NIE Form - help on completion please!!

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Arenal Duquesa Phases 1,2,3,4,5,6 forum threads
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26 Feb 2008 12:00 AM by Tamsin Star rating. 169 forum posts Send private message

I contacted our lawyer yesterday and she tells me that she has been constntly trying  to get a reply from the developers concerning our deposit but she has come up against a blank wall.  Can anyone help?     We started proceedings to return our deposit in August . Is this too short a time?    How long has anyone else had to wait?  Has anyone had their deposit returned?  Can anyone give me a name and a telephone number?    We would like the deposit to buy some furniture for our new apartment ,and  as it would be given in euros it would greatly help as the euro is so low just now. 




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28 Feb 2008 8:54 AM by gwilymashworth Star rating. 30 forum posts Send private message

Hi Tamsin

We had our deposit returned.  As with you the developer did not acknowledge the letter from our solicitor.  However, after one month our solicitor could prove that no reply had come and therefore contacted the Insurance Company that will have provided the bond for your deposit.  It still took a few more months but eventually we recieved our deposit back plus 4% (we thought it should have been 4% per annum - 4 years in our case - but we lost that battle and was glad just to get our money back)

As long as your solicitor wrote to the developer before the certfiicate of habitation was issued you should be ok.  I am suprised that your solicitor does not know what she should be doing.  Send me a private message if you want more information.




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02 Mar 2008 8:55 AM by pcjoe97 Star rating. 7 forum posts Send private message

We have a deposit put on an apartment in block 4  and we are still waiting for sign up . At this stage we are tired waiting what process did you go through to get your deposit back. I would appreciate any help you can give us. Many thanks




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05 Mar 2008 2:24 PM by Tamsin Star rating. 169 forum posts Send private message

 

Our lawyer has informed us that the comany are at this point refusing  to return our deposit . 

We never entered into a proper purchase contract as our lawyer advise us against it as she had concerns over the validity of their building licence which turned out to be justified, subsequently we did not get a guarantee. This guarantee is provided as per Spanish law, to purchasers who signed the contract and paid a 30% deposit.

She was able to speak to a Mr. Ramón last week who informed her  that the developers had never defaulted (building started shortly after we signed the reservation document) hence they refused to refund the 6,000 Euros.
 
She replied that this was impossible and illegal as they lacked the building licence.
Has anyone had this problem - we cannot afford to lose 4000 euros and we were informed that there would be no problem - now the company are recinding?    I suppose we will have to let our lawyer sort this out .  I am so glad that we bought somewhere else.



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05 Mar 2008 4:58 PM by pcjoe97 Star rating. 7 forum posts Send private message

Many thanks for information , I have 30% to recover back so I will continue to chase my solicitor on this


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05 Mar 2008 5:41 PM by alanwspencer Star rating in Hertfordshire/Duques.... 340 forum posts Send private message

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Tamsin, it appears you were badly advised by your lawyer. It is vital to have a bank guarantee in place before you part with any money. I don't think there is anyone on this forum that would advise you otherwise. If I were you I would contact EOS lawyer Maria de Castro on the main forum and ask her what rights you have.
Alan

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05 Mar 2008 7:55 PM by laurdan Star rating. 441 forum posts Send private message

Alan, where have you been? Been getting over the Carling Cup hangover?


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05 Mar 2008 8:21 PM by alanwspencer Star rating in Hertfordshire/Duques.... 340 forum posts Send private message

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Hi Tracey,
Not bad eh? And there's more to come tomorrow in the UEFA cup. (Your lot didn't do badly last night. )

I lost my internet connection for a week. They tried to silence me but they can't keep a good man down!?
When do you go over next?
We are fast approaching the time to make a final decision. At the moment it's the terrible exchange rate that is bothering me.
Alan

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06 Mar 2008 8:35 AM by laurdan Star rating. 441 forum posts Send private message

Yes 'the boys did good' on Tuesday, it was especially comforting after such a terrible couple of weeks, still...we are through that now and still on top of the league...just!

Glad your back online we are back out in a few weeks...and counting.  Hope you decide to continue, the exchange rate is not good and has been like this for some time now, you didn't listen to me when I told you to exchange last year .  Basically where ever you buy now will be affected if buying in euroland. But will you put your life on hold because of this??In the words of William Saroyan a famous playwright who wrote these words as a foreword to his famous play in 1939

"In the time of your life, live..."

So stop worrying about money as I always tell my husband it was made for spending!!




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06 Mar 2008 10:25 AM by alanwspencer Star rating in Hertfordshire/Duques.... 340 forum posts Send private message

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Tracey your eloquent prose may yet convince me to go ahead!  As Ernie Wise once famously said, "My philosophy to life is all here in the play what I wrote".
Alan

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06 Mar 2008 10:31 AM by laurdan Star rating. 441 forum posts Send private message

06 Mar 2008 12:01 PM by Pdrich1 Star rating. 261 forum posts Send private message

Alan, go on.  You know you want to.


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06 Mar 2008 5:13 PM by robbie Star rating. 82 forum posts Send private message

Hi Tasmin,

Firstly hope you are successfull in getting your deposit back  

I am a bit confused is your lawer still saying that she has concerns over the validity of the building licence and this has been justified, could you explain on what grounds she is saying this, The reason I ask this is that we are due to complete on the 11th Mar 08 and if there is a problem it would be good to find out now,my solicitor has reasured me there has been a building licence granted and also a F.L.O for the blocks being released in Phase 1 , and I am quite sure that the people who have already completed did check with there solicitors that every thing was legal and above board before handing over the final payment, I would be gratefull if you would reply stating your lawyers concerns  either on the forum or by P/M,

Regards

Robbie  / Barbara

Liverpool & Soon to be Duquesa,

 

  




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