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I have been in contact with Channel 4 news producer Mr Ben King and he has asked if other people would be willing to talk to him about the Almanzora Country Club situation.
I have been asked to put the contact details on the forum, Mr King is optimistic about getting some publicity.If enough people e-mail him then things should start to happen.
His details are
BEN KING
PRODUCER, CHANNEL 4 NEWS
e-mail Ben.King@itn.co.uk
200 GRAY'S INN ROAD
LONDON
WC1X 8XZ
UNITED KINGDOM
T +44 (0)20 7833 3000
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Hi
We went out last may to cancel acc contract, we bought in May 2004. It has been a year since cancelling and we have not heard a thing. We gave Aldea power of attorny
last December but still we have got nowhere.
Martin, glad to hear you recieved your money back safely. Please could you let us know what solicitor it was you instructed ???
I will be contacting the channel 4 news producer on the matter, the more the better !!!
Thanks
Debbie & Danny
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Debbie and Danny
I have sent you a PM.
I am not sure if i am allowed to put them solicitors details on the forum so if anybody wants his info then just let me know.
Good luck to you all
Martin 
_______________________
Martin
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As your solicitor, we do understand how you can feel. However as you were explained before, that the cancellation is an extremely slow process. In April we received the provisional plans and are still waiting to receive the final and definitive approved plans from the Regional goverment "La Junta de Andalucía".
From the beguinning of the cancellation procedure, many of our clients have already been refunded. In your particular case, your contract expired in 2007, taking into account the delay of 6 monthes allowed by the spanish law . We did notify Huma of your intention to cancel in May last year when we received your letter confirming your decision. However we still have nothing in hand, my colleague Katy is continuing for claiming the cancellation contract, we have received the money in relation other client by cancellation contract, but Huma is doing it very slowly.
If you think that this process is taking too long, you do have an other option which is to resolve the contract. This procedure is a quickest way to be refunded but you must be aware that this is also more expensive because you would have to pay for a Power of Atttorney for Litigation and the extra charges for the process itself ( to execute the bank guarantees, burofax, Notary Procedure and other requirements).
If you could inform us of your decision in order that we may proceed in the best way to defend your interest.
Above is an email that we have received today from our solicitors Aldea. Can anyone explain the difference between "claiming the cancellation contract" and "resolving the contract"? Has anyone gone down the "resolving" route with any success and any idea how much extra this will cost? We have a bank guarantee for 56,891 but none for 34,134 or the 3,000 deposit however they are not even mentioning why the are not executing the guarantee.
Any help appreciated.
Regards
Mave & John
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"Excuse me if you have not received my email that I sent you again this morning, but I sent you an email in Febrary, where I informed you about the situation in that moment.
With regard to Almanzora Country Club, the "General Plan" was approved provisionally in April and at the moment there is a resolution which has approved the urban land. However, this project will take time to be finally legal and authorised and the Junta de Andalucia have started a new process but this will take time. If you decide to wait for the project to go ahead, obviously you will receive a property at 2004/5 prices and not the present day value.
In relation to your contract, we continue with the cancellation process. We are dealing with Huma to obtain it, they are offering to us other solutions. We now have diferents options in relation to your contract, and I advice you study the situation and then you confirm us your decission:
1. We have been trying to negociate with Huma to the client can obtain the money back by the cancellation of contract, and, in this case, you sign a contract and the builder has obligation to give you the money paid in this property, but you resign to the right to claim the legal interest. This option has been positive for some clients because they have received the money back and they have not had extra cost for claiming, only our fees for the cancellation: 464€.They have prefered to wait untill Huma gave them the money.
2. Although in accordance with the spanish Law, you only can to get the Resolution of the contract by Court, then we will have to claim against both the developer and all the financial companies involved in the issuing of the bank guaranties.The first one will be to reclaim all the payments by extrajudicial way, this is by legal summons and notarial way. We need to open new process to execuetur the bank guarantee.The provisional funds to cover this extra judicial procedure is apxoximatly 500 €, including the power for litigation, the notary fees, the bureau fax, the fees for the Appeal itself. At the end of the extrajudicial process, when you have received your money from the developer, you will be asked to pay the remainder part of the fees of AldeaAdvisors. If the extrajudiacial process is not successful to get the money back, we will be obliged to undertake judicial action,and you will be informed of the situation and the provisions of found needed to start the judicial procedure.
In relation to the Power of Attorney to claim by Notary and Court. You can sign it in Spain front to the Notary is very quick and I prefer it because if it need rectification we can do it as soon, or also sign it in your Country. If you decide to sign it in your Country, you have to inform us about the Consulate neader: London, Manchester and Edinburgh. We will send to them the power of attorney to be signed for you, and we will inform you about the telephone number to make an appointment.
