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Tony I agree with briando, you could be personally liable by making a public statement, you need to qualify who you acting for.
Secondly, warren mitchell are not the only solicitors acting for clients and the cost of other lawyers fees are vastly lower than warren mitchell
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Calm down and read what you have put
You start by saying you have an investment in Santa Anna and then you talk about the result of the administration.
You need to understand that the administration includes people from all the other sites and that there are more people than yourself and your forum who have an interest in this. If i want to post on here i do not need to buy a house in Santa Anna or have your permission.
I will continue to monitor the situation from all aspects, including yours. You have no right to publish in the local press anything that may affect my interests or give misleading statements.
You have standards that change to suit yourself, you mention that solicitors may be in it for the money, then you mention that i should have been at a solicitors meeting because they said this or that.
I am asking you to recognise that you are not able to talk for me in the local press, or anywhere else.
Kindly let me have the editors e mail address so i can let them know i may take legal action against any false representation (unless you have an objection to that).
I have legal representation in the courts and with the administrators but thanks for the advice.
Brian
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Best wishes, Brian
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Hi,
After the some what slanderous remarks you made earlir today about peoples integrity I am surprised by your comment. You obvously fail to understand that i can express a personal opinion. Oh and by the way every thing I put in my letter can be substantiated and is not slanderous . Sorry you do not like it but it is not meant for you but for those of us who want our houses built. But here we go again, you and some other do not seem to want that.
All the best
I want my house
Tony
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Calm down
You can not substantiate the outcome of an administration process that has just started..that is what you are claiming in your letter.
Read the quote as you published it. You have taken the opinion of one solicitor, because it suited your way of thinking, then you placed it in the context of a factual outcome.
It will affect the outcome of my investment if you persist with this line of publicity and i want to nip this in the bud. I am simply not prepared to let you or anyone else do this and i have been straightforward in telling you.
No offence..
Have you got the e mail address yet?
Brian
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Best wishes, Brian
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Braindo55,
I think you should be the one calming down and actually read the letter carefully. It doesnot say evey one and it was written in response to the CBN saying that we wanted our money back. Well I and some other do not and we have the right to have our view expressed. You sound some what Stalinist in your approach to free speech.
I think that perhaps you are missing the point of the last few days.
I truly hope that you have your problems resolved but threatening people who may be getting their message across is uncalled for and unaceptable. You and your group of SADM wreckers can write to the press you can get your message out. I have no problem with it nor would I start threatening this and that action.
It is a fact that SADM purchasers have come together in SARC and saying " I want my House" . I am sorry that it is inconvenient to you and others that we choose to fight for our houses and homes to be. We currently represent over 1 in 20 of the non Spanish purchasers at SADM and like it or not we are going to get bigger and louder! I do not speak for you nor would I want to, I speak for myself, Brianmags and those who agree with me! If you read the entries from other sources do you really think that San Jose is not going to go on and SADM built?
I want my house
Tony R 17 18
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Hi Briando55,
These are from posting today
Hi All,
These are parts of postings from the general forum today. They make a very interesting read for those who belong to SARC and the “I want my House” campaign!
Posted by Plusadvisors 30 May 2008 10:13 AM
“Administrators, apart from paying to creditors or negotiating with them the way they will be paid, they will be working to finish those projects pending to completion. It is even possible that a bank would be ready to finance the finalization of some projects in order for clients to complete the purchase and in that way, they would be getting cash money for the company. Therefore, not all creditors will be paid in cash or in properties. Each one will have a particular treatment.”
Posted by Lifeoverseas 30 May 2008 12:41 PM
“FYI: I happen to know that the license issues at Santa Ana are no more. The resort as a whole is composed of several pieces of land owned by different people. There was one of those pieces of land where the owner reneged on the sale and this has caused the delays with achieving the full building licenses. The expropriation of this land has been a long process but finally got agreed in January this year. Santa Ana, in the meantime had already been granted licenses to start works in so far as the foundations (I have a copy of this). This is why they have built lots of foundations and haven't gone any further.
It was obvious that the town hall would not have granted a license to begin works if the full building licenses being granted was any more than just a paperwork issue.
Now that the expropriation has been fully agreed, the building licenses can be granted. The only hitch is that a deposit of several millions has to be made with the town hall to underwrite infrastructure costs before the full paper license can be issued.
Part of the liquidity that the developer needs at the moment is to cover this.
In financial terms, Santa Ana at the moment constitutes a load of deposits which is on average 30% of the total sum that would be received on completing the properties therefore it is logical that any reasonable effort would be made to turn all these 30%s into 100%s which means completing the properties. However, I do understand that this is purely conjecture because no-one can see into the future. This just seems to me the most logical option that an administrator would consider”.
So who is for I want my House?
Tony R17 18 Rosita
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Tony how you doing mate?
I think you need to get a life, im sure alot of people dont like the way you THINK AND WHAT YOU ARE DOING . If anything you could make maters worse rather than better. One thing for sure you dont represent ME AND ANY OF MY MATES THAT HAVE BROUGHT @ SADAM. everyone is in this sorry situation and you have to remeber that.
