18 Jul 2009 12:00 AM:
Hi
I am a UK based investor who has put more than 85,000 Euros in this project.
I am writing to ALL Finca Parc investors who currently stand to lose all money they have invested in this development by virtue of the fact that neither the developer, Cleyton Ges, nor the CAM Bank fulfilled the terms of the contracts we signed, which clearly state that all payments made are backed by a Bank Guarantee issued by The CAM Bank. I also have a signed letter from the judicial department of Cleyton Ges which clearly states that as soon as the contracts are signed and returned, The CAM Bank would issue the BGs and that these would be immediately returned to us. Although we followed these instructions precisely from our side, the BGs were never sent, despite repeated enquiries from my representatives and repeated assurances from Cleyton Ges that they would be ‘in the post’.
It is clear that we as investors have been taken for a massive/costly ride. Pursuing normal legal channels to recover our money will be an expensive process and take years. We need to short circuit the process!
To achieve success against these cowboys, we need to act NOW as a group. It is my intention to elevate this case to the highest levels by reporting both the Bank and the developers to Spanish and European Banking Regulators and UK /European consumer protection agencies to ensure that both the bank and the developers are investigated and hopefully blacklisted. I will also be raising the matter to the highest levels within the British Government.
I also have strong connections with leading UK media organisations/ newspapers and I will be providing them with all the details of this case to ensure that the public are made aware of what has happened.
It is illegal in Spain to sell an off-plan property without a providing a BG. I have had professional legal advice on this matter.
It is clear from that the both the developer and the bank (as the financial backer of the project) developer have not fulfilled their contractual AND legal obligations to provide many Finca Parc investors with a BGs. It is not acceptable to say that there are no BGs for properties not in Phase 1 or 2 since the contract that we both signed makes it abundantly clear that there IS a BG, as do numerour letters I have in my possession from Cleyton Ges. There is absolutely nothing in the contract that says that the BGs will only be released after a building license is granted or that there are no guarantees on Phase 4 etc. You CANNOT suddenly decide to change a contractual obligation post facto! The contract in fact states ABSOLUTELY NOTHING about difference in treatment of BGs in respect of plots in different phases. It simply states that the contract that we signed comes with a BG
The simple fact is that the contracts that we signed are clearly backed by BGs. I have been advised by my lawyer that given all the evidence that I have in my possession, the case would be clear-cut and overwhelming in any Spanish court.
If you are in a similar position to me, please get in touch asap, either by calling me directly on 00447887986976.
Thanks
Thread:
To All Finca Parc Investors in Danger of Losing Deposits
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