Anyone considering pulling out?

Carol817 (and all)

I've had a reply from the lawyer you suggested - Alejandra Sartorio Castrillo - see below
It starting to make sense to me now.
I did wonder why we needed lawyers at all to claim from an isurance policy.
It seems the insurance company is disputing the claims hence the legal involvement.
At last a lawyer who is willing to explain simply whats going on.
I dont like the idea of paying lawyers and then having to go through the whole process again to recover costs.
Its just lining the pockets of the legal profession.
Anyway, if a test case wins, will the insurance companies stance change and accept claims ?
Any ideas ?

=======================================================
Thank you very much for your mail and sorry for my delay, but I wanted 
to have more information before I give you my estimate of legal costs. 
I explain:

I have already contacted the insurance company and they have confirmed 
that they are not accepting the extrajurisdictional claim, which means 
that all clients who want to execute the policy will have to claim at 
Court. The previous claim to the insurance company and to the 
developer becomes now more a technical requirement, as in the practise 
we know it will not help.

Therefore I believe that it's wrong to ask clients for legal funds for 
the extrajurisdcitional claims, bearing in mind two things: The legal 
fees are not refundable outside court and it only takes some phone 
calls to find out that the insurance company is not willing to accept.

In my estimated, the legal fees for extrajurisdictional claim will 
only apply if the insurance company changes their position and accept 
the payment. Otherwise, there will not be any fees for those steps as 
I undesrtand they should be included as part of the Court claim service.
======================================================

Hi All

I strongly advise that you arm yourselves with as much information/evidence as possible.  The Insurance company has A LOT of people trying to claim their money back in fact  8000000 Euros of it back.  If you were them wouldnt you give a good fight.  Dont just rely on one breach of contract.  I have taken the figures from the 190 people Lexland have stated and 20 others for good luck each paying a deposit of approx 40.100 euros. Dont rush into anything take your time about lawyer changing, research as much as possible.  Dont be afraid to ask those 'dumb' questions.  I do .

See you all in court (hopefully)

Jill

Hi Mcgarvm

Must admit i am not really understanding everything thats going on,but i do trust Alex and i will just let her do what she has to,did she say to you also that she was willing to go to Valle Romano.

Carol

Just been over to see our lawyer,who has informed us to move quick,even though she says our money is safe,she has looked into several things and says its not looking good,she is actually going to drive down to Malaga [5hrs drive] to check out a few things next  week,we went to the notary with her to make her our power of attourney,i feel very confident with her,she told us lots of things we didnt even know e.g clauses in contracts. I am sure Alex also said we would get our fees back.

Carol

Hi Carol

Sory but could you clarify the following

!.  What doesn't look good(I know, probably the whole thing).  Are they still building?

2.  What clauses in the contract?

3.  Why to move quickly,?

My solicitor was sending a surveyor out to look at the site, I am chasing this next week as he feels that without this there is no case due to the 'clauses' in the contract.

Thanks

Jill

Hi Jill

I dont really want to put everything that Alex told us on here,its just really to let people know we are starting the ball rolling and if anyone is looking for a lawyer i would recommend ours,as you have your own lawyer anyway you are ok,plus it would be nice to know if anyone on here has started taking action,i do know of a few but they are not on Eye on Spain.

Carol

Hi Carol

Thank you.

I will keep you up to date as soon as I know more from my side.

Thanks

Jill

Hi

Has anyone got any new info on Valle Romano,seems to have all gone quiet.

Carol

Hi Carol

We don't know much about what is happening but have faxed our contract details to lexland to see how we stand. We are buying in Capitolio , is that a different phase to you and when should yours be completed by ?.

Regards

Sue

Hi Sue

We are buying in Estoponia and it should be ready Spring 2009,even with the 6 months they are allowed to extend to i cant see them being ready.

Our solicitor has been down to romano and i am just waiting for her to get in touch to tell me whats happening.

When should yours be ready?

Carol

Hi Carol

We are not sure of the dates as we paid our deposit in May 2006 and  thought that it would be before May of this year but have been told end of the year now but they could extend to Summer 2010 , they are checking out our contracts. Even though we put down our money in May06 it took  11 months to send through the contracts ! and they have taken it from the date that they issued the contracts 18/4/07.

It hasn't helped that we bought through another company who have been in difficulties for some time and so we don't know exactly what has been going on and communication has been difficult especially as the girl we were dealing with at the sales office left in April just after my trip out there.

Regards

Sue

Hi Sue

Gosh they have had your deposit a long time,even from 18/4/07 thats a long time, our deposit was paid in 2008 and property was supposed to be ready Spring 2009.

Have you got your solicitor onto it as it doesnt sound too good.

Its my husband and son that went in for the plan i didnt want them to and i am not really keyed up with it all,but our solicitor is in Albir costa Blanca and she is dealing with it,i really just hope we get our deposit back.

Carol

Hi Carol

We are looking at the possibilies of money back at the moment through Lexland but think that it is just as well that we don't complete yet as it gives us some time to decide what to do and see how prices,values etc pan out.

The development seems to be progressing and maybe it will be ok, but we are concerned to see if the valuations stack up and if the Bank owns the development, will the values be accurate. (Am i being synical  and too suspicious ?)

Are you going to live in yours or rent it out ?.

Kind Regards

Sue

Hi Sue

We were told they would rent it out so that the income would pay the mortgage then after maybe 3 years we would start earning money from it.

I think the way things are going everyone has the right to be suspicious after all we have put a lot of money into it.

Carol

Hi Carol

We were told that too but don't have any information about it  yet as we were told in the summer that they hadnt finalised things on that level, maybe another thing we have been misinformed on, will check it out

Regards

Sue

Has anyone actually started proceedings for execution of the BG ?

If anyone needs a lawyer,i must reccomend ours i am really pleased with what she has done so far,she has been to court,notary ,Labour administration.Townhall,  and even Valle Romano! I dont want to say on here what is happening but i am very impressed with what she is doing,She is in Al Faz Del Pi in Alicante Province,So once again if anyone needs a lawyer she is good.Also the more clients she gets on this case the cheaper it will be,i say that because someone else mentioned that ,dont know if it was Lexland

Carol

Hi Everyone

I spoke to Valle Romano this week, our property is in Capitalio so not about to complete as some of yours are, but i have been talking to them about the thought of using them to rent out  the apartment and  the guaranteed income. That may be for the Tourist apartments only,  i'm not sure but VR said they would not have told anyone they would guarantee the income to cover the mortgage payments . Have i misunderstood this or do other people not buying Tourist apartments think the same as me ?.

Regards

Sue

We were definetly told they would rent apts to guarantee an income for mortgage,we told this to our lawyer and she asked did we have it in writing,we did but it was what the girl who sold us apt had written herself and as our lawyer said it was no good as anyone could have written it, so that guarantee was worthless.

Carol

Hi Carol

When i asked about the scheme last year, i was told that they didn't have the details just yet !. This was the same person that said there was no scheme and how could there be, no-one could guarantee rental income. Someone is either lying or misinformed.

We are awaiting photos of the progress. I looked at the plans and we are in Capitolio opposite Villa Borgese. I asked for a completion date and didnt get an answer, we need to know what date they are working to at the moment but they don't like to commit themselves it seems.

Regards

Sue