Miguel Gonzalez Raya

My solicitor won our case against HUMA last year - we then got the sentance enforced and went after HUMAs assets.  At the present time my solicitor has not been able to find any assets that arnt mortgaged to the hilt.  From my experience it would not seam viable to take further action against HUMA.  There is one person (Andylynn) who feels his solicitor has found a valuable asset - unfortunately (but understandably) he will not give any information on this asset until he has his money back. 

There has been a number of discussions about suing the banks on the basis that they should have given everyone a BG (by Spanish Law) or even suing your solicitor for bad advice.  Both of these actions would depend on succesful proof that HUMA can not and will not repay your money - if you were to go down that route then you would have to enforce the sentance against HUMA and try to collect your monies from them - when that was not possible you would then take out another action against the bank/solicitor.

Hi Nigela.Thanks for replying   .We have asked the solicitor about  sueing the bank and old solicitor.He wants to keep this ball rolling at the moment and that will be the last he will try , will cost more money ,so basially stick to this for now and see what happens.

Thanks Halegate . We are going to put what you wrote to our solicitor,not quite sure what it means, but we are willing to give it ago.We can't and won't give up.Let you know what he says.

Hi all

I spoke to our solicitor about issuing a winding up order against Huma a few weeks ago, but she did not recognise the term "winding up" although she did say we could ask for a bankrupcy order, but we would have to pay out more money for that. I would have thought that they both mean the same anyway.

I don't know about everyone else, but we don't want to risk any more money. I still believe that the money is out there somewhere, but hidden under a different name, and if we could only find it we would all be ok. I have been saying for a long time that the only way to do that is to employ a private detective and hope that they can find the money. That again would cost even more money and unless we all chipped in, none of us would be able to risk the full cost on our own. Mind you, saying that, if it was guaranteed that we could recover it I think my husband and I would be prepared to do it. Think about it, 1800 Brits, assume they paid an average of 50000 Euros each = 90,000,000. How the hell has Huma managed to "lose" that amount?

It just keeps getting worse every day.

Lin and Tez

Hi all,

The term "winding up order" is in the U.K a term used to to wind up the affairs of a limited company and to hold the directors responsible for there actions.

An initial statutory demand for payment,backed up by a court order is sufficient for a winding up petition to be served on the company at there regestered office.

The equivelent process in spain is probably a Bankrupcy petition seved on the company this will bring all  kinds of things out of the woodwork, the only concerns are whythis has this not been actioned by one of the suppliers owed many thousands by huma?

The answer is i think that the creditors have been told they stand little chance of ever seeing there money,but if left to trade out of insolvency they might see some returns(fat chance of that) It would also be the end of the legal gravy train with no more unsuccesful but costly court action against Huma,and as for the directors,,In the u.k "it is a criminal offence to knowingly trade while insolvent"if the same applies in spain then they are for it! but the longer this goes on the more the solicitors make and the associated costs rise costing us all more money with very little chance of a return going down this current route!

How  about  we all  in chip  in  to  get a bankruptcy  order  on  them.  I  would  be happy  to.

Me too. 

What about the private investigator might as well do the lot it won't be much between us all.

I would be happy to club together, it seems ridiculous that we are all paying separately to try to get our money back. 

I don't know how many people on here are in for £50,000 but there must be a few baring in mind that 1800 people were conned into parting with their money. I know some have had their money but I would d guess there must still be a lot of us. 

I really think we should try to do something together, surely if we managed to get at least 30 of us together we must be able to do something. I like most of you are just frustrated that we do not seem to be getting anywhere, and all we seem to do is part with yet more money.

If anyone is serious about getting together, please make me aware.  

Mark

Good luck Mark if you can get enough people together to hire a PI, as I have been trying since before Christmas. I estimated a rough cost to hire a PI of about £5000 for say, a months work, so if 100 were willing to put in £50 we stood a good chance of getting someone, but I only got 6 people willing to put in.

I have said this time and time again, the money must be hidden, as no way could Huma have spent 90,000,000 Euros of our money, which is what they must have had from us idiots who trusted the Bas----d.

Let me know by PM if you do get enough people interested, as My husband and I will definitely put in. We just want to get justice and prove to Huma that we will not let this go.

Regards

Lin and Tez

I am willing to do anything at the momment . I think if we could all get together and do some thing our selves it would be better then sitting here saying the same thing next year or loosing our money altogether and  wishing we had taken the plunge sooner. If nothing comes of it at least we have tried without to much exspense. I'm sorry i would not be able to organise any thing because i wouldn't  know  where to begin, but i will be willing to help with anything and pay. This has gone on far to long.

If we are going to follow this route, we will need a safe way of keeping the money for what it is intended, maybe an account that needs multiple signatures to access it, as I am sure that we are all now very wary of parting with any more money and risk it going astray. If anyone has any ideas on how we can do this please let us know. Also we will need definite numbers of interested parties so we know how much we each need to put in. If Mark wants to arrange something for the money side, I am willing to get in touch with some PI's to find out the costs involved. We really need to do something now, or we will end up with nothing like Trudge says.

Regards Lin

Count me in, I'm fed up of these spanish b****rds robbing us

Gazza

If we get enough people, we will meet up somewhere convenient. We will open a bank account as a consortium and we can pick who the signatories will be. I have already thought about it but I am not going to look into it further until there is enough interest.

