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Hi Misty

I think they are just skint and making as many excuses as possible until they sort themselves out

And if ya skint and ya cant buy bricks and morter and cant afford the builders wages ya nackered

I Think the only way out of this mess for them, is to get money from the banks to finish it off

but if the banks wont lend it to them -  - look were we are now 

They are not stupid and they know how much money they will get once it as been finished so whats the old up - well we are back there again

 SKINT

we were told by the solicitors that if the bank has auctioned the building, it obviously doesn't belong to Urbasa or the bank & the new owners will just sell the apartments on again as though they were a new site.

 I asked the same question would it not be better for the new buyer to have ready made clients such as us, but I was told that it doesn't work like that! - but at the moment we haven't heard whether the building has been sold or not - hopefully we will hear by the end of this week.

As for the thefts being reported - the people in the next building have had the police down, but the building isn't secure - the crane has gone & there is a makeshift ladder up into the building from that hole - also the office in Almoradi has been closed down as well - I think just before Xmas & that was when our emails stopped being answered - and we were emailing the Elche office.

As soon as we get any more news I will post it 

surely we own part of this building, with all our deposits we must have paid for the building to get were it is now

i cant see how it can get sold unless it gets sold with the contracts inplace

I personally think it is a bit more complicated than that

and if it does gets sold, The owners who would be getting the money for the building would have had  to be urbasa for it is there's

this must be were we get our money back in court

the thing is - - AS IT BEEN SOLD  -  we need to know this

Urbasa have not informed me or by the looks of it any of you

i have not been to almoradi since december but the office was open then aparently its still open in elche

I DONT KNOW WHAT TO SUGGEST FROM HERE BUT THING ARE NOT LOOKING GOOD

AS ANYONE BEEN IN CONTACT WITH URBASA TO SEE WHAT IS GOING ON ?

INFACT WE ALL KNOW URBASA LOOKS AT THIS FORUM SO YOU MAY AS WELL TELL US ALL ON HERE     WHAT IS GOING ON   ! !    PLEASE REPLY

THEN WE DONT NEED TO MESS ABOUT

GRUPO URBASA PLEASE LET US ALL KNOW YOUR INTENTIONS HERE THANK YOU

This message was last edited by philansy on 3/12/2008.

Hi

we spoke to the builders on Monday and they informed us that they have not had all the money from the mystery man who bought the project from Palmera, and said we should take court action as a groop against him.they also said that they still have not contacted every one about the outstanding moneys. the real scary part was that they said even if they finished the build this week we would not be allowed in the property or have any legal rights as they are still owed money from other party ? and if this is not paid we dont get the apartment.

Hi all

 

with regards to the last reply...we were also told this when i had the meeting with them a couple of weeks ago...this is not good. It feels as though which ever avenue we go down..it always comes back to us have the real headache with it all.  I beleive if Urbassa take court proceedings against this third party and if we have everthing confirmed in writing from Urbassa solicitor..then perhaps as a group we could also do something ???

I have spoken to Anca this morning and have been given the same story, which if it is true means that we should be going after Palmera as they are the ones who have taken the money & not passed it on - and also lead us all to believe that we were buying directly from Urbasa as we thought this man's name on the deposit papers was from Urbasa.

I believe now that there is no chance of ever seeing our money - I have emailed Palmera's solicitor on Monday & haven't had a reply & all Palmera's phones are disconnecting after 3 rings.

we are negotiating to buy another property in Almoradi as we still want to be there, but we are going to be about 50,000.00 euros out of pocket as things are more expensive now.      

Hi All

On our last correspondence from Grupo Urbasa on 17th September 2007 they state and i quote 'the delay on the execution of the works has been a result of the transitory economical  situation undergone by our company' it goes on to say they want to reinstate the work asap blah blah blah, nowehere in this letter or in  any previous correspondence over the last four years have they stated that they have not received our monies from Palmera, I cannot believe for minute that if they had not received our money especially after the 36 months had gone by that they would not have told us, this latest claim by them along with other claims regarding ownership of property is just confusion management on their behalf, our contract is with them and this is I believe where we should aim our legal action, if and a big if they have not received our monies from Palmera this is for them to take up -re sue Palmera-

Hi all

this is really getting even more confusing. my contract is not with Palmera or some Morroccan milionaire it is with Urbasa.

