SARCO

Sorry, MagicMeg, but we don't know this shepherd.  Only goatherds go to our local bar, and shepherds don't mix with them.  I'm not kidding either .........

Sue

Hi Sue if nothing else it is a good thing we still have a sense of humour .Not sure how well  this would translate  into Spanish for the goatherds in your local but I am sure you will give it a go MM

A shepherd was herding his flock in a remote pasture when suddenly a brand-new BMW advanced out of the dust cloud towards him. The driver, a young man in a Broni suit, Gucci shoes, Ray Ban sunglasses and YSL tie, leaned out the window and asked the shepherd, "If I tell you exactly how many sheep you have in your flock, will you give me one?"

The shepherd looked at the man, obviously a yuppie, then looked at his peacefully grazing flock and calmly answered, "Sure."

The yuppie parked his car, whipped out his notebook and connected it to a cell phone , then he surfed to a NASA page on the internet where he called up a GPS satellite navigation system, scanned the area, and then opened up a database and an Excel spreadsheet with complex formulas. He sent an email on his Blackberry and, after a few minutes, received a response. Finally, he prints out a 150-page report on his hi-tech, miniaturized printer then turns to the shepherd and says, "You have exactly 1586 sheep."

"That is correct; take one of the sheep." said the shepherd. He watches the young man select one of the animals and bundle it into his car.

Then the shepherd says: " If I can tell you exactly what your business is, will you give me back my sheep?"

"OK, why not." answered the young man.

"Clearly, you are a consultant." said the shepherd.

"That's correct," says the yuppie, "but how did you guess that?"

"No guessing required." answers the shepherd. "You turned up here although nobody called you. You want to get paid for an answer I already knew, to a question I never asked, and you don't know crap about my business. Now give me back my dog."

copy and paste below

http://www.laverdad.es/murcia/20091230/comarcas/recurren-suspension-urbanizacion-demanda-20091230.html

This will run and run

Happy New Year

Clive

Hi All,

The SARC January update report has just been sent out to the SARC membership. It will be loaded as soon as possible onto the SARC website for all to be able to read. I beleive that it will allay a lot of the undue concerns that have been caused of late and help all of us to focus on the task at hand.

Wishing you all a Happy New Year

 I WANT A POSTIVE OUTCOME FOR ALL

Tony R17 18

Tony I for one do not wish to read any more of the spin you put out on behalf of HdT/SJ and Almu .I think it is quite clear now to anyone who has a brain that SADM is well and truly finished .Goood luck Tony but  don't you think it is time to move on and stop believing Almu's lies .

Hi MM,

You do not have to read anything nor do you have to post on the SARC thread.  I repost my earlier post to ensure that it does not get lost.

Tony

Actually Tony  there are no "good" choices here for  anyone without a BG for their  property at  SADM   ( perhaps we should remind ourselves whose fault that is ?? ) ,

No less than 50% back no later than 5 years  (this could mean for some that SJ/HdT have had the use of our money for 11years )or wait  for a house (for how long 2015 that would mean some have been waiting for 11 years !!!!! ) only to  take the risk of being in the same situation as those on Playa Golf or El Pinet being held to ransom by this unscrupulous company .Seems like Hobson's choice to me and more years of misery .Perhaps (not that i ever think it will happen ) but getting a house could be the worst option here if it is SJ/HdT who are calling  the shots  !  It is time SJ /HdT and SARC woke up  .There is no good choice here for anyone except  nothing  or misery .  The only one sitting pretty is the director and his family with their laundered personal wealth . No deal   MM

• 1. Up to the 5th of February of 2010, the company (Herrada del Tollo) and/or at least 20% of the credits (*) may submit to Court a proposal of settlement with creditors, with the following limitations:
     
     • The reduction of the amounts cannot exceed 50%.

• The delays on payments to creditors cannot exceed 5 years.
• The proposal must include a plan of payments and a feasibility study to ensure that the proposal is realistic and possible.
  

