Phase 4

Hello All

I was at the Vista Hermosa development in June 08 and again last week (December 08),  there has been a huge amount of progress on all of the phases.  Phases One and Two look almost complete, I also called into Promaga in La Linea and was assured that Phase One was complete and would recieve the licences in December and Phase Two would get the licences end January 09. 

I understand that Promaga are experiencing financial difficulties, as with all developers in the current climate, however, they are certainly still working at the development and appear to be close to completion.

Wishing you all the best for christmas and the New Year

Karen

Hi everyone

Could somebody enlighten me,  there seems to be some conflicting information about the license of first occupation for Phase 1.  Plus are the licenses in place for any of the other phases also has anybody moved in on site. ?

If the banks are pulling the plug on mortgages, how do promaga expect anybody to be able to complete?

A  christmas update would be nice from anybody close to development.

merry christmas

calvin & elly

Hi all interested in Phase 4.

I have today met with the La Linea representative office and summarise the below:

a. Phase 3 houses are available to be occupied from now

b. Phase 4 will be finish constructed by end of March 2009

c. Certificate applications will take place from then, and could take up to 3 months to be finalised (i.e end of June 2009)

d. Mortgages by Banesto still stand, however it is up to you to change and this will cost upto Eur10k for change of deeds

e. Kitchens may not be fitted if you opt to take Eur6,000 as a discount to make your own kitchen.

This seems like some good news, unless someone is hearing anything different already?

I have been told to expect contact from Promaga in April 2009.

All the best to all involved

Gibbuyer

Hi,

I heard from the Lawyers of Spain solicitor last year where she advised me that if Promaga do not complete by the end of Feb 09 there is a strong case to file for the return of my deposit under the bank guarantee. Just before Christmas the lawyers contacted me saying that they had been in contact with Promaga who assured her that they would complete Phase 4 by the end of Feb 09.

Has anyone else had this information or think this is likely?

Regards

Pete

We were told that if not completed by the end of January we would get our deposit back as we should have had completion at the end of October 2008 and courts will give 3 months leeway on this. At this time Promaga had stated they would finish at the end of March.

Hi Tylersol,

So will you be claiming at the end of Jan?

Regards

Hi

we will try as the state of the economy (here and there) means our apartment is not worth what we will have to pay.

Hi

Well Not sure where to start....

I bought a flat in Vista Hermosa Phase 2 block18 and they told me it would be ready in December 2007 a whole year has gone by and I am still waiting.

I have paid over 40,000 Euros and they just give me excuses that its delayed cause of this and that.

I really think that instead of all of us complaining in this forum about our problems we should gather together with one assigned lawyer for all of us and take these F...ckers to court !!!

My lawyers from Hassan and Partners have told me that the chance of winning is very high and that we could either get our deposit back or reduce the amount of the mortgage.

He also told me that if it was a group of us with the same problem then our chances would be even higher as the courts would have to take a view!!!

Manuel Gavira the owner and respresenter of Promaga, is very well off and has all areas covered, but he has an obligation to his clients which he has to meet and is not doing so.

Should any of you would like to join forces with me I would be more than willing to meet up with you, I am from Gibraltar I am not allowed to post my e-mail address just now but I shall be checking the forum on a regular basis

Either way with or without any of you guys I am taking them all to court !!

I am sick and tired of them all

Regards

Marcus

Hi,

What I can't understand is if they are saying to lawyers that phase 4 will be finished at the end of Feb, how yours has not been finished yet and the lawyers aren't saying anything more to them.

Do you have a bank gaurantee? I thought with that the law was on your side.

I will be filing to get my deposit back in Feb.

If that fails I am with you.

Regards

Hey

Thank you for your reply very kind of you.

Ok I am not sure about the bank guarantee, but i am sure that no one will give you a penny back unless we go to court, further more if you do get something back I mean your deposit, please please I beg you inform me asap so that I may go through the same process, as I just want to get rid of the prop and get my money, I am really unhappy with the whole circumstances.

