move to the costa blanca

You are quite right Bri, Rowlands have told us how good ACC would be throughout threads for years and when it will start again (none of it came true) and also how Huma aren't that bad! and now look where people are

Best advice has always been to get out as soon as possible i..e when breach of contract happened

Can't trust developers!

scales

So, how would you advise those without BG's to 'get out as soon as possible'?

It's a really difficult choice for everyone who still has to make one.  What is right for one person is not right for another.

It will certainly be a stress free time ahead if you opt for Oasis or MCC and money will be safeguarded.  But if it's not right it will mean a fight through the courts for the people without a bank guarantee and who knows what the outcome will be!!  Huma now will only deal with you through a lawyer if a refund is required.

If you do not have BG then the simple answer is you have to take HUMA to Court using a Spanish solicitor who in turn will use a Notary.

It may take 12-18 months but the odds are well stacked in your favour.It sounds a big thing but its not something to be afraid of. You will have to pay 5,000 euros and give power of attorney to the solicitor but from then on they do it. You do not have to give evidence in the witness box etc ! The more people that do this and not accept something they do not really want the better it will be. It will cause HUMA problems. Also dont accept a deal outside the court now. If they want to delay for another few months say fine...Its more interest and compensation you can go for..... and that interest and compensation is a real probability......Real probability ? Now that is a first where HUMA are concerned !!!

 There is also some mention in correspondence from our solicitor that new building by HUMA could be stopped by people seeking refunds. I do not know the full background or requirements for that but im going to find out. If that is possible I would support/encourage it with apologies to those of you that have opted across....But its gloves off now.

Is this new development being built by the same company as ACC ?  Or have Huma registered a new company for this new devolpment therefore distancing it from ACC ?

(Think Leeds United becoming Leeds United 2007 Ltd or whatever they are called now after they went into administration)

(That suggestion has been muted by a developer in the UK who has experience in Spanish Building)

Finally, I thought this sight was for private individuals and not really for agents with their website advertised underneath who have a work related / financial interest in Oasis Tabernax. 

It will be interesting EOS to see if you allow this individual to carry on posting.........

Well reidpj - I am sure that rowlandsbb does not need any help, but it has always been suggested that you and he are the same person!!  I am not commenting - just repeating something I read somewhere.  Nor am I attacking rowlandsbb - he has done his best to be informative BUT, I have always been against the sales talk re ACC - the huge profits going to be made etc etc, and here we go again.  Rowlandsbb talks as a salesperson -not as an enthusiastic buyer who loves an area.  This in itself should be enough to make anyone take anything he says with a pinch of salt - or a very large handful.

And come on!!!!  Tabernas a nice inland site???   It is a wonderful desert landscape - but that is what it is - a desert, with everything that goes with it - wind, extreme temperatures.  It is very different from the ACC site - close to Mojacar, Vera, the sea!!! (and by the way, I have a newspaper advertising apartements on Vera play itself for 120,000 euros - 2 bed 2 baths sea views).   

Let's just try to be logical - this is NOT a way out for most people unless you love, really love the desert landscape.You will never be able to rent them out - no matter how many people visit Spain, very few will venture into this area, and it is very possible you will not be able to use them in the summer time - it is scorching.  There are many,  more practical sites than this if you are prepared to go so far inland.

BUT - and this is catch 22 - at the moment there are sites where building has stopped all over the region because of lack of demand  - THINK ABOUT IT.  If Huma Indalo do not sell enough properities they will not build - they cannot build.  I do not believe they have sold any, though there may be some people jumping the ACC ship and going there. The chances of there ever being any facilities in Tabernas are extremely low - they are not high in MCC at the moment!!!

As to constructive advice - I think there is a LOT of that on this site, so reidpj is a bit unfair suggesting no one has any positive or helpful posts.  I have said this before about ACC.  IF you love Tabernas or Murcia - change, but do it because you want to - not because Huma want you to!!!  And for goodness sake, ignore anyone who talks about it being an investment.  These properties are not going to make anyone rich. 

Fires and frying pans of course...........................

Well said Bri.   ACC buyers should only move to another development if they want to, not because HUMA have offered it.  Its just a ploy to keep people hanging on whilst they sort out (or not) their finances.

Reidpj - whether you sue HUMA for the return of your money is, of course, your decision, but as I said in an earlier post our solicitor has advised us not to bother as it will cost almost as much as our deposit to sue and will take 12 months minimum.  We have, unfortunately, just had to write this money off and hope that maybe one day, a miracle will happen and it will be returned.  Even if they use our money to go towards paying an ACC "owner" back we would be happy, we just didnt want HUMA to have it buit its the lesser of two evils here, we just dont want the grief and stress of suing!  So we have purchased another property and have put ACC  down to experience. We should have pulled out as soon as we heard building had stopped which was about a week after we paid our deposit but hindsight is a wonderful thing!!

