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hello

i have been sent a letter today from herrada del tollo s.l. ( declarada en concuros ) administracion concursal it has 5 points to it and is signed by 3 different people but it is in spanish and i don,t understand it can anyone throw light onto this please


ged  r19 no 56

Hi, Ive just had mine in the post as well.  I'll fax it to my Lawyer first thing in the morning.  Hoping someone else can read it and post a transcript beforehand.???

Sally

Hi

I received one this morning too.  I scanned it to pdf and sent it to my lawyer.

He replied at lunchtime to say the following, i dont think im betraying confidentiality by placing it here, nothing too serious!

Dear Brian,
This letter is to confirm “San Jose” is now under administration, and asking you to file your credit together with the documents within one month after official publications.
We are sending your documents tomorrow.
Kind regards,

I recieved the letter today in Spanish I thought the judge had said the letters were to be sent in both Spanish and English some one on another forum has translated it  but it is very difficuilt to translate legal jargin I think I will scan mine and e mail it to my lawyer.There are a lot of people who did not get the letter for various reasons once I have scanned mine I will pm it to anyone who doesnt have one if they need to see it  . I will for obvious reasons remove my adress etc first.

Hi all

I also recieved my letter today and faxed it to my Spanish solicitor.  I have allready been told that I was on the creditors list, so let the legal reps sort it out.

Have also read about people paying to check this list and have leagal representation.
When my deposit was paid and the legal fees, it seems the solicitor acting on my behalf is not charging for the further work involved in this administration, and guarantees were written into the contract.  I posted this info some time ago but as I paid my deposit in 07 things may have changed and earlier people were not covered.

When I hear back from the solicitor I hope to confirm what Briando has said.

Hi recardo 
 I paid my legal fees for the purchase to full completion ie full registration of property in my name ,habitation certificates  ,power water connection etc  my lawyer says because we did not complete the process she is only charging us for the  work she has had to  do so  far therefor we have a balance of the legal fees left.She is going to refund these so that we can put them toward the fees to of the specialised lawyer we have engaged to take us through the concruso stuff. So I guess the funds you have left from the upfront legal fees paid will depend on how far along the process you were and how much work the lawyer had done ie how much of the money is used up. I thought my lawyer was good and would have stayed with her however she said  this situation requires a specialist  to the specific area of law and preferably someone nearer to the court as things could move quiclkly at some stages. Perhaps we have the same lawyer . I havent heard of anyone else who had fees  refunded . 
good luck julie anne

Ricardo there is one list that was given to the court  by the builders this is the list you have confirmation of being on .the next list will be the one colated by the administrators to be on this you need a lawyer to register your credit with the court/administrators to do this your lawyer needs all your documents and contracts etc and to be granted power of attorney.It is the process of getting on this list that people are paying for . The letter you sent to your lawyer today tells what the process of getting on this list. Call yor lawyer and make sure they are aware of this and the time scale etc you have 30 days from the announcement in the BOE. To my knowledgre this publication has not been made yet and the 30 day clock has not yet started ticking. Can anyone else advise Ricardo on this has the final BOE publication been made  ?
hope this helps it is all so complicated just sit on you lawyer and make sure they are aware of the process.You could just be cheeky like I was and ask if they are up on this area of law when I asked these questions my lawyer was up front and said I would be better to switch to someone else as it was a very specialised area and her practise was mostly conveyencing. Lawyers are just people so just ask the questions you need to know.   Good Luck

Hi Ricado,
My soliciotor informed me that the 30 days has not started yet.
All the best to you and all SADM purchasers
I want my house
Tony R17 18

Hi all,


Thanks for taking the time to post your comments.  I hope to be in touch with my solicitor today or tomorrow, and take it from there.
I still prefer to have my house.

hi all,

I recieved an e-mail from my Spanish solicitor on Friday, saying what everyone else is saying.  I now have to find a notary and pay my solicitors 1,100 E to represent me. 

It says an initial amount of 1,100 E so i hope they dont require more money later.  to safeguard my deposit I have to pay and see what happens.  All I wanted was my house in Spain not all this hassel and further expense.  With the exchange rate as it is it will cost me another £20,000  unless the rate changes by completion.

lets hope thing are sorted and the build continues

where do you live recadro

the only blessing in this is if courts return the deposits as the sterling is so week to the euro you should actually be up not down.

EG say you bought one of the qas at 105000 euros i think they were - and paid 30% deposit that would be 35000 euros.

£25,000 sterling deposit paid to sj at 1.4 euros to pound = 35500 euros

35000 euros paid back to you by sj at 1.25 = £28000

Accpeted sj will charge a pathetic amount of bank charges for a bacs transfer say 1000 euros when it costs 50 euros, and the courts will charge 1000 euros for making one decision

but in principle you should get more rather than less

Hi Finca2009,

It may be a blessing for you if you get your deposit back and by the time you get it that the exchange rate is still in favour of the Euro.