 Thanks to all those that have said they are interested. If anyone knows anybody else who used to be on the ACC forum (which is no longer live) please try to contact them. I remember there were quite a few on there and I don't know how many have come over to here.

I will PM all the people that show interest.

 Thanks

Mark

Hi ALL

i AM HAPPY TO JOIN SOME KIND OF CONSORTIUM AND PAY MY FEE, HOWEVER IVE PAID OUT TWICE WITH NO JOY, THIS GOT ME THINKING THAST A CARROTT AND STICK APPROACH MAY BE BEST, IM NOT A FAN OF NO WIN NO FEE , HOWEVER THERES CERTAINLEY AN HUNGER AND DESIRE TO WIN, BECAUSE THEY ARE INCENTIVISED FOR RIGHT BEHAVIUOR, CONSEQUENTLY I HAVE BEEN IN TOUCH WITH SUCH AN ORGANISATION WHO ARE HAPPY TO LOOK INTO THIS, LET ME KNOW IF YOU WISH TO LOOK INTO THIS, oopps sorry for the capitals

http://www.eyeonspain.com/blogs/costaluz/3569/legal-tip-277-low-cost-action-against-banks-manifesto-by-costaluzlawyers.aspx

Legal tip 277. Low cost action against Banks. Manifesto by Costaluzlawyers 
22 May 2010 @ 08:46 

My opinion is that an action against the banks is more likely to be succesful that hiring a private investigator.  My believe is that HUMA have lost most of the monies we gave them on building work at ACC, backhanders, running costs, delays, land purchases etc.  They probably took large sums of monies out of the company when it was profitable - this it itself is not illegal (not in the UK any way) and when everthing went wrong they just carried on and tried to get the planning permission sorted - the recession came in and made things worse.  I dont think a PI will find any extra assets in HUMAs name.   You must also remember one of the reasons we all bought on ACC was the price was so good -  this in turn must have made HUMAs profit margins low.  If you really want to go for HUMA then I think try and force them into some form of bankruptcy/administration.  At least then an independant person would be apppointed to look at the way they have acted.  I would think if the directors had acted illegally then they would then be taken to court.  Unfortunately I don't think this will help anyone get their monies back.

My believe is the best way forward is going after the bank for not issuing the BG.  The problem with that will be more money up front as well probably having to change solicitors again.

Thanks for  that  posting  Reidpj.

I think  you  are probably  right,  lets go for the   banks.  I think  the  banks  will  put  a fight and  they will  have  very a strong  legal team.    It would  be  a good story  for the  press and the MEP's.  This  could  be our  only  hope.

The only way forward is action against the banks for not providing a guarantee,that is after exhausting the efforts against Huma and this needs to be done so the courts can see that the only course of redress is the none provision of security by the banks or the errors of the legal representation.

Your wasting your time and money persuing Huma,Bankrupcy would sort them out but zip would be returned to the smaller creditors,it would only halt the gravy train of that particular route to the solicitors who would then have to look at the banks and then,,turn upon themselves in a legal feeding frenzy!

Interesting and expensive times ahead..

I tend to agree that its best to go for the banks as they have messed up. Problem is if you can get the banks to pay, what will they pay? Deposit? No that needs to be Huma I think. Stage payments? They should be covered. Interest? I believe thats covered as well. All the legal costs?? Not sure! Probably not. I am in a much more fortunate situation than many on here as I have got my two stage payments back, however, I reckon I'm still around £12K down as I have lost interest on the mortgage I took out, legal costs and deposit. I would still be happy to join any group action and financially support, whatever that may be, as I still intend to make Huma/the banks pay!!! The Spanish legal system seems to be pretty poor though!!! I cant help feeling that part of the reason they are feeling it in the Spanish propertry market is that so many of us have felt the impact of their actions and lack of support from the authorites!!!

Hi Everyone,

I have just got this from Miguel and would welcome your thoughts.

We have studied other possibilities but we do not feel they would give you more chances of obtaining the money back. We have doubts that the court would accept a request to put Huma into administration because we would have to show proof that we hae been unable to recover the funds owed to you, and normally this would happen once the execution of the sentence has been unsuccessful. The same applies to the option of taking personal action against Huma´s owners. We would need to show proof that the action against the company has not been successful.
 
  Therefore, our advice would be to proceed with the request of execution of the sentence as previously advised. May I recall the e-mail I sent ou last May (please see below) in which I informed you about the fact that it will be difficult to obtain a good result, and the costs involved in this new action.

To sue the bank is an option but we have doubts about its feasibility. It is something we could study but please note that a lawsuit against the bank would be a completely different case, the costs would be much higher and again, the success of the action could not assured. This would leave a very dangerous precedent for the banks and I am sure that they would  put all their efforts to contest such claim.

 Not good news is it.

We have taken legal action against HUMA and won our case.  But they do not appear to have assets available with equity on.  I had a request from my solicitor last week to pay to them in excess of 6,000 euros for fees to date in winning the case.  Where do I go from here - I dont know - best advice to you - dont know - is it worth paying over all these fees with little chance of getting your money back?  Logically speaking I think the best thing is to do nothing - except you have lost the money you have paid out and just hope that sometime in the future ACC may be built and you will get your money back.  This is a very hard decision to take but I have blown about 10,000 euros on solictor fees and have got nowhere.