I want my house

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03 Jul 2008 8:45 AM by briando55 Star rating in Yorkshire. 1982 forum posts Send private message

I dont have time to sun bathe....or the climate......its a sad thing to admit but i wouldnt even win a best ar*e competition.......now thats depressing lol

Brian mags.....i get the idea from you now, its the dream you chase.  Similar to the Zulu analogy i think of HG Wells war of the worlds when the martians have taken over the world and the single soldier is digging to create a brand new world underground.  In his mind he has a city underground with railways, shops, bars, but he has been digging for 2 days and has not even got below head height.

My feeling now is to let the administrators know we mean a bit of business and are watching events and prepared to challenge any wrong doings.

Your campaign is to give the benefit of any doubt and let the builders off any wrong doing, as long as you get the house....a bit like tugging forelocks to me.......lets get the bayonets, come on on dad's army......they dont like it up em y'now.

Brian

_______________________

Best wishes, Brian

 



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03 Jul 2008 9:41 AM by briando55 Star rating in Yorkshire. 1982 forum posts Send private message

Hi Brian

Looking through your last posting about the possible build.

I said before that giving my experience there some things to consider.

The administrator is not a business, they will assess the viability and give back to the current owners of the business,  fold it or sell it as a going concern, or in bits (assett realisation).  Thats the only job they have, they will not trade on as a going concern, dont even think that.

The decision to create or amend contracts is not the administrators job, they can not determine any project completions for any of the building sites, its well outside the capabilities of that panel.

The administrators can investigate and recommend.......look at legalities......they can pay out funds to creditors.....use the bank accounts wisely and properly.........they can't build.......please understand that.......if the build goes ahead you are stuck with the same builder.......or with a new buyer.

My thoughts at the moment are to ask the British Embassy to ask the administration to keep them updated, due to the large amount of British people and finance involved.  This would be a good measure to let the administrators know we are here.

Also to ask our lawyers, as one voice, wth the amount of laws being broken, what do we do to have the dealings investigated, we dont need to wait for the administrators for either of these........it would do good to let them know we are asking some painfull questions though.

Brian



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Best wishes, Brian

 



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03 Jul 2008 10:19 AM by martinbrothers Star rating in Worcestershire. 278 forum posts Send private message

Well said Briando, we would be more than willing to join in this type of pro-active campaign.   The very notion of these shoddy Directors not being held accountable for what they have done to so many of us turns my blood cold.  We, like some others, decided a short while ago to wait for the Report, and have been waiting for quite some time to have approval granted to transfer our money to Playa.  We have no reason to dispute the known fact that now (via our Lawyer) that both sets of Administrators have to give the go ahead for such transactions, but if what you write is correct  that even THEY cant make a decision on our case in the immediate future, then we would offer any support for group action.

There have been some excellent postings lately.   One in particular asked many very direct questions that Should be answered by San Jose Directors.  Im sure many in the UK who are on this forum and have there own limited businesses know that we cant hide behind any protected barriers these days (rightly so if we have misused client's money) and we would fully support naming and shaming and exposing this fraud as far and wide as possible.  We are mostly All already in a Legal position with them having listed ourselves as Creditors.  We owe them  no loyalty  whatsoever.  

I'll try and speak with my Lawyer for clarification on the Administrators powers (or lack of) today..

Not sure about exposing my tush anywhere in Jumilia.. but on the steps of San Jose to the Directors.. hmmmm I may sleep on that thought!

sally



_______________________

Sal



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03 Jul 2008 10:48 AM by Linda Needham Star rating in Jumilla,Spain. 302 forum posts Send private message

Linda Needham´s avatar
Given that the administrators decide the development can continue.  With new contracts and BG's (legally i would have thought these would have to be issued as administrators are involved) and say a completion within 2 years, I would continue with the purchase. 

1 golf course is necessary. amenities would follow naturally so not terribly important in the long term.  In fact , I would dearly love to secure the plot I have put a deposit on for the future.  As I feel that in time, when the banks have sorted themselves out or if H de T & SJ go into Liquidation, that some companies will be falling over themselves for this site.  Its a common practice here that when a company takes some interest in a large plot of land for development the entraprenaurs and savvy locals buy up plots and parcelas from the not so savvy and then make a profit selling that parcela to the incoming developer.  Herra del Tollo/SJ have achieved something that has been almost impossible in recent times in as much as the development has come so far in obtaining licences.  They just could not afford to get over the last hurdle and part of the reason it has taken so long is because the government has been trying to crack down on corruption, which is deep rooted and will take a long time to correct.  There have been many mayors carted of the the courts this year but Abellan (Jumilla) I dont think will be one of them.

