Bank Guarantee?, can anyone help?.

Hello all

I put a deposit down on an apartment on this development in 2002 but was well and truly swindled by Aifos and OVP, so I didn't complete, and sued for breach of contract. 

 I'm trying to find out if there was ever a BG provided either for individuals or a genetic one covering the whole development?.  Despite winning my case in court against OVP and AIFOS, the two year court delay meant I ended up with nothing, as AIfos went under shortly before my hearing.  The courts are now saying there must be a BG in place, but I've never seen one?. All I got was lies from OVP and their crooked lawyers telling us our money was safe!!

Any help with this would be greatly appreciated and of course kept confidential if messages by PM are preferred?.

 Hi we bought a property on angel through euromiraflores (Raphiel and Maria) if you google them it comes up with contact details. Raphiel owns a few apartments so he should def. know. We were told there was one but then again we were shown artist impressions of the complex which were nothing like what we got.

gs

thanks for your reply.  I was a bit shocked that not one person on that development apart from you has even bothered to get back to me? Is it any wonder little gets done to help fellow Brits in Spain when they wont even help each other with a bit of important info'?.

You are right, the complex impressions were just a lie really. We knew one buyer who even worked for OVP and found there 'Penthouse'  apartment had a another story built above it!!.   When we sued Aifos for breach of contract they sold our apartment... 'by mistake'.... and offered us another one half the size for the same price, good eh!

The BG issue is gathering pace, and is one that can't be ignored if enough people sign the petitions available and pursue their cases which is after all law (for what that's worth in Spain?)  I'll google euromiraflores and see if it's any help?. 

All the best and thanks again.

Hi

Sorry I just saw this.

I havent heard of the bank guarantee, but Banco Andalucia was the one Aifos was dealing with for the whole thing.

The address is

Dirección Territorial Andalucía Oriental
Banco Popular Español
Málaga OP.
C/ Marqués de Larios 10-12, 29005  Málaga
Tfno: 952 12 23 00    Fax: 952 21 39 40

I think it will be very useful to contact the notary where Aifos had everything done for the development. I went there went I was president to find out about our Building insurance. I had to pay a small amount to get the document (I think it was 12 euros) but they have everything there.

The address is:

Malaga

Phone number +34 952.228.890

Good luck!

Maria

Hi Maria

thanks ever so much for that.  I will indeed contact both the Bank and the notary.  If there was never a BG provided then the bank should be at fault according to current law?

I'm so sick of corruption in the Spanish justice system itself that I hold little hope of ever being treated with integrity, or being able to trust the whole legal/justice system, that alone getting my deposit (life's savings) back. I won my case against Aifos, and was awarded a fair sum by the courts, but that often means nothing in Spain sadly, apart from many years waiting and more lost money in lawyers hands!.  The system is an utter disgrace.

All the best, and I'll let you know how I get on .......if I even get a reply?.

Hi

Well, I am Spanish myself but I understand you totally.

To be honest, I think you will have more luck with the notary. I got all the info I needed there but our insurance didnt pay for a faulty wall so... to be honest I dont know if you will have a chance. But worth the try. They were very helpful there.

Good luck

Maria

Hi Maria

Thanks for your understanding of the injustice in the system, it sounds like you have personal experience of it also with regards to the wall you mentioned. It begs the the question, what is the point of having insurance in Spain if laws are not implemented, or regulated in some way?.  The Spanish justice system so often stands for nothing?.  All any of us clearly cheated want is integrity from those in positions of legal trust. If we don't even have that, (and we don't in many cases) what chance justice?.

Hi, I purchased an apartment in Bloque 6 via OVP. I insisted that I wanted to see a copy of the BG which OVP sent me. I used the solicitor in Marbella that OVP recommended and the BG was on their headed paper.  When the apartment was finished and I saw it I realised it was smaller than it should have been and only had one bathroom not two as on the plan.

I called to the solictor in Marbella and said that i wouldn't complete as it was not built as the plan. He told me that I must complete otherwise I would lose all the money I had paid up to that date. I hit the roof and said  that I had the BG on his headed paper. His excact reply was impossible there is no BG. I told him I would fax him a copy when I arrived back in England which I did.   His reply  was  it must have have been fraudulently  copied on his headed paper by someone, I guess OVP. In the end I decided to complete and try to take action against OVP and  I did manage to get a free parking space from Aifos in lieu of  the second bathroom .

I then took OVP to the small claims court here in England as the furniture pack was imcomplete and they reimbursed me for the cost of completing the funishings.

I came to the conclusion that OVP, Aifos and the solicitor were all in cahoots but when i told the solicitor this to his face he became very hostile to me for casting doubts on his integrity.

I wish you the best of luck but i dont think there ever was a BG and how mortgages were provided by Spanish  banks  I will never know.

Keith Gale

Hi Keith

You are right.  I was also told I must complete or lose everything. I didn't complete, I smelt a rat!. Why on earth would I complete on an apartment 50% smaller than plan size?.  When I changed lawyers they confirmed exactly what you have said, that it was a 3 way swindle between OVP Aifos and their lawyers.

I don't think there was ever a BG, and that proves once again just how far reaching the corruption was at all levels!.