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11 Mar 2008 9:23 PM by rowlandsbb Star rating in Gloucestershire &Hue.... 780 forum posts Send private message

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I agree with everything you say and as it stands we all have what appears to be a watertight case but you may have to start legal action in Spain

Like UK that does cost money up front...the amount seems to vary depending on who you talk to!

It is not just Huma Mediterraneo SL you are dealing with as it 'appears' [ and it is hard to know if that is true]  that the Banks financing ACC are controlling the cash flow......and Banks are the same everywhere, only look after their own interest !!!

Through no fault of your own you now find yourself in a difficult position If you want to go to court then do so ....it will take time and it may be best to start straight away....speak to your lawyer as I can not state an opinion on that or on the financial implications for you

My decision was made on ' my own financial interests'

All I can say is 'it does no harm to look at the options'

MCC- the number available are limited and first come first served

At the same time look at OCC....you do not know if you do not look

Then make your decision.....your agent should be able to help you on this otherwise contact Huma direct



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11 Mar 2008 10:13 PM by trudge Star rating. 154 forum posts Send private message

Thanks for that Rowlandsbb

w e are in the process of taking them to court and we wont settle on the steps ,because  we tried to settle amicably and  would settle for our 35,000 ,they kept promising it was on its way but like our B/G never turned up.We dont want another property with Huma they obviously cant be trusted ,infact it has put us of buying anywhere else,it took along time for us to decide to buy abroad with all the land grab that went on ,but on my husbands 40th (expensive pressy he's now nearly 43 with a lot more grey hair )  we took the plunge and now we've drowned so once bitten twice shy this has caused lots of sleepless nights all i can say is that you must be a stronger person than us and wish you luck with your new property.   

PS. Focus International was our agent there no where to be seen  when we need their help .I think they've gone into hiding , its a shame they seemed a nice lot when they took our money.




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11 Mar 2008 10:42 PM by rowlandsbb Star rating in Gloucestershire &Hue.... 780 forum posts Send private message

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Wish I was still 43.... then I could  perhaps have bought the Desert Springs land for the price of a Tarifa!!! 

It is still a great area of Spain to spend time in- just got back but I understand how you feel....a couple of years with no BG is no easy life

Hope you get what you are looking for and the legal action does not keep you awake at night

Those who have a BG will probably get the money first

 



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13 Mar 2008 10:20 PM by Antojo Star rating. 101 forum posts Send private message

Brian

We have a bank guarantee for all of our stage payments but the bank has been refusing to communicate with our solicitor since August of last year so we still have no refund. We thought our money was safe with a guarantee but this is not the case.

We are appalled at the behaviour of both Huma and the bank . To us , we never expected a bank to behave in this way and no-one seems to be able to do anything about it. What a mess.

 

 




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14 Mar 2008 6:17 PM by KarenDavid Star rating in Berkshire and Vera P.... 122 forum posts Send private message

Hi Antojo

Please email ** EDITED - Please do not post email address ** with your story.  I dont know if youve seen the previous posts regarding this but just drop them a line outlining what's happened to you if you haven't already.   Thanks


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15 Mar 2008 11:12 AM by scales Star rating. 32 forum posts Send private message

antojo.

 

We exercised our bg in January, Banco Popular very quick and efficient. Is this the bank your Bg is held at, if so we had no such problems

 

scales




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16 Mar 2008 10:40 AM by Bob the builder Star rating. 6 forum posts Send private message

Scales,

re,

"We exercised our bg in January, Banco Popular very quick and efficient. Is this the bank your Bg is held at, if so we had no such problem"

 

What were you charged in legal fees to obtain your cash back with the BG?

 

 




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16 Mar 2008 11:35 AM by scales Star rating. 32 forum posts Send private message

 

Bob the builder,

About 1500 euros from memory

 

scales




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17 Mar 2008 11:14 AM by Bob the builder Star rating. 6 forum posts Send private message

Thanks scales, I've been quoted 3000 and thought it extreme.

How come the lawyers charge so much for so little.




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17 Mar 2008 12:57 PM by Philmel Star rating. 214 forum posts Send private message

Do you actually need a lawyer to execute a bank guarantee ? If so, why ?


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17 Mar 2008 2:27 PM by kazandmaz Star rating. 4 forum posts Send private message

Bob the builder, did you get your deposit back?? can you let me know how you did this please




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18 Mar 2008 1:04 PM by Bob the builder Star rating. 6 forum posts Send private message

In response to the questions about BGs.

I have a bank guarantee for first and second stage payments but by luck rather than due care etc from any of the Spanish parties.

I was told originally that I would automatically have the BG when I signed the contract, I (like many others) discovered subsequently that my 'brilliant' lawyers and 'wonderful' sales agents hadn't taken the appropriate steps to secure this guarantee. At this point ACC had been stopped and I realised that the BG may become necessary. My wife asked me many times about the BG, I kept telling her all was well, it says in the contract that I have a BG, the 'LAWS' in Spain say that I have to be given a BG!!!

"So have you actually seen and read the guarantee"

Asks the missus........

 

Err no. I havent actually seen it......

There followed many e-mails and threats of creating havoc at future exhibitions of the selling agents (MRI) before I eventually received what I (and all of you) should have legally had in the first place.

 

I have e-mailed the bank that issued the BG (bankinter) asking them how I exercise the BG, well, I am still waiting for a reply. I bet they would have contacted me immediately if I had enquired about their other services. This means that I will be phoning interbank this week to discuss my options. I can't see why the BG can't be paid out straight to the customer. The lawyers are asking silly money for sending out a registered letter and informing Huma that the contract is cancelled.

I will report any further news if there is any.




This message was last edited by Bob the builder on 3/18/2008.


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18 Mar 2008 1:23 PM by Philmel Star rating. 214 forum posts Send private message

I have limited knowledge about executing BG's but learning fast.

I have been advised that you need either a lawyer or a notary to do it for you. (can anyone confirm this)

This is to prevent fraud and also ensures original documents are submitted untampered and emailed / sent. It's the banks safe guard. The word bureau fax was mentioned to me which is apparently a way to send legal documents !!

With this done the bank should refund the customer.

But guess in the Spanish world it will never be that easy.




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18 Mar 2008 2:08 PM by scales Star rating. 32 forum posts Send private message

Philmel,

No you don't need a lawyer

Go to Spain, take all necessary docs with you send bureaux faxes like you said and if you have missed anything then bad luck start again

I tend to use a solicitor and a Spanish one for this as 'you know to makes sense' NB) our fee was more than covered by the strong euro exchange which is even better now

PS, I decided on this action end of November 2007 before all the horror stories about banks refucing to honour bG's etc

scales




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