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Surprised you could take time off from saving the world (uou being involved in critical care), just to post such a silly posting which is of no consequence to you..
"Glad to know that you are true to form."
Ahh, so you do sometimes recognise truth?
Why do you not wait until the SARC SJ report is posted before making daft remarks?
God Tiger, how many lives could you have saved (you being involved in critical care) whilst you posted basically the same content twice?
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Hi All,
There was a meeting held with Almudena on the 8th October & there have been subsequent communications. The reports has now been completed and has gone out to our members. It will be loaded ASAP onto the SARC website for all to see as it contains important information for all purcahsers.
I WANT MY HOUSE & A POSITIVE OUTCOME FOR ALL.
Tony R17 18
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Hi All,
here is what the Costa Blacna news said
San José buyers face anxious wait
By Nuria Pérez
Jumilla town hall has issued warnings to the builders of Santa Ana del Monte resort as deadlines to construct infrastructure, expropriate land and design plots are due to expire in the coming months.
According to Fina Torres, chief of Jumilla town hall legal department, the board of compensation has not paid the 4.6 million euros for the land which has to be expropriated and they have done nothing since February, 2008.
"The building plan has been definitely approved by the authorities, the land has been turned into building land and the scheme has been temporarily stopped, not cancelled," Sra Torres added.
"Our duty is to state that several parts were due to expire and to find a solution.
"If the board of compensation is unable to manage the expropriations and we do not reach agreement with the board, we will have to find a way to manage it."
The board of compensation is managed mainly by Herrada del Tollo - a sister company of Grupo San José - and they are in voluntary suspension of payments.
Grupo San José sales manager Almudena Rodríguez told CBNews they were fighting to finance the expropriation, but it was difficult due to the voluntary suspension of payments.
this is why when asked say yes to propsal put to us otherwise nada we loose the lot please think very carefully wether you want your money or your house the only way that will happen is for the project to go ahead
regards
Brianmags
R4 556
I want my house and a positive outcome for all
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The report as usual is as clear as mud .What exactly are you asking purchasers to sign up for at the SJ/HdT hand picked legals in Spain ,UK Eire or where ever else the legals will not know the history of this shoddy mob .SJ/HdT don't usually pay for anything that does not directly benefit them .Sounds to me that you are being asked to sign a devils charter to allow them to come out of administration .If these meetings and discussions were so good why do they not say what the deal actually is .Just waffle and more waffle .Not sure if it is just the poor way the report is written but it explains sh## all . Just the way SJ/HdTand like it.
As for the admin and court stopping SJ/HdT from spending purchasers money at Delores quite blo##y right they can not be allowed to do this while neglecting their debts and obligations to purchasers and previous developments .
SARC you are being lied to again ,I don't think you understand the desperate situation SJ/HdT are in and the lengths they will go to to get out of this mess .
Also no mention of securing funding which is the only thing that will make any difference .SJ are blackmailing purchasers again Disgraceful .The sooner the plug is pulled the better !!!!!
Tony and Brian I have no axe to grind I really hope you get something back or your houses if that is still what you want. It is only fair and right that you are not ripped off by a bunch of crooks and get something out of this .However if you look at the facts. this whole thing is total madness .
This message was last edited by LOUISE CECILIA on 24/10/2009.
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Leave them sign. Encourage them to, it will just make it the more funny and entertaining. Think some call it suicide.
This is what happens when a person does not have a mind of their own and are out of their depth mentally.
I say the developers are superb, will not let anyone down and if they want extra money, give it to them.
Everyon should join SARC and let the brains represent you.
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Dear LC,
you seem to be a littel put out by the report and also the starnd that martin posted firstly the Administrators put the proposal together if you want your money the the developement has to go ahead otherwise we all loose out
the use of a notery is compulsory in spanish law if they are willing to pay for tat then ithats Ok by me as for their leagals no one should sign anything without their lawyers input thats should be taken for granted
you keep saying we are being lied to but we have repeatdley double checked everything before we publish and time after time we are proved correct so i rest this message with this if you dont have a BG then wheter you want yopu money or your property you will need the develeopement to go ahead otherwise there is nothing for us so when you recieve the proposal consider it very carefully and after checking it with my soliciter If he say its Ok I sign
regards Brianmags
R4 556
I want my House
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Of course LC would be 'put out' LC is one who likes to deal with facts and likes the truth.
