky pies then? I have been told to expect about two years for the legalalities of cancellation to sort themselves out. If this is going to be as massive a success as the marketing says then like the good annoyed_in_Spain says they will be happy to settle out of court and sell it on. Rant over.
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Here's a link to the award - http://www.residentialpropertyawards.net/index.php/European/Winners/2009-Golf-Development.html
I haven't had a chance to look at the criteria for winning, but I guess all the awards in the world are irrelevant if they can't finish.
AIS
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hi
awards!! are you serious, awards like these are only promotional in many cases a company may pay to be included in the running for such awards.
according to my solicitor, the occupation licence for medina golf as of last week has not yet been applied for.
if you are looking to cancel your contract because of breach of contract it has nothing to do with peninsula. your contract is with nadasol and your guarantee is with a bank or insurance company, i wouldnt waste my time contacting peninsula.
donefor
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I totally understand where you guys are coming from and respect, of course, your right to do as you choose.
Obviously, I am awaiting my own lawyer's investigations and will respond accordingly.
If it's of any interest, I am going to meet Steve from Peninsula at the site next week, as I still prefer to see things for myself, and will happily look at any individual apartments or whatever if anybody wants me to.
However, I think most of you have made up your minds and nothing is going to change that.
This message was last edited by seagull on 29/01/2010.
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Hello Seagull,
It would no doubt make everyone a little more upbeat to see photos of foundations for facilities in the ground, photos of completed apartments from the inside, and any other evidence you can obtain photographically please. Peninsulas web photos dont show much detail. Also an apartment equiped with the furniture pack and looking good. Each block should also have a gym facility. It would be good to see how these have developed.
Could you also confirm what services are connected and how the lifts etc are getting on in ME23?
Photos = hard evidence at this point and you might just be able to convince a few people here that things are turning around. I guess if these dont return with you - our eternal optimist then we'll know for sure that things have gone pear shaped LOL.
Oh - the riding school - any news on that - again a nice picture of some horses in action and stable girls too if possible.
Cheers
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It is indeed!
Makes a change from the constant gloom and doom!
Actually, according to Steve at Peninsula, the riding school is already there and always has been!
Don't ask me to explain.......ask him!
Anyway, I will be going to the site soon as I said, and will report back.
Unfortunately, I'm not going from my home in Spain on this occasion so won't be able to take a camera with me for interior photos etc.....but will try to do so very soon.
I have seen around the show-house at Fairways, it's furnished to a very high standard with fantastic views.
I'll have a look around as many of the developments as I can while on the site...............apart from seeing the stable-girls, what I want to see most is the LIFTS working!....
If they're functioning, or even near to it, I will feel we might just be getitng somewhere.
Get the lifts working and the apartments can rent out!
People on here still go on about sewerage and water problems........Steve has explained to me and many others that this has been resolved, and until anyone actually goes to the site and shows me otherwise, I am perfectly happy to accept this, given that the club-house and international school are both fully operational.
For me, though, as with everyone else buying at Medina, the situation remains the same.
The proof of the pudding has to be in the eating......
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Seagull,
A phone camera will do.
We don't want to miss these images of the stable girls! You are missing a diamond opportunity to swing us over to your side here.
I didn't mean like that either you dirty buggels!
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Hi All,
We bought of plan in 2005 a lovely 3 bed apartment, on Medlina 23 - completed and handed our keys to Royal Peninsula MARCH 2009.
As everyone is probably aware things have not gone well, so far we have not had a bean back in guaranteed rental, however things do seem to be looking up. Steve Hindley who is now co-ordinating the Peninsula takeover of the apartment rental scheme, seems to be slowly getting there, he actually answers his phone and calls you back, wonders of wonder.
I am told they are now waiting for a tourist classification license, as soon as they then have this , they can then go ahead with tour operators that are still wanting and waiting to get involved on the Medina Golf site. Aparently they do not need this for individual rentals, just for the bigger tour operators
My problem still, is that despite paying for a furniture pack last year, there is still no furniture in our apartment ! apparently Margaret did not get round to sorting this despite being told time after time by her that it was "on its way".
I will be staying in my apartment, week commencing March 28th, Sharon and Steve at Peninsula have assured me it will be fully furnished. Last time we visited back in September, we had to stay in another apartment as ours wasn't ready. The site is lovely and I really believe the development will be a great place to be, when all is finished. I will post plenty of photos on my return. I will also let you know as soon as I get a whiff of any guarnateed rental money - watch this space.....
Reds
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Will do what we can re photos, Mr looney....not sure when we're going yet.
Good to see , Reds,someone else feels the project is still worth fighting for, and I am sure more would feel the same if they actually had a look at the site for themselves.
However, Reds' post confirms that Peninsula still have many problems to iron out, not least providing the furniture package that's been paid for!
It's not a question really of "winning people over to my side"............I am merely passing on what I see and am told by Peninsula.
Glad, too, that Reds finds Steve Hindley very helpful.,as we have done from our first contact with him.
But then, of course, if you don't try to ring him you wouldn't know that!...........
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Guys,
I have sent a few private messages to those who have already contacted me about a group action. For those who haven't yet then the good news is that I have a very reputable lawyer on side who is willing offer a group discount on their fees.
The lawyer I have found has agreed to a discount on their fees for a group action providing we are all in similar situations.
This has been slow coming but at least there is a good chance that we will escape without having our pants completely pulled down.
In order for me to put this together you must be a Medina Golf client, send me your email, UK landline number and address in the UK please. Also your Appt number and situation on Medina Golf reference guarantees. I am really looking for people in a similar situation ie, your lawyer failed to get any guarantees, you have fully paid all deposits and your appt is in Medina Golf.
When I receive this I will immediately email you with their costs and therefore the effects of this considerable discount. There will be a 10% reduction for a group of 5 or more and a 20% reduction on initial funds if there over 20 of us.
Thanks for your support and let's look forward to a brighter and slightly less expensive future.
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Hi all im very embarassed to say ive had a deposit put down on me32 for some considerable time, and have gone half/half with my uncle on a 1 bed apt, i decided to buy because of the "guaranteed rental "promise" , we have £26k in deposits with a property worth 100k and a mortgage of 130 k ie 30k negative equity, 480 mortgage payments, with no rental cash on the horizon, my 13k deposit is all i have to my name, with all the other "major" problems with the site u kind people have made me aware of my uncle thinks it would be better cutting and running but my 13k is all i have, how can this "gangster/mafia"(peninsula) type of organisation promise a guaranteed rental scheme and then renege on it like common criminals
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Steve Hindley told me yesterday the men doing the lifts "start on the 8th"(Monday).
Can I suggest anyone wanting an update on the rental scheme rings him at Peninsula?
Trinitron, I'm confused........are you saying your apartment in M23 isn't finished yet? Or do you mean Medina Golf?
Where have you got your valuation from?
I know everyone's hugely frustrated at the delays, lack of communication etc, and rightly so.
But I have made the point many times that the building industry, as in many parts of the world, is in dire straits in Spain , and Peninsula have at least been trying to carry on whereas most others have long since thrown the towel in.
I have an appointment to meet Steve H at the site in the next few days and will report back.
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