Steps if developer applies for insolvency status

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05 Jan 2010 12:00 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 forum posts Send private message

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http://www.eyeonspain.com/blogs/costaluz/2746/lgel-tip-206-steps-if-developer-applies-for-insolvency-status.aspx

 Legal tip 206. Steps if developer applies for Insolvency status 
05 January 2010 @ 07:55 

There are lots and lots of information about this on Eyeonspain, but still I see people who seem not to know what to do if their developer is granted the insolvency protection by a Commercial judge:


A reminder today:


The main aim of an insolvency protection is to try to keep the life of the company. So initially nothing needs to make you think that the apartment will not be finally built or that all to come is disaster. Anyhow...


There are some things you can and you must do:


I) If you have decided to want to cancel your off-plan purchase and have rights to do so, according to Law 57/68, Contract and Consumers Law and related Case Law. You might be under two different circumnstances:


a) You have a Bank Guarantee/ Insurance policy according to Law 57/68. The good new is that: If the premises for its execution exist, you can  execute it  for the refund of deposit plus legal interests from the Bank or Insurer. No expiration deadlines which may be contained in the Guarantees documents count. Interests are always included, regarding the text of the document. The bad new is that in most of the cases a litigation is needed. Even if you decide to execute the Bank Guarantee, it is also advisable to register the credit before the Judge.


b) You do not have a  Bank Guarantee: First step is to registeryour credit before the Commercial judge governing the insolvency situation. There is a deadline of 30 days from last publication of the insolvency granting. You also need to direct a cancellation notice against the developer under administration.


Under this b) situation, if you obtained a favourable Court decission but you were not able to cash your Court decission against the company due to its insolvency, our proposal is to use compensation of damages actions against those who had to secure on the existence of Bank Guarantees/ Insurance Policies and did nothing about it: Civil liability action agsinst the solicitors´ Insurance company and action out of 1.2 of Law 57/68 agsinst the Bank which received deposits. 


II) If, on the contrary, you want to keep the contract alive. Once completion deadline arrives, you can start asking the administrator of the company for price reductions due to the delay and stablish a new completion deadline in order to have a new , extended contract. Otherwise, they may claim you are allowing extension for ever. I would also ask for a Bank Guarantee now too if you do not have it. At least you will have this written petition which mat be useful in the future.


Please email us if you have further questions regarding this.


Maria.


www.costaluzlawyers.es

 

 



This message was last edited by mariadecastro on 05/01/2010.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria


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06 Jan 2010 10:53 AM by Debs C Star rating. 21 forum posts Send private message

Feliz Maria - thanks for the information included, is it very likely or has it happened that the cleyton ges company has entered this phase.




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06 Jan 2010 11:30 PM by Keith110 Star rating in the UK and I am lead.... 681 forum posts Send private message

Hi Debs C

As of today, 6 Jan 2010, we do not have any information to confirm that Cleyton GES SL has entered Administration.

However, on 16 December 2009, the Administrador Unico (Chairman/Company Secretary) of Cleyton GES SL was changed from GREGORIO CALVO OBARRIO to PEDRO ANTONIO GIMENEZ PENALVER.

This means that since May 2009 there has been 4 different persons in the role of Adminstrador Unico of Cleyton GES SL.

RAMON RAMIRO MAULEON - 2008 TO 22 MAY 2009
FELIPE AIX ROCA - 22 MAY 2009 TO 3 JUNE 2009
GREGORIO CALVO OBARRIO - 3 JUNE 2009 TO 16 DEC 2009
PEDRO ANTONIO GIMENEZ PENALVER - 16 DEC 2009 TO .........

Also on 16 December 2009 there was a Declaracion de Unipersonalidad for Cleyton GES SL:

Declaracion de unipersonalidad. Socio unico: FABULOUS BUSINESS SA

This means that a company called Fabulous Business SA which was formed on 3 December 2002 and has its registered office in Torrevieja is now the sole owner of Cleyton GES SL.

