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We have heard through today some information that all should be aware of if you anticipate being on the creditors list. Below is an extract of an email conversation i have had with representatives of San Jose regarding the claim process. i would suggest you contact your solicitors immediately to comply unless otherwise instructed.
"I believe the Court has already sent out to all creditors the letter. All clients that receive a letter this is confirmation that they are on the list of creditors. What clients must do once they receive the letter is get in contact with their legal representative and provide the Court with proof of payments made. As this is what they request on the letter. They also state to what address they have to send such documentation.
We originally thought that the letter would state the amount that clients have paid and that if they agreed with the amount they would not have to do anything, but as the letter doesn't state any amounts, if the client want to be 100% of the amount, they will need legal representation to do this on their behalf as the court will not be able to help those that do not speak English.
So if any clients ask you, please explain the above."
Any more info I'll post ok
Darren
This message was last edited by Darren_Michelle on 6/20/2008.
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Hi Darren
Unless im reading it wrongly the e mail is saying something i was wary about and mentioned a few times had happened to me.
It sounds like San Jose are saying that the court is writing to people on the creditors list.
And this is the creditors list which San Jose have given to the court.
San jose are advising the amount should be challenged by you if you think its wrong. Which on the face of it you feel like saying thank you.....but the reality is that your only getting written to if your on 'their list' and even then that they may have made mistakes about the amounts?
This would mean that people like me, not receiving a letter from San Jose and not written to by the Court are not catered for, i have been wondering how many people are not aware of the problem with San Jose. How are they covering the creditors to make sure they all know, any ideas? There must be people who have just decided to wait another year for the licences to come, as SJ advised many people to do.
If you get chance to ask SJ about that its worth the question. Use me as an example if you like, i had no letter from SJ and can't be found on the creditors list so no letter from there. If i hadnt seen the problems on this forum and hired a solicitor i would not have a scooby doo about this administration or that i was secured in the debt.
In fact who was the e mail to and from, if its just an internal mail advising staff what to say in case they are asked......wow thats a sad insight.
Strange isnt it?
Brian
_______________________
Best wishes, Brian
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Brian,
Yep, understand your comments and the worry. The email was between myself and San Jose so not an internal communication.
problem all along has been the following, 1001 agents have sold the concept of Santa Ana del Monte Golf Resort, Jumilla. San Jose's obligation is to those agents, and those that have bought directly, therefore, they have 3 ways of communication (so I believe), through an agent if you have bought this way, directly if you have bought this way, or through a solicitor if they are acting upon your behalf. Our solicitor has been in touch and confirmed the comments requirements, and again, SJG did not contact me directly other than the emaili posted (beyond call of their duty). It's not, nor ever has been SJG's responsibility to contact those who buy through an agent, that's what these guys get commission for, so in a way it's they who let all us down, not SJG. San Jose (Miguel & Pilar) have become members of the forums to try and assist where possible, to a point whereby they have been banned from an associated forum. The pair of them are here off of their own free will to try and help and could quite easily opt for the 'best practice' approach, follow guidelines and leave it up to the Agents, that's why, and where I get a lot of info from, whether it is company 'toe-the-line' info or a heads-up
Before anyone asks, yes, i bought through an agent like most and since the day i paid my deposit, I've not heard a word from them, even now. In fact, I bumped into my agent at Alicante airport and he swears he sent through all correspondence from SJG, even though I informed him more of the situation than he offered me. So, I would suggest if you have a solicitor, make sure you get them to converse with your agent, after all, they are the ones who have made money out of your purchase and now sit back and do 'jack'. I speak openly as some of these agents may well be my business associates, however they know my stance.
anyway, weather is 35c today and i cannot sleep thus the time of email,
I'm In Spain, and im staying there !!
darren
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Hi Darren
Thanks. I did buy directly from San Jose, I have not had any corresponence of any kind and not had replies to e mails. I find myself not on the creditors list, San Jose have an investors club, advertised on their website. It would be interesting to know how many people, as a percentage have been neglected to be informed.
The comments about agents you make Darren. It sounds like the advice to take from this is that the agents are not really bothered about their customers (in the main) so when the property industry in Spain turns round, the whole industry needs a big big shake up.
Back here in the UK we have some overhauls of regulations in the house buying industry, which will start as being unpopular but will in the end be big improvements, like home information packs, condition surveys, search and marketing information.
For the time being i will stay in UK Daz thanx, i dont know of any large scale money losses through building sites not being able to proceed because of the issues we are seeing with Spain. Over here as you know we need planning permission first, NHBC regs, and a whole host of other protective measures. The experience in Spain so far seems like a badly handled under the counter investment that might happen, might not and if not we might tell you whats happeining and we might not...etc
although it is pretty windy over here today!!!! lol (my house isnt going to blow down anyway)
Brian
That was one
_______________________
Best wishes, Brian
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Hi Darren,
thank you for for sharing the info from your communication with SJ regarding the info coming form the courts.