What of you?
Go on, sign, please sign, can you do it today, if so do.
This message was last edited by FriendinNeed on 24/10/2009. This message was last edited by FriendinNeed on 24/10/2009.
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October 2009 Report
On the 8
th October 2009 Anthony Malpass, on behalf of the SARC membership, met withmost significant and important meeting that has been held to date. Subsequent
Jumilla Town Hall
Almudena explained that the town hall is applying pressure upon HdT to resolve the
situation with SADM as soon as possible, as the landowners, affected by the expropriation,
want to know what is going on. The town hall has a legal obligation to commence procedures
concerning the expropriation of the land and its status.
I quote Almudena :
“We understand that the Town Hall following the legal paths, must convey such notice after
so long without making the payment for expropriation, however this doesn´t mean that the
actions referred to in such document have been taken....... the Town Hall in its document
always makes reference to urbanization works and the subdividing land project and this is
something that has nothing to do with the approval of the Partial Plan. That is, the Partial
Plan of "SANTA ANA DEL MONTE - JUMILLA GOLF" _*was approved definitively*_ and
that´s something beyond question. “
The process would take several months and a Spanish Barrister was asked for an opinion.
He stated that it should not impact on the administration process and the judge can paralyze
the Town Hall, stop any action and that this is a method for the Town Hall to apply pressure
on the administrators to resolve the situation ASAP. He also stated that the document
submitted to the court in this regard, is a legal document but not an administrative
disposition.
Below are the questions followed by the reply:
My questions are: Have the administrators opposed this and has the court put this on hold?
What impact does this have on the sale of the land at Calasparra and the payment for the
final build licences? What effect does this have on the settlement offer that is being put
together to put forward to the creditors to consider?
Dear Tony;
I have checked the document from the Town hall, this document is a legal report but it is not
a administrative disposition.
I think that the Town hall is chasing the legal administrator to go ahead with the project.
I suppose that the legal administrator will present a writing to the Town hall against this
report.
Nevertheless, the last word in that case will come from the Judge.
The judge could paralyze the acts of the Town hall.
Regards
It may appear that the Town Hall is not supportive of SADM going ahead but this is not
necessarily the case. Almudena explained that
engaged in working towards getting the project back under way and wish for the
development to go ahead. However, there may be political issues that we are not
aware of and legal formalities that may be required.
HdT and the Town Hall are actively
Administrators’
It was explained how the administrators are independent of the company. The
administrators and court stopped SJ from undertaking work at Dolores, despite SJ wishing to
do so. The reason for this was that it was not considered by the administrators or court to be
in the interest of the creditors
companies with different administrators.
This is a good demonstration of the independence of the administrators from the
companies. They act to ensure the best outcome for the creditors and ensure that this
it is put forward to the creditors/purchasers.
. It is important to note that SJ and HdT are separate
Quote from HdT solicitor “...Following the phon
inform you that the settlement offer (propuesta de convenio) will have to be
supervised by the administrators in order the offer to be achievable so that the
content of the offer is down-to-
e conversation this morning, justearth as well as achievable.”
Settlement Agreement
Due to the progress being made with the refinancing, as mentioned in the previous
report, HdT/administrators are now in a position to put forward a resolution
agreement:
It was explained that over the past few weeks HdT have been putting together the resolution
offer to be put to the purchasers. It has all been quite complex. HDT together with the
administrators want to be as fair as possible to all purchasers and to give them a variety of
options in the agreement. It was explained that for those who want their money back there
would be different repayment options. For those who want their properties a choice of
incentives. This agreement would be presented to ALL of the creditors and purchasers to
give their agreement or not.
It is important to note that it is the agreement that is agreed to at this stage and not
whether you want your property or money back, nor which option you prefer. What
purchasers would be agreeing to would be that they accept the agreement.
(The opinions and expectations of the SARC membership concerning a settlement were
conveyed to Almudena by A Malpass).
Along with the agreement an accompanying letter will be sent to purchasers explaining that
they can go and formally lodge their acceptance of the agreement with a Notary. Anyone
who does not go and formally lodge their acceptance will be counted as declining the
settlement agreement. There will be no Notary cost involved for purchasers to lodge their
vote, as HdT will pay the notary fee. As a large number of purchasers are not within Spain,
Notaries will be instructed in the UK and Eire and a list of their locations will be provided.