There are others who would not count that as a blessing as they want there property and are doing all they can to get them.

I wish you all the best and i hope that we all have a positive outcome.

I too want my House

Tony R17 18

as usual tony you are missing the point. this guy seems to wanting his deposit back.

The big question is if they will return some or all of our deposits !

Hi All,
re Recardo's posting I do not think I missed the point he says on the 25 June he wants his house and today he says he hope the build continues. So I think his prefered out come is to have the property and not his deposit back. Lets wait and see if he posts again and clarifies that just incase I am wrong.

Re deposits as I posted yesterday Anna M has got confirmation that the deposits are in a ring fenced account as they are legally supposed to be. I will therefore be up to the courts as to what is done with the money in conjunction with the solicitors representing those who deposited their money with SJ/HDT.

We just have to wait a few more weeks and then we will all know what we can and can not do and what we will or will not get.

In the meantime try not to get too stressed out or panicked.

All the best to you all.

Tony

Hi all.

To clarify my possiion I want my house, but if the developement stops I want my deposit back.  I would think everyone else is in the same position.  We put a large deposit on a dream and it might go sour.

This developemet is in the interest of the spanish government as they need investment from other countries.  I feel it will go ahead but having to put more money into solicitor to safeguard our deposits rubs me the wrong way.

I paid my depositon onb something I liked the look of and I want my house not more bills.

 Let Santa Anna be built.

Hi

Can i just clarify something, sometimes i get the impression there is a slant on things that is trying to influence and not just inform.

The 'ring fencing' of deposits.  Ring fencing is an accountancy and budget term for isolating funds and using them for one particular purpose, it stops other people in an organisation using those funds for a reason out of that policy or direction.

If the Anna person is using the term ring fenced to give the impression that the deposits are still in one place and not touched or used, then ask Anna to say the deposits are in one place and not touched, be specific, be definate.  please do not hear something that sounds like you want to hear and make assumptions.

Saying its a legal requirement to 'ring fence' deposits,,,,where exactly does that come from and what does that mean?  Kindly back that up and explain.

For what its worth i think in this case the 'ring fencing' will be the using of deposit money to invest in property and fees associated with licences, legal fees, local 'payments', sales aids such as visiting packages.....anything that is associated with development rather than build expenses.

If Anna wants to be clear about what is implied here can you ask her to answer the question.......are the deposit funds placed in an account and not used and available to the administration for re-payment to the depositors........Answer yes or no please.  Lets just stick to facts and truth.

Can we try to stick to information and away from the campaigning please....it just makes us all fall out.

I want my money back and I want you to have your house......If i have to have my house i dont want to wait for ever and ever and ever......its been 5 years for heavens sake.

Hi all,

After much thought and deliberation I have decided to pull out of Santa Ana. I hope all the people who are hanging on in there end up fulfilling their dream. Unfortunately I can wait no longer and have started down the legal route to re-claim my monies back. I have experienced 4 years of many ups and downs, but I am not giving up on the dream. I intend to start looking again... indeed I have started although only looking until the money issue is sorted.
One last thought. I found this and other forums most useful when I started out. We should not forget the value they offer, although of late that value has diminished with all the negativity and lack of clarity that seems to have taken over. I don't however want to forget all the useful advice I have picked up along the way. May I thank everybody who has helped in this respect and hope that mine and your dream home in the sun will take shape wherever and whenever that may be.

Cheers

Mike Smith 

Hi Brian,
I have been avoiding campaigning and just trying to pass over info so that we can all think on it independantly.
Re the deposit money, I personally was told by my solicitor and the finance director at work that the money has to kept in a clients account. I can say no more than that.

Perhaps someone could copy and paste across what Anna posted?

Any way I going to watch the match....all the best to you all
Tony 

Hi Everyone I cut and pastee from the other sitemessage dated 26.06.08 by ANNA

Dear All
 
Antonio asked me to post a quick update for everyone to let hem know that he is aware of the contents of the letters whic have been sent out and this should be seen as a positive step. people should ensure that they have sent all information for POA and supporting documentation relating to monies forwarded. After this is done your credit will be registered
 
Things are looking as positive as the can be at the moment.
 
1. Owners monies are in a special bank account except for 36,000 Euros which have been used for construction purposes. Antonio has requested clarification in this regard.
 
2. The Judge has ordered that the bank account remains untouched until he is provided with the report of the administrators. Under Spanish law the administrators have to issue a report within 2 months of the insolvency declaration with relevant information on the finance, etc.
 
This is far more positive than I had hoped and whilst it does not necessarily guarantee a positive outcome it certainly looks more hopeful than I had anticipated!! So maybe I can get some sleep for one night since the terrible news broke!
 
Anna 


brianmags
R4 556