Barclays Opportunity Account

I have also purchased an apartment on the 2nd phase of Nueva Ribera Beach club. I have been in discussions with Karin Mattison as well as Romy (who is now on maternity leave). They are both lovely ladies but you know that they are telling you what they think you want to hear. The price that we have paid for these apartments would be fine if the whole development was ever to get finished, but even if they did let us have our apartments (which I've been trying to sell for over three years now) they can't even be worth half of what we've paid as they stand. I don't see this site ever being finished.  Who else would want to invest money in this awful mess. Surely, there must be some law that can help us get our money back.  What about these Bank Guarantees that were such a big part of the selling package.  Can we all work together with a solicitor (preferably one in England) so that the expenses are smaller.

 

Hi

I would certainly consider it if we can get enough people interested. I am trying to get an update from the Town Hall via my lawyer in Spain at the moment but have been told by the developer that they would not consider me getting out of the contract " in a friendly way" !!

Does anyone have a UK lawyer who has the knowledge and expertise to take this on?

Carey

Hi there, we are also owners trying to find a way out of the contract and would be willing to share the costs to facilitate a legal way of doing so. we are just making enquiries about an english/spanish law firm to see if they can act on our behalf. please send your name & phone number to dstill@ntlworld so that we can co ordinate some kind of plan to start to bring a resoulution to this whole mess.

warmest regards

Donna

 

Hi all

I have just been offered a 3 bed in phase 1.  It sounds very attractive but i'm a bit worried about the problems with finishing the area.  Is phase 1 ok??  Thanks a mil.

 

 

Hi all,

We're new to the site, but have seen the latest e-mails and would happily share in the costs of poss getting our money back. Like many of you we have lost all patience in the development and it's certainly gone from being our dream come true to a living nightmare.

We are due in San Javier 1st to 6th of May and will try and get as much news as we can.

Kind regards

 

Julian and Diane Newton

 

 

Hi All

I'm sorry to hear about all the problems you are having. Just to let you know when i was in Los Alcazares last week I was told that the Mayor of Los Alcazares had been arrested.  Seemingly other Mayor's in the area have also been arrested all for corruption.  I was viewing a property in Euro Roda up behind the Wok Buffet but these maroon coloured townhouses also have no certificates of habitation.  It is up to the Mayor to sign these certificates so it could be a while as there is no Mayor!!  Hope it all works out well it is a fabulous location.   I know the frontline villas have been stopped for definite.  The apartment I was offered is now frontline but i'd be very dubious about the longterm.  Hope this is of some help.

 

Regards 

Hi Donna

It looks as if we are picking up more people now and from murphs comments about the mayor it doesn't look as if it's getting any better.  I am still struggling to get much information.

I will email you and perhaps we can have a chat about it.

Regards

Carey

Hi All,

I am in the same boat as you guys, any information would be appreciated, I live locally and I can not get any information about the future of this development.

Should anyone wish to meet up, send PM  and would be happy to meet up for chat and cry (just kidding, but only just)

Regards to all and good luck.

I am another owenr who is involved in this shambles and like everyone else fed up with the excuses for the last 3 yrs. I have exercised legal proceedings and I would rather fight for my money that complete on this mess of a development. The only correspondence/communication I have received from One Properties over the past 6 months is a Xmas card - what a joke!

This thread confirms my thoughts that I am not the only one involved in this mess. I have visited the site many times over the years and it is such a shame that there are so many issues with this development, but you have to be realistic that it is not worth investing more money into a failing development.

Mark

Hi All,

Just to clear up a bit of speculation, the mayor of Los Alcazares was arrested last year and subsequently jailed, however there is a new mayor now and she is trying to clear up this and other issues in the area.

Don't hold your breath tho'

Hi Mark

Are you making any progress with legal proceedings?

We must be more powerful if we can all work together.

I have contacted Donna. Why don't all of you do the same and let's see if we can come up with a plan.

Carey

Hi All,

My husband and I are also buying on phase 2,we've been waiting for completion since 2006. We've any just found this site and its nice to know there are other people with comments and infomation about the site.  Our solicitor has told us we can't  use our bank guarantees unless the Developer agrees to it, and he wont.  Karrin has told us by e-mail that the Developer has to pave apathway/roadway, on completion of this the Town Hall has promised to issue the Habitional Liscences, but will they? Our solicitor Teresa has started a court case on behalf of one client but has said she hasn't got anywhere as the court has been on strike for 2 months!  We are staying in Los Alcazares from the 5th-12th May, if we find out any more infomation while we are there we will post it on here.