R7 470
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Hi kalghotra,
A shame you think that but then insults do not really bother me. I wish you all the best as i do all who are purchasing at SADM.
There are those of us who want our properties, if you do not that is your choice and you are free to make it. However, do not expect those who do want our properties to do nothing to get them. Do you want your property?
Have a good weekend
I want my house
Tony R17 18
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Im calm....and i was busy for a bit.
I think you have completely lost the plot with the Stalin reference, what on earth are you on about?
Thanks for cutting and pasting some sensible advice and information from others for me Tony. I read these postings earlier and thanked them for the information at the time. I had some private dealings with lifeoverseas and received some good information there.
What is different from those postings and yours is simply that there is no drum beating or posse rounding, just advice and information, on a forum, for people to digest.
On the other hand there is a newspaper article saying that:
'I have looked into the cost and time scale of regaining the deposit paid and was appalled to find that it is 10% of the deposit and could take years. If on the other hand we support the continuation of the project, even if it is delayed, we would still get our properties .
Tony, you are making unsupportable statements at a very public level. Stop it.
To the people who sent me private messages of support on my statements thanks, It will save me time repying individualy and thank you for James Parkes e mail address, much appreciated.
Brian
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Best wishes, Brian
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Hi Briando55,
I would also like to thank the people sending me private messages and joining up. to SARC. I will not continue with this excercise with you as enjoyable as it has been. And I leave you with the operative words " I looked..."
Good night to you and have a good weekend.
I want my house
Tony R17 18
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Yes you have a good week end too
and expand your operative words to 'i looked into it and found'
Thats what you said and its the hub of my objections, its also gone public and i object to that even further.
Brian
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Best wishes, Brian
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Dear one and all,
I am sorry that I have not been able to post any comments over that last week but I have been busy looking after my mother anyway thats my business.
I wish to thak all of those people taht have made constructive coomments on this subject even those whos ideas and wish do not agree with my wife and mines but I am going to state this in clear method from which there can be no renunciation.
1. if the idea of a Santa Ana Residents Co-Operative were to be formed the commitee would be elected by the residents who become part of it by
a democratic vote.
2 At no time has Tonymal put himself up as the representaive of those interested parties or as the spokesman for said parties as neither have I.
3. I do belive that we hold the power in this endevour and if we stick together along with the spanish nationals who are alos in the same position we make a
mighty force singularly we are nothing we hold no influence but as a united group we can prevail in getting our properties and the developement completed
that is what I belive most people wish in their hearts. If not why did they pay out 30% of the cost of the purchase price was it on a whim I don't realy think so. It
was because they liked the area and saw a future community that they wanted to be part of.
4 This forum is for being honest with each other and I do not belive in slagging off other people just because they don't want what we want please be respectfull
of other members and their thoughts and ideas even if you don't hold the same opinion that is what makes life intersting.
we still want our house but we also want that community R4 556
Brianmags
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tony/ barry
I salute your intentions and know you are doing this for the best outcome but am extremely concerned at what you are writing in the public papers which would "appear to represent" a large number of purchasers at Santa. I am also concerned at how the buyers have fragmented across different forums with one being perceived as legal and one under the "i want my house" banner. What happened to every pulling together and how did this forum degenerate to people calling each other? Please do not let this happen we have worked too hard to forge a good community together
You are not operating within an english context. you are operating in Spain and we as owners are already disadvantaged because of this for many reasons which I will nt go in to. By posting this letter you set a perceived low expctation from British buyers as a whole that their money should be protected and that they should have an opportunity to get it back. I think this could be very naieve and wreckless of you. Whilst you "want our hose" there are most who first an foremost want to ensure that they have an option to get their money back. The "i want my house" is not the primary concern. It is a wish after the first need is satisfied.
You have not looked into the options properly if your factual evaluation is that this will take a very long time with lawyers bleeding every penny for themselves. This is not true. there are some very talented lawyers studying case law at this very time to try and ensure that the process is very quick and that they utilise the law to ensure a quick return of peoples money. These are lawyers that care of the outcome for owners not just about taking a percentage for following a drawn out dictated procedure.
They cannot guarantee this as the administration case has not yet started. Just as you cannot assume that it will take a very long time for the same reasons
By all means write articles that you would like your house to be built still as you would wish the contract to be honoured but please do not include matters relating to the poor expectations of buyers as a whole or your perception as to the poor outcome of legal action. Especially I would be horrified if administrators read this with the varying pressures put upon them by big commercial spanish companies. It would mak my job very easy to say that owners could have 20% of deposits returned knowing that the expectation was not great anyway.
This will upset a lot of people who may perceive that this action has detrimentally affected their chances to recover funding. This is an emotive issue and to take the passion out of your sentiments would irradicate the strength of your points but you do need to try and keep those points factual and objective - as much as possible.
I hope you get your house but not at the expense of damaging othe peoples options to secure their investments.
