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Hi Irene 1,
That was what ithought. i have heard from my agent that the solicitors are getting nervous about their invovement in all of this. Who had your 3000?
I suggest that every one hangs on to their copies of their contract so they have proof of thier payments plus their right to purchase. we only need to present our contracts to Court if we disagree with the amount listed and can prove it with original signed documentation.
All the best to you all
Tony R17 18
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Irene1 et al,
You know you are not alone here, ever get the feeling someones beginning (or continuing ) to take the ****. I would suggest that we now start to bombard the agents who passed on your €3000 for copy of the transaction of funds to SJ. Or if you paid direct to SJ, gather your bank statement or evidence of payment. This is becoming a blatent attempt to reduce their supposed dept and possibly hope that a few don't bother to ask for everything they are owed.
Its quite funny really because I remember all those green pins on the map at the showroom that turned to red to prove you've paid your initial €3000 payment. Also had you not paid this you would never have been hassled to pay up the first major deposit within 30 days.
...And we haven't even got onto the subject of legal interest that they are obliged to pay.
Keep up the good work all, whichever way you want to go, but remember, these little things that keep raising their head are telling you something.
Regards,
Steve.
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Hi Steve
We paid €3000 to Ambasun, paid 1st 50% incl IVA. Added together is our total deposit.
The figure we have been given as a creditor by Abolex plus 7% add's up to the total deposit
Irene1 thanks you for your post, because we had'ent checked the creditors amount included
the €3000.
We just hope we have done our sum correctely. We have also checked our contract to
see if the €3000 was even mentioned which it is, para 3a.
Steve how much is petrol at the moment in spain.
Kind regards
Joe & Ann
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Joe & Ann,
Good to hear yours states that your tax is included. This would suggest that when you pay the final amount your 7% tax is already covered therefore leaving the 1% for the new build. But the question still remains as to why you pay tax on a deposit.
Anyway, petrol is around €1.15 a litre
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Dear all,
I have copy and pasted the email response from Pilar at San jose as stated earlier I contacted them about my 3000 euro deposit.
I made this payment to ambasun on 21/4/06 I have an advice notice that clearly states this was paid,
I also have the origional contract which as previously mentioned has this in it at section 3.
I have emailed ambasun no reply so far.
here is script from email from Pilar
Dear Mrs Porte,
As far as we are concerned, we have received from you 45.150€ and this is what we have informed the court. You will need to instruct your legal representative to prove that you have of the 3.000€ payment that you say you have made. This has not been made to our company so please check with your agent.
Below you have the details you will need to give your legal representative.
1. HERRADA DEL TOLLO,S.L.
Se trata del Procedimiento Concursal número 275/2008 R, y se tramita en el Juzgado de lo Mercantil Nº 1 de Alicante.
regards
pilar
How on earth could we possibly want to continue with a build when we now have 3000 euro less than we origionaly paid and the only way it seems that we can resolve is to get legal representation costing us money.
Irene
_______________________
Irene
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It appears to me that the initial deposit of 3000 Euro that most of us paid to our Agents ( including myself ) has been retained by them as part of their initial commission from San Jose. Are we now on a twin track of having to prove we paid Agents 3000 Euro and of paying lawers to prove this in order to substantiate our claim as creditors in the Court at Alicante ?.
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irene - Amba Sun are a british company. if you use www.moneyclaim.gov.uk, you can sue them through small clains court. You pay 3100 and it is added to their bill. if everyone did that Amba Sun if they did not pay would have a long list of County Court Judgements against there name meaning the beloved Director would no longer be so smug.
But more importantly once the Court has declared a ccj you are legally allowed to reclaim goods to the tune of your debts. Just imagine taking his Porche off him and selling it for £3000
i use it all the time to collect debts it works
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Lets be clear here, it is not Ambasun who you need to address it is San Jose. And believe me, I'm no fan of Ambasun.
Think about it, all Ambasun have done is received 3000 less from San Jose when recieving their commision as an Agent.
It is the Failure of San Jose in their accounting process to correctly record the money as having been paid. As I've said before the evidence that you have paid the 3000 is in the process. All our solicitors need to point this out to the courts as a case of false accounting.
It also has implications for those who want to move forward with the build as you would be 3000 short come completion time.
Email or contact your solicitor if you feel this is the reason for your short fall. For those who went direct to San Jose, did you still pay the 3000 or did you pay the first downpayment?
Regards,
Steve.
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I was a direct customer
I paid 3000 and my deposit of 30%. In March 2007 I asked SJ for a statement of account and it all shows on there.
_______________________
Linda Needham
La Alberquilla
Jumilla, Murcia
R4 308 For Rental
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Martin from Abolex posted yesterday that the list will not be published. You have to speak with your solicitor who can obtain the list.
_______________________
Linda Needham
La Alberquilla
Jumilla, Murcia
R4 308 For Rental
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Regarding deposits and payments to agents, i made sure that it all went via my soliciotor and i have a robust auditable money trail. i did this incase there were any mix ups and to ensure that I could prove what i had paid.
Check if your solicitors have maintained an audit trail/record of your payments.
All the best
I want my house
Tony
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Hi Higg
San Jose's administrators havnt published the list of creditors yet.....only the sister company....next week it will be out and your solicitor can get it.
By the way.....any payments you make, you may want to consider doing what we do and using a payment agent like world first, you make payments from your account to the recipient account and the contract and the paperwork includes the contract reference numbers and details, it is acceptable as a receipt for lawyers and courts. Plus you get a better exchange rate when paying.
Brian
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Best wishes, Brian
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Hi, another exchange Company is HIFX who confirmed all payments we made by email then hard copy in readiness.. Fortunately Pilar had all our payments listed correctly.
_______________________
Sal
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Dear All
Can anyone advise me if the 30 days period has started yet ? i.e the 30 day period when it is necessary to officially register as a creditor?
Regards
Chris
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