Urbasa have signed the contract which shows a correct balance payable after my deposit.  so in my instance at least Urbasa have receieved all the upfront monies (paid incidentially via Palmera' s Lawyer) due from me. if they had not then the contract would not show that they had.

It may well be that some of us have contracts signed by palmera or someone other than Urbasa. How many have Palmera contracts and how many Urbasa contracts?

My point is how can I sue Palmera or anyone else and  for what reason/basis?

Assuming that Urbasa were/are the legal owners of the project/build then Urbasa has the responsibility to me as my direct seller not anyone else.

i think we are all being led a merry dance.  even the lawyers cannot get to the truth

what thoughts from others please?

bill

 

Hi BILL

same here urbasa have told me how much they have recieved from me and it is the right amount

I have been on to spanish lawyer this week and they have told me it could be 2 months or it could be six months before we go to court

all my paperwork as gone in but we have to wait for the courts to set the date

I SEE URBASA DIDNT SAY OUT ON HERE WHEN I ASKED THEM TOO

In total agreement with Bilcar our contract clearly states its with Urbasa and is stamped as such with their seal which makes it legal in Spanish Law, also on page three of the contract it states that the buyer has already paid the deposit and actually states  a euro sum which will vary from client to client.This contract was drawn up by Urbasa, we have a copy in English and a original in Spanish. Advice to anyone who has not sent the documentation do not send the original copy of the contract as this is the only one recognised by Spanish law and if you do not have this you may have problems going to court. We would be interested to know if anyone has an actual contract with Palmera and not Urbasa .

as anyone on here not sent there paperwork in ?

or is this just another excuse

i personally think everyone would have sent there paperwork in if urbasa had asked them to - it wouldnt take this long

HI ALL

 

REGARDING THE PAPERWORK - WHEN WE THERE THEY TOLD US THAT ONLY 35 - 40 PERCENT OF PEOPLE HAD ACUTALLY SENT THERE PAPERWORK IN - THEY CANNOT GET HOLD OF EVERYONE BECAUSE OF THE APARTMENTS BEEN SOLD ONTO SECOND AND THIRD PARTYS ?? DONT KNOW HOW TRUE THIS IS...THEY ALSO TOLD US THAT PALMERA WERE FORGEING THE BUILDERS SIGNATURE...NOT SURE IF THIS IS JUST ANOTHER ESCAPE ROUTE - HOWEVER IF THE CONTRACTS AND LETTERS WITH MONEYS RECEIVED ETC HAVE THE URBASSA STAMP ON...I DONT KNOW HOW THE ABOVE CAN BE TRUE.............READING THROUGH ALL THIS TODAY - I STRONGLY AGREE WITH BILLCAR AND MISTY COMMENTS - THAT URBASSA ARE THE SELLERS AND WHICH EVER WAY THEY LOOK AT IT - THE CONTRACT LIES WITH THEM....PLEASE ADVICE - AT PRESENT I HAVE NOT GOT A SOLICITOR INVOLVED WITH ANY OF THIS...SHOULD I BE SEEKING ADVICE ???

ALSO WHEN WE WERE THERE THE OTHER WEEK LOOKING FOR THE OFFICE IN ALMORODI - WE WENT TO THE ESTATE AGENTS ROUND THE CORNER AND GOT CHATTING WITH AN ENGLISH GUY WHO WAS AWARE OF ALL THE PROBLEMS URBASA/PALMERA ARE IN AND HIS BOSS WHO WAS SPANISH TOLD HIM TO TELL US OF AN ACTION GROUP GETTING TOGETHER TO TAKE LEGAL ACTION AGAINST THEM - OBVIOUSLY HE SAID THE MORE PEOPLE THE BETTER AS IN SPAIN THEY DONT LISTEN TO ONE PERSON...A NAME WAS WROTE DOWN FOR ME...I HAVENT YET EMAILED/OR TELEPHONED THIS PERSON AS YET...IF ANYONE OUT THERE IS INTERESTED - I WILL POST THE DETAILS ON THIS SITE TOMMOROW AND HAVE A THINK AND LET ME KNOW YOUR THOUGHTS????????