No, sorry Bri, but rowlandsbb and I are not one and the same (I think that it was someone called mickmemate that I was supposed to be, anyway )

I, as many are aware, have transferred to MCC (or will have once my solicitor sorts the paperwork out), and, therefore, I am not interested in OTCC.  But, I do think that it's unhelpful when poster attack a person just because they suggest that transferring to MCC/OTCC may be a sensible option for those who, like myself,  are not in the position to 'cash in' BG's.

When it comes down to the final analysis,  Huma has those of us without BG's 'over a barrel', and we are just deluding ourselves if we think otherwise - they hold all the cards.   I, also, believe that those who are putting your trust in the Spanish legal system are going to be greatly disappointed (common sense and the Law aren't good bed fellows).

In the absense of any other practical advice, I strongly advise that those without BG's to seriously consider a transfer to MCC/OTCC.  As the old saying goes; Beggers can't be choosers.

BTW rowlandsbb has never hidden the fact that he is an agent

Well - good luck reidpj - I really do hope it works out for you, and everyone else.  And you are right Rowlandsbb never hid the fact he is an agent - indeed,  he has used this to try to imply more insight than he has had into the local situation. 

I feel it is very sad when people are having to bounce into another possibly unholy alliance with Huma - but I really do keep my fingers crossed for you too.

Brian

A number of points!

I really do like the area and just come back.....I have bought a villa near Huercal Overa and intend spending as much time as I can there in due course

This all came about as a result of  buying on ACC as a holiday home, getting to know the area and then making the decision to first winter here and then full time

ACC-everyone was waiting for the PGOU to be approved but in February 08 it was not and now has to be revised...I'm pretty sure that this is fact and I have a cutting from a local Spanish newspaper stating this ....but still  need a full translation

All reports where in Sept 07 that there would be a positive result but it became evident that the plans for the area by the Junta were in conflict with the local council's plans.....so everyone was wrong or perhaps it is true to say a 'touch too optimistic'!!!!

My contract at ACC expired Nov 08 so I could not take action before then  

This still has to be resolved and just now all the local councils are making representations to the Junta to ensure that their area gets the best deal

Bearing this in mind I decided that from my perspective ACC will be a long time before it re starts

I do not have a BG therefore my money was at risk.On this forum I heard about the bounced cheques and did not like it!

OCC is being built by a seperate Huma company, it is close to the desert but not in it! 30 mins from coast [ Almeria beaches] and it took me 42 mins from Garrucha and lots of local facilities

You can have copies of all permits including the building licence of phase 1

But not everyone will like it , but not everyone liked ACC! 

I have spent a few days in the area and like it ...I have photos of views if anyone wants them

So for basic financial reasons I looked at MCC, nothing wrong there loys of happy buyers but not for me...prefer Polaris World just up the road

I went to see Huma and it became clear that the banks are in control of the cash flow and I had no chance of getting my 40% deposit back for some time.....a lot of BG before me and the rest of us without BG's will just be the last to get anything

So I had two choices-OCC or MCC

Now at OCC I am getting a Tarifa at 119.000 € and they will be marketed at 147.500 € and ready circa mid 2009

I do not know if the financial problems Huma 'may or may not have' will stop OCC being built

But I do know that now that I have changed to OCC my money is safe as I will have a guarantee

I suspect that these would not be available to Huma Indalo SL if the finance was not in place for the development

I have the option to go back to ACC if it re starts before OCC is ready   

Will OCC sell now or next year at 147.500 €?......no problem at 119.000 €!

Matter of opinion and I think they will and yes I am an agent

But the point is that I did not have a BG at ACC so was at risk and now at OCC my money is not at risk...even if I wanted out in 2009 and had to sell at say 125.000 €...which I wont I am at no risk 

If you have a BG you are lucky as you have a third option.....go for the BG

All the various comments are noted, but I am no longer prepared to risk the deposit by waiting

And I now expect my plot [ No11] to be ready well before ACC starts

PS

I only post in my own name 

Just one tiny thing Brian - not everyone was wrong.  There have been plenty of posts - and not just mine, pointing out that everything was NOT rosey.  You are already aware that I often felt your very optimistic posts were too influential.  But at the end of the day, everyone has to make their own decision.  It might have been helpful for you to explain your position more fully re the bank guarantees - it all seems logical, but you always gave the impression you stayed with it because it was such a good bargain! 

I hope it goes well for you on OCC - I don't think it will, but I truly hope I am wrong.  And I don't believe people will buy in that site at the moment for any price!!!!

Brian  

Brian

I do think ACC will turn out a good buy when it re starts but for the time being, 'as they say'.... the 'dream is over'

Is OCC going to be OK?...time will tell but we are in at 119.000 € good position overlooking the country so even in todays flat market it can't be bad  

But as explained for financial reasons it was OCC or MCC and we liked OCC better, but that was a personal choice as many on MCC are very happy

I spoke to our solicitor today in Vera.

