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It is from the report but it does not say anymore or give an explanation . The admin are working for the good of the company no one else therefore are unlikely to expand on this point and it seems to me that thay tried to brush over this issue .Perhaps the judge will ask them to expand.Although I understand the fines companies recieve for not giving BGs or for giving useless ones are very small.Which seems to be why there are so many abuses regarding BGs .
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Nothing surprises me anymore
but I am willing to accept that sometimes (although not very often ) I can be wrong !
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Hi Magicmeg.
You can google bank guarantees on the internet which explains that they are legal documents. If one is given and is[ not useless] by that i mean it has been correctly signed by the bank with the purchasers name and the amount of the deposit etc., then as my lawyer said after looking at mine: This is a cheque or bankers draft, it MUST be paid.
The administrators can give you bull s..t, and the banks can stall, but at the end of the day when the judge looks at your case and out of date contract and cancels it, the bank WILL be forced to pay. There have been people on this forum that have had their bank guarantees paid out and i am sure many more that dont come on this site or belong to another one.
As my lawyer said they have broken their contract to complete your property at the given date and the fact that they are in administration is even better, [a bank guarantee covers you for both of those eventualities] but as she said to me a few days ago, the spanish legal system is very slow and at the moment clogged up, so she told me i would have to be patient but that i will get paid out, as one of her other clients did that bought at SADM, which is one of the reasons why i changed from my previous useless lawyer [who may have been o.k. but knew little about bank guarantees] to her.
When it is our turn for the judge to look at our out of date contract and bank guarantee, hopefully we will be more that halfway their and when that happens this forum will be the first to know about it.
I still have every confidence in our bank guarantee and our lawyer, until events prove otherwise and i hope others with one will feel the same, in spite of whatever the administrators MAY or MAYNOT have said. Things sometimes can be said or read out of context, so it is not something that particularly bothers me.
Bob.
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Now Retired and have our money back in FULL via our bank guarantee. Bob and Pauline.
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Yes Bob, your right of course.
Unless its a forgery its got to do what it says on the tin.otherwise the whole legal system is up the spout.
I will go a bit further as well...........the contracts having expired, and the company not being able to issue new ones........these are resolved, they can't be anything else.
AND...........going a bit further than even that.........the contracts expired, for second time.........these were never ever going to be delivered on...............they were issued under false pretences because the builder knowingly was not able to deliver on that time scale, on either occasion.
So the court must find those ones..resolved and falsely issued...................in short there is no alternative for the courts but to make the company bust, and the contracts resolved and creditors being against the mass..............all we have to do is get these cheating, lying conning builders out of the concurso.
Simple....lol
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Best wishes, Brian
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If it is a proper legitamite bank guarantee, the bank must pay out in the end. It should not be allowed to happen but the banks are stalling for time and hoping many will be put off by their tactics, many are put off going the expensive court route so it pays in the end for banks to do this but they should be severely punished for doing so.
I will know in March if my bank guarantee is a "bank guarantee" and if it is good news i will be so tempted to get my money back and when i do i will let you all know. If you have a proper bank guarantee then it is the bank's job to look after your money and it does not matter if SJ have none!
FAR
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There are lots people on the general forum on various threads including the BG thread who are not as confident .Ruth the lady who is organising the BG abuses petition to the Bank of Spain has been trying to claim on hers for years . All the people on her petition are having trouble claiming using BGs . I suppose time will tell .Lets hope that in this case they are inforced by the court. and banks agree to pay with no arguments or appeals .
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Nothing surprises me anymore
but I am willing to accept that sometimes (although not very often ) I can be wrong !
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Hi Magicmeg.
There are people that have got their money back from their bank guarantees and very many like myself whose lawyer has claimed through the court to have their clients out of date contract cancelled so that they can claim the money back from the bank, and are currently waiting for the courts response. It has been many months in a lot of cases because of the work load at the courts. If Ruth though has been trying to claim on hers for YEARS, without success, then i would respectfully suggest to her that she changes her lawyer.
Bob.
This message was last edited by HAWKINGS111 on 2/7/2009.
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Now Retired and have our money back in FULL via our bank guarantee. Bob and Pauline.
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Thanks Richard, that makes sense because if a house has been built on time [even though illegally] and if the developer did not go bankrupt, then of course you cannot claim on your bank guarantee. It really only covers late delivery or bankruptcy.
If a bank guarantee has not been executed in years then i fear that it will never be executed.
Bob.
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Now Retired and have our money back in FULL via our bank guarantee. Bob and Pauline.
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Hi All,
i would like to thank Hawkins 111 for finally coming out and clarifying what some of those with BGs who post on this site are up to. I have copied this following line from his posting below:
"if the developer did not go bankrupt, then of course you cannot claim on your bank guarantee. It really only covers late delivery or bankruptcy"
So it is now clear that their are those who post on here who are trying to prevent SADM going ahead just so that they can action their BG.( this does not mean all purchasers with Bgs) They do not care about the rest of the purcashers who make up the vast majority of purcahsers (around 90%). They do not want us to be able to have our properties, they would prefer for us to be stuck in a lengthy depressing legal process of waiting for assets to be sold and then prpbably in several years get very little!
I am gratefull that they have made this very clear and I urge every single purchaser to prevent them from screwing us all just so they can get their BGs actioned.