For purchasers in other countries please contact HdT ASAP to make arrangements as
to how you can place your vote. 0034 902 209 210
To be able to lodge your vote you do not need to take the letter with you, or to have received
one. The Notaries will have a list of all
identity.
purchasers’ details and you would need proof of
It is important that those of you who are purchasing with a partner or others all lodge
your votes, as your deposit money is spread amongst you and you are all creditors.
For the agreement to be accepted there needs to be an acceptance vote of 50% or more of
the total creditors. Therefore, it is important that purchasers ensure that they lodge their vote
with the Notaries. Almudena said that if the agreement is not accepted HdT would be
liquidated and in the current economic climate that the sale of assets would be problematic
and purchasers would probably get very little back.
The resolution offer will be ready in the next few weeks. SARC will keep in contact
with HdT and upload the letter, the settlement agreement and the location of Notaries
on our website as soon as this occurs. This is to ensure that all purchasers have
access to the information and are able to lodge their vote, even if there are issues with
the postal service. Please note that any resolution offer will have been subject to the
scrutiny of the administrators and their agreement to it.
I quote Almudena:
“.. the Company hope to present the agreement proposal for clients and creditors as
soon as possible, that will allow the Company to get out of the Voluntary
Ad
ministration Proceedings and continue with this development”
The New Motorway
Anthony Malpass drove up to Jumilla to see how the new motor way is progressing and
found that a lot of work had been done. There were numerous construction workers and
vehicles working along the motorway’s path and concrete piles for an elev
been put in place near to the Pinoso turn off and the entrance to the Jumilla valley. See
photo below:
Motorway flyover works near Pinoso turn off
ated section had
Comment / Opinion
Over the last few days and indeed the proceeding months, there have been those who have
spread rumours and caused a lot of stress and concern for purchasers. It is not for us to
neither comment on nor judge their behaviour but just to point out the truth of our
circumstances and options. We now have a way out of this mess, to have a positive
outcome and be able to finally put the nightmare behind us.
SADM remains a very attractive development, situated in a beautiful valley and with the new
motorway link it will give speedier access to the coast and airports. This should not only
make it more attractive to purchasers but also have a positive impact upon property prices.
View of the valley to the North of SADM
The SARC Executive have not seen the settlement offer but know the stark reality of what
liquidation would mean for us all and believe that it is important that every purchaser does
what they can to protect their deposit and formally lodges their vote on the agreement.
Furthermore, the SARC Executive strongly urge all purchasers to carefully consider
accepting the agreement as we believe that there is no realistic alternative and they will be
formally lodging their acceptance of the settlement offer when it is made. Importantly, the
settlement will enable those who want their money back and those who want their properties
to achieve those ends. If the settlement is not accepted there is a very high probability that
all will be lost. Do not allow this to happen. We all need to get out and ensure that the offer
is accepted and SADM goes ahead!
Please do not think that by accepting the offer that you are helping HdT, who are not
blameless, you will be helping yourself and preventing others from profiting from your loss
and pain. i.e. assets sold for very little. It is now time for every one of us to be counted and to
ensure that we protect our hard earned money from those who would profit from our loss.
SARC is made up of purchasers and is totally independent of HdT. SARC only
supports the interests of its purchaser membership not that of HdT. We truly believe
that without a Bank Guarantee, if HdT went into liquidation, as purchasers, we would
lose all of the money invested. We have felt it important to keep the dialogue open
with HdT during this administration process. There has never been, nor will there ever
be, any preferential treatment given to us as members because of this, despite the
rumours saying otherwise.
ADM 21/10/2009
Almudena to discuss the position of SADM. The meeting lasted one and half hours and was
the
communications via telephone and email have taken place with her and a Spanish Solicitor/
Barrister consulted for clarification of some points.
The following information was either given or discussed:
_______________________ Paul & Debbie
Row 15 No 32
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October 2009 Report
On the 8
th October 2009 Anthony Malpass, on behalf of the SARC membership, met withmost significant and important meeting that has been held to date. Subsequent
Jumilla Town Hall
Almudena explained that the town hall is applying pressure upon HdT to resolve the
situation with SADM as soon as possible, as the landowners, affected by the expropriation,
want to know what is going on. The town hall has a legal obligation to commence procedures
concerning the expropriation of the land and its status.