THATS ALL FOR NOW

 

 

Hi all

 

Just to let you know as per my last note...i have e mailed this person regarding group action...i am waiting for a reply - will let you know as soon as i hear..

 

babsy

Exactly for what purpose would 'group action'  be taken? what are these 'group action' lawyers saying or promising can be done?

those of us with contracts with urbasa have the option to cancel  and ask for our monies back as other than not finishing the build, they as far as I can see have broken the terms of the contract (bad enough), but nothing else. my contract confirms receipt of my monies paid to them. if no money is returned then resort to suing them in the courts. on what basis would any other legal action be taken and to what end?  I have asked this question before but no answers.

I know for a fact that locally in Almoradi there have been issues with urbasa/palmera on other builds which may or may not warrant some legal action but cannot see how this would affect 'amarion 111'  buyers

perhaps someone already signed up for a 'group action' could throw some light on tnis?

bill

 

 

we have had a reprot from a solicitor in Spain, who says that we will win a case in the courts against Urbasa - it will take about 10 months to go through the courts, but then we have to get the money from Urbasa & this will be the problem as they still have land etc but no money.

we are writing to officially cancel our contract and ask for the refund of our money or else we are taking them to court - you never know it might just work 

Hi Lucydog

i have cancelled over 6 months ago

urbasa said they have no money to pay me back so i have started court action and now i am waiting on the courts with there paperwork

Helo All, I am new in eyeonspain, and glad that I found you as I am going through a living nightmare!!.  I am Spanish and living in London for many years.

I bougth 2 apts in Amarion III in March 03. I met in July last year with Jose Antonia Ariza (one of the gerentes of Grupo Urbasa in Elche) to formally express my wish to rescind the contract and and have my money back.  He did not say no at  the time but I am still waiting. I would like to know if a group action has been created, is a court case in place?  I have been talking to a Spanish friend lawyer and as there is no back up (aval) from Banco Pastor or an insurance company (as it should have been the case), this lawyer has strongly recommeded to go to the tribunals through via penal, not the via civil.  Grupo Urbasa is "en suspension de pagos" so that is why the case now needs to go direct to the individuals in Grupo Urbasa.  Banco Pastor is on the way to reposes Amarion III and more than likely  to sell it on to  3rd party.  If this occurs, that will be the adios to our moneys.  He suggested to get as many of Amarion III buyers together as possible - the case will be stronger and court fees/lawyers lesseer.

Much appreciated your comments.

SMC

 

Helo All, I am new in eyeonspain, and glad that I found you as I am going through a living nightmare!!.  I am Spanish and living in London for many years.

I bougth 2 apts in Amarion III in March 03. I met in July last year with Jose Antonia Ariza (one of the gerentes of Grupo Urbasa in Elche) to formally express my wish to rescind the contract and and have my money back.  He did not say no at  the time but I am still waiting. I would like to know if a group action has been created, is a court case in place?  I have been talking to a Spanish friend lawyer and as there is no back up (aval) from Banco Pastor or an insurance company (as it should have been the case), this lawyer has strongly recommeded to go to the tribunals through via penal, not the via civil.  Grupo Urbasa is "en suspension de pagos" so that is why the case now needs to go direct to the individuals in Grupo Urbasa.  Banco Pastor is on the way to reposes Amarion III and more than likely  to sell it on to  3rd party.  If this occurs, that will be the adios to our moneys.  He suggested to get as many of Amarion III buyers together as possible - the case will be stronger and court fees/lawyers lesseer.

Much appreciated your comments.

SMC

 

Hi Philansy,

I noticed you said you have already taken Urbasa to court, is that through via penal or civil? Is your lawyer in Alicante?

Cheers
SMC