                                                         Lynn

Hi Donna

Did you get my email?

Have you had any luck with a lawyer?

I guess time is of the essence now if we all want to do something about this.

Look forward to hearing from you.

It may be best to post info on here except that One Properties could look at it if they wanted to.

Carey

Hi Mark

I know you sent me a message but I am struggling to get at it at the moment.

I will try again but if not I will let you know on here.

Regards

Carey

To all Nueva Riberia buyers

FYI I have received notification from my spanish lawyer relating to exercising the repayment of my bank guarantee. It's not good news, because the developer and the developers bank are not agreeing to repay funds where there are bank guarantees eventhough the expiry on the bank guarantee is 31/12/08! Based upon this I have been advised to take this to the court because the developer and the bank are not acknowledging the legal requirements of a bank guarantee.

I was wondering whether anyone else has had similar issues with the bank guarantees?

As regards, the Murcia town hall being on strike, I have been informed that the strike ended approx 2 months ago. Has anyone else been informed the same?

Due to the confidentiality of using a public website forum, please send me a private message to discuss further and vice versa.

Regards

Mark

Yes the Court strike entered 2 months ago but there is a massive back log to be deailt with

Please also remenber that there is an excellent consumer protection department at the Town Hall called OMIC at which you can lodge a formal complaint agianst a developer agent and they will investigate matters

 

Hi all,

I've just come across all these messages - although none of them are particularly good news, at least something is happening!

I am a prospective owner on phase 1B.

I am going to court - I have had enough. I have been waiting for completion for 2 years now, and One Properties have a large chunk of my money, which I now want back.  I would really appreciate it if anyone who has been to court, or is going to court, could email me in private to let me know the best way to proceed. 

It is such a shame that it has all come to this - the place would have been great, but I just cannot sink my money into something as risky as this has become.

Best regards,

Backandforth.

All, I have been corresponding with someone who has already taken their case to court. When I spoke to him he said that even in the even that he won in court (he was waiting for a written judgement at the time), the bank was unlikely to give up the money without another battle in court. My take on the situation is that if we are individually successful in court against One Properties/Masdevallia, we should then all join forces against the bank, if they adopt the position expected. Whether or not we have a case, I can see big bills ahead in the form of appeals by the developer or the bank; they will be hoping that we blink first. If we are able to stand together, we must surely all have a much better chance. Best of luck to you all. Backandforth.

Great news for you all - just heard that the first court case against the developer has been won! The developer is expected to appeal the decision.

Update: Just returned from a very pleasant holiday at the resort - renting from Resort Management. No building has taken place since we were there last July. The lifts in phase 1A are now operational - Telefonica has connected the community, which can be seen as a positive sign. The public toilets around the pool are still out of order. The place was pretty busy, with Scottish and Irish schools already on holiday - there were certainly more people around than last year. The main office of One Properties just off the AP-7 interchange is unoccupied/closed down - Karin (and one unidentified Spanish gentleman) seem to be the only employees working for One Properties at the moment. I bumped into Karin on the last day of our holiday, as she was moving the office into the flat just to the right of the security post at the entrance to the resort. She told me that there is no money left in the company -she has not been paid since December, or so she said. I asked her whether the company might go into liquidation, and she said that it was a possibility. The new court administrator is apparently a good guy and is working hard to get things moving forward at the resort, although Karin conceded the fact that with no new sales taking place, and all the current prospective owners heading for the courts, it could be quite a while before anything takes place. Another possibility is that the site is purchased by another developer. If the company did go into liquidation then there would be an opportunity for those of us with deposits to purchase the apartment, but at a negotiated price, in order to gain title. The very fact that Karin is still there, plugging away is cause for cautious optimism. Karin told me that she fully understands the actions being taken by those parties going to court, but maintained that the current situation is no longer about Malaya, but is simply due to the fact that the town hall is dragging its feet. Given that other developments (such as Rhoda Golf) are experiencing similar problems with the town hall, this seems plausible. Regarding court cases - we are going to have our hearing in Madrid. Apparently the court at San Javier is in chaos after the strikes earlier this year. We are told by our solicitor that this should get things moving a bit more quickly. Once our papers are lodged, the solicitor will also apply to have the bank guarantee frozen until the case is resolved (ours expires in December.) We have not changed our minds regarding the return of our deposit, but we will be watching developments very closely - to our minds, this development is still unique in the region, and once it is completed, it will be absolutely fantastic. All the best, Backandforth.


This message was last edited by backandforth on 7/21/2008.