Kind regards

Keith
FINCA PARCS ACTION GROUP

email: 
fpag@btinternet.com

 



_______________________

LEY 57/1968
CLICK HERE FOR THE BANK GUARANTEES IN SPAIN WEBSITE

       
      

fpag@btinternet.com



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07 Jan 2010 7:05 PM by LONDAG Star rating. 1 forum posts Send private message

 

I've watched this forum for the last 3 years but haven’t posted as some of the participants have been dubious to say the least..... However we have just received the refund of our deposit from CAM bank who I have to say have honoured every part of their Bank Guarantee and with civility.
We have used a very good solicitor in Spain Montse Gómez Ferreres who has been extremely helpful and positive during the whole process and I would thoroughly recommend her to anyone hoping to get a refund of their deposit. Montse’s email is   m.bernabeygomez@gmail.
Good luck



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07 Jan 2010 9:14 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 forum posts Send private message

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 Great! Congratulations to you and your lawyer!



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria


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09 Jan 2010 1:24 AM by kingswood Star rating. 3 forum posts Send private message

Hello to you all!

 

I echo the comments of the above posting (e.g. dubious posting from Pablo Sebastian of BP Spanish Lawyers SL who seems to have a problem with English spelling and grammar – immediately set the alarm bells ringing), as with the posting from LONDAG my husband and I have today received the refund of our deposit + interest – see further details below.

 

We originally signed up with Aramis in 2003 to purchase at the Yecla development. As things were apparently not moving forward here, we were advised to move to the the Finca Parc development, which we did in April 2004. We were fortunate enough to receive a Bank Guarantee for our villa on Phase 4 (2006). However, as you all know, nothing positive seems to have been happening for some time now, so in July 2009 (following up on an email from PARCELA) we contacted Montse Gómez Ferreres. She has been extremely helpful, and until today all proceedings have been conducted successfully by email. However, the final piece in the jigsaw was to supply the original of the CAM Bank Guarantee before we could receive our refund. In view of the adverse weather in the UK, earlier postal strikes, post getting lost etc, I decided the best option was to send my husband to Spain to hand-carry the original CAM Bank Guarantee! This he did quite obligingly, and in fact seems to have had a very pleasant stay in Murcia (having successfully left Bristol Airport on Thursday and returned on Friday in spite of the adverse weather conditions)! He met with Montse, and Mr. Soler of the CAM Bank in the morning and brought home a very pleasing Banker’s Draft in the evening (interest from 2006, I think, and really not worth the hassle of chasing any earlier)!

 

The good news is that Montse is able to help all those with a CAM Bank Guarantee at a very reasonable cost of 1,200 Euro + 16%VAT (50% upfront, and 50% towards the end).

 

In conversation with Montse, my husband also found out that she is trying to set up a class action against Cleyton Ges for fraud, in order to try and recoup deposits for those without bank guarantees.

 

Montse can be contacted directly via email address given above.

 

Alternatively, if you wish to obtain further information, please send us a private email.

 

apolygies for any spellig or gramerr errors in this email

 

Best wishes

 

 

 


AnSo


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09 Jan 2010 1:27 AM by kingswood Star rating. 3 forum posts Send private message

for "above" read "below".....




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09 Jan 2010 1:46 AM by kingswood Star rating. 3 forum posts Send private message

ok, so it was "sunlover" and not "parcela"......not doing too well on my first few postings, but it is late on a Friday night../...early Sat morning......




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09 Jan 2010 3:27 PM by sunlover Star rating. 11 forum posts Send private message

Hi everybody,

So pleased to hear you have your money refunded Kingswood (thanks for the private email).  I was lucky enough to be one of the first to get my money back thanks to Montse and it's good to hear she has been successful in helping a number of people now, at a very reasonable cost.  I also had the pleasure of meeting her for the first time at the end of December in Mazarron.  Everything previously had been done by email and telephone from France!!

Good luck to those still trying to get their money refunded.




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09 Jan 2010 5:01 PM by Keith110 Star rating in the UK and I am lead.... 681 forum posts Send private message

It is good that CAM Bank are honouring their obligation under LEY 57/68 and refunding Finca Parcs purchasers with Bank Guarantees.  According to LEY 57/68 CAM must add legal interest to the refund and the interest should be from the date of the deposit payment until the issuing of the refund by bankers draft or bank transfer. 