Yes there are some of you without BG's who want your money back but I beleive that you have a better probabilty of gettting your money and quicker if SADM goes ahead.
I WANT MY HOUSE AND A POSITIVE OUTCOME FOR ALL
Tony R17 18
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HI Tony
That was a pretty interesting post you just made. The trouble is you just home in on the stuff you can use to justify your own selfish attitudes.
Bob pointed out the bit about late delivery...............if this builder was any later on the delivery of their products, we would be buying the places on behalf of our grandchildren.
They are hiding in a little cowardly concurso, supported by your organisation for no other reason than you want everyone else to suffer, including any new people out there who get caught up in the next round of cons, just so you can keep your narrow hope of getting a property alive.
It dosnt wash anymore Tony...........the little bits you pick up on that may suit your jackanory story......are mis-leading at best and downright deceipt in my own opinion.
Reminder of facts..........this builder has failed to deliver........they are hiding from the real world.....they owe money to good people.......they cant get finance..........they have broken laws and regulations............
There is no justification anymore in keeping them away from their responsibilities..........People with bank guarantees have rights, people without bank guarantees have the law to look to for recourse.............
The builder has only the option of deceipt and hiding away from the real world, and you support it Tony......no matter how you tinsel wrap it
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Best wishes, Brian
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Maestro, you are ready to quote "if the developer did not go bankrupt, then of course you cannot claim on your bank guarantee. It really only covers late delivery or bankruptcy" So are you now claiming that those who have had their BGs honoured and are sitting smiling with the cash in their bank are lying?
As normal, you are ready to quote someone (or mis quote), purely because you are unaware of fact.
" I am gratefull that they have made this very clear and I urge every single purchaser to prevent them from screwing us all" Sorry, I am particular and have standards.
"Yes there are some of you without BG's who want your money back but I beleive that you have a better probabilty of gettting your money and quicker if SADM goes ahead." This has to be the biggest laugh in recent postings.
Please tell me you don't believe what you write. Nobody caan believe that fiction is fact.
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Tony your comments and lack of fact ,truth and knowledge is truly astounding .You do no one any good at all and should give up and shut up .
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Nothing surprises me anymore
but I am willing to accept that sometimes (although not very often ) I can be wrong !
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If ten people SEE a Rabbit and CALL it a Rabbit. There is always one that will call it a HARE !!! and never budge whatever is said even if DARWIN himself confirmed it WAS a RABBIT he would not believe it and go his own direction. Let that man go and dont follow him.
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Sal
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Hi All,
I am not surprised by the crass remarks from the little group who have been trying to ensure that SADM does not go ahead and I am appalled by the arrogance of Briando and his failure to realise that Spain have a differenr legal system to the UK.
I quote from Briando's posting :
"People with bank guarantees have rights, people without bank guarantees have the law to look to for recourse............."
Yes but they do not have the right to try to stop SADM going ahead purely to action their BG . He pretends that he has peoples intersts at heart but his posting clearly shows that he does not. So he thinks it is OK that a liitle group of purchasers with BGs & that does not include all, just the nasty little group who we can all spot, to try to force HdT into liquidation to get their BGs actioned. He then thinks it is OK that the vast majority of purchasers are left TO PAY SOLICITORS to try to get some thing back. Oh and how long would that take and what is the probabilty that they will get much of their money back? I am surprised that he suddenly has such a high regard for the Spanish legal system.
They really have shown their colours . They know there is no money there and none of them have ever said where from and how much or how long in regards to getting the money back. They make emotive rants aimed at blinding people to the reality and trying to get them to pursue a course of action that in reality only really benifts the nasty little group.
By the way I have concluded that Magicmeg sounds very much like JA.
I do not mind and wish good luck to those with BGs who are trying to action them correctly and are not trying to do so by screwing the rest of the purchasers.
I WANT MY HOUSE AND A POSITIVE OUTCOME FOR ALL
Tony R17 18
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Precisely.FIN.
I only buy cheapies from Matalan but even my eyes are shielded enough these days.
Tony, I am sure you are a good man. Youve been hurt too but please widen your horizens now and stop supporting this outfit of cowboys especially in public. Its degrading.
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Sal
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Maestro, you are ready to quote "if the developer did not go bankrupt, then of course you cannot claim on your bank guarantee. It really only covers late delivery or bankruptcy" So are you now claiming that those who have had their BGs honoured and are sitting smiling with the cash in their bank are lying?
As normal, you are ready to quote someone (or mis quote), purely because you are unaware of fact.
" I am gratefull that they have made this very clear and I urge every single purchaser to prevent them from screwing us all" Sorry, I am particular and have standards.
"Yes there are some of you without BG's who want your money back but I beleive that you have a better probabilty of gettting your money and quicker if SADM goes ahead." This has to be the biggest laugh in recent postings.
Please tell me you don't believe what you write. Nobody caan believe that fiction is fact.
By the way I have concluded that Magicmeg sounds very much like JA.
Another of Tiger's earth shattering revelations?
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Wow
Is it really true that magic meg is JA.............is that really true......well spotted Tony, good lord
Now then.............you will be telling me next that old twigitt was a housing salesman supporting SARC.
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Best wishes, Brian
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He's quick, he's sharp, he's well informed, he's an expert on corporate funding, he's and expert on corporate re-financing, he's and expert on property development.
He is just..............what sales people consider a dream.
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