San Jose into liquidation.

Hi Louise

I dont know if your in Alicante to live or if it was just a visit.

We are in the UK and have hired the services of a lawyer/abagado in Spain.  We had to visit a notary in our town and then it had to be Appostilled (check the naming!) in London.

The whole process is costing £137.00 in the UK.

The lawyer fees are available from each lawyer on a table of charges and look like being much more reasonable than  first thought, due to San Jose declaring the creditors with the administrators (as i understand it so far). 

If your at the santa anna place your name should be on the list at the court, and you are already in a 30 day period to check and validate the amount listed. (again as i understand it).  You need to jolly up your lawyer to double check this.

Im not claiming to be an expert but for what its worth, use this advice to speak to your lawyer and check where you are at now.  You can hire your own notary, its pretty easy but do it quick if you need to....i think.  Best wishes

Brian

Hi Brian,
Thanks for the information. We live in the UK still but had the intention of living in Spain in the future. We have our appointment on Friday to visit our notary and have been quoted £200 and will need to pay a courier to deliver the power of attourney to spain along with the original copy of our contract.
 
We assume that our name is already on the list, but our lawyer has to first prove that we are true creditors, hence he is awaiting our original copy of the contract.

I understand that San Jose will be in breach of contract from September 08, so we await with baited breath!

Keep it coming if you have any more info and thanks

Louise

This message was last edited by l.lawson on 6/4/2008.

Hi everyone,
This is the first we have posted on this site but we have been reading it for a few weeks now.  I go on it every evening to see if there are any updates.  It seems to be the only way we get information quickly. 

I had an email from our Solictor today saying that San Jose has confirmed that we are on the creditors list but she is waiting to receive confirmation from the new adminstrators. She hopes to receive the confirmation next week.

We personally would still LIKE OUR HOUSE  and we wait with baited breath to hear what the decision will be.

Bye for now.
Babs & Roger
R4 506

Hi 2 all

I'm confused - are there 2 creditors lists i.e. one that San Jose has issued to the administrators [and presumably the one Abolex has seen] and the 'official' one that has yet to be listed on the BOE? Presumably the latter is the important one to be on!? Does the 30 day deadline start once the 'official' list has been published?

Keep smiling!

John R7 8

Hi Briando,

I have put a deposit down on a property on santa ana and have just read your response which states that the 30 day clock to contact the administrators has has started ticking. I have also read other entries from various solicitors on the forum that have said that they will watch out for this event and inform everyone.

Can you (or any other person or solicitor) categorically confirm that everyone needs to start the process of contacting the administrators as the 30 day period has commenced ????

Here's hoping for an advised answer for all of us....
Jim

Hi Jim

I was saying to Louise that if she is in the 30 day period then it needs checking and lodging, sorry if it was confusing.  Its the creditors of the herrada del tollo that is first into administration, im told, so i assume they will be the first to have the 30 day period starting.

I am with San Jose, with a deposit on Albatera (i seem to be the only one left on there!!!!!, maybe i will own the site before long, anybody want to buy a plot?).

The advice i was trying to put over is to make sure the lawyer is switched on to the clock in your own situation and that your claim is recognised.

If you dont have a lawyer then ask the ones on here for the creditors list when its available, they will probably go that far for you and oblige.....

Brian

I looked yesterday and the 30 day period has not started yet as the BOE/BORM has not yet been publicised.

There are two companies that have gone into administration in 2 separate courts in Alicante - Mercantile 1 and 2.  Herrada del Tollo  is the company owning Santa Ana del Monte site the other is I think San Jose Inversiones.  Not sure which sites they own as I have not been following that one in depth.

The creditors list was issued to the court for each company separately hence two lists.  The creditors list will not be published in the BOE/BORM you will need to ask your solicitor to obtain it.

Alternatively, if they are not fed up by now, Plusadvisors has the San Jose list and Martin Abolex has the Herrada del Tollo list and they may tell you if you are on it and the amount you are owed.

It appears at the moment that both companies have listed all their creditors. 

Thanks for that post Irwin Mitchel.

Is it fair to say the following is of immediate concern then.

1       The crucial aspect of the proceedings is for each person to be on the list of creditors.  

2       The two companies have declared the list of creditors to the administrators.

3       The list of creditors is not yet available to check, to see if you are on there or not

4       When the list is made available it is 30 days to ensure you are on there.

I read your post saying that people should be 'getting on the creditors list'.  It sounds like there should be something we should be doing.....but what is there to do until the list is published please? 

