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I and my family bought off plan 3 years ago ,we put down the large deposit required and since then have been paying interest on the loan while nothing much happens in Spain.
We have been told that before our part of the development can be started the existing built properties must be sold first and in the meantime we are financing the developer with our money.
We were offered a discounted price on a completed property but would still be expected to buy the property we are awaiting to be started ,never mind built
The deposit was £60,000 and we are now considering what is the best course of action,the legal system in Spain is different and we have been told it will be expensive to get our money back.
Is there anyone else out there dealing with this company or is there a Spanish property expert who can advise us on the best course of action.
We expected that by now the property would be providing us with a holiday home in a lovely part of Spain and an income to help maintain and finance it
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Did you get a Bank Guarantee and does the contract have a completion date stated on it
If I were you I would try to get in touch with Maria on here she is the resident expert lawyer on eyeon spain her website is listed on the left side of this post COSTALUZ LAWYERS
This message was last edited by fpegman on 09/01/2011.
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Fred
Overseas Property Company
fred@overseaspropertycompany.com
Real Estate sales - rentals and Lloyds insurance agency.
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Thanks for the reply,
I was hoping for anyone on this who may have any information about other people in the same position as us on this develoment may have some information about this
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There are a number of discussions about Peninsula on the appropriate communities boards. Most of the people that have been discussing this company are on Medina Elvira 23, Medina Golf and Medina Elvira Fairways. Which development are you on? I assume it's not one of these, as all of these have started. Some people have completed on Medina Elvira 23, and and I think some also on Fairways.
I put down a deposit on Medina Golf in 2006 and am currently attempting to go through the courts for a refund, although I have so far been waiting two years for a court case. Medina Golf was promoted by Peninsula, although Nadalsol is the developer, so my action is against Nadalsol.
It is worth contacting Maria at Costa Luz lawyers, as mentioned below, as she is familiar with the issues at Medina Elvira Resort.
The question about whether you have a bank guarantee or a completion date in the contract is very important. It is also important if it states in your contract when work should start on building your property. If you have a bank guarantee, pursuing a refund will be easier. i was not given one which is why I am having problems getting a refund.
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Thankyou very much for the reply .
I will look at these other discussion pages for further information
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We have bought on Medina Eden Golf,any information on this one wouldbe appreciated
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I would need to see the contract and related details: Bank Guarantee, payments made.. in order to give to you a more accurate orientation...
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Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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An old one I know but we are still paying off the deposit with no action , has anyone managed to get a refund without a guarantee ??
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Buster10:
Company is in creditor´s meeting so Preliminar Judicial procedure would give to you the information you need for an action against the Bank. Always provided you cancelled your contract in due course
M
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Have a look also at the Medina Elvira Resort community which I started as the others are largely defunct due to no-one living there/property not completed. Cardiffian is correct, there are properties sold at Medina Elvira 23 and Fairways, and indeed there are a couple of English families living on Fairways. We are at our property in ME23 at the moment, I can tell you that Medina Golf is an abandoned shell, when we first came out here to visit it looked very smart but since Nadalsol went bust it has been abandoned and over the past 3 years has been looted of everything that can be moved out and sold on or has scrap value. I would recommend talking to Maria as her company has had success at Medina Elvira with return of deposits, I know of another lawyer who has also had success and can give you his details if you send me a pm. Good luck Buster 11. I know of people who have got there deposits back on Medina Golf, and other developments here, so it is possible.
We are stuck with a mortgage and waiting for the outcome of a criminal case regarding the licences for our properties, which should never have been granted and we should never have been forced to complete. I guess we would count ourselves lucky if we had only a deposit to worry about, however I hope that eventually everyone who bought into Medina Elvira gets justice.
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Having being a long time sufferer at the hands of Peninsula I was happy to meet with a lawyer who has had multiple success in claiming deposits back for a number of clients in the developments in Granda. I needed to initially pass on a copy of my contract, it was confirmed on receipt that I was elligble to claim for my money back. As a matter of course I sent through all the information I had with regard to payments and any communications with the developer. It takes time, but I now feel I am getting somewhere. A good Lawyer, 100% success rate.
There is a No Win-No Fee situation and my only expense was to give the lawyer Power Of Attorney
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Good luck to you , we are still paying the loan for the deposit , who is your Lawyer ?
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I know that María de Castro has had success reclaiming deposits at Medina Elvira. Oscar Calvo also has a very high success rate there. If you want his details send me a pm.
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