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I think everybody needs to calm down. People seem to be turning on eachother and as Brianmags has said, we want our houses but we also want our community. If things do work themselves out, it would be horrible if there is hostility amongst the people who are living there. People have invested alot of money and time into this and the thought of it all being lost and having no control over it is heart breaking. Tonymal is just trying to fight for what he feels is right. Maybe there are people out there that don't want to be attached to anything that may have repercussions in the future, but Tonymal has not mentioned any names. Other purchasers have contacted him and expressed that they are really interested in continuing with their purchases. If you do not want your house and want your money back then it has nothing to do with you. He is speaking only on behalf of those who have had contact with him wanting their houses. Looking at it, maybe he could have let people know what he wanted to do and got feedback as to whether we thought it was the right course of action, but at the end of the day he was only doing something that he thought would help. If the banks think that everyone is just going to pull out, they may let that happen. If they know there are people willing to continue, they may get it worked out. I know San Jose have led us on alot, but they are under the courts now. Everything is now out in the open and it all has to be disclosed to us. Alot of people are groping about in the dark, and noone, not even the solicitors know what is going to happen. We all will just have to wait until the courts come back to us. In the meantime, I do not think anyone is saying that it is a bad idea to get your name down as a creditor and protecting your money.
Alt of sleep has been lost by alot of people, but at the moment it is just a waiting game and name calling is not getting anyone anywhere.
Tonymal, if you can prove all that you say that is fair enough but if you can't I think alot of us just want you to be careful, ok?!
I TOO WANT MY HOUSE
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well put!
Please dont lets fight amongst ourselves.. everyone is in the same situation. But when writing things down lets try, apart from in the proclaimation of our own personal opinions, (which everyoneis entitled to) try to remain factual and objective. As long as we stick to that principal everyone should be entitled and supported in following whatever course of action they see fit
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I think brianmags and sarah have been very good in the way they have explained intentions.
I was dissapointed yesterday to find that a newspaper has an article effectively saying it will take years to retrieve money and we will only get 10%, but if we stick at it we can get our houses.
Thats not true and not a fair representation. I was and am saying, dont say that, for the reasons Sarah is also saying.
I was thinking of starting a thread to compare lawyer experiences, make sure we are all being treated fairly, getting information back promptly, not being overcharged.............on a dedicated lawyer thread...Any good?, whats your views
Brian
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Best wishes, Brian
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How sensible! Start the thread Brian and we shall post any factual comments or suggestions too..!
Is it us or just coincidence that SJ entered voluntarily into this situation just when our properties were scheduled to be completed (our R4 491 was re/re scheduled to May 08 being in the first phase - we purchased November 05). We are certainly no legal eagles, but does this affect any Laws for those wishing to get their deposits back via the Court system? We were told quite some months ago, via our Lawyer that we could not pursue legal action with SJ for breach of contract until September 08 giving them a window of 3 months. This may well have been covered previosuly, but being rather late comers were just wondering.
sally and martin 
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Sal
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Just some intresting reading..........
San Jose Developer |
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| Written by Tina Tait |
| Friday, 30 May 2008 |
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San Jose Developer Leaves Investors up a Creek Without a Paddle
L
ast week, Costa Blanca developer giant San José Inversiones y Proyectos Urbanísticos SA filed for a court protection against its creditors. According to court records, the company is approximately 30 million euros in debt. Their developments, mostly unfinished, include El Pinet in La Marina village, Albatera Golf and Santa Ana del Monte resort in Jumilla, Murcia. Anyone who has invested in an off plan property, basically must add their name to the creditors list in order to try to retrieve their money. The company blames the current state of the economy and the fact that the banks have withdrawn their commitment to the building projects, in particular El Pinet urbanization in La Marina, for their current financial crisis. In an interview with Everyday Spain, Oscar Ricor, a lawyer based in Torrevieja who is organizing a class action suit against the developer said, "From our professional point of view, the most effective strategy to be taken would be to combine two separate kind of legal actions; firstly, to take a lawsuit against the builder and its administrators through the criminal courts for fraud and illegal misappropriation. Bear in mind that the buyers are not in the same position as an ordinary supplier who might claim compensation as a result of unpaid invoices.
"This means that the money paid to the builder has a special nature and, according to the Law, it is considered as a special kind of deposit. It means that all the deposits paid should have been suppported by 'bank guarantee' and kept in a separate deposit account. "The builder used all the money for their own personal purposes and subsequently all this money is gone...the builder has been using the external frame of a limited company in order to conceal illegal activities. This is why the criminal lawsuit should be combined with a civil court bankruptcy process, taken in Alicante. "It is highly advisable to use the legal services of a local professional solicitor such as ourselves, because at the end of the day both lawsuits are going to be dealt with at the Alicante Court ( the civil process for bankruptcy) and Orihuela or Torrevieja ( for the criminal one). "We strongly believe that with the combination of both lawsuits, the client will be able to increase the chance of a higher amount of compensation (capital + legal interests + moral damages). This is independent of the fact that this unscrupulous builder might end up in jail as a consequence of stealing all this money from innocent, elderly people, like one of our current clients for example, who put their life savings into this project and now have been obliged to survive in a caravan." Obviously there are many legal complexities to this case that have not been possible to cover in this interview. If you need help with this matter, please contact Everyday Spain.
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