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Hullo Friend indeedee (not is real name)
Well thats rocket science yer really do ave idden talent. A think ole indeedee shud be chancellor of ta exchecker an then he.............
twigit
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I thought you might try and bury this one form Tony so I have pulled it up
Brianmags
Dear All,
I have received communications from my legal representative and have been given advice, which includes that the status of ordinary creditor is not legally contestable. See the following: “.......you can check that your credit has been considered ordinary credit and determined to the purchase contract. We have ten days to appeal the credit, however there is no arguments to do it.”
Further to this I have been informed: “....Now the "Common phase" is over and the "Agreement phase" starts.
During the next month, the Judge will summon the creditors' meeting, fixing day and hour for the meeting. At the above mentioned meeting there will be present the Judge, the Legal Administrators, the representatives of the company and the representatives of the creditors. In this meeting the Judge will try to find solutions of viability of the company.”
Also from the scanned letter that has been posted on the SARC website it can be seen that even those with bank guarantees may not be able to get their money back, so the question now is what do we do? I maintain that despite the emotional turmoil and upset that the whole process has caused that we most definitely do not want HdT to go into liquidation, for that would most likely result in those of us without BG’s losing our money. It is better that we stand by our properties and demand that they are built, that the banks provide the support and finance for SADM and thus enable us to get our properties and them to make a profit and not make a loss on paying out BG’s.
So it is now time to fight for your property, be calm and do not panic. We have money to spend and there are people out there who would like to get their hands on it, so let’s spend it wisely on a tangible asset rather than a gamble on a legal process in an unfamiliar legal system.
I stand by my property and I ask for you all to do the same. Let us all make them hear:
I WANT MY HOUSE AND I WANT MY FELLOW PURCHASERS AND NIEGHBOURS TO BE TO HAVE THEIR HOUSES TOO!
All the best
Tony R17 18
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Brian
Not wanting to bury the last post i will start by saying to anyone reading this, read the one before it as well, for balance.
Its the way i read your post and the way i think that has some differences. First point is the administration is coming to a close, the protection from creditors will therefore be over. The judge, you say will try to find solutions. I say its not the judges job or remit to do that. The judge will weigh up the evidence from the administration and base a judgement on whether the company is viable or not. If not, which is probably the case, it is open to being wound up by the creditors, the taxman, the banks, the IVA (government) and even owd twyitt imself
If you look back at the postings from the start of the concurso i did forewarn, like one of the 4 horsemen, that the protection of the concurso is temporary and the real bloodbath will start afterwards. Get ready for it to become interesting. Also Brian your postings say the barrister has stated you can not change your legal status and the company has no money............Thats quite a barrister you have there old son, very opinionated. Barristers have the job to formulate arguments and then take them to court.
You simply dont get a barrister who says there is no argument............its a contradiction in terms, they form arguments and do it from all sorts of areas...........for instance the newspaper cutting you scanned could form part of an argument.........i think someone is pulling my plonker when they say a barrister has said that.
Then the scanned letter in the newspaper. This says to me the Spanish housing purchase system is corrupt. But there are great differences between your situation and the one in the newspaper, didnt you spot them? The house is being built illegaly?
If i worked for the bank with the bank guarantees i wouldnt be stumping up money to prop up a builder who is working illegaly, would you?..........look at the terms and conditions of the BG and the answer will lie in that for that scanned letter. Its not a good example for the SADM development, maybe you asked your same barrister about that too? Maybe he didnt find an argument!!!
I saw the reply from Tony about the El pinet reference in the SARC report. Here is my thought on that one. That information was only put on there to give some weight to money becoming available at SADM. It was of course mis-leading information at best, because that money is not part of the SADM administration.........................If you had any intention of being accurate in your reports you would state that and not make an open reference to something from a different administration in context of SADM information. I dont need a barrister to drive a bus through the SARC mis-information, SARC needs maybe to dump the barrister and employ a collective solicitor who knows whats going on, instead of trying to make out its better to go without one.
Brian
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Best wishes, Brian
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DO YOU ALL REALLY BELIVE THAT SAN JOSE HAS NOT ANY MONEY LEFT?
