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My solicitor twice applied in writing to the council about the position of the pool complex.
The first reply said the documentation was incorrect.
The second reply talked about the small pool by the flats.
So good luck Tina I just gave up after 2 attempts. We need something in writing which they seem very reluctant to do.
laserman
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I have to say that from being initially reassured that Taray would build the pool etc, as and when they said, we are also starting to feel a growing sense of unease about all of this.
When we visited the Taray offices last August, we were provided with a letter which seemed to state that the pool complex would be built as planned starting in January 09, once the required licenses were in place. If these licenses were in fact not forthcoming, then Taray promised to build a pool for the use of phase 1 buyers on the site of the sales office.
It now seems that neither is going to happen as promised, or if it does it may be in May rather than January, or as Tina says perhaps September, next January, etc etc.
Hopefully this is just another 'misunderstanding' in this long running affair, but if not, and it turns out that Taray or whoever have just been stringing us along, then we would be prepared to consider joining in with a group legal action to either force Taray to deliver what has been promised, or provide a substantial refund to phase 1 buyers.
We do not think that Taray should ever have been allowed to start work on phase 2 until phase 1 was completed. They would then have been forced to provide what was originally promised before taking any more deposits from people. All you guys on phase 2 etc would be well advised to make sure that you get exactly what you pay for before handing your money over.
The (irritable) Wrights
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For those who are fed up with Tarays mistreatment but are confused about what to do in Spain.
First you can fill out a form Hoja de Reclamacion, complaint form. Taray by law must hold them . If Taray refuse to give you one you can go back with the first policeman where they will be forced to give one or they can be fined heavily. If you do not want to face Taray they also hold them at the town hall. This sheet also comes with a brief english translation. The sheet comes in 3 copies, you keep one copy, Taray keep the other and the 3rd to be presented to the OMIC office. This office is Oficina Municipal de Informacion al Consumidor. i think this office is the town hall itself. This is the recommended starting point for any type of complaint. For those serious about this get in touch privately and I will confirm exactly where the OMIC office is asap but first get the form..... if your serious do it this week.
second you can complain to the Town Hall, they have offices where you can make a reclamacion in writing about the leisure facilities. The Law of Local Administrations requires the town hall accept your complaint and register it. You can take your complaint to the town hall where they will give you a receipt to prove you took it. They should respond fairly quickly. Research shows many complaints logged this way get results. if you can not write spanish just type your letter into a google translation site and translate. If you are really stuck can you msge me privately and I will forward you an example letter. Please only do this if you are serious about making the complaint. If you live in the UK and want to do this just send it by post, PM me if you want the address, will get it this week.
Thirdly the Ombudsman. If your complaint to the town hall fails you may have recourse to the defensor del Pueblo, the regional or national Ombudsman. this however is a last resort.
The above as far as i am aware is all free of charge. the best way for those fed up to try and move forward on this without paying solicitors. If you are fed up dont leave it to others to do for you, the more complaints going in the weight it will all hold.
If they really are going to start in May then wonderful and I hope so much this is the case but i for one am not willing to sit back another 4 months only to be told in may that there is yet another problem. By May have yourself in a strong position JUST INCASE!!!!
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Hi Tina
Thank you for all the information you have posted today. We are over at the end of the week so I will pm you for more info.
As everyone who knows us knows we have always been very pro Taray, but I think enough is enough now ! (Sorry Donna, I do normally only whinge about Ryanair, honestly !!!).
On Manzanas 3 & 4 we are in the process of setting up committees & paying monthly community charges from the beginning of March. There are several issues here.
1. The site is not complete (Is this why we are having to set up seperate communities by manzana ? When we bought we were told there would be a community for the whole site as at other Taray developments. Due to the delays etc & not enough people completing is this why they are trying to do it phase by phase so that Taray do not have to continue paying for gardening, water in the communal areas etc etc?)
2. How can they expect us to start paying community charges when the concept we were all sold, not only by the salesperson at the time, but also on a DVD & brochure that we were all given to take away has not been completed? (We were told when we purchased in May 2006 that the pool area / tennis courts etc would be complete by August / September 2008 AT LATEST)
3. With no pool & sports facilities this limits our resale market which in turn equates to property values being lower as people have suggested previously.
4.We also had a copy of the letter which The Wrights refer to. Following the pool meeting & this letter it was promised that if the licences were not in place (but was this now just a delaying tactic?) that they would build the pool on the land where the site office is. We understood that the building work should have started by January at latest & would be ready around Easter time. If they are now talking about starting in May& taking 4 months this means another Summer has been lost & as Tina says is there any guarantee that it won't be delayed fiurther then ?)