If you do getting something back, this is my telephone number I shall shorlty send you a private message so that you have it, you can call me whenever you like.

You know its a little crazy to put you number on a website like this, but I am so sick of it all I just do not care anymore....

I just feel we should start the ball rolling and hopefully we can get either our money back and with interest.

Manuel Gavira is becoming rich with our money and all I hear is bad things about him.

I hope that we will be able to joing forces and maybe we can do something about all this, which is causing stress in my life.

I hope to hear from you

Thank you once again for replying so soon

Regards

Hey

Sorry , I just rushed in replying and did not even read your message.

Regarding your question, how can fase 4 be ready by Feb if Fase 2 is still pending?

Have you been to the site to see it, I go every week since the contruction started and I can assure you that Phase 4 will take another year or so.....

Futhermore, the reason I assure you that you will not get your deposit back, is because the Lawyers and Hassans have reassured me that Promaga does not have a penny, futhermore, we would have to take them to court and the process to get the funds back would take as long as 4/5 years, this is if I go by myself that is, I am sure that with a stronger case we would be able to speed up the process.

I have a letter from my lawyer confirming the possiblilty of winning and how he see's the outcome, I would be more than willing to share this information with you, but not over the internet obivously.

Anyway, I am sorry to bother you again, but as you can see its of great concern to me as I am on the case every F..CUK DAY!!!

And I will not give up until I get a result !!!

Put it this way buddy, what would have happened if you had not met your part of the contract and not paid your installments for the deposit ??

What would have Promaga done if you not met the requirements of the contract? I am sure it would have been servere.... Cause they are blood succking Bastards!!!

I can also tell you that they have a CLAUSE by law that they may not delay the contruction more than 3/4 months after the agreed date due to finish, mine being December 2007.

Anyway, hope to hear from you and I hope this information is usefulll

Regards

Our solicitor says he has correspondance from Promaga stating that phase 4 will not be completed at all  and that we will get our money from the bank guarantee. If we claim in January we should get it by June is what we have been told. (this was in December 2008 but we were led to believe in this forum that things had picked up with phase 4 after this).We have a different solicitor to you however.

Hi All

Just want to ask if anyone as been in contact with their lawyers in the last few weeks?

I have sent several emails to Lawyers of Spain trying to found out where I stand with my property purchase on phase four but nobody as contacted me back.

Sent an email to ADH for assistance, received an email back that one of the senior partners at L.o.S would contact me shortly but still had no reply, that was over a week ago.

I am all for taking joint action on getting my deposit back. but with the extension we gave them with the build we can not file yet.    I do not think promaga will be out of contract with phase four until the end of March. If anybody knows different please let me know?

Thanks to  Marcus   Pjevens   Tylersol   and All for your constructed input.

Calvin

Hi All,

The lawyers have said that the bank is holding the money not Promaga so the deposit is safe. They also said once filed with the courts it should onlt take a couple of weeks to release the money, not sure how this would translate in reality.

It may be worthwhile getting a lawyer together, or at least speaking to one who has a good angle on the problems we all face.

Regards

Pete

Recieved today from our lawyers who I have to say have always replied quickly to our questions and concerns:

Hi,

Seems funny that Marcus1500 sees the site as at least a year away from completion. Would be interesting to see how much activity there is to complete. Maybe only certain phases are recieving all the attention.

I am going to Spain in Feb so will see for myself how far we are from completion. I for one will be filing for my deposit back at the end of Feb.

Regards

Pete

Hi PJEVANS

PJEVANS I am not too sure you are believing what I am saying here in these forums.

Ok I am not the only one in this sutiation, Barc07 is also in the same situation as me and in the same Phase as me Phase 2, you are in phase  4 and I can assure you that it will not be ready for Feb as you have pointed out.