1. In the event that this proposal is submitted, then all creditors may vote in favour or against the proposal on or before the 6th of May, 2010. For it to be approved, 50% of the credits will have to vote favourably (€40,3M will have to vote favourably). Exception: Only if the proposal includes reduction under 20% with immediate payment or delays of less than 3 years with no discounts, then for it to be approved only a majority of votes in favour will be necessary (this means that only half of those that vote would be enough).
2. This date (6th of May) is the limit and from then, the Court will either approve the proposal or start liquidation of the company.
   

Probably no spin involved, just facts

I think i said 18 months ago, go for a winding up order while these people have anything left.  That advice still applies

 One of the preventive, general, inalienable obligations that the Law established was for banks or savings banks,  where money was paid to by buyers, to secure the establishment of Bank Guarantees or insurance UNDER THEIR LIABILITY. Banks were therefore here  established as guardians of legality. 

There are therefore two responsibilities of Banks and Savings Banks: 

1. - Common due diligence and professional duty. 

2. - Special obligation of provision 1.2 of Law 57/68. 

Hi Maria

Very true, however the problem is getting the banks and financial institutions to obey the law and their legal obligations.

We presented all the correct documentation as requested by SGR to enable them to execute our bank guarantee that was 10 weeks ago. Yet still we cannot get an answer as to when we can expect our money back. It is just impossible to deal with these people and bloody frustrating.

Rant over, Cheers

Dave

Hi Maria

I think it is absolutely shameful the way we are being treated.  We entered into this contract in good faith.  There seems to be no time limit and more to the point no one to even advise what is happening and what comes next.  I feel that we have been locked into a battle we didnt ask for.  Spain is a mess and is so corrupt it may take a few life times to sort out.  In  the meantime we have to amble along, it is very frustrating.  Our first lawyer was corrupt too.  What I would like to ask is WHO CARES ABOUT US ?

Having a rant too.  Boy I think I have to go for a long walk today. 

Chrissie

Hi All,

Yet again we have posts that are making assumptions and negative remarks about the proposed settlement agreement. It is about time that supposition  and conjections stopped. As stated in the SARC JAn report, NO ONE knows what is in the report, the administrators & HdT are  trying to put forward the best offer possible & SARC have urged them to do so.

The comments and remarks being made are being based on the legal minimum and not the content of the document that is gongi to be presented to us . I for one am tired of a small group of people, predominantley with BG's or no longer creditors of SADM telling us that it is so much better for  us to commit financial suicide.

 I  WANT A POSTIVE OUTCOME FOR ALL

Tony R 17 18

I think what Maria is saying is that there are other options even without a BG .Perhaps if it was not for SARC a joint action could have been raised long ago !!!!!!!!!!!! but so many are hanging on to the  false hope  as presented by Tony on behalf of SJ/HdT that   they can not see the wood for the trees 

lets look at Maria's post again with an open mind

One of the preventive, general, inalienable obligations that the Law established was for banks or savings banks,  where money was paid to by buyers, to secure the establishment of Bank Guarantees or insurance UNDER THEIR LIABILITY. Banks were therefore here  established as guardians of legality. 

There are therefore two responsibilities of Banks and Savings Banks: 

1. - Common due diligence and professional duty. 

2. - Special obligation of provision 1.2 of Law 57/68. 

Tony do you now know more than  Maria on these matters ? ,Your arrogance astounds me .You deserve all you get but you should not be dragging others down with you .You are a blind fool

This message was last edited by MAGICMEG on 10/01/2010.

This message was last edited by MAGICMEG on 10/01/2010.

Hi MM,

I am amazed by your lack of clarity of thought.   Fist If the banks have any liabilty towards the debt do you think that they would wish for HdT to fold and therefore take on a debt that they would have great difficulty in. Secondly in th UK people tried taking on the banks and lost, even with the support of the Dept of fair trading.  