We have emailed Helder a couple of times this week, but have had no replies.
We will be visiting Taray whilst we are over to discuss the communities etc further & obviously the pool etc.
It would be great to hear from anyone else especially on Manzana 3 either on this site or by pm with their thoughts.
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the following is a basic example of what you could write on the form Hoja de Reclamacion in the details of complaint section. Included in this you will need a photocopy of the advertised leisure area, a photocopy of any letters taray wrote regarding the pool and leisure area, basically anything you have regarding the pool, photocopy it and include it with the form. Obviously a native spanish person could write this better and more detailed so if you get a better version and you dont mind sharing, please post. It may be you can write it all in english as the forms do come with an english translation designed to deal with foreigners. We will find out either way. If we can write it all in english then way hay... go for it. You need passport number etc etc also.
He comprado una propiedad con Hacienda Taray, San Cayetano. No han entregado como se prometió una piscina y zona de ocio. Esta zona de ocio fue muy anunciado en todos los folletos tarays y formó parte del contrato. La piscina debería haberse completado a más tardar de septiembre de 2008 (or whichever date you were told the pool would be completed, change as necessary). Taray no han iniciado la construcción de la piscina y no se comunican con nosotros en cuanto al momento en que se iniciará. No creo que entregará la piscina como se prometió y la publicidad. Quiero una investigación sobre este asunto. Gracias.
Thank you for the PMs, we will meet as planned and try and get some real answers! This could be a frustrating journey but it will be easier doing it together. We must all have our characters to play, Pete you can be The BAD from The good the bad and the ugly.
Davidg, please bring with you anything you have regarding this so that if you decide to get the complaints sheet you can complete it all whilst here!! I never got a copy of the letter you refer to.
_______________________
www.galgosdelsol.es
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Since I discovered Taray were selling properties without the full licence to built them, I have been very critical of Taray's operation. There have been many words and phrases to describe the lack of licences for many parts of San Cayetano and I am unable to trust any thing Taray say in print or verbally.
Phase 2 was sold with sports complex, club house etc etc so Tina's excellent idea of a formal official complaint should be taken up by everyone on both phases. I was told all the facilities would be open by the time my property was ready in March 2009. Once the complaint is made what power does the decision making body have if they believe Taray is in the wrong?
Is it possible for those living in SC to obtain and distribute the complaint form to have a big an impact as possible?
Taray have been using every excuse they can think off to delay building the leisure facilities. How long till they use the British excuse "due to the credit crunch". I have a sneaky feeling Taray will be tightening their belt as the housing market slump bites very hard and will only spend cash on neccesities. As parts of phase 2 are completed this summer, those buyers must be telling Taray NOW that they will not complete until the facilities are built. Complaints and non completion may force Taray to start work.
The Wrights have got it right(!) by saying no money should be handed to Taray until the facilities are completed.
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I have arranged through Helder for a taray representative to accompany Jaime and myself and a few others to the council meeting. With this in mind we have held off going forward with the Hoja de reclamicion until we see what taray and the council have to say whilst faced with each other. Surley the truth must come out now. Helder thank you for sorting that out for me you have been a real help..
Davidg and The wrights I will pm privately the outcome of the meeting. Dont want to put it on the open forum.... will explain!
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www.galgosdelsol.es
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Tina (and others) hello!
Firstly, I'd like to say that you're a real trooper, Tina. Thank you for all you do to try and help us all.
On this particular point, it's quite frustrating having only just completed on our Quad (and not being able to come over until probably March) and reading all the latest posts on this. I'm sure I'm not the only one who feels more of a mushroom than you do! . Tina, I know you said you would only PM the outcome of the meeting to selected few but could others interested in finding out get the info. somehow?
I'm sure that some who read this forum will have never posted before so won't be able to send a PM. I, myself have less than 10 posts. Any thoughts, anyone?
_______________________ Pumpkin
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Hi Cbrammeld
We have bought on Phase 2, never were we told at any point that there would be a sports complex on phase 2, we were told a communal pool only.
When we showed an interest in phase 1 we were told that there would be a sports complex on that phase with all the things on it that you are all rightly fighting for.
_______________________ Kevin & Beverley
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Hi Criket Fan,
I meant the amenities of phase 1 were used as a selling point for phase 2 as they can be used by all the residents, not just phase1.