If you have the list, can you publish it.

Regards

Brian   

Dear All,
            here is the reply to SARC's  question about the creditors list from Costa Blanca News ( there will be further update when we get it)

Anthony,

 This is the answer from the Law professor at Alicante University.

……………………..

 

“The list presented by the company is useless. They must be included in the list made by the three administrators pointed by the court to get their money back. The administrators have two months time to make the list. If the client is included in the list and the amounts are correct, the client has no problem. Maybe the lawyer wants to be sure the client is included and therefore he needs the contract and other documents to proof the amounts the client paid.”

……………………………..

However I agree that some lawyers are trying to take advantage of the situation to make large amounts of money and rip off property buyers.
 I will look into how much different law firms are charging to put buyers on the creditors’ list.

 Cheers, dave

Brianmags R4 556

Dear All,
regarding the reply from the law professor at Alicante University obtained by CBS for SARC I asked : Do we need to present our contracts in court if we are on the creditors list posted by the administrators at the court?  It would appear from the reply that if you are not trying to get your money back power of attorney is probably not necessary for the presentation of documents, which is only needed if you are not on the administrators creditor list or the amount is wrong.

I will not make any further comments other than I am awaiting replies on further questions, which , CBN, are trying to help us with and when the answers are recieved they will be posted for you all to see.

All the best to you all

I want my House

Tony R17 18

Hello,

I have been told by my agent that he has seen a letter from san jose to my husband and i with a court reference number on it and that he has been told by san jose that all creditors are listed.
We have waited nearly 4 years for Albatera and only this April switched to a azucena at El Pinet.

At the end of april this year, we had a meeting with our agent and Almudena (daughter and person in charge of san jose). We were told our house which is almost complete would be ready for us in jan 09.
At the moment we are not prepared to go down the long stressful route of the courts (WE WANT OUR HOUSE) There may be some decent lawyers out there, unfortunately i have only met one in my lifetime and he does not specialise in spanish law, there must be a lot out there only too happy to try and exploit and cash in on peoples misery!

I am waiting to hear from Almudena about the current situation with El Pinet and i will post any information i get from her, i have als asked her to post something on the forum, wether she does or not remains to be seen!

FAR

Has any one else had an email from psi consultants asking for a bank transfer of 2300 euros so they can act on your behalf with the courts. Personaly i think this is a lot of money to part with and we would still have to get to spain or hire an english solicitor to do the paper work for the notery. I am a little worried about this. Does anyone have any other news or advice as to the jumilla site or san jose. many thanks. 

Sharon and richard 

Sharon & richard

All you should be paying for at this moment is Power of attorney which costs around €200.00. many of the solicitors will have a payment plan based upon getting your investment back. Ours for example ask for payment in 4 equal shares during the course of action but what you are being asked for is somewhat excessive so i would definately check it out.

darren

We had to go to London to the notary to organise power of attorney. it has cost us roughly £350! Once our lawyer recieves this, then he has the power to act in litigation for us. He hasnt mentioned his fees, though i did ask him, but he managed to avoid answering. I cant believe we are in this situation - its just dead money!

This was posted on I want my House and SARC . 

Dear all I write this with the permission of Justin and EOS.
     Notice to all members of SADM community we now have a website for the coordination of " I want my House" or "Quiero mi Casa" under SARC. we will be uploading documents eg letters ask for siupport in the campainge for various interested parties at the moment it is fairly basic but over the next few days and weeks it will develope.
here is the addess
              http://www.santaanadelmonte.org/index.html 

yours 
Brianmags R4 556
We want our House

We are growing join the campaign and take postive action!
TonyMal  R17 18

Re power of attorney

Funny old game, as they say! Having checked various quotes from the solicitors on this forum who have been very helpful [which we appreciate], we are using our Spanish purchasing solicitor in regard to the creditors list/administration process and he says he does NOT require power of attorney at this stage, but maybe later. For your information, he says the " in the Lawyers' Official Legal Fees Book of Murcia the fees in your case is aprox. 2.000 € for all the process" but as existing clients we are being charged 1200 euros. We have instructed him to push for SADM completion initially but to recover funds [obviously] in the event of liquidation. Our one concern, like other buyers, is the timescale if SADM trundles along!