3.-Howeber, I have cheked your file, paid to Huma Deposit, First Payment and Second payment but you only have bank guarantee for the first instalment. I am advising all the clients in simillar circumstances to look at properties finished in Mazarron or at the new site in Tabernax. I advice you study this option before you decide to take the resolution contract.
For this new site, you will have all the payments guaranteed, including the initial deposit. I can also confirm that the licences in Tabernax are in place for the building to commence and that this would start in the next few months with an anticipated finish within 15 months. This project also has the authorisation of the Junta Andalucia to go ahead.
We have dealed with the developer to our client in this circumstances ( in Acc haven´t Bank guarantee enough) can sign a new purchase contract to change to an identical property as you have at ACC, covering all amount paid in this property including the deposit, and from the moment you would receive the new contract it would be with all guarantee and including a clause giving the clients an option to return back to ACC if it is finished before the development at Tabernas in Almería.The developer has agreed to allow you to purchase this property at the same price because you are an existing customer and this is a form of compensation. However the new property has got a superior price to new buyers.It would be a solution for the present problem. I think that it would be a solution for the present problem.In my opinion as you don´t have bank guarantee sufficient, and to avoid expensive judicial costs, this would be the best option.
I think that it´s my best advice that the clients without sufficient bank guarantees to buy a house already finished, and it is possible you can negotiate to transfer to Mazarron as we have other clients that have obtained a favorable solution and obtained a house without problem and expensives.
If you decide to transfer to Mazarron, I advise you, you negotiate with Huma because another clients have obtained a favorable solution and you will have one house in hand.
On the other hand, if you decide to claim, normally I advise you decide First to try the cancellation. Then if it takes much time we can open the Resolution of Contract (in according to Spanish Law you only can to get the Resolution of the contract by Court). I want that you are sure because the judicial process could take long time and can be very expensive until we obtain a positive resolution.
Any way if you have any quesstion please ask us, because we understand that is not esasy the spanish law . "
Wow can't get a reply for months and then 2 in one day!!!!
Anyone have an opinion?
Have also sent and email to the Channel 4 guy today.
Regards
Mave & John
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I AM SORRY BUT ALDEA ARE IN HUMA'S POCKET, GET OUT NOW WHILE YOU CAN AND WHILE THERE IS STILL SOME MONEY LEFT IN THE POT WITH THE BANKS TO PAY.
GET AWAY FROM ALDEA AS QUICKLY AS YOU CAN THEY ARE JUST AS BAD AS HUMA
I AM SPEAKING FROM EXPERIENCE !!!!! I CHANGED AND GOT MY MONEY BACK QUICKLY - ALDEA SAID IT WOULD TAKE AT LEAST 6 MONTHS IT ACTUALLY TOOK 6 WEEKS !!!!!
ARE YOU DEALING WITH A GUY CALLED JAVIER ??
_______________________
Martin
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I too was meant to be dealing with Encarna larios, but when i went to their offices she refused to see me and a man called Javier dealt with me !!!!
I changed to a firm called Martinez - Abarca & Munoz who are based in Vera about 5 min walk away from Aldea.
If you need more information on them just ask.
Kind regards
Martin
_______________________
Martin
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Aldea are also in the agents pockets, u switch to MCC or OCC and the agent gets to keep the commision paid on ACC.
We changed to the same solicitor as Martin 72 and had our bank guarantee cashed and in our bank account in 5.5 weeks
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Hi Folks...
I decided to do a complete u turn and instead of waiting for TCC to possibly be build, I have opted to purchase a "Council House Type" at MCC, I close next month (17th) has or is anyone else doing or considering the same, if so I would really appricate feed back.
The other options are now hopless at this stage!
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Completed on MCC Manzana 36 at the end of March. I'm going out there in a couple of weeks for my 2nd holiday (16th - 23rd of July for my 3rd). PM me if you have any questions.
Peter
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Across the road, No. 39 (3rd from the top). You're 2nd from the top on the left, aren't you? - beside Paul and Vivian (34), Bill and Lisa (33) and Nipper (Michael) and Lorraine 32. I've met the couple at 36 but can't remember their names  Anyway, we're all ex. ACC (as is 95% of Manzana 36  ). Are you going to live there?
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Hi Peter,
Nopes, never had any intentions of living in Spain, nor have I any intentions of wanting to speak Spanish or wanting to fit in with them, give me good old Brits, Jocks, Tams and Paddys for neighbours any day!!!!!
Can you PM me or get me at paddystani@eircom.net
Cheers Neighbour!!!
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