Refund obtained

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Arenal Duquesa Phases 1,2,3,4,5,6 forum threads
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15 Feb 2009 12:00 AM by bobludgate Star rating in Sabinllas and Norwic.... 76 forum posts Send private message

Just to let everyone know that it is possible to get a refund if :

a) you were an original purchaser and did not buy a resale
b) your solicitor has a guarantee with an insurance company with your name on it and the amount you paid as your 30% deposit and
c) your apartment does not already have a habitation licence

We decided to cancel after 4 years of waiting and are now renting a property just up the road from Arenal Duquesa. We saw our solicitor at the end of November and got our cheque at the end of January.

If anyone wants more info, please feel free to PM us.

To all of you who are hanging in there, I hope you soon get the keys to your apartment and enjoy it for many years to come. We still love the area and may even end up buying one of the apartments when all the dust settles.

 



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16 Feb 2009 2:27 PM by Tamsin Star rating. 169 forum posts Send private message

16 Feb 2009 2:56 PM by bobludgate Star rating in Sabinllas and Norwic.... 76 forum posts Send private message

one



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17 Feb 2009 8:36 PM by mikedonohue Star rating. 121 forum posts Send private message

interesting think I signed my license




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18 Feb 2009 10:08 AM by laurdan Star rating. 441 forum posts Send private message

Bob! glad you received the deposit, I guess the first round is on you when we are next out there .

Give my love to Jane, hopefully see you soon.  Are you all still there or back home now?




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23 Feb 2009 12:20 PM by wflem007 Star rating in Bangor, Northern Ire.... 285 forum posts Send private message

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Yes, Bob & Jane, and a drink to us as well ! At this rate your refund won't last long.

Our solicitor is lodging papers this week at Court to get our refund.

Preinsur/Arenal have now had 14 months to refund us since we successfully cancelled Dec 07, and since then there has been a string of lies and broken promises.

Unlike Bob & Jane, who had their Bank Guarantee in place, ours was allowed to lapse mid stream, and so we had to sue the developer direct.

However, our solicitor has also added the insurance company to the hit list - will keep you posted.



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23 Feb 2009 6:03 PM by alanwspencer Star rating in Hertfordshire/Duques.... 340 forum posts Send private message

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At last we have our deposit back! Well not quite. My Spanish bank won't let my solicitor deposit it unless I leave it there for a minimum of 6 months.

I can have my cheque deposited into my solicitor's client account but the bank charges are quite high certainly enough to travel to Spain. However, it is not convenient to travel at the moment.

I can't transfer it because it needs to be in an account I can't travel to Spain just now to endorse it, and if my solicitor sends the cheque to me it can take 6 weeks to clear into my UK account!

After waiting all this time I can't believe it is such a problem and all because the Spanish bank are blackmailing me into leaving the money with them.

So it sits in my solicitor's office until I decide what to do.

I will worry less about it if the boys beat Hull City tonight. COYS

Alan



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23 Feb 2009 6:37 PM by bobludgate Star rating in Sabinllas and Norwic.... 76 forum posts Send private message

Need a win to many smug Man U, gooners etc in sab At least Fathoms wont give me a hard time being West Ham.

We found that you will have to part with some cash, no such thing as free banking in CDS but haggle us Spurs fans are good at that



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24 Feb 2009 7:28 AM by wflem007 Star rating in Bangor, Northern Ire.... 285 forum posts Send private message

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The whole property buying and selling process in Spain is a scam, one giant conspiracy against the ordinary (foreign) person who simply wants either a holiday or retirement home.

This has been allowed to develop and solidify over the past few decades with foreign purchasers being seen as rich pickings, especially when things don't go to plan.



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24 Feb 2009 11:47 AM by daffers Star rating in Southampton England. 24 forum posts Send private message

Wflem007:

I entirely agree with you, I couldn't have put it better myself.




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24 Feb 2009 12:46 PM by laurdan Star rating. 441 forum posts Send private message

Will after reading your thread with regards to the huge expenses you have experienced concerning your community fees etc, I must say I was very alarmed.  I only hope that due to the present economic downturn the masses are now not so free and easy with their money and the property management crooks are found out along with all the other shysters will be flushed out.




