FORWARD CONTRACTS

The following is copied (with his permission) from a private e-mail sent by Max to me early this evening.

We just had a shocking experience. We met with Hernan (the President) and Irma (Administrator) and discussed some of the issues which are important for the English community. I will tell you about the results when I have calmed down a bit. 

There was a notice on all our doors stating that there will be no water for three days (20-22 nov) because the administrator had not paid for the necessary fees. Very accusative so they came straight away to rectify this. The reality is that the whole area (Fuengirola, Mijas and Benalmadena) will be on very low pressures because of some problem within the water company. There is a reservoir which can keep us going for a short term and to use that we need a contract. The promoter never informed us about the contract, never notified us so the administrator got all the faxes yesterday afternoon. They state on the notice that they mentioned it on the meeting at the 8^th but that’s not true.  

The administration office is trying to solve it now before the 20^th but they are not sure they will make it. The reservoir would anyway not be big enough to cover for three days. 

We also had a look at a cable running from block 4 to a building in phase 2 where the other daughter of Don Juan already lives. Irma and Maximo (Administrator) were already aware of it so they took a picture and called the police. Juan (the foremen) saw me standing next to Irma when she took the photograph. He called victor (the nephew), Victor called the old guy himself so when the police arrived they were forming a defense line for the offending cable. Hernan and Irma had wandered off inspecting the illegal dishes so Maximo was alone. He needed my assistance as he is just the administrator and can’t make formal complaints. Imagine me, standing there with five very angry guys, two policeman and Maximo who looked like he just came out of a grave.  

Luckily I got Hernan and Irma in time because Maximo was loosing the battle. Irma was fierce and won the discussion. Hernan gave his details to the police etc. 

Well the end of a long discussion (Don juan stating that these were all his building and so on) was that they had to pull the plug. Then Maria Carmen (the other daughter) came running out of her apartment angry that she lost her electricity. The defeated family and their employees walked up the path. Then the  X5 came screaming round the corner. Nuria jumped out. She saw only me on the path (the rest was around the corner) so she started screaming at me. With the help of Saskia, the gardeners and a neighbour it became clear that;

a)     she wanted to kill me

b)    she already prepared a plan and it involved my little daughter. 

Neighbours got the police to me, Nuria had to be held back by her father and sister but kept on yelling. At the end the police had a discussion with them and the whole family drove away with screaming tyres.  

We (Sas and I) were really shocked and scared because of the threats made to Isa. Hernan, Irma and Maximo insisted that we had to go to the police head quarters for a formal complaint. As it’s not our native language that seemed difficult. In the end we managed to get the National Police involved. They have taken our statements, names, names of witnesses and people threatening by telephone and will send a copy to the National Police office in Fuengirola. Saskia is just on her way to sign that.  

According to them this is again a criminal case and they will hear Nuria and the witnesses and go to court if true. Our report will be connected to the theft of electricity which Hernan has to declare today.  

I guess you can understand I didn’t realize what I was up to when I volunteered for the vice-presidency!

OH MY G**

This is very worrying.  Do any of you read the general noticeboards?  There is one that tells of intimidation and bribery in Spain as being accepted and they're not 20 years old stories. Only hope the police are better at carrying through complaints than the ones we currently have in UK. Apologies to any serving officers who are neighbours but as a member of the general public the service we get is pants.

Max - do we need to club together to buy you a bullet proof vest? We all certainly owe you a large drink.

Dear all,

It doesn't surprise me that the situation has escalated. I was present at last meeting and saw the unprofessional way of communication from the developpers side.

Especially Noeria was very unprofessional and I wonder if her dad knows that she is breaking down his business for the future if she is continuing this way.

Anyone who wants to buy from arrohabitatge will searh at google first before they buy, check what you will find about them!

Well I have checked it and if I was a new customer and read this, for sure I would consider to go another developper (and this is just the beginning!!).