Therefore phase 1 and phase 2 owners should be supporting Tina et al in fighting for the pool and leisure facilities. Those on phase2 are lucky that the pool and green areas are part of the completion contract. ie no pool/green area no completion. However it is still unclear if the gated area will be secure on completion.There are many other grey areas not mentioned in phase 2 contracts though.
As Taray have confirmed they are about 9 months behind on original completion dates for the quads on phase 2(mine is 28 February 2009), we have plenty of time to watch and see what happens on how Taray handle this situation. This will gives us a good idea of how they will handle any problems on phase2. I do hope the owners of phase2 do not stick their heads in the sand because they think it is not their problem.
As I have said previously, Taray have built excellent properties and ideal surroundings in an excellent location, why are they letting a few buildings tarnish their reputation?
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We are very confused about when this pool & facilities are going to be built. It sounds like we are being given the runaround by Taray. The last we heard it would be started in January at latest & would take 3 or 4 months so would be ready for us to use around Easter or just after. We would be happy if it was ready for our grandchildren to use in the school holidays. davidg we haven't had any information yet about committees & community charges, but think you are right in saying we shouldn't be paying any money out until everything is complete. We would be happy to join any action group formed, but Tina we still live in the UK & our time out in Spain is limited until we retire so does this limit what we can do?
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We're in the same position as mrsbrambles - due to family commitments will only be able to spend limited and at the moment, infrequent time in Spain - but that said we need to support each other as much as we can. I'm happy to do whatever I can from the UK, as I'm sure are others - after all, it's in all our interest to push for what we were 'promised'
_______________________ Pumpkin
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Hi
To reply to some previous threads, I am not in charge of any action group. There has been alot of talk on site that people are not happy with taray because of the pool situation and i tried to get those people together so that we could start a complaints procedure to get the matter looked into.
A few people turned up but others either by email or mouth made it clear they dont want to get involved but want to be the first to know the outcome. sorry I dont work like that. im not going to be the sucker that taray will soon hate whilst others hide behind the curtains pushing me on. Thanks to those who did come.
There are the group of people that are happy to accept tarays word and i respect that and dont want to interfere with what they are doing or believe which is why i didnt contact you about Mondays meeting (some people said they didnt know but may have still come, sorry about that). We are all entitled to our own opinions. I was one of those people up untill the other day. i do still beieve the pool will get done just suspicious about the hold ups.
So as it stands at the moment I feel there is not enough people here that want to move forward with a complaint and I am not going to bare the stress and frustration of the spanish system alone with just a few people supporting, so things will be left as they are unless others are starting action that i havnt heard about.
For those aready in touch and that support we will discuss the outcome of the meeting with the council as arranged.
Good luck everyone and fingers crossed for the pool in May!!! we never know it may just start this time!!
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www.galgosdelsol.es
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Tina - How I wish I was able to live in San Cayetano at the moment. I would certainly be right alongside you in the protest about pools etc.
Have emailed Tony, Chairman of our Community in Manzana 3 and 4, to let him know that I have no intention of paying any community charge until Taray have finished giving us what was promised. Pool, tennis court, driving range etc. Certainly no need to choose an administrator to handle our community until we have everything in place. When I was over in September I did speak to quite a few people who live there and they didn't seem to want to "rock the boat" with regard to Taray! Cannot understand that as we must all realise that the things promised were all part of the money we paid for our properties. It also adds value to our properties to have all the facilities in place.
Don't get me wrong - I love San Cayetano but do feel very strongly about being "conned" by both Taray and Parador!
Will be out at Easter and hope to meet up with some of the "positive thinkers" then.
Pinot
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Pinot,
, youre correct on every point, The prices of our properties are reflected in the infrastructure of San Cayetano, and as a community nothing should be paid until the promises are gauranteed in writing @ the very least.
Kevin.
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Actually i have a little confession. Secretly I have been applying for my own leisure area license. Well today it was granted with 80 official stamps i am pleased to say. My diggers started this morning and I am proud to say my leisure area is now complete. I have uploaded a photo for you all to see, take a look. 4th jan 09 .
Please feel free to use my leisure area at any time. knock yourselves out guys and start living your spanish dream. All i ask ask is that you dont go in naked, poo in the pool or hog the seating area. I dont tolerate gossip in my leisure area unless its really juicy and refreshments are available on request.
Enjoy
This message was last edited by tinasolera on 2/4/2009. This message was last edited by tinasolera on 2/4/2009.
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www.galgosdelsol.es
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