She stated that HUMA were not authorising anymore cheques. Full stop.

She stated the reason for this could only be that they have financial problems.

We are giving power of attorney to her to take HUMA to Court.

What can any agent say to prospective buyers about this to convince them buying at OASIS is a good investment with a reoutable building firm?

Answer : Nothing.

I will now do everything to stop people giving money to HUMA.

Rowlandsbb ...Were you an Agent selling ACC properties?

Got involved with ACC Sept 05 close to the end hence the reason why we did not get a BG...so you could say I got caught!!!

From my research at the time almost every agent was involved

On a number of forums the history has been well documented No purpose in repeating it now and for many it is the time to move on

Either cash in the BG, take Huma to court or the other alternatives

OCC is being built by a different company -Huma Indalo SL and it was because of the bounced cheques and that it seemed that the banks were controlling Huma's cash flow that we made the decision to secure our money by switching

I am not interested in waiting for a legal action and recovery process through the courts, prefer to protect investment another way if I can

The money has already been switched to the new company and from a personal point of view I am confident that I will get the guarantee as soon as the legal documentation is completed 

Rather have my money in Huma Indalo SL than Huma Mediterraneo SL!!!.

Rowlandsbb---

There is one thing that I have never understood--why buy without a BG?

You are a surveyor & an agent selling in Spain, didn't you know the law?

Given all the issues with ACC how can you trust Huma (& all their associate companies)? They broke the law by not giving you a BG, & yet you are still positive about this bunch of shysters! Unbelievable!!!!

I can understand the reasons Rowlandsbb has taken the OCC option and maybe I would have done the same in his position.   We just wanted a place NOW and only had a deposit to lose so we cut our losses.  Everyone has to do what they feel is best for them at the time.   Good Luck Rowlandsbb, I hope it all works out well for you.  

AndyLynnW - have you emailed the BBC?  It must be worth a try and I bet they would be really interested in whats happened to you guys, especially with the information in your latest post.

Yes, got caught out!!!

But only me, I did not personally sell any ACC to other people   

I was due a BG but did know that it normally takes a few weeks after you pay the deposit...but I have had one for another purchase in 7days

But they stopped the site just after I paid...how's that for experience!!!...hence no BG

You can't be in the property business for over 35 years without making a ' mistake or two'!!!!

Not been very happy with this one but 'very pleased' now mitigated......still consider it a great location and so they say, but with no guarantee, it will be built sometime soon - certainly not 2008 and , my own view only from all the bits of info I pick up  not before the Phase 1 of OCC

Really quite pleased that we have now had a decision on the PGOU and know that an early re start is not on, and also that I have had a ' way out' to secure my money 

Does not do the Spanish market much good when this happens to people looking for a home in the sun the but lessons have been learned and the local councils etc are now very strict

So it is perhaps as a result of situations like ACC and many others much worse, that buying in Spain is now safer than ever before

Provided you take the same precautions as you do in UK .......one way of making sure that everthing is OK is by getting a mortgage,[ even a small one if you do not want one] from an independant Bank [ not taking over the builders mortgage because it is cheaper]

Because if it is not OK for the Bank, it is not OK for you

That means everyone for one example, you do not complete without the Habitation Licence !!!

I think you are being too optimistic given the circumstances.

Or giving us the Agents spin.

Im getting this new development checked out by independent professionals  in the area....Will post findings around mid-April.

(When building is well under way and we will have our  dream becoming a reality in the sun.... Remember that !!!) 

The dream was ACC

OCC is now to me a pragmatic way of securing my 40% deposit

I have copy of all the permits and the Licencia de Obras for the phase I am on No 11 looking south

The fact that I like the look of it is secondary to my decision

What are my risks?

Well Huma Indalo SL may not be sound but I will find out in a few weeks when I get my guarantee as this will not now come unless they have all the permits and finance

In reality and to be blunt, what happens to ACC does no longer have any impact on the security of my money

Yes if I do not get a guarantee straight away, then I have made the same mistake twice

But again, not having a BG I now have no realistic option and this to me is the best way out

But others it may be different, certainly if you have a BG....but even that takes work to call in 

HI

On about B/G we paid our deposit  in July and second payment in Aug 2005, we kept on asking  for our B/G they promised it  was on its way ,but it never arrived ,our old solicitor was suppose to have chased it ,up but he was recommended by Focus International our agent so he was'nt interested in doing much .So whats the excuse for not getting it,  the building was stopped end of October they had plenty of time to give it to us, so they have broken their contract again ,surely this will come up in court ?and go in our favour ,I don't see why we should be forced or blackmailed  into something we don't want ,it is our money and we are entitled to it back becasuse we have kept to our side of the contract and have had to wait our time surely it should work both ways.