I quote Almudena :
“We understand that the Town Hall following the legal paths, must convey such notice after
so long without making the payment for expropriation, however this doesn´t mean that the
actions referred to in such document have been taken....... the Town Hall in its document
always makes reference to urbanization works and the subdividing land project and this is
something that has nothing to do with the approval of the Partial Plan. That is, the Partial
Plan of "SANTA ANA DEL MONTE - JUMILLA GOLF" _*was approved definitively*_ and
that´s something beyond question. “
The process would take several months and a Spanish Barrister was asked for an opinion.
He stated that it should not impact on the administration process and the judge can paralyze
the Town Hall, stop any action and that this is a method for the Town Hall to apply pressure
on the administrators to resolve the situation ASAP. He also stated that the document
submitted to the court in this regard, is a legal document but not an administrative
disposition.
Below are the questions followed by the reply:
My questions are: Have the administrators opposed this and has the court put this on hold?
What impact does this have on the sale of the land at Calasparra and the payment for the
final build licences? What effect does this have on the settlement offer that is being put
together to put forward to the creditors to consider?
Dear Tony;
I have checked the document from the Town hall, this document is a legal report but it is not
a administrative disposition.
I think that the Town hall is chasing the legal administrator to go ahead with the project.
I suppose that the legal administrator will present a writing to the Town hall against this
report.
Nevertheless, the last word in that case will come from the Judge.
The judge could paralyze the acts of the Town hall.
Regards
It may appear that the Town Hall is not supportive of SADM going ahead but this is not
necessarily the case. Almudena explained that
engaged in working towards getting the project back under way and wish for the
development to go ahead. However, there may be political issues that we are not
aware of and legal formalities that may be required.
HdT and the Town Hall are actively
Administrators’
It was explained how the administrators are independent of the company. The
administrators and court stopped SJ from undertaking work at Dolores, despite SJ wishing to
do so. The reason for this was that it was not considered by the administrators or court to be
in the interest of the creditors
companies with different administrators.
This is a good demonstration of the independence of the administrators from the
companies. They act to ensure the best outcome for the creditors and ensure that this
it is put forward to the creditors/purchasers.
. It is important to note that SJ and HdT are separate
Quote from HdT solicitor “...Following the phon
inform you that the settlement offer (propuesta de convenio) will have to be
supervised by the administrators in order the offer to be achievable so that the
content of the offer is down-to-
e conversation this morning, justearth as well as achievable.”
Settlement Agreement
Due to the progress being made with the refinancing, as mentioned in the previous
report, HdT/administrators are now in a position to put forward a resolution
agreement:
It was explained that over the past few weeks HdT have been putting together the resolution
offer to be put to the purchasers. It has all been quite complex. HDT together with the
administrators want to be as fair as possible to all purchasers and to give them a variety of
options in the agreement. It was explained that for those who want their money back there
would be different repayment options. For those who want their properties a choice of
incentives. This agreement would be presented to ALL of the creditors and purchasers to
give their agreement or not.
It is important to note that it is the agreement that is agreed to at this stage and not
whether you want your property or money back, nor which option you prefer. What
purchasers would be agreeing to would be that they accept the agreement.
(The opinions and expectations of the SARC membership concerning a settlement were
conveyed to Almudena by A Malpass).
Along with the agreement an accompanying letter will be sent to purchasers explaining that
they can go and formally lodge their acceptance of the agreement with a Notary. Anyone
who does not go and formally lodge their acceptance will be counted as declining the
settlement agreement. There will be no Notary cost involved for purchasers to lodge their
vote, as HdT will pay the notary fee. As a large number of purchasers are not within Spain,
Notaries will be instructed in the UK and Eire and a list of their locations will be provided.
For purchasers in other countries please contact HdT ASAP to make arrangements as
to how you can place your vote. 0034 902 209 210
To be able to lodge your vote you do not need to take the letter with you, or to have received
one. The Notaries will have a list of all
identity.
purchasers’ details and you would need proof of
It is important that those of you who are purchasing with a partner or others all lodge
your votes, as your deposit money is spread amongst you and you are all creditors.
