| The Comments |
Dear All,
regarding the reply from the law professor at Alicante University obtained by CBS for SARC I asked : Do we need to present our contracts in court if we are on the creditors list posted by the administrators at the court? It would appear from the reply that if you are not trying to get your money back power of attorney is probably not necessary for the presentation of documents, which is only needed if you are not on the administrators creditor list or the amount is wrong.
I will not make any further comments other than I am awaiting replies on further questions, which , CBN, are trying to help us with and when the answers are recieved they will be posted for you all to see.
All the best to you all
I want my House
Tony R17 18
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Hello,
I have been told by my agent that he has seen a letter from san jose to my husband and i with a court reference number on it and that he has been told by san jose that all creditors are listed.
We have waited nearly 4 years for Albatera and only this April switched to a azucena at El Pinet.
At the end of april this year, we had a meeting with our agent and Almudena (daughter and person in charge of san jose). We were told our house which is almost complete would be ready for us in jan 09.
At the moment we are not prepared to go down the long stressful route of the courts (WE WANT OUR HOUSE) There may be some decent lawyers out there, unfortunately i have only met one in my lifetime and he does not specialise in spanish law, there must be a lot out there only too happy to try and exploit and cash in on peoples misery!
I am waiting to hear from Almudena about the current situation with El Pinet and i will post any information i get from her, i have als asked her to post something on the forum, wether she does or not remains to be seen!
FAR
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Has any one else had an email from psi consultants asking for a bank transfer of 2300 euros so they can act on your behalf with the courts. Personaly i think this is a lot of money to part with and we would still have to get to spain or hire an english solicitor to do the paper work for the notery. I am a little worried about this. Does anyone have any other news or advice as to the jumilla site or san jose. many thanks.
Sharon and richard
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Sharon & richard
All you should be paying for at this moment is Power of attorney which costs around €200.00. many of the solicitors will have a payment plan based upon getting your investment back. Ours for example ask for payment in 4 equal shares during the course of action but what you are being asked for is somewhat excessive so i would definately check it out.
darren
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We had to go to London to the notary to organise power of attorney. it has cost us roughly £350! Once our lawyer recieves this, then he has the power to act in litigation for us. He hasnt mentioned his fees, though i did ask him, but he managed to avoid answering. I cant believe we are in this situation - its just dead money! 
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This was posted on I want my House and SARC .
Dear all I write this with the permission of Justin and EOS.
Notice to all members of SADM community we now have a website for the coordination of " I want my House" or "Quiero mi Casa" under SARC. we will be uploading documents eg letters ask for siupport in the campainge for various interested parties at the moment it is fairly basic but over the next few days and weeks it will develope.
here is the addess
http://www.santaanadelmonte.org/index.html
yours
Brianmags R4 556
We want our House
We are growing join the campaign and take postive action!
TonyMal R17 18
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Re power of attorney
Funny old game, as they say! Having checked various quotes from the solicitors on this forum who have been very helpful [which we appreciate], we are using our Spanish purchasing solicitor in regard to the creditors list/administration process and he says he does NOT require power of attorney at this stage, but maybe later. For your information, he says the " in the Lawyers' Official Legal Fees Book of Murcia the fees in your case is aprox. 2.000 € for all the process" but as existing clients we are being charged 1200 euros. We have instructed him to push for SADM completion initially but to recover funds [obviously] in the event of liquidation. Our one concern, like other buyers, is the timescale if SADM trundles along!
Keep smiling!
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Last Friday the newspaper La Verdad de Alicante published the judicial order which declares the two companies, San José Inversiones y Proyectos Urbanísticos, S.A. and Herrada del Tollo, S.L. in "concurso".
The official publication has not been made yet in the BOE, but we expect it to be published very soon. In any event you must now take urgent measures in order to communicate your credits to the Court, bearing in mind that there are only 30 days to do so in San José and one month in Herrada, each time frame calculated since the last publication.
For those who have not yet instructed a lawyer, time is now of the essence. Once the final notification has been made, you will have one month to communicate your credit.
_______________________
+34 902 150 105
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Sorry to get technical but i am not fully understanding the second paragraph, lawyers are usually very precise with wording so i need to clarify.
You say there is 30 days from the last publication to ensure we are on the list of creditors. Then finish by saying 'each time frame since the last publication'.