DO YOU REALLY THINK THAT THEY HAD NOT CRISTHMAS PRESENTS?
DO YOU REALLY THINK THEY ARE SAVING MONEY IN FOOD FOR THEMSELVES?
CAME ON!
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Hi All,
Despite the "packing" or nasty aggresive posts it does not alter the fact that the only way to protect our selves and get a positive outcome is to have our properties built. Even the rights group who I believe are based in Marbella have adviced purchases to go for their properties if they do not have a BG. So why do we still have this tiny group still trying to stop anything that they do not like being posted and giving us nothing of substance?
It is time that we began to take this forum back from them and make this a useful forum where purchasers can communicate, even if they have different opinions.
I believe that the only way forward is to get SADM built and I would be very surprised if the Spanish purchasers ( who make up about 45% of the SADM purchasers) will throw their money away rather than sticking with their purchase.
I WANT MY HOUSE
Tony R17 18
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Yes there have been too many lies ,untruths and time wasted .I have protected myself regardless of what some crazy people in SARC said .They will see the damage they have done in time .They should have put the same energy into chasing SJ instead of protecting them and going along with their plan perhaps then they would not have had time to juggle things around ,hide and move assets etc .SARC played right into SJ's hands and will pay the price in the end .
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Thanks for that post DYK, that is what my Lawyer is also saying. Tony, it is not that we WOULDNT want SADM to go ahead, but believe absolutely nothing will prevent HdT folding soon given the predicament they are in. Not one thing they have told you has happened in 8 months so far and some of it you have quietly withdrawn in postings. Seriously, and I mean this sincerely, do you really think that by writing and petitioning Banks etc they will stump of thousands of Euros just for what 50 or so interested parties who happen to have voiced this opinion? This isnt sarcasm I promise you that, just blessed realism. Many of us have moved on a great deal in the past 8 months to the extent of having actually MADE calculated decisions NOT to persue anything at all with this Company in the future. Some would rather take their chance in Court and that is a totally individual personal choice. You categorically not in a position to advice, tell, sell absolutely anything to those who have made that choice. and, given the history and lies they have told, could not expect people to take anything Alumu or any of the family who are having a perfectly nice life on our Deposits. The majority want their money back and are paying Lawyers/Barristers for individual advice or persuing other alternative options. No one else has stood still and I can only hope for you and anyone else who has backed this notion of SADM continuing in the near future, that they have actually followed good sound advice from paid Legal Advisers in a far better position than having the occasion chat or meeting which is of absolutely no significance to the majority or purchasers. The members of this Forum who question items in all the SARc reports (including me), do so because there is no evidence to back up what they say. Only you I think actually belive them?
I have been harsh lately, but I really think its time to stop trying to sell a dead duck, admit it and start fighting for the alternative routes. The dream of SADM is gone Tony for a long time (not never). And yes there are some alternatives to at least attempt.
I hope you get a house oneday Tony none of us deserve the mess they have put us in. Credit Crunch or not, they have acted illegally to each and every Purchaser. The credit crunch has merely caught them out and exposed them and I for one will not use this as an excuse for their business accumen.
Sal
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Sal
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Keep moving and do not let them breath, they will plan something different, as they are doing now!
They are not doing any work, actually, are the administrators working, do you know why?; well easy!!!! they will get commission of all they can manage.
Otherwise, would you think the will take that piece of s.... it stinks everywhere
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Hello DYK
Welcome to this forum. I hope that you don't mind me asking - are you a buyer at SADM and, if not, what is your interest in the development? You have only just started posting here, whereas many people have been posting for a long while - even since the time when we all believed that we were getting our houses! I am particularly interested in knowing why you think there is still money in the company (Herrada del Tollo that is, because that is the company that went into administration regarding SADM, not San Jose).
Best wishes.