For the agreement to be accepted there needs to be an acceptance vote of 50% or more of
the total creditors. Therefore, it is important that purchasers ensure that they lodge their vote
with the Notaries. Almudena said that if the agreement is not accepted HdT would be
liquidated and in the current economic climate that the sale of assets would be problematic
and purchasers would probably get very little back.
The resolution offer will be ready in the next few weeks. SARC will keep in contact
with HdT and upload the letter, the settlement agreement and the location of Notaries
on our website as soon as this occurs. This is to ensure that all purchasers have
access to the information and are able to lodge their vote, even if there are issues with
the postal service. Please note that any resolution offer will have been subject to the
scrutiny of the administrators and their agreement to it.
I quote Almudena:
“.. the Company hope to present the agreement proposal for clients and creditors as
soon as possible, that will allow the Company to get out of the Voluntary
Ad
ministration Proceedings and continue with this development”
The New Motorway
Anthony Malpass drove up to Jumilla to see how the new motor way is progressing and
found that a lot of work had been done. There were numerous construction workers and
vehicles working along the motorway’s path and concrete piles for an elev
been put in place near to the Pinoso turn off and the entrance to the Jumilla valley. See
photo below:
Motorway flyover works near Pinoso turn off
ated section had
Comment / Opinion
Over the last few days and indeed the proceeding months, there have been those who have
spread rumours and caused a lot of stress and concern for purchasers. It is not for us to
neither comment on nor judge their behaviour but just to point out the truth of our
circumstances and options. We now have a way out of this mess, to have a positive
outcome and be able to finally put the nightmare behind us.
SADM remains a very attractive development, situated in a beautiful valley and with the new
motorway link it will give speedier access to the coast and airports. This should not only
make it more attractive to purchasers but also have a positive impact upon property prices.
View of the valley to the North of SADM
The SARC Executive have not seen the settlement offer but know the stark reality of what
liquidation would mean for us all and believe that it is important that every purchaser does
what they can to protect their deposit and formally lodges their vote on the agreement.
Furthermore, the SARC Executive strongly urge all purchasers to carefully consider
accepting the agreement as we believe that there is no realistic alternative and they will be
formally lodging their acceptance of the settlement offer when it is made. Importantly, the
settlement will enable those who want their money back and those who want their properties
to achieve those ends. If the settlement is not accepted there is a very high probability that
all will be lost. Do not allow this to happen. We all need to get out and ensure that the offer
is accepted and SADM goes ahead!
Please do not think that by accepting the offer that you are helping HdT, who are not
blameless, you will be helping yourself and preventing others from profiting from your loss
and pain. i.e. assets sold for very little. It is now time for every one of us to be counted and to
ensure that we protect our hard earned money from those who would profit from our loss.
SARC is made up of purchasers and is totally independent of HdT. SARC only
supports the interests of its purchaser membership not that of HdT. We truly believe
that without a Bank Guarantee, if HdT went into liquidation, as purchasers, we would
lose all of the money invested. We have felt it important to keep the dialogue open
with HdT during this administration process. There has never been, nor will there ever
be, any preferential treatment given to us as members because of this, despite the
rumours saying otherwise.
ADM 21/10/2009
Almudena to discuss the position of SADM. The meeting lasted one and half hours and was
the
communications via telephone and email have taken place with her and a Spanish Solicitor/
Barrister consulted for clarification of some points.
The following information was either given or discussed:
_______________________ Paul & Debbie
Row 15 No 32
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Cheers Tony just thought it was good to help, Always here always waiting for the next thread. If my situation was different the house would be a fantastic place to be !!!!!!!!!!!!!!!!!!
_______________________ Paul & Debbie
Row 15 No 32
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Seems everything must be in duplicate so:
"I would like to thank Blaggy in trying to make the report accessible to those who amy not be able to use the links to get to the SARC website"
What, the puppet, also known as the ring leader of SARC didn't have the sense or the instruction to do it himself?
Sad but expected.
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Hi Blaggy can't believe you are swallowing this sh~~~ .
To Brian and Tony ,you can not answer .What is the deal ???????
I am well aware that the use of a notary is standard practice in Spain but you and SJ/HdT are suggesting the use of a notary in the UK Eire or any where else in the world where purchasers happen to be.These notaries will have no idea of the history of theSJ/HfT situation and in fact will be paid by this SJ/HdT and there for may not give a sh~~ as to what you are actually signing . The question once again is if this deal is soooooooo good why do we still not know what it is ,even after your intensive report ?????