Did you mean each time frame FROM the last publication, which we still await..............the word SINCE would indicate the publication is already made........which one please?
Brian
_______________________
Best wishes, Brian
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Briando 55 and all:
According to provisions 85, 21.1.5 and 23 of the Creditor´s Meeting Act, It is 30 days starting from the date of publication of the judicial order of creditor´s meeting in the last publication among the following ones:
a) National Official Gazette.
b) Newspaper of the Province where developer has its address.
c) Newspaper of the Province where developer has main commercial interests.
I would say that Alicante´s La Verdad de Alicante suffice for b) and c) and, therefore, once the publication in the National Gazette is made, thirty days need to be counted. We will let you know once the Gazette announces it.
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Yes, from the last publication; the publication in the BOE is a must and has not occurred yet.
_______________________
+34 902 150 105
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Hi to all,
Just a line to let you all know that we now have both creditors lists for "Herrada del Tollo SL" and "San Jose inversiones y proyectos urbanisticos SA".
Anyone wondering if their credit has been recognised, please feel free to send us a p.m.
Kind regards,
_______________________
Martin de La Herran Sabick
Abogado / Lawyer (reg. 851 Jerez)
www.abolex.es
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For BARRY210357
My name is Kathleen and i am from Ireland and seem to be in much the same position as you. I have bought a property in Jumilla through Amba Sun also. Have you decided how you are going to fight this case or have you decided who is going to represent you . Do you know of many other people in the same situation and what route most people are taking.
Kathleen C
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Hello everyone,
Reading the siesta fiesta forum today, there is a claim that Irwin Mitchell has said that San Jose has announced that they are bankrupt! Can anyone shed any light on this, perhaps Irwin Mitchell could clarify this.
It seems it is a bank holiday in spain which is probably why i have not received a reply from my agent.
Kathleen i am from N.Ireland and i am going to see a lawyer in Belfast next week who specialises in spanish law (he was reccommended by our family solicitor) i dont know who to trust anymore in spain so i am going to see what he thinks about it all.
If you would like to contact him just pm me and i will forward his details to you.
FAR
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Far & Kathleen,
Did you have a solicitor when you originally paid your deposits? You should, as a matter of urgency get in touch with your agents. They will be able to advise you. I know a lot of clients are taking up the offer of group action with a few solicitors 2 of which are on this website, Arbolex & Maria de Castro. Both are very helpfull.
It is important that you get onto the creditors list asap. You'll need to have your contract and proof of payments made. These need to go to your solicitor and then passed to the administrators.
I urge you not to waste time the creditors list's for both San Jose and Herrada de Tollo have been released as far as I am aware.
Kind regards
_______________________
Sterling
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Far
If you are going to a solicitor next week, make it monday morning because the process is getting fairly advanced now.
Regards
Brian
_______________________
Best wishes, Brian
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Hello,
Thanks for the advice, we are on the creditors list already but we want our house which is nearly finished. I am going to see a solicitor here at home who specialises in spanish law just to get another opinion. Unfortunately our spanish solicitor has connections with san jose and up until now has been of no use what so ever! so we may decide to go with Maria or Abolex we will see what our solicitor says at home here first.
Can anyone confirm if San Jose are actually bankrupt, when will we all be told the truth, i would have thought the administrators would be keen to try and avoid actual bankruptsy!
WE WANT OUR HOUSE AT EL PINET
Almudena if you are reading this would your company San Jose please post something on this forum!
FAR
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From what i understand the administration process is showing the companies to have a great deal of equity in assets which far outweigh debts.
That sounds good enough to think it is not a case of bankruptcy at this stage, the administrators will judge that though, i understand, during their process.
When you have a chat with your soilicitor ask for the details of the debts, assets, trading figures etc. I am fairly sure this information is available to lawyers through the admin.
Good luck
_______________________
Best wishes, Brian
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How can a lawyer get in touch with me knowing my name, email address and the amount I'm asking SJ to give me back if I have never contacted him. Amazing .... I think someone is benefiting from an information that is suppose to be confidential .... I´m really angry with this situation!!!! ... I don´t know about you, but I rather get in touch with my lawyer and not otherwise!!!. This message was last edited by algsso on 6/12/2008.
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San Jose might infringe its confidentiality policy that way too. Hum!
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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