Most Aramis clients appear to have paid their initial deposit directly to Aramis Investments (UK) Limited and were transferred from other 'Aramis' developments onto Finca Parcs.  It seems Aramis did not issue Bank Guarantees for any of the deposit payments for their other developments such as Yecla.  Therefore, for Aramis clients who were transferred to Finca Parcs the interest on the Bank Guarantee should be calculated from the date of issue of the Finca Parcs CAM Bank Guarantee or the date of the Finca Parcs Sales Agreement (Contract), whichever is the earlier.

We have been told by the Cleyton GES SL management that although Cleyton GES SL issued Finca Parcs Sales Agreements to all Aramis clients stating that a deposit of 10% of the purchase value had been received, in fact, Aramis had initially only paid 5% of the deposit to Cleyton GES SL.  When Cleyton GES SL requested the balance of the 10% deposit from Aramis they failed to pay it.

Aramis Investments (UK) Limited was placed into Administration on 17 July 2006 by which time it had already ceased trading.  The company was in Administration until 17 July 2008 when it was then put into Creditors Voluntary Liquidation.  All creditors of the company are unsecured.  Funds owed to Trade Creditors of Aramis Investments (UK) Limited amounts to just under £2.2 million.  In addition their are well over 150 individual investor claims registered against the company.

It seems that most Aramis clients who chose to go with Cleyton GES/Finca Parcs instead of Aramis have been very lucky.  Although none of them actually got the houses they dreamed of, at least they had Bank Guarantees and have finally managed to obtain a full refund with the addition of legal interest.  

However we know for a fact that not all Aramis clients did receive Bank Guarantees from Cleyton GES SL and CAM Bank because we have a number of Aramis clients in our Finca Parcs Action Group who do not have Bank Guarantees.

The Finca Parcs Action Group now consists of 44 purchasers with a total of 53 plots and we have legal representation by Maria de Castro and a Professor of Spanish Law from the University of Seville.

We have information from Cleyton GES SL to suggest that there are in total between 85 and 100 Finca Parcs plots without the legally required Bank Guarantees.
 
Last week I had a long conversation with Montse Gomez regarding Cleyton GES SL / Finca Parcs.  As stated below and on other threads she has successfully executed Bank Guarantees for a number of Finca Parcs clients.  She does have a few Finca Parcs clients without Bank Guarantees and we did discuss the possibility of linking her legal action with our Finca Parcs Action Group.

I feel that at this time it is important for all Finca Parcs purchasers without the legally required Bank Guarantees to work together in our fight for justice.

Kind regards

Keith
FINCA PARCS ACTION GROUP

email: 
fpag@btinternet.com

 



_______________________

LEY 57/1968
CLICK HERE FOR THE BANK GUARANTEES IN SPAIN WEBSITE

       
      

fpag@btinternet.com



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Previous Threads

LA VERDAD NEWSPAPER ARTICLE 16.12.2009 - 0 posts
is this the start of the end? - 3 posts
CAM BANK LIABILITY UNDER LEY 57/68 - 2 posts
FINCA PARCS ACTION GROUP - NO BANK GUARANTEES - 1 posts
Lack of Confidence in the Latest information - 4 posts
CAM BANK REFUSING TO PAY INTEREST ON BANK GUARANTEES - 14 posts
REFUNDS LAS HIGUERICAS FINCA PARCS - 51 posts
full refund + interest - 5 posts
GILLS DAUGHTER DOES A RUNNER - JUST LIKE ANTONIO - 5 posts
Phase 2 deposit refunded - 8 posts
Phase 1 Success - I've got all of my money back!! - 3 posts
CAM BANK ARE STEALING YOUR MONEY - 0 posts
DAVID HAMMERSTEIN - MEP - 26 posts
PRIVATE MESSAGE ME TO JOIN CLASS ACTION AGAINST ANTONIO AND CLAYTON GES - 8 posts
DAVID MILLIBAND - FOREIGN SECRETARY - 10 posts
Return of deposits for latter phases - 17 posts
How do you get your car through the gates to your property??? - 3 posts
Hotel Cenajo Closure - 1 posts
Completion dates - 9 posts
Denise - 1 posts
Update on site (visited last week) - 40 posts
ANYONE HAD THEIR COH YET? - 0 posts
David Bailey - 0 posts
update on Finca parc - 63 posts
The Finca Parc guarantee. - 0 posts

10 posts were found:


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