Don't they understand that in this world you can't achieve anything with shouting and playing dominant tricks to customers?

It is very sad that this happens and it takes also our holiday and relaxed feelings away.

I wonder how long it takes when real accidents are going to happen.

To all of you and especially the developper stay calm and be professional!!!!

Best regards,

René

Hi All,

It will be good for you when more of us are resident there. In the meantime all Pete and I can offer is moral support, I wish it could be more. I think it has been a surprise for the developer to come across such well informed residents, that they have not been able to ride rough shod over everyone. It's incredible that Max, his family and Hernan have found themselves involved in a court case! How wonderful though that they are prepared to stand up to these people.

I hope that the problems there at the moment do not spoil your enjoyment of your new home for too long.

Interesting about the water issue. We only completed on Thursday and received a copy of the notification of the interruption of the water supply. It says that the interruption is due to the connextion of a new main water pipe and it affects the East side of Marbella, Mijas, Fuengirola and Benalmadena! Not, it would seem, because we haven't paid fees. But why let the truth get in the way of intimidating your clients!

Best wishes to you all

Michelle

.

Sorry about the last post,(Gremlins in the system)

Max,

The treatment that you are receiving is horrendous.  It should not be allowed to happen and as a community we all should ensure that this is stopped immediately.  The way I see it is that the developer is being unreasonable in all respects (I know this only too well by the way my own purchase was conducted).

From the outside looking in it seems that the developer may now have his back to the wall if the police are involved and the time may have come to cool things off a little and allow the developer an opportunity to make a dignified climb down before things get really out of hand.

There may be little chance of this but who knows what he is now thinking.  When the development is finished everyone needs to live together in harmony and maybe the developer needs to start acting neighbourly as from NOW.  One thing is for certain, if this is not halted then things will get worse and you and the others do not need all this aggravation.

You have all done a magnificent job so far and I am sure that there are many frustrated people like myself who feel helpless watching from a distance.  I am all for offering an olive branch to the developer via a lawyer as a last gesture.  This will be seen in a good light if he refuses and matters go to court.

If he digs in his heels then I for one will back the community, which is all of us, and yourself to the hilt and we should take him on with whatever means necessary.  This could get costly but we should be prepared to fund actions in the short term for long term results.

Maybe others will disagree with the above but it is only my opinion.  One thing for sure is that I will continue to use your services as recent events have only served to convince me that you are a trustworthy and reliable person.  You have my FULL backing.  Let me know if there is anything I can do.

Regards

SRS

Max

I was very concerned to read that his has happened on the development.  We can only thank you very much for all that you have been doing to help the some running of the process of buying and moving in for many of us.   Without the help of your family and business life would have been very difficult for many of us.  I can only repeat what I have said before - we are very pleased and impressed with the service we have had from yourself and the company you are trying hard to establish and we will certainly be using your services again in the future.

When we are not living full time in Spain it is very hard to make sure that all is well but I have total faith in both yourself and your wife and I am sorry that people have been making life very difficult for you.  This last episode shows us that we need to show our support and I do think that we have the right person as our vice president .

Regards

Max,

Have you seen the article Publicity- Part of the Contract on this site today.  It quotes legal sources and court judgements that say it does not have to be in the written contract to be part of the contract.  If you have a moments peace have a look at it it might be of help in the present situation re gated complex.   If everyone that was told the complex was to be gated put in writin throught solicitors it might be useful.

Thinking of you and your family.  Keep up the spirits and the good work.

Regards,

Monica and Seamus

Hi RG,

Regarding your post,

"Hi Max Regarding point 'e' perhaps it would be beneficial to bring 'class action' against the promoter for this. i.e. if a group of us sue the promoters for the plus valia and compensation for delays, would your lawyer be prepared to take on group action. This would work out cost effective as a bunch of us would be sharing the costs. Dependent on costs I for one will be interested"

I would be intrested as well!

Kind Regards

Neil Plaister