Keep smiling!

For those who have not yet instructed a lawyer, time is now of the essence. Once the final notification has been made, you will have one month to communicate your credit. 

Sorry to get technical but i am not fully understanding the second paragraph, lawyers are usually very precise with wording so i need to clarify.

You say there is 30 days from the last publication to ensure we are on the list of creditors.  Then finish by saying 'each time frame since the last publication'.

Did you mean each time frame FROM the last publication, which we still await..............the word SINCE would indicate the publication is already made........which one please?

Brian

Briando 55 and all:

 According to provisions 85, 21.1.5 and 23 of the Creditor´s Meeting Act, It is 30 days starting from the date of publication of the judicial order of creditor´s meeting in the last publication among the following ones:

 a) National Official Gazette.
 b) Newspaper of the Province where developer has its address.
 c) Newspaper of the Province where developer has main commercial interests.

I would say that Alicante´s La Verdad de Alicante suffice for  b) and c) and, therefore, once the publication in the National Gazette is made, thirty days need to be counted. We will let you know once the Gazette announces it.

Hi to all,
Just a line to let you all know that we now have both creditors lists for "Herrada del Tollo SL" and "San Jose inversiones y proyectos urbanisticos SA".
Anyone wondering if their credit has been recognised, please feel free to send us a p.m.
Kind regards, 

For BARRY210357

My name is Kathleen and i am from Ireland and seem to be in much the same position as you. I have bought a property in Jumilla through Amba Sun also. Have you decided how you are going to fight this case or have you decided who is going to represent you . Do you know of many other people in the same situation and what route most people are taking.

Kathleen C

Hello everyone,

Reading the siesta fiesta forum today, there is a claim that Irwin Mitchell has said that San Jose has announced that they are bankrupt! Can anyone shed any light on this, perhaps Irwin Mitchell could clarify this.
It seems it is a bank holiday in spain which is probably why i have not received a reply from my agent.

Kathleen i am from N.Ireland and i am going to see a lawyer in Belfast next week who specialises in spanish law (he was reccommended by our family solicitor) i dont know who to trust anymore in spain so i am going to see what he thinks about it all.

If you would like to contact him just pm me and i will forward his details to you.

FAR

Far & Kathleen,

Did you have a solicitor when you originally paid your deposits? You should, as a matter of urgency get in touch with your agents. They will be able to advise you. I know a lot of clients are taking up the offer of group action with a few solicitors 2 of which are on this website, Arbolex & Maria de Castro. Both are very helpfull.
It is important that you get onto the creditors list asap. You'll need to have your contract and proof of payments made. These need to go to your solicitor and then passed to the administrators.

I urge you not to waste time the creditors list's for both San Jose and Herrada de Tollo have been released as far as I am aware.

Kind regards

Far

If you are going to a solicitor next week, make it monday morning because the process is getting fairly advanced now.

Regards

Brian

Hello,

Thanks for the advice, we are on the creditors list already but we want our house which is nearly finished. I am going to see a solicitor here at home who specialises in spanish law just to get another opinion. Unfortunately our spanish solicitor has connections with san jose and up until now has been of no use what so ever! so we may decide to go with Maria or Abolex we will see what our solicitor says at home here first.

Can anyone confirm if San Jose are actually bankrupt, when will we all be told the truth, i would have thought the administrators would be keen to try and avoid actual bankruptsy!

WE WANT OUR HOUSE AT EL PINET

Almudena if you are reading this would your company San Jose please post something on this forum!

FAR

From what i understand the administration process is showing the companies to have a great deal of equity in assets which far outweigh debts.

That sounds good enough to think it is not a case of bankruptcy at this stage, the administrators will judge that though, i understand, during their process.

When you have a chat with your soilicitor ask for the details of the debts, assets, trading figures etc.  I am fairly sure this information is available to lawyers through the admin.

Good luck

How can a lawyer get in touch with me knowing my name, email address and the amount I'm asking SJ to give me back if I have never contacted him. Amazing .... I think someone is benefiting from an information that is suppose to be confidential .... I´m really angry with this situation!!!! ... I don´t know about you, but I rather get in touch with my lawyer and not otherwise!!!.


This message was last edited by algsso on 6/12/2008.

San Jose might infringe its confidentiality policy that way too. Hum!