 Most of the applications for development planning in Jumilla were applied for in 2005 which was the boom time in this area.  8 years ago you could count the number of expats here on one hand.  Now there are over 1500 on the Padron in Pinoso alone, that does not count the ones who are not on the padron and you look and think what brings them here as opposed to the Costas.  1 Third of the children in some classes at school are British.  You could think back 5 years and be forgiven for thinking it was the low cost of housing.  but they are still coming and the housing is not cheap anymore. There are 2 houses, not far from us, that sleep 10 people and the holiday rental amounts to approx 2,000 euros a week and they are fully booked and have been for a couple of years.  So why do we come here to live. Peace, serenity. No stress. So what else.  We are 45 minutes from Alicante airport (quicker to get here than say Denia or Moraira or Javea.  Corvera airport has started its build.  Opens up a whole new avenue into this area.  So I ask again why do so many people want to live here cos I really dont know and believe me sometimes it is like living in a third world country.  The water and the power was never off so much when I lived in Africa and I was in the middle of the bush.

Going back some 20 years I bought a small flat in Middx..  2 years later it was worth half of what I paid for it. I was in negative equity for 10 years.  I paid 28,000 for it originally but sold 6 years ago for 175,000. 

I see still SAdM as a future investment, which is not the same as a home or for holidays.  I therefore do not see it as a dead duck even if all fails for H del T/SJ.

So yes I still want my house.

Darren - did you get my PM re lunch.

_______________________

Linda Needham
La Alberquilla
Jumilla, Murcia


R4 308 For Rental



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03 Jul 2008 11:14 AM by redman Star rating. 235 forum posts Send private message

Darren, Briando et al,

I'm with you all the way on this and believe that the time is getting closer to turn words into action.  If we keep up the momentum and the pressure on these people and I'm sure cracks will begin to appear.   We need to be the spanner in the works of this well oiled machine.

I also had business aspirations as well as property in all of this and up until recently have been quite calm about the whole thing, but as things develop and money continues to bleed from my pocket I'm not so laid back.  I will not settle for 'some of my money' back while other continue to trade as though nothing has happened.

It might also be worth looking into www.mviv.es (Spanish Government Housing site) and make contact with the Spanish Housing Minister.  And to the European union (aka Wet Lettuce) and MEPs to keep up the pressure there also.

Thought of a new website name anyway.   moonoversantaanadelmonte.com   



Regards,

Steve.





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03 Jul 2008 1:28 PM by laganside Star rating. 19 forum posts Send private message

Hola todos,  Yes I agree to up the profile of our campaign. I believe we must step up a gear !. I see that a West Midlands  MEP  Michael Cashman ( a colourful history ) has taken up the plight of British citizens caught up in the Valencia Land Grab.  He highlighted the problem to the European Court and to his socialist comrades in the Spanish Parliment. Would it be possible to make contact with him to air  our problem ?. Maybe a constitutant from the West Midlands could help ?.


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03 Jul 2008 2:59 PM by Laird Dave of Lochaber Star rating in San Miguel De Salina.... 180 forum posts Send private message

Brian is exactly right about the job of the administrators, I do have first hand info on this from my sister who took a company into administration.

Can't speak for myself now as I  don't know who my MEP for the Orihuela Costa is,as I am officailly a spanish residentnow I would have to go through the equivalent post here, but those of you in the UK should be able to get on to your MEP. I will try here in Spain too

GAL


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03 Jul 2008 6:24 PM by briando55 Star rating in Yorkshire. 1982 forum posts Send private message

Hi

I am thinking we need a place to share and store our information, the names of MP's and Euro MP's, Embassy numbers, newspaper numbers etc...all the contacts we can muster up.

Anyone any ideas where we could store these?........i would start another thread but thats just adding somewhere else to look.

As my business partner used to say....No point having contacts if you dont use them......any suggestions how to share these and store them with each other?

Also i could put a short letter together, we can e mail it between each other and add/subtract until we come up with a direct letter to send to the contacts?

Is this any good for everyone interested?

Brian


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Best wishes, Brian

 



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03 Jul 2008 6:36 PM by Dave.R Star rating. 101 forum posts Send private message

Dave.R´s avatar
Hi Briando,
i am all for this and think its a great idea, a bit like a name and shame area for overcharging and contacts for all to see.

Perhaps the lads on the SARC website could add an area, after all we are all in this together just wanting diffrent outcomes.

