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Spain forumsSimpleOverseas / Inroal - how do I get my money refunded



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Posted byMessages (sorted from oldest to newest)
Monday, October 22, 2007

vancy
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I paide deposits on 2 apmnt's to be built in Almeria by this developer, Inroal, 2.5 yrs ago. The agent was Simple Palmera (aka Simpleoverseas); the apartments never went ahead; I have been promised a refund for almost 1 year now but I just keep been given excuses; it is a substantial amount of money. The agent tell me they are chasing the Developer. Any suggestions?



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22 Oct 2007 11:51 AM

georgia
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Hi Vancy,

Your agent is you first point of call and is pretty much responsible for getting your refund.

They may be reluctant to do so if they have been paid there commision based on the fact that the property will complete.

If you have paid a considerable deposit then you need to instruct your solicitor to start proceedings against them or at least give them a nudge in the right direction.

If the agent is reluctant to fight for your cause and you feel you have been mistreated then make them aware that you will take this further and involve them in the litigation,they are members of the AIPP(glorified boys club) but worth a try and i notice they have an ISO number so you may get some regresss through trading standards.

By the sounds of things you will need legal help so instruct a good solicitor and read through your contract to see if there are clauses against failure to complete,in tyhe current climate with builders falling into finacial difficulties it is wise to act quickly before there is still somebody to pursue!!

Regards

Georgia



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21 Apr 2008 11:24 PM

bulgaria1974
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Hello

Just wondered how your case is going? As I am in the same situation with a property that I have purchased from Palmera S L in Almeria (Mediterrean Phase III) and have just discovered it has not been built after 4 years! All I am getting at the moment is expensive quotes from solicitors with uncertain outcomes even though I am in the right and they have broken their contract on atleast two counts. Basically I am having no joy at all and would love to pick your brains!

Please drop me an email on nicelittlemover@live.co.uk

and I will happily give you a call - desperate not to lose my deposit.

Jason





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22 Apr 2008 9:43 AM

LifeOverseas
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Hi Vancy,
I have seen a similar post on another forum related to this company and I made the same point as Georgia, they are an AIPP registered member and therefore are obliged to provide you with a safe buying process. Additionally, assuming you have a bank guarantee for the deposit you made which should entitle you to a refund of the deposit you made.

Good luck

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22 Apr 2008 1:16 PM

Gillespie
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Have you tried to invoke your Bank Guarantee.  It should pay your deposit back with interest?

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"The problem with realising your dream is that it becomes reality, and reality is what you were escaping in the first place." - Me




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22 Apr 2008 4:11 PM

vancy
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Thank you Gillespie. But what bank guarantee?  I am not aware of how there could be a bank guarantee. I do have a name of a Solicitor firm (Gomez de la Cruz & Puertas) that directed me to send funds to their Clients' account (their client being Palmera Properties SL) and the account being at Banco de Andalucia, Avda. Condes de San Isidro No. 4 29640 Fuengirola



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22 Apr 2008 6:19 PM

Gillespie
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It is illegal to sell a new build property without a bank guarantee from the builders.  I would suggest you request a copy of your bank guarantee from your solicitor.  If you have no joy, then you should employ another solicitor to fight your case.

 

Maria de Castro is a good solicitor who will help you if you decide on another solicitor.



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22 Apr 2008 8:04 PM

sunnymim
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I purchased through the then Simple Palmera in  March 2004 for an apartment on CDS.By 2007 the development had still not been completed.I instructed Maria in March 2007 and in October she handed me a cheque or 57,000 Euros for the return of my deposit.I suggest you contact her ASAP.Gomez de la Cruz & Puertas are the lawyers recommended by Palmera!!!!.Good luck....



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20 Aug 2008 10:13 AM

stephenhodgkiss
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The Gomez lawyer you refer to in your post, is not your lawyer i'm afraid. This is Palmera Properties own lawyer. There is a separate forum regarding PALMERA PROPERTIES and on this forum you'll find many people who have lost out thanks to their illegal activities. One of the owners, Gotardo Rodriguez is due in court again in Sept/Oct to answer to several charges bought against him.

I suggest you contact IURA Lawyers who are already fighting for us. They are based in Fuengirola and are upto speed with the whole situtation and now representing more than a 100 families against PP.

contact Naomi Webb at naomi.webb@iura.es they also have a website www.iura.es/eng/index.htm


Regards
Steve



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21 Aug 2008 3:55 PM

vancy
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Thanks for the tip Stephen. So far, about 5 different solicitors have been recommended to me - hard to know which one to choose, if any. The Agent, now Simple Propoerty Group (or Simple overseas) say they have a case pending against Inroal; i have talked by phone to their lawyer; he seems determined but I need to give him power of attorney and he is also requiring funds from me to properly represent me. I guess it would be wiser to get my own solicitor. Nonetheless, i am being told that Inroal have no money, that the only assets they have is land and it would depend on the proceeds from its sale as to how much we would all receive eventually.



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