I have recieved an email from SJ saying that a solicitor should be used to make sure that you are listed correctly by the court and that you are informed of what the documents say and process means. I have allready done this at a cost of 10% of the original amount it would of cost me with Irwin Mitchell.
As for communication issues with SJ and agents our personal experiences of both companies shape our beliefs and feelings. I have recieved updates from SJ and Holaspain including the one in Sept 2007 informing me of the 25% increase in value of properties, then this year the general compensation for all purchasers of pre instalation of air con. I recieved a credit for this as i allready had this on my spec. I also recieved a credit for the cost of the pool as this had come down significantly and I was being charged a lot less. I was very impressed by this and even got my solicitor to check the spec was the same!
Regarding the delays ,I used them to adjust my extras and ensure that the wiring/ electrical outlets etc were where I wanted them plus i had the design of the kitchen altered to give more work surface. I have kept in touch with SJ post sales and my agent from a very early stage and i have found them both very helpfull, approachable, professional and communicative. I beleive that the most important thing with communication is it has to be a dialogue( which is 2 way )This needs us to contact them aswell as them us,to build relationships and ensure that communication is effective and meets all parties needs.
It isinteresting that it appears that those of us who have done this have a more positive attitude to the situation and probable outcome.
I suggest that although people may have a legal/ agent route of communication with SJ, that they personally phone post sales and their agents or even fly out and meet with them.
As for the weather it rained very heavilly last night and Briando is right....it is windy!
All the best to you all
I want my House and for you all to have a positive outcome too!
Tony R17 18
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Good to hear a relationship can be built with San Jose, and that there are some positives to report. Like Tony just did, i try to stay with my own experiences and not pass on too many 'chinese whispers', (not knowingly anyway).
Our experience is different. Trying to build a relationship was painfull as visiting the dentist. All the nice stuff like arranging of furniture packages, negotiating changes or upgrades were done in the period being the first year after the contract had not been met. After that it was hard to get the builder to admit the site was not likely to go ahead at all. We were offered changes to another site but the information at the time was our site was just going to be another year, which was poor information at the time
The sites that have no chance of development, like ours, are ones where the customer probably needs even more attention and information. The experience we had was that we had no support or information and were just downright ignored.
One thing i will say about our experience is that not receiving returns of phone calls, e mails or having a letter, even a basic letter (still have not), informing us of the situation and our position when going into administration is not comparable to nicely arranged or negotiated on site changes.
Its very poor customer care, its a disgusting attitude and i expect it to be seen to be illegal on the outcome of the administration. The builder is capable of both experiences?
The wind has dropped a bit now, so im cranking the BBQ up and six of us going to have a good drink and some nosh!
Have a good day whoever is reading!
Brian
_______________________
Best wishes, Brian
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Just chilling now Tony
Am a little pissed but was a good laff and turned out ok....stilla bit windy tho....hey ho.....everyone gone and im back on here....sad eh..lol
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Best wishes, Brian
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Not as sad as me tho, 1am in the morning and i've just finished work and enjoying a beer in the 23c heat after Spain got rid of Italy in Euro 2008
Onward to the finals
darren
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Re 'the list' - thanks for the information. My solicitor tells me I'm on the list but I have not had a letter from SJ or the courts. I don't suppose having the letter matters a hoot but it would be comforting, so I shall mention it to my brief!
Johnstuart
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get your brief to make sure SJ and or the admin have your contact details so that you get on any future mailing list. If your lawyer is registering your claim with the court they will get your correct details then but just incase there are anymore letters in the interim I would make sure they have your correct contact details now. I am hoping to scan my letter tomorrow and email to my lawyer if you want I can pm you a copy so as your lawyer knows the content and what letter you are referirng to .
cheers and good luck julie anne
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Julie Anne - don't worry, I have just received my letter from the administrators (in Spanish of course) and will scan/email it to my solicitor for a translation.
Cheers, Johnstuart
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Had a card left yesterday telling me to go to the correos there was a letter for me,
went this morning to pick my letter up from the correos in Orhuela Costa and had to sign for it
Took it straight to my solicitor who tells me it is a standard letter sent to everyone they had also been sent one
basically it is saying that administrators names the time scale they have
and that they must report back to the court, hope this helps in the interim until you all hear from your own solicitors
_______________________
Great Auntie Linda
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Hi,
i had an email from my solicitor and he said it is just the court asking for my deposit to be declred and documents to be presented. He said do not worry about it, that is what I am paying him for.( 1200 Euros)
Al the best
Tony
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