At the end of the day it all comes down to the money we have paid out and want back in one form or another.

_______________________
R10 160 and Calasparra


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03 Jul 2008 7:07 PM by TonyMal Star rating in Oxfordshire. 1090 forum posts Send private message

Hi All,
I hear, feel and understand the pain and anger concerning our situation. I understand the urge to to blame and to place it with those who one feels did one a disservice or injustice. It could be the builder, the agent, the solicitor, the local goverment, the regional goverment, the National goverment ,the banks, the credit crunch and even our selves or one and other, who do we blame?  I totaly understand the wish for retribution and to appease the anger that we feel but I have one question. 

At this moment in time what will it change? It is very hard to place the blame, although we could have a good try but to what end and what would we acheive?  We have taken on large organisations but we have, as now, allways had the aim of a positive outcome and a way to acheive it. 

Yes we could have a burnt field regard action causing embarrasment and discomfort to those whom we felt screwed us over but it would be hollow.

I stongly urge that we stand together and demand a positive outcome from the administrators, this is possible. Brianmags and I have been invloved in effecting change in outcomes of processes in large organisations and we do really know what we are doing. I hope that in the near future we can meet and explain it to you all but suffice to say we are not on a fools errand and are very cynical but also pragmatists.

We are very very optomistic of SADM being commenced sooner rather than later and we will await the decision of the administrators and decide what course of action to take after that and consult all SARC members.

Yes I really do want my House and I really do beleive that we can all get them!

All the best
Tony R17 18 
 





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03 Jul 2008 7:12 PM by briando55 Star rating in Yorkshire. 1982 forum posts Send private message

Hi Dave

Thanks, i see your point but i think a conflict of interest may eventually come about, good idea though as a starter.

I think a more softly softly to start with......a letter of information and intent.....something pointing out any laws broken, or legal requirements not used.  Outline the numbers of people, scale of the problem, effects on peoples finances....coupled with the wrong doings would make it something not able to be ignored.....im happy to kick the letter off and circulate it for add ons etc to make it a perfect template.

The problem is how do we store info and co-ordinate the thing......through personal e mails on a chain mail is one way....it needs to be simple and effective.

Any ideas anyone????

Once we have that we can decide who should have it.....what format, what police or fraud investigation we can ask to be looked at.   All in a very public and personal way of course!

_______________________

Best wishes, Brian

 



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03 Jul 2008 7:20 PM by briando55 Star rating in Yorkshire. 1982 forum posts Send private message

Hi Tony

Its not a blame game, its a step towards a conclusion and its asking the authorities to investigate.  No problem to anyones outcome, its just placing the thing in perspective and keeping calm and business like.

And getting as much pressure to bear as is possible to get a MAXIMUM outcome.  The administrators will do their job.....i want them and the police and the solicitors and anyone else with any interest.......to know that  that THEY know.....that WE know.....that  THEY know ...........what WE expect and not have any doubt that we mean business.

_______________________

Best wishes, Brian

 



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03 Jul 2008 8:08 PM by Dave.R Star rating. 101 forum posts Send private message

Dave.R´s avatar
Briando,
you could look at it another way and turn the tables on san jose and see who might be interested in employing a solictior as a group, and sharing the costs to have san jose investigated to see what spanish laws they have broken during the sale of there properties. once you had this informaton then we may be able to bring a group court case against san jose on the laws and miss advertising they have broken. It would only take about 50 people to put in say €100 each and you have €5000 which  i would guess should be enough to employ a lawyer to investigate the law breaking.

i have already seen some comments from lawyers on this site stating certain laws had been broken

we are all paying lawyers to try and get our money back but at the same time a group could turn the tables on san jose and take them to court, and would also be good ammunition for our own lawyers if all of this mess gets to court to claim our money back

i for one would pay €100 (£80) for this kind of action, so long as enough people joined and a good lawyer could be found and take the case on.

_______________________
R10 160 and Calasparra


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03 Jul 2008 8:16 PM by TonyMal Star rating in Oxfordshire. 1090 forum posts Send private message

Hi Brian,
I do know what you mean and are trying to do, however, now is not the time When we know the outcome that is when it iwill be known whether SADM goes ahead or not . Until then I will wait as I believe the likelyhood of the build going ahead is high. 
You are assuming a negative outcome and jumping to the worse case scenario before we even know the outcome.
Be patient we will know in a few weeks and then we can see what options we have and how we shall proceed. 
SARC is having an effect and the probabilty of a good out come is high.
As Linda said the SADM site has licences etc and  is very desirable .To complete the build of the properties there would not take long and it would bring income into the company, which, is what the administrators are looking for. We have gone over all of this before and it comes very simply down to.....
If you have the chance to have your property do you take it or spend time trying to get your money back?  I can assure you court action is not fun and can take a hell of a lot longer than you think. 

i did find the bare bum idea quite funny though.........blue moon.......

