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Here's a familiar story. I see the Mail on Sunday reply is a very simplistic answer thatshows no proper level of research:
If only it were that easy to swap to another completed Aifos property !!
I have actually just submitted a response to this article asking Mr HEthrington to get in touch and I can give him
fuller details about what type of Copmpany Aifos are. It would have been nice he could have published the name and contact details
of that director he mentioned.
http://www.thisismoney.co.uk/news/columnists/article.html?in_article_id=452465&in_page_id=19
We've given up hope of our Spanish dream
Mrs V. M. writes: My husband and I paid a deposit on an off-plan apartment in Spain to a company called Aifos in 2004. We have made further payments amounting to more than £40,000. We have been back and forth to Spain, but were always told the company was awaiting a building permit, which we have found out could take a further five years. At one stage we were offered a penthouse at a higher price, but this was too much. We are just ordinary people, now 66 years old, living on our pensions and we are desperate to get back some money. Aifos is in a bad way. It has closed its UK offices and cut back its workforce in Spain by two thirds.
The UK company's accounts were due at Companies House in July, but have not arrived - never a good sign.
The company told me: 'Spain has suffered difficulty with the economic climate, which has resulted in a lack of sales. Lending from the banks in Spain has virtually stopped, and lending money to prospective clients is becoming very difficult.' However, Aifos is sitting on a stockpile of hundreds of completed properties. The company does not have the money to repay you, but it would love you to accept one of these apartments in place of the one that has not been built.
Frankly, I would accept the deal if you possibly can, just in case Aifos's problems get worse. There is little chance of your off-plan apartment being built soon and at worst you could always let or sell the completed property. A letter is on its way giving you the name and number of the Aifos director I have been in touch with and they will help you.
This message was last edited by johnmfranci5 on 9/22/2008.
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You are absolutely right, John. This kind of advice must be given carefully. Swapping deposit is not such a simple thing, especially, if you find out the house they are offering you has new problems and irregularities. Aifos´ boss is not so honest to deal with being happy everything is going to go well, we can not forget this man is involved and charged with corruption in Spain´s Court. It is necessary to know what is Aifos, what they do, in what way they treat their clients, in order to give the right and best advice to someone who has paid a lo of money of his/her house and now has anything, with no hand over date, no bank guarantees, no money back... no law and no rights being honoured.
Kind regards,
Patricia Morales
Lawyer
http://pmsabogada.blogspot.com
patricia@pmsabogada.com
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Dear Patricia, colleague:
I agree with you on caution and proffessionalism but ,also can say that this property swapping can work if a good legal advisor, independent, obviously, in in charge of the swapping. We are performing one this weekend. Of course we will not expose our client to any kind of risk but we also hope that it will work fine for him as he really wants a house in Spain and Aifos is offering to him what he wants.
This does not mean I approve or disapprove Aifos´s strategies as a whole, I am describing just this simple deal, which so far, seems correct to us.
Best wishes,
Maria
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Hello, María, nice to meet you again.
You make the point about being advised by an independent and diligent lawyer. Due to not only professional but personal circumstances I do know Aifos way of dealing in this swapping procedures, and especially, what happens after the agreement signature. I am sure that your help and the help of one honest colleague will permit the swapping in the best conditions.
Kind regards,
Patricia Morales
Lawyer
http://pmsabogada.blogspot.com
patricia@pmsabogada.com
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Dear Patricia:
Of course... we can do it..
It is so good seeing you around.
Hope to meet you personally soon.
You are based in Malaga, are not you?
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Yes,you can find me in Málaga centre (opposite to "El Corte Inglés" shopping centre, that is the best way explain where I am!).
I am working hard in the big and serious problems Mirador, Palmera and Aifos have created to most of my british clients. Courts and public prosecutors are giving us a tough fight (instead of helping us....) but we are putting all our efforts to get what the buyers deserve.
Regards,
Patricia Morales
Lawyer
http://pmsabogada.blogspot.com
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Nothing to do with Aifos, (sorry ) but also in this week's MoS:
Q: My sister and I plan to take our families regularly to visit our parents in Spain. We are thinking of buying a car and leaving it out there. Should we insure it in the UK, or do we need to use a Spanish insurer?
A: Under EU rules, a vehicle must be registered, taxed and inspected in the country where the owner lives. Visitors to Spain, driving a UK or foreign-owned vehicle, do not need to insure it in Spain unless the vehicle will be in the country and used on the roads for more than six months in any 12-month period. But residents must re-register any foreign-owned vehicle in Spain and arrange local insurance.
(My underline) Whilst this answer is basically correct, it seems to me to be open to an alarming misinterpretation. Of course, your car must be insured in Spain! Whether it is covered by a UK insurance green card (normally only valid for short trips abroad), or by a Spanish policy, it must be insured at all times! The reader clearly states that the car will be left in Spain, and the answer almost seems to imply that as a visitor you do not have to be insured in Spain. The relevant part of the reply really is the bit about taxing and testing the car in the country where it is registered. If you bring a car from the UK and leave it in Spain, when the MoT expires, the tax cannot be renewed, and with no MoT or tax, any insurance, UK or Spanish, will be null & void anyway, so the vehicle will be on the road ILLEGALLY. My advice would have been simply to rent a car when they visit, or if they insist, buy a car in Spain and register, tax and insure it in their parent's name.
The Mail on Sunday is a great read, but sometimes their reporters need to log on to EOS before blabbing on about Spain!
_______________________
"Get your facts first, then you can distort them as you please"
Mark Twain
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Patricia: Good luck and keep the hard fight. It is never easy.
Please let us know if you ever need anything. We have got a criminal Law specialist among our litigation team.
Best,
Maria
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Thanks, Maria. I hope your dealings go well to. Regards,
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we bought at the mijas hipodromo and have gone through a real nightmare dealing with aifos. i hope someone brings them to justice!
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similar happenings have been going on at polarisworld it seems according to their client forum site
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