Monday morning giggle

Does anyone know if there ever has been made available a complaints book by either the developer or agents. To my knowledge this has never been offered to myself nor other purchasers.

This is mandatory for any business operating in Spain by Spanish law.

For further information :-

http://clicks.aweber.com/y/ct/?l=MbSra&m=1eVDlOtBCXxZ_T&b=EddVtJtxUw.aGwdxSucfsg

Dear All,

what a good idea? though builders/developers and sales agents are not specifically listed in Maria's article and in Justin's interview with the lawyer it is not mentioned at all.

However Mark did say that Spain has good consumer protection laws.

So how is it that this developer and his agents can behave as they have with apparent impunity????????

Unfortunately Justin did not put questions regarding the developer's infamous off-plan contract and why any lawyer would allow his client to sign one, let alone advise completion when none of the sales promises had been kept.

My own complaints and refusal to accept less than promised has produced the following from the lawyer:-

"Thank you for your e-mail of 12^th September, which I found on my return from holidays.

 As we informed you previously, the developers rescinded the contract of sale on 30^th April 2007 and we received an official letter from the Notary confirming that all monies paid were kept as compensation for the breach of contract.

 We replied to both the developers and the developers’ solicitors by notarial conduct, on May 11^th and June 14^th, stating the reasons why you did not want to complete, but this had no effect whatsoever and the situation remains unchanged.

 Nevertheless, this morning we spoke to the developers’ solicitor again, who informed us that she would have preferred to reach an amicable settlement, but the developers did not agree.

Under these circumstances, there remains only one option, which is to take the developers to Court. However we must advise you that your chances of success would at best be very slim."

This from a Spanish lawyer - they don't seem to speaking with one voice do they????

Regards

Norman

 

This message was last edited by normansands on 10/19/2007.

I have a web address that others may want to see...it's based in Madrid...and, wait for it, it is for consumer protection!!!! http://cec.consumo-inc.es/cec/Secciones/quienes/quienes_en.asp. Please refer to this and send individual emails to them re Casares del Sol....Interlaken 2003, MLH aka Ocean View Homes...maybe, in Spanish style (slow) we will get SOMEWHERE.

(I fell out with my solicitor so he is not even informing me of events!!!   

 Update from my Spanish Lawyers as follows :-

"Many thanks for your email. As you have correctly said, all business here must have this complaints book; but the companies do not have the obligation to offer it to you, just to put it at your disposal at your request. If you did not ask them to give it to you, they would probably did not offer it. "

This than gets processed to the consumers office.

I have requested access - All owners should request access to the complaints book.

Norman

Although I'm sure we both feel the same with regard to MLH and Interlaken and what they have delivered or failed to deliver, I truly admire your stance and refusal to accept what they have produced.

I wish you all the very best with your claim against them.

If I can help in any way, please feel free to ask.

Ian

 

 

Hello Ian,

thank you, I would have thought it was in everyone's interest to work together as a group but we seem to be dis-united.

No one has offered or informed me of any consumer protection or complaints book, yet it seems that everyone should have, that is every business, i.e. agent, lawyer and developer. It seems that they should all be reported.

Emma attended her completion and I posed the question of whether anyone offered her any duty of care or consumer protection but she failed to answer. Peter also fails to answer my requests for information and co-operation. Are they all receiving secrecy payments I wonder. Something is stopping our common interests from coming together. Even Gary has stopped puffing about exposure by the times newspaper.

Justin has now done three interviews and all have advised against buying but suggested renting for a period but the over-supply is going to be around for some time I think.

How do I get access to the illusive complaints book or books?

If the lawyers don't think that the courts have consumer's interests at heart, then what hope of an outside organisation, does it have any powers and is it inclined to use them?

However I mean to press on in any way I can.

Regards

Norman

 

 

This message was last edited by normansands on 10/26/2007.

Hi All,

 

I am confused.....I have 2 sites to fight at the moment so am a bit distracted....the complaint's book...do you mean the legally required reclamation forms...if so it isn't a book......you have to ask each business for a sheet......preferably in person. I am going out next month.....(funds are getting shorter,,,which I think the bs count on!!)

 

I intend going to my solicitor, estate agent and developers...any business that is in contact with consumers should have official forms. I think they accept them filled in in English.

 

I'll try to find out some more details asap! Sorry that I haven't been doing my bit...feel like blowing a fuse!!!

 

 

Hello Norman, long time no speak, been too busy enjoying the sun!

Emma attended her completion and I posed the question of whether anyone offered her any duty of care or consumer protection but she failed to answer.

 

Just returned from a week there today, actually, but I'll start a new thread about that.

Regards

Emma

Did you? I'm sorry, I probably didn't understand the question, still don't. Nobody offered me a complaints book or explained a complaints procedure at completion, but neither did I ask for one. I didn't really have a formal engagement letter from my solicitor at the outset, either, like I would get in the UK, explaining all that blurb. I naively took the view of "When in Rome (or Spain).....etc" However, I don't personally have any complaints at present. I have an outstanding issue with my solicitor, but have chased and they have responded. I'm not receiving any secrecy payments either.