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24 Feb 2009 2:36 PM by wflem007 Star rating in Bangor, Northern Ire.... 285 forum posts Send private message

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Hi Laurdan

Didn't mean to alarm anyone, rather to point out some of the scam practices perpertrated by just about every one in the property chain that have been allowed to flourish and expand over the past few decades, so much so that it's now considered normal business practice to fleece every single cento at every opportunity.

Even our own Developer at Coto Real, Ros y Falcon, reputably one of the better ones, heavily advertised many features and facilities that have never appeared, and have, (so far), refused to answer emails from a number of Owners.

We even have in our possession an arial photograph taken of Coto Real that was doctored to show that one bloque had pools (which it hasn't) The bloque names had been altered ! On the strength of this one of our Owners purchased two apartments and when he found out much later he was totally ignored.

We had also been promised tennis courts, sports centre, swimming pools, children's play area, linked cascading waterfalls, commercial centre and hotel. None of this has materialised yet the majority of Owners who had purchased was on the basis of this. This was featured on all their sales brochures and web sites, and just to show how arrogant this developer is, it's still on their current sales material !

We have formed our own RyF Action Group, with new legal representation (the old one resigned in mysterious circumstances giving no plausible explanation) and we are following this all up. We have our own web site http://www.rosyfalconactiongroup.cotorealcommunityspain.com/ where you can see all the gory details. Don't forget this is supossed to be one of the better developers.

It then follows on to the actual purchase. I'm willing to bet money that no-one was told about the Rental Tax. This is another Spanish tax scam (they're at it as well) where you have to pay a Rental Tax - even though you may not rent out your apartment. Doesn't matter - pay up !

When completing our purchase at Coto Real we had to pay two sets of property registration fees, two sets of Notary fees, simply because we had a mortgage (due to Arenal not paying our Refund), 1% mortgage commission fee, and a host of other Fees that suddenly sprung out of no-where.

When I'm feeling a bit braver I will re-look at my solictors statement...........

Even our dealings with Arenal has been fraught - despite them being 3 years late in completing our original apartment they simply refuse to refund our 30% money, and we then had to find €5,000 to pay our solicitors to commence legal proceedings.

The whole system is entirely geared to suit the developer, not the poor bugger who bought in the first place in entirely good faith. The whole system stinks. Developers rely on the fact that 99% of purchasers will not have the money to sue and there's little to touch them. If one or two gets through, so what ? Cheap at the price.

Even look at our Town Hall, corruption is rampant, the Port is a disgrace, yet more and more taxes are coming in. Where's the money going ?

A case in mind is our own Penoncillo Road, which we both share. Both Ros y Falcon and Arenal paid €3 million up front to the Town Hall to have this finished. At the last count Town Hall was seen leaving Malaga Airport heading for sunnier climates and one hell of a party. Reminded me of a scene from Hustlers.

The fact is it's probably safer to buy property in Morocco or even Zambabwi even though Spain is supossed to be in the EU. It might as well be in some African despot state.

I have raised this at Government level with the Spanish Ambassador to the UK.

Regarding your Community Fees I would budget about €100 per month - it may be less but likely to be a bit more. This is another area that not only raises eyebrows but causes jaws to drop.

There used to be the joke about the $1 washer that by the time it reached NASA became the $10,000 washer, and Spain has the same system here except they then buy it from Nasa and then charge us €100,000.

No doubt brothers, sisters, nephews, third cousins and every other relative are all taking a rake, and this is another avenue to extract even more money from these rich foreigners. Er, that's supposed to be us, folks.

Some of the contract prices we are paying as a Community would make your eyes weep - we all know a dodgy quote and invoice when we see one except we seem to be the only ones. Our own Urbanisation management company simply seem to pay whatever is set in front of them. I mean, two gardeners, €15,000 for a month's work, oh, that sounds reasonable. Let's make it twelve months. Yeah, right.

Going off on a tangent, my big worry for all Urbanisations this year will be the dramatic rise of Delinquent Debtors unless all Urbanisations make significant reductions to their Community fees.

I submitted an Alternative Budget to them (by the way they never respond to my emails) where we reduced the Community Fee by 25% and still managed several big improvements to the Urbanisation. Have I heard anything ? Nah.

The penny has simply not dropped here yet. Whilst money was in supply, Spain could, and did, get away with it, but times have changed.

The rich foreigner is now the poor foreigner (and we were never rich to begin with) but to Spain it must have appeared that way, and it obviously still does.