I am not put out by the SARC report but I am by the lack of real information it contains . I think the clarification I sought regards the posts Martin made is to the benefit of all concerned .
I fully understand your point that if the development does not go a head then no one is likely to get anything back but I still think you are placing too much trust in SJ/HdT given their past record .SJ/HdT have steered us all away from the real way forward and have used SARC to this end all along I really feel you guys are now out of your depth .Please be careful you are treading on peoples dreams .
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I have read this a few times, and am still none the wiser. I think we are not being asked what we want, but to agree to an agreement. Of what? Can someone please explain? Tony? Brian? Almudena ???
It is important to note that it is the agreement that is agreed to at this stage and not
whether you want your property or money back, nor which option you prefer. What
purchasers would be agreeing to would be that they accept the agreement
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Hi Alantracey
you have it more or less what will happen is they will put forward a plan which will layout options for the purchasers you are not agreeing to anything but their proposals and will not be giving away your rights on what you wish to do wheter that is to carry on with purchase or to down size or get your money back.
it is clearer on the website Blaggy has done his best but the eos site changes the format slightly and is therefor more difficult to read accuratley please do read the original version
just click on the link or sut and paste into web address window
www.santaanadelmonte.org/html/newsletter.html
Brianmags
R4 556
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Brian
I have read the original - it is from that that I 'cut and pasted' in my reply.
I am not prepared to agree to anything unless I am crystal clear what it is and what the consequences are. If I am not specifically agreeing to anything, then what is the point? The only think I AM prepared to sign is the receipt of my monies back, with interest (as we paid our monies in November 2005 - 4 YEARS) and all legal costs.
To me, the report reads that if I dare to want this, then it puts everyone else at risk and tries to use emotional blackmail. I wish everyone the best outcome that they want for themselves but I will not, and cannot afford to be, a martyr !
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Yes Brian and Tony as I have said many times LOUISE CECILIA is Magic Meg and JA or Julie Anne .I can not help it if EOS wish to ban any one who tells it as it is . I make no apology for this and if you had been on the forum more often then you would know exactly who I am .So lets cut to the real issues .
Alan and Tracy you are quite right in everything you say . Brianmags suggestion to look again at the report on the SARC website makes no sense at all as it reads exactly the same as the version Blaggy has posted . Just another way to confuse the real issues .The report tells us nothing at all .
I like you am confused as the report makes no sense at all and the fact that neither Tony or Brian can clarify the points raised is worrying . These guys are quite clearly out of their depth ,and can and will be held legally accountable to me and anyone else who wishes to join me in a joint action when their advice is shown to be fundamentally flawed .I am at the moment suing every other bu ##er and their dog so why not add SARC to my list .
In answer to the very rude and persistent questioning of Tony and Brian as to my personal details (against forum rules )
I do have an interest and a substantial investment in two properties on SADM unfortunately not through choice but through circumstance . I have said this many times but am saying it again to get Tony and Brian off my back and on to the real issues . Which they obviously can not answer ?
This message was last edited by LOUISE CECILIA on 24/10/2009.
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Tracey,
I know that the whole episode has been painful but we have to be realistic about how we can get out of this mess.
There will be options of repayment plans for those want money and options for those who want their property.
So it could be money back repayment as per option A, B or C and property per option A, B, or C
We do not know what they are yet and will all do so soon. However, they key point is that the administrators supervise and agree what is put forward and ensure that it is deliverable. If you decide that you do not wish to agree as I said that is your choice and right, however please think carefully though as this will be our only opportunity to get out of this mess and I truly do not think we should not miss it.
Wishing you all the best
Reply to ( JA, MM ,etc)
We are not asking for your personal details. We are not after a date! All we ask is that if you want to try to influence purchasers that you demonstrate that you are one yourself by stating your plot number. If you can not do this we must assume you are not a purchasers and have a hidden agenda, especially as you only make negative posts. I remember how you have said in the past that you have a BG & lots of other contradictory comments)
.Tony R17 18
Report link www.santaanadelmonte.org/html/newsletter.html
This message was last edited by TonyMal on 24/10/2009.
This message was last edited by TonyMal on 24/10/2009. This message was last edited by TonyMal on 24/10/2009.
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