RODA THREATENING TO TAKE US TO COURT

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26 Feb 2009 00:00 by Davey T Star rating. 2 forum posts Send private message

Hi All

I decided not to go ahead with my 3 bed penhouse apartment as a spanish lawyer advised that no spanish judge would enforce roda to obtain permission to take any more monies from me I have already paid 83,000 euros plus the initial 6,000.  Roda are now saying that they have already won a case in December of 2008 as someone else decided not to proceed.  Bearing in mind we bought into a package, i still have all of the literature, and it appears that none of this is happening now.  I have asked the question as to where i stand and also the solicitor representing me, (recommended by Roda!!), how they can get away with this as in August last year, the property wasnt ready and that was18 months deadline when i could have had all my monies back.  Why didnt our solicitor advice us of this option, simply because hes recommended by roda maybe.  I was advised by Roda admin staff upon visiting in Feb 2008 that they had up to 3 years from start of build to complete, i now know that this was a complete untruth.  Has or is anyone else experienced this problem and if so can you advise what has happened or help in any way.

David




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26 Feb 2009 13:54 by searay Star rating. 236 forum posts Send private message

strange situation , calidona are prepared to take legal action against people who cannot complete but who are prepared to walk away from there deposits thus enabeling calidona to resell the units at a discount ?

funny though they can be years behind schedule , have quality issues with phases one and two , wash there hands of snagging defects , fail to deliver facalaties , mothball phases and then chase people for not completing when if they had delivered the product on schedule as per point of sale they would not be having these problems to deal with .

why tie up resources to chase people when in all likleyhood if they have taken appropriate legal advice in the uk there will be nothing to get , when they could sell the units at a discount ? they are also addopting the same stance with corvera , does this give an indication of the real property market in spain at the current time when tourism is down 20% on a year ago .

or are they just bluffing ?  who knows




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28 Feb 2009 18:18 by erinjake1 Star rating. 61 forum posts Send private message

Dear Davey,

What do you stand to lose as a result of non completion? What is your angle to take to court? We are very interested in how you progress with this as we feel completely mis sold on phase 4.




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02 Mar 2009 19:18 by whatman Star rating in Kent. 63 forum posts Send private message

Interesting:

I am in the process of litigation with Roda on a phase 3b apartment. They (Roda) cold-called me in January saying that they had 'won a case' in December and that I should reconsider my litigation and that my lawyer was a waste of space! I spoke with my lawyer and she said this was normal practice and not to worry too much about it as they just want us to cave in and complete. I had a date in late March to go to court and state my case and Roda have already asked to delay this as their legal team is otherwise engaged.

I am going to stay for the duration. Worst case is I lose. I'll keep you up to speed as and when things happen (or not).

Whatman



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Whatman


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25 May 2009 10:17 by Garry Flatres Star rating. 1 forum posts Send private message

We also, despite paying 40% advance payments which ultimately we are prepared to have to lose, decided to pull out of a Phase 3b townhouse purchase, in view of delays and non-provision of promised facilites.

Roda are saying they will be taking legal action against us to enforce completion. Our solicitor who is based in Spain, is seeking Barrister's opinion, but it has all gone quiet for the past 6 weeks or so.

Would welcome any updated information that anyone has as to current position.

JB

 



This message was last edited by Garry Flatres on 25/05/2009.


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