So lets us all relax and wait for the out come of the process and then dependant upon the result decide what to do?
I am.  
And  as boring  as I may seem.......I do want my house and I am going to get it!

Tony R17 18


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03 Jul 2008 8:21 PM by rjmderry Star rating. 70 forum posts Send private message

Whilst we do not know the administrors decision, the fact of the matter is the builder, solicitors, agents and Spainish officials have failed us - I will email our PM as I am fed up with the current position as us creditors have acted in good faith.


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03 Jul 2008 10:36 PM by briando55 Star rating in Yorkshire. 1982 forum posts Send private message

Dave R

You are a man after my own heart.

I had thought a few days ago that a test case brought by a lawyer can be used collectively, a kind of case law established by taking a typical example.  We have a couple of laws quoted as breached, and the deposit money, has this been used for other purposes?...we think so, if the administrator looks at the escrow account and finds discrepencies...then its definate the law has been broken.

This means we are in our rights to ask for an investigation on criminal grounds dosnt it?  I mean even SJ cant spend money by mistake can they.....its all deliberate.

Its something to put out for thought, and see what comes back.  Either way we have some means to apply pressure.

_______________________

Best wishes, Brian

 



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03 Jul 2008 10:45 PM by briando55 Star rating in Yorkshire. 1982 forum posts Send private message

Hi Dave/darren/RJM   and all, too many to mention.

As a thread among the like minded of taking some positive action

Private message me your e mails and i will put them all together with mine....i can form a reply to all e mail, i will start a letter on a word document and circulate it.

Then it can do the rounds, get altered, be prepared and then agreed to send to MP's, Abagados, Euro MP's, Embassy, Spanish Police, administrators, newspapers...anyone we think should know...and light some fires.

What do you think?

Brian



_______________________

Best wishes, Brian

 



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04 Jul 2008 1:06 PM by brianmags Star rating in London. 380 forum posts Send private message

Hi Guys 
           this is from Annas site last night Muppet ask about deposits

Question for Anna re deposits
Yesterday at 18:59:23

Hi Anna.
Hoping you can clarify situation regarding deposit monies.
You stated on Antonio update thread deposits were thought to be in seperate account but Antonio was seeking confirmation.
You then stated on the key ready thread at a later date the monies were in a seperate account.
Can i assume you have had confirmation through Antonio as this obiously makes for good news if it has been confirmed.
Looking forward to your reply.
Regards Ken.

you picked the short straw then???

Yes Antonio confirmed that the owners (ie buyers for Herrada del Tollo only - you wil need to make this clear when you post on eye on spain) have their money in a separate bank account. There is 36,000 euros missing (thought to have been spent on construction and this is th element which is being further clarified / confirmed. I expect an update from Antonio today which I will post)
 
For info. I dont mind posting but clients of Antonios can and will make direct contact with him and those that have chosen lawyers via other groups would be better placed to take advice from their own counsel as to not do so and rely on others would be unwise. How a claim gets handled by a particular lawyer through ths process will not necessarily apply across the board at all and will only apply to those he/she represents. Owners therefore need to make sure they are pushing their own lawyer for independent information and questioning next steps etc.
 
hence my comments about quality not price!
 
Hope this helps ken
 
Anna

So it seems that if you purchased with Herrada del Tollo our monies are safe but we are still in the dark those who are not. but It might bee good news about the Build at SADM as they seem to have done things properly when it comes to Jumillia
regards Brianmags
R4 556




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04 Jul 2008 1:22 PM by kayem Star rating. 163 forum posts Send private message

Here we go again !
Can you tell me where it says our money is safe ?

Ken.


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04 Jul 2008 2:56 PM by brianmags Star rating in London. 380 forum posts Send private message


Hi Ken,
       The anwser 
Yes Antonio confirmed that the owners (ie buyers for Herrada del Tollo only "which is the company for SADM" - you wil need to make this clear when you post on eye on spain) have their money in a separate bank account.

This only applies to those who have purchased from Herrada del Tollo and not "San José Inversiones"  as to their status we are still unsure as said previously

I suggest that everyone check the contract as to which company their building contacted was from.
 

regards
Brianmags
R4 556 



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