Every bill here is now 25% dearer in real terms taking the sterling/euro exchange rate into account and unless everyone here wakes up to this and demands changes, the Costas are going to be a lot poorer in terms of finance and numbers visiting.

Numbers are well down already, Owners just don't have the money they once had and 2009 has just started.

Going to lie down now in a darkened room (again)...............

 

 



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24 Feb 2009 3:24 PM by daffers Star rating in Southampton England. 24 forum posts Send private message

Hi Will:

One costs you appear not to have considered is the new law regarding swimming pools in Spain

They now have to be fenced and gated around every pool in the development, if it serves more than 20 properties.

I know this is applicable in other countries, Australia and France to name two, but this will add subsantially to the costs, and pool fencing suppliers are sure to jump on the band wagon, especially as the pools cannot be used until they have been inspected and a licence granted.




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24 Feb 2009 3:40 PM by wflem007 Star rating in Bangor, Northern Ire.... 285 forum posts Send private message

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Hi Daffers

No, didn't include the pool fencing though that will apply to most people. Dear knows what charges are going to be levied for that, interested to hear from folks if they have had any quotes yet.

Bet they all turn out ugly and spoil the pool area to boot.

Anyone know to what height they have to be built ?

 



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24 Feb 2009 3:48 PM by daffers Star rating in Southampton England. 24 forum posts Send private message

Hi Will:

1.2metres high. Our commitee are currently obtaining quotes. We approved a budget of 25,000 euros for 2 pools at our AGM recently




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24 Feb 2009 3:59 PM by wflem007 Star rating in Bangor, Northern Ire.... 285 forum posts Send private message

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Daffers

Good grief ! €25K !! for 2 pools ? Are they the Chinese Olympic pools by any chance and you have to charter a private jet to get the crew over there ?



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24 Feb 2009 4:12 PM by wflem007 Star rating in Bangor, Northern Ire.... 285 forum posts Send private message

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sorry, forgot to add brothers, sisters, nephews and third cousins



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24 Feb 2009 4:13 PM by daffers Star rating in Southampton England. 24 forum posts Send private message

Wish they were, then perhaps the Chinese "cheapie" shop in Sabi might be able to supply the fencing




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25 Feb 2009 8:48 AM by Sanchez1 Star rating. 853 forum posts Send private message

Hi Will

Regarding the joke that is Manilva Town Hall - I read in one of the local newspapers here that their monthly wage bill is 1.1 million euros, whilst their monthly income is only 450,000 euros.  The simple solution would be to reduce staffing levels, but I think that´s easier said than done in the Spanish public sector. They also have a massive social security debt, which they haven´t been paying for years.  That would possibly explain why the Penoncillo Road has not been finished, although that hasn´t stopped them funding 20% of the cost of the new "Wine Museum" that is being built in Manilva village!

David



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25 Feb 2009 9:07 AM by Margo Star rating in London/Duquesa. 298 forum posts Send private message

Tell you what guys, seems to me there's a brilliant job waiting to be created out there for a Spanish speaking English person. They could be controlling those budgets in no time, approving the contracts, choosing the workers, and saving us all a LOT of money at the same time. Plus earning a very decent salary to boot. Anyone out there interested?

 



This message was last edited by Margo on 2/25/2009.


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Pages: 1 | 2 | Next |
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Previous Threads

Can anyone help - 18 posts
tarmac road - 7 posts
Long term rental wanted - 0 posts
Pools and gardens - 2 posts
Exchange of apartments - 7 posts
Block 7 Garage Gates - 2 posts
furniture packages - 12 posts
Annual accounts/AGM - 7 posts
CAN YOU HELP PLEASE 1st Phase, Block 7, Entrance 22, 1st Floor - 23 posts
Community Charges - 0 posts
TAX DUE! - 0 posts
Signing off - 0 posts
Place to visit - 1 posts
Road - 25 posts
Recommendations..... - 3 posts
Feliz Ano from Sabbi - 4 posts
Emergency numbers - 3 posts
Various PHOTOS of phases 2,4 and THE ROAD - 0 posts
MERRY CHRISTMAS AND A HAPPY PROSPEROUS NEW YEAR - 9 posts
Cancellation of contract & the return of funds? - 4 posts
mortgage lloyds spain - arenal dequesa - 1 posts
The road - 16 posts
First Visit to Duquesa - 0 posts
thank you - 0 posts
new road! - 3 posts

25 posts were found:


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