Sue
_______________________
Sue Walker
Author of "Retiring the Ole Way", now available on Amazon
See my blog about our life in Spain: www.spainuncovered.com
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I have not posted on this forum for many months due to the nasty attacks, but have kept up with reading the posts. I feel now though that I must voice my opinion (and it is just my opinion)
I wanted my house! that's why I put a huge deposit on one back in November 05. That's why we spent months deciding on tiles and extra's and years looking forward to our dream home. This was not merely a financial investment but an emotional one
Then came May 08 when HdT went into administration. It hurt like hell! We panicked and we wept over our lost dream. AND THEN WE GOT REAL. We changed Solicitors and we began to fight. Not for our dream, but for our money. Your dreams are not a legal argument. You cannot demand that banks will finance this project because you want them to - there has to be a practical / legal / financial argument. You cannot fight this with your heart - you have to fight this with your head..
Our solicitor had initially told us that there was money in the client account - but when he asked for proof it was not forthcoming. The FACT that there is no money in this account is not (IMO) a reason to carry on giving them more money, it is the very reason why they cannot be trusted to be given more. If anyone was interested in buying SADM they would have done it months ago. Bigger and better builders/ developers have gone to the wall since May - many who had paying customers lined up. People need to realise that just because they want something to happen, sadly doesn't make it so.
I will not give HdT another penny of my hard earned cash and I will go down fighting. My Barrister IS fighting for priviledged creditor status - FACT. If HdT go into liquidation, I will fight for my money back and if there is no money in the account then I want to know where it went. If this cannot be explained, then that is illegal and I will expect criminal proceedings to ensue.
Those that choose a different route - I really and sincerly wish you good luck. None of us deserve the situation we find ourselves in, and we are all trying to do the best we can for our own situation. But I will not be preached to that I should not fight for what is mine, and I will not be told that I am being selfish or putting others at risk by taking on this fight. I am not putting myself forward as a leader of a group and asking others to follow. I am just me - doing the best that I can in this dire situation.
End of Rant
Tracey
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Hello Sue, how do you think that you know about San Jose?
Do you know how many properties they own, how much money they have split during many years with his partners, do you know how much money you an all of us provide him to use our money to his own investments instead building our houses legally, starting from there, possibly you and many people will understand much more.
Best wishes to
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Alan and Tracy Thank you for your Rant may I say it was one of the most sensible honest ,wonderful heart felt rants I have read on here for a very long time .It was a pleasure to read .Please feel free to rant some more . Regards JA
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Hullo ta all of yer,
Am wunderin if owld DKY went ta same skool as ole Indeedee?? (stop laffin Bob) An Julie, (not er real name) well yer wud agree wi ranting as that wot yer do most of ta time..... sheesh kabab!!
Sa, l a understand wot yer sayin but brass spent on legal bod’s is a waste a money as builder as none ta give yer back same goes fer you Tracey keep yer cash in yer pocket!
Reet am jest off ter Pedro’s, its not quite as cowld, as of late, but still cowld enouf fer me ta keep me long ..............
twigit
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Hi Tracey
Thank you for your very honest post, which I guess many people will identify with. I wouldn't call it a rant - you are just sharing your feelings with us and even those who don't agree with you cannot argue with your sincerity. We had a dream too, and when we signed a rental contract in April and decided to move to Jumilla, we naively believed we would be living in our new house by now! We are now trying to make the best out of a bad situation and we should have our own home here in Jumilla by the end of March even if it isn't the one we originally hoped for. Good luck with your fight and please let us know the outcome!
DYK
My understanding is that San Jose set up Herrada del Tollo as a separate company, specifically to build Residencial Santa Ana del Monte, and if HdT go bankrupt San Jose group will be able to continue regardless. I'm not saying that San Jose group don't have money, as clearly they do, only that HdT had financial problems, which is why they went into voluntay liquidation. Are you buying through HdT or San Jose Inversiones?
Sue
_______________________
Sue Walker
Author of "Retiring the Ole Way", now available on Amazon
See my blog about our life in Spain: www.spainuncovered.com
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Alan Tracey.................that is absolutely on the money, you have the same views as me.
DYK......exactly the reason we should make them bust or face up to responsibilities. You dont assume a company has run out of brass just because they say so..................
Twigitt..............stop at pedros as long as you like old geezer..........take Tony with you and talk about how you can build us all a housing estate.
Did Tony say we were a minority?.........only one i can see sharing his views at the moment is the twigitt guy........and JA thinks its Tony anyway?????
_______________________
Best wishes, Brian
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