I GO TO THE ACTUAL SITE EVERY BLOODY WEEK, I HAVE BEEN INSIDE NEARLY ALL THE HOUSES WITH AND WITHOUT THE PERMISSION OF THE BUILDERS AND I EXACTLY KNOW  I REASSURE YOU!! MY FATHER IS AN ENGINEER AND HE IS CONVINCED IT WILL TAKE AT LEAST 1 to 1 AND A HALF YEARS MORE TO COMPLETE>

I have suggested to Barc07 in a private message to join forces with me and discuss the issues at hand with multiple lawyers free of charge, I have been getting emails from lawyers in this website also, telling me that we should start litigation asap.

Promaga's financial situation is really bad and getting worse by the minute, Barc07 is in the same sitatuion as me where he wants his property but is sick and tired of all of this as he has been waiting for 5 long years!!!

Once again if you would like to joing forces with us please send me a private message and I will provide you with my personal contact details and we can arrange to meet up asap.

Should we decide to take this forward we have to move fast and swiftly, and make sure that we have our ideas clear of what we would like our outcome to be.

I hope to hear from you soon

Kindest of regards

Hi Marcus1500,

I am not doubting what you are saying only doubting what the lawyers are being told by Promaga.

I will contact you privately.

Regards 

I have also been told by LoS that I should wait and apply for return of deposit on 1st Feb. LoS have also their own problems - they are split and some lawers have move to the breakaway company Perez Legal Group.

PJEVANS - can I ask if you are in Phase-2 and your contract has not been honoured then why did you not claimed your return of deposit after 3 months of grace period? I suppose your were hoping to complete soon after that? The reason I ask is that we in Phase-4 have been told that we should get our deposits back after 3 months if Promaga do not complete on time (October-2007). What chance do we have if the courts think 6-8 months is normal dealy?

ADH wrote in July-2007 advising delay in completion to March-2009 and badgered me to almost death asking me to confirm recipt of the letter, which I did by saying that "I have received the letter and I understand its content" - I DID NOT SAY I ACCEPT IT BUT they (ADH) are using that againt me by saying that I can not claim my deposit back until at least July-2009! 

Looks like 3 parties - ADH, Los & Promaga are in this together to screw us all. I am also under stress over this. I only put my deposit down to sell it before the completion as I was conned into this deal by devious ADH agent - no fat chance of that now.

In the contract it says that even if we dont complete we still can get 50% back. I expect that could drag on and on ..

I am also very much interested in joining forces please. But I think we will have to wait until March-2009 to start the litigation. We should also look to go to a good independant lawyer, who whould have our interest at the fore front!

Thanks  

There are so many different views, statements and perceptions associated with this development at the moment. It's extremely difficult to understand what the actual situation is.

Just to throw some more confusion into the mix. I've been told that the "period of grace" or extension period that we all have in our contracts (usually 3 or 4 months) is actually invalid/not allowed. So, if the contract states completion by end Oct 2008, that's when you can claim breach of contract (ie. several months ago)

I've also been told that the letter that ADH sent out advising of the slip to March 2009 (which we also were "forced" to sign) has no contractual value at all.

Makes you wonder about the advice we are getting from our respective lawyers doesn't it. !!

My personal take on this is that until recently, Phase 4 was likely to finish construction towards the end of 2009. However, I suspect the Promaga have realised that the majority of people are waiting for the Feb/Mar point before claiming their refund back....... so, a few months ago they decided to pull ou all the stops and get the Phase finished as soon as possible. I expect that construction may be complete around the end of March, but actual completion (ie. issue of the LoFO) will be Jun/Jul.

Promaga have no money at the moment and are not settling claims from people who are in a far worse position than us. So, our best option is from the banks via the Bank Guarantees (if you have one). Obviously, the banks are also struggling at the moment as well, so will be using every trick in the book to avoid paying out. I suspect that any claims that you can get your money back after a few months wait  are highly suspect. I expect a long and costly legal battle with no guarantee of success.

The only true winners will be the Lawyers.