SimpleOverseas / Inroal - how do I get my money refunded

I paide deposits on 2 apmnt's to be built in Almeria by this developer, Inroal, 2.5 yrs ago. The agent was Simple Palmera (aka Simpleoverseas); the apartments never went ahead; I have been promised a refund for almost 1 year now but I just keep been given excuses; it is a substantial amount of money. The agent tell me they are chasing the Developer. Any suggestions?

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Hi Vancy,

Your agent is you first point of call and is pretty much responsible for getting your refund.

They may be reluctant to do so if they have been paid there commision based on the fact that the property will complete.

If you have paid a considerable deposit then you need to instruct your solicitor to start proceedings against them or at least give them a nudge in the right direction.

If the agent is reluctant to fight for your cause and you feel you have been mistreated then make them aware that you will take this further and involve them in the litigation,they are members of the AIPP(glorified boys club) but worth a try and i notice they have an ISO number so you may get some regresss through trading standards.

By the sounds of things you will need legal help so instruct a good solicitor and read through your contract to see if there are clauses against failure to complete,in tyhe current climate with builders falling into finacial difficulties it is wise to act quickly before there is still somebody to pursue!!

Regards

Georgia

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Hello

Just wondered how your case is going? As I am in the same situation with a property that I have purchased from Palmera S L in Almeria (Mediterrean Phase III) and have just discovered it has not been built after 4 years! All I am getting at the moment is expensive quotes from solicitors with uncertain outcomes even though I am in the right and they have broken their contract on atleast two counts. Basically I am having no joy at all and would love to pick your brains!

Please drop me an email on nicelittlemover@live.co.uk

and I will happily give you a call - desperate not to lose my deposit.

Jason

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Hi Vancy,
I have seen a similar post on another forum related to this company and I made the same point as Georgia, they are an AIPP registered member and therefore are obliged to provide you with a safe buying process. Additionally, assuming you have a bank guarantee for the deposit you made which should entitle you to a refund of the deposit you made.

Good luck

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Have you tried to invoke your Bank Guarantee.  It should pay your deposit back with interest?

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Thank you Gillespie. But what bank guarantee?  I am not aware of how there could be a bank guarantee. I do have a name of a Solicitor firm (Gomez de la Cruz & Puertas) that directed me to send funds to their Clients' account (their client being Palmera Properties SL) and the account being at Banco de Andalucia, Avda. Condes de San Isidro No. 4 29640 Fuengirola

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It is illegal to sell a new build property without a bank guarantee from the builders.  I would suggest you request a copy of your bank guarantee from your solicitor.  If you have no joy, then you should employ another solicitor to fight your case.

 

Maria de Castro is a good solicitor who will help you if you decide on another solicitor.

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I purchased through the then Simple Palmera in  March 2004 for an apartment on CDS.By 2007 the development had still not been completed.I instructed Maria in March 2007 and in October she handed me a cheque or 57,000 Euros for the return of my deposit.I suggest you contact her ASAP.Gomez de la Cruz & Puertas are the lawyers recommended by Palmera!!!!.Good luck....

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The Gomez lawyer you refer to in your post, is not your lawyer i'm afraid. This is Palmera Properties own lawyer. There is a separate forum regarding PALMERA PROPERTIES and on this forum you'll find many people who have lost out thanks to their illegal activities. One of the owners, Gotardo Rodriguez is due in court again in Sept/Oct to answer to several charges bought against him.

I suggest you contact IURA Lawyers who are already fighting for us. They are based in Fuengirola and are upto speed with the whole situtation and now representing more than a 100 families against PP.

contact Naomi Webb at naomi.webb@iura.es they also have a website www.iura.es/eng/index.htm


Regards
Steve

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Thanks for the tip Stephen. So far, about 5 different solicitors have been recommended to me - hard to know which one to choose, if any. The Agent, now Simple Propoerty Group (or Simple overseas) say they have a case pending against Inroal; i have talked by phone to their lawyer; he seems determined but I need to give him power of attorney and he is also requiring funds from me to properly represent me. I guess it would be wiser to get my own solicitor. Nonetheless, i am being told that Inroal have no money, that the only assets they have is land and it would depend on the proceeds from its sale as to how much we would all receive eventually.

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Hi Vancy your post is old so I wondered if you had got a good outcome yet with Inroal.

I know there have been some successful actions recently albeit it is the bank that paid out and not Inroal (who cares!?). This was in Andarax though and I don't hear similar things on the other Terque and Roquetas developments by Inroal yet. Or maybe I should say 'promotions' because some were never even started of course, including Andarax.

I have a group together now that we have had for over a year. I have worked with Maria de Castro on it and we have managed to get the directors of Inroal to come to her offices on three occasions for discussions and how to resolve matters (in fact they made the first approach after I visited them and told them I had the action group moving forwards).

Anyway, if you want to contact me direct to find out more than I can really post here please contact me at peterjfirth@btinternet.com

Peter

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Hi everyone,

 

Absolutely nothing has happened. It is still on-going in the Courts of Malaga. The spanish legal system is a joke.

 

I paid a lot of money to these crooks in April 2004 and have nothing to show for it. All my life saving have gone.

Many families have joined the case and therefore the Judge has to keep delaying the proceedings for more paperwork to be gathered. In the meantime, Jesus Gotardo (the piece of S**T) still remains in business, still running Palmera Properties. UNBELIEVABLE.

I hope the whole country falls apart.

Kind Regards

www.wazzubuk.com

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