So I repeat that it would be better, if for once, you kept quiet until we all know what is in the offer and I repeat what I posted earlier 

I  WANT A POSITIVE OUTCOME FOR ALL

Tony R17 18

Yet again we have posts that are making assumptions and negative remarks about the proposed settlement agreement. It is about time that supposition  and conjections stopped. As stated in the SARC JAn report, NO ONE knows what is in the report, the administrators & HdT are  trying to put forward the best offer possible & SARC have urged them to do so.

Hi Tony my lack of clarity of thought has led me to take Maria's advice on the banks obligation under provision 1.2 of Law 57/68.a long time ago  regards property deposits at SADM . Thank God I did not listen to your drivel .

It is a long road but I am almost there now  I will let you know how I get on .Meantime enjoy the path you have chosen .Considering the company you keep and where your advise is coming from I did not expect you to know about or consider this as an option but it most certainly is . Enjoy  MM

Tony no one is telling you to commit financial suicide , you are doing that all by yourself !!!!!!!
 

Perhaps Maria would be good enough to explain the situation regarding those of us without bank guarantees.

I would also like to thank Maria for all the help she has given people on this forum.  Yes, there is corruption in Spain (and other countries), however there are also many helpful, honest people such as Maria who freely give us their advice.  We have had bad experiences here like so many people, but we have also made some wonderful friends and been helped by many local people, and can honestly say that the good experiences outweigh the bad.

Sue

Totally agree with you Sue . Maria is a gem

Perhaps  she would be good enough to explain once again not for me ( I got it a long time ago) ,but for those that still don't get it despite her explaining  on numerous occasions , both on EOS forums and in her blog  . Why we should not  be  accepting the crumbs off  the developers plate like Tony would have us all do when there are other options . 

I feel Tony's rude remarks may make Maria  think ,"why bother" but lets bare in mind that  Maria is not the first Lawyer that Tony has dismissed and belittled nor will she be the last  .mmmmm !!!! funny behaviour for one who claims he only wants a good outcome for all  !!!!!!!!!!!  

Maria is fighting for what she believes is  right she should be allowed to do so with out the "all knowing " Tony ridiculing her extensive legal knowledge on these matters  .Thank you Maria for all you do to help and please post any advice you can despite the rude remarks of the few .   MM

dear MM,

                Please identify where and when Tony or I made any rude remarks about Maria or any other individual  solicitor on eos. I believe that you will find that at no time have  we done this, we have actually seen your reply to Martin when we questioned his comments and then he agreed that we were in fact correct.

any way just to clear up what Maria says here is one of her comments on the subject

If the Promoter opened a special account where they deposited the amount of your purchase off plan and the Bank did not give bank guarantees or checked out that those guarantees ( also possible through Insurance contract) existed,THE BANK IS RESPONSIBLE  in accordance to provision 1.2 of said Act  for the devolution of handed amounts plus legal interests if the works are not started or completed on time.
 

from bank Gaurentee forum no Bank Guarantee=refund oct 2009
 

what if that developer did not open a special accout or deposit

Thank you Maria for the information it is usful and I will check out your past and future postings as they seem to be of a quality that is hard to find on the internet without a hell of a lot of dross comming up as well

Dear Brianmags I think  you will find I  have not  mentioned your name in any of my posts .Are you and Tony now one in the same ?

As for your last post quoting Maria it is no surprise to me  that you seem unable to  understand what she or  anyone else other than Almu is trying to say  .Indeed Brianmags I think you are the least able person to" clear up " anything that  anyone says  .  

Hi MM,

No I am not BM and if you paid attention to the reports you would see that Brian and I are 2 different people. Could you answer his question and  show where I have been rude to Maria? I believe that you can not because I have not  and you think that you can just say it and not have to prove it. You have a habit of making remarks and not being able to back them up .So put up or retrack your libelous remark.

  I WANT A POSITIVE OUTCOME FOR ALL

Tony R17 18