05 Aug 2009 10:54 AM:

We have just sat for the last hour and half catching up on the threads of the last few days. We posted on the forum last week ...our position the same as most regarding Aifos....bought an off plan development Puerto Golf Las Colinas in 2004 paid deposit and stage payments, no bank guarantee and no building licence ever obtained...therefore no build. We have been fighting to recover our money back for the last few years and were awaiting our case ot be heard in September after having already attended court and a judge agreeing an embargo was required to pay us back what we were owed. ( We had to send E2000 deposit to the court for costs if Aifos were to win our case, which according to our solicitor is unlikely!) Since the administration of Aifos our court case will now not be heard and we have been advised by our lawyer like many to put our names onto the creditors list. So far we have not been asked for any extra money, but reading the posts this morning suppose it is only a matter of time!

Not sure if anyone has seen the news item on a Spanish property sight  July 28th where it appears that 14 of Aifos clients have managed to persuade the public prosecutor to take up criminal action against two of the directors for swindling!

For your information the item is copied below

Spanish Property news July 28th 09

Things have been going downhill for the notorious Spanish developer Aifos ever since its bosses were arrested and charged for bribery in the ‘Malaya’ police operation into municipal graft in Marbella in July 2006. After 3 years of declining business the company has just been forced to seek protection from its creditors, with 1 billion Euros in debts, and now the public prosecutor is trying to put Aifos president Jesús Ruiz Casado, and his wife, María Teresa Maldonado, behind bars for fraud.

The public prosecutor has taken up a criminal action requested by a group of 14 Aifos clients claiming they have been swindled by the developer. A court in Malaga has agreed to hear the case, in which Aifos is accused of making false promises when selling homes off plan without building licences.

Alleging fraud, the prosecutor is seeking 7 years for both Ruiz Casado and his wife, and fine of 16,200 Euros for breaking consumer protection laws. If the claimants win, Ruiz Casado will also have to return deposits and stage payments ranging from 25,900 to 118,000 Euros, and pay each of the claimants 3,000 Euros in damages.

In recent years angry clients have taken out numerous civil cases against Aifos, in many cases leading to court orders for the company return money to clients who never received the properties they paid for. False promises have been standard practise at Aifos, reports the Spanish daily El Pais, pointing out that Aifos now faces 891 legal actions demanding repayments of money.

The difference this time is that the claimants have managed to get the public prosecutor to accept a criminal case against the owners of Aifos – the first time this has happened.

The claimants say that, between 2001 and 2002, Aifos signed sales contracts for projects in Rincón de la Victoria and Torrox, both in Andalucia, claiming that construction was already underway and that delivery would take place within 20 months. In reality Aifos didn’t even have building licences for the projects, and Ruiz Casado and his wife simply pocketed the 590,000 Euros they took in deposits and stage payments, claims the prosecutor.

Interesting reading....I have sent a copy to my solicitor for a reaction. If one public prosecutor has agreed to take action for 14 clients then what about the rest of us.....

 

 

 

Thread: Rough justice yet again!

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25 Jul 2009 9:51 AM:

You have our utmost sympathy as we are ourselves in exactly the same boat!

Last night we received an e mail from our lawyer telling us that Aifos Bankruptcy had been accepted by the court in Malaga and that we will now become a number on the massive list of creditors awaiting payment from Aifos! We have been advised we can initiate a penal procedure, which will cost us another 800 euros where the admistrator would bear the penal responsibility i.e. go to prison! Some chance eh? Aifos have managed to get out of their debt  to us for the last four years and we cannot see that taking further action against them will get us anywhere. Our faith in the Spanish justice system is Zilch!

Just a little of our history with this bunch of fraudsters! Bought off plan in 2004, promised completion by 2007 - no building commenced by 2005/6 - had paid deposit and two contract payments. Contacted Managing Director of Aifos office in Manchester - she managed to delay further two contract payments for a year. Still no build commenced so she arranged for the contract to be cancelled, which we signed in May 2007 and received a post dated cheque with the money we were owed! Needless to say we were contacted by Aifos and asked not to cash the cheque as they could not honour it !!  After a further few months of hassle and aggrevation - received another cheque post dated for November 2007 - Aifos told us they were selling off some prime land. November came and again we were asked not to cahs the cheque as they did not have the funds ...and so it went on! We actually had two cheques in our hands .....so near yet so far!!! That we nearly two years ago and we still have not been repaid what they owe us. We passed our case to a Spanish solicitor, one we had met and trusted  who advised we put the cheque through the bank for it to be rejected ! ( That cost us 900 Euros as the banks charge for a bounced cheque!) That was the start of along battle of which we are sure you are familiar!

We now live in Spain and have bought a property in Costa Blanca and are extremely happy here. Aifos has been a black cloud in our lives for the last five years and they have caused us so much anxiety. We have been to court here in Spain twice - the first time we arrived in Malaga court with our solicitor not only was our name not listed for our case to be heard, but when we did finally get seen , our case was postponed as the court secretary had failed to produce some evidence requested by our solicitor! This action delayed our case four months and in that time we watched as some of Aifos creditors were trying to force them to Bankruptcy. The judge at our second appearance at court, agreed that Aifos were in debt to us and that an embargo was appropriate. We had to pay up 2000 euros for court  costs for this decision to procede. Our case was to be heard in September like yours......but not anymore!

I think we have finally come to terms with the fact that we have lost the money to this company and would only be too happy to see the directors and anyone else involved in this scam to go down.

Alan Sugar has obviously had his spies out - might be worth letting him know of our plight. Perhaps he may be sympathetic if he understands how this company has operated over the years and how we have in some way helped him to purchase his hotel for a fraction of its value....mmmm food for thought!

Anyway good luck....its helps to know that there are others who are sympathetic to your case

Thread: Rough justice yet again!

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