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I would say it is important to have the Judicial acceptance of the creditor´s meeting of both companies first and then to look into the credits.
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Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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I would like to reply to a previous post by plusadvisors however i can only find a facililty to reply to the last post .This is not the usual format I am used to on forums . It is usually possible to reply to any post .However this is for plusadvisors . I and I am sure many others would like to hear what the complications are regarding El Pinet no matter how lenghthy . My understanding is that the court judgement is in favour of the completion of the site however there are still on going disputes over the original sale of the land and perhaps monies still owed to the council for the certificates etc.I may be wrong but perhaps el pinet is not being considered for completion and buyers have been listed by san jose as creditors with the court becuase enough money has been collected already from el pinet as it is nearing completion and widley inhabited . This makes it the least profitable to complete and the most lucrative to resale at higher prices . I hope I am wrong but this situation makes no sense . I am confused please enlighten me gracias . This message was last edited by julie anne on 6/3/2008.
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Hi julie anne,
When Brianmags and I were over 2 weeks back we met with Pilar and discussed SADM and el Pinet. We were told the 30 mil debt was at el Pinet and that they were comminted to completeing the project and it would take about a year. We were also told that the sales of the oustanding properties and monies on el Pinet would clear the debt. Why not call or email Pilar or get your solicitor to do so to get conformation or clarification of if this is the case?
All the best
Tony
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Hi All
I am in a right quandry and wonder if anyone can help, in respect of SADM/San Jose. We have no bank guarantee and our solicitor wants to charge us another 1200 euros [special price!] to proceed with a letter to ensure we are on the creditors list, [although it may be that this fee is for the complete process to recover funds in the event of liquidation - I have trouble deciphering his written English]. I am only interested in making sure we are on the creditors list at this stage cos we still 'WANT OUR HOUSE' if possible. My problem is whether to ditch my solicitor and join the group action via Antonio [at £225] or stick with him. Obviously Antonio will charge a much bigger fee if appointed to actually recover funds in the event of San Jose going into liquidation. Or am I missing something? PS can anyone ive me the name and number of the best person to speak to at San Jose or is that pointless?
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You could speak to Pilar at San Jose. Her English is really good. The number is +34 902 209 210. I don't think anything is pointless! OK, well there are some pointless things you could do but speaking to San Jose probably isn't. Especially if you compare the information you receive with independent sources. Take Care
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www.lifeoverseas.com
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Surely a group action is better as the more people are added it shouldn't cost as much as cost will be shared.
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hello everyone,
this is the first time i have contributed to this blog as still trying to recover from the shock of forking out 30k for a property (Azucena) on Santa Anna Jumilla that may never materialise! we visited our lawyer last week in Alicante. he informs us that we just have to wait and see what the judge says. we do not have a bank guarantee. all i want to know is are we going to get our money back?? i have heard through the grapevine that San Jose are offering alternative properties - we would consider this if no other option. Also, we have ben asked to give our lawyer power of attourney of which we have to go to London and pay approx £350 for the pleasure!
Are there going to be any more meetings as we would love to attend. I think working as a group should help.
Louise 
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Thank you. Do you have any good news?? 
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Louise, I'm (thankfully) not involved. I'm just supporting members. (What a mess).
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Hi Louise
I dont know if your in Alicante to live or if it was just a visit.
We are in the UK and have hired the services of a lawyer/abagado in Spain. We had to visit a notary in our town and then it had to be Appostilled (check the naming!) in London.
The whole process is costing £137.00 in the UK.
The lawyer fees are available from each lawyer on a table of charges and look like being much more reasonable than first thought, due to San Jose declaring the creditors with the administrators (as i understand it so far).
If your at the santa anna place your name should be on the list at the court, and you are already in a 30 day period to check and validate the amount listed. (again as i understand it). You need to jolly up your lawyer to double check this.
Im not claiming to be an expert but for what its worth, use this advice to speak to your lawyer and check where you are at now. You can hire your own notary, its pretty easy but do it quick if you need to....i think. Best wishes
Brian
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Best wishes, Brian
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Hi Brian,
Thanks for the information. We live in the UK still but had the intention of living in Spain in the future. We have our appointment on Friday to visit our notary and have been quoted £200 and will need to pay a courier to deliver the power of attourney to spain along with the original copy of our contract.
We assume that our name is already on the list, but our lawyer has to first prove that we are true creditors, hence he is awaiting our original copy of the contract.
I understand that San Jose will be in breach of contract from September 08, so we await with baited breath!
Keep it coming if you have any more info and thanks
Louise This message was last edited by l.lawson on 6/4/2008.
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Hi everyone,
This is the first we have posted on this site but we have been reading it for a few weeks now. I go on it every evening to see if there are any updates. It seems to be the only way we get information quickly.
I had an email from our Solictor today saying that San Jose has confirmed that we are on the creditors list but she is waiting to receive confirmation from the new adminstrators. She hopes to receive the confirmation next week.
We personally would still LIKE OUR HOUSE and we wait with baited breath to hear what the decision will be.
Bye for now.
Babs & Roger
R4 506
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Hi 2 all
I'm confused - are there 2 creditors lists i.e. one that San Jose has issued to the administrators [and presumably the one Abolex has seen] and the 'official' one that has yet to be listed on the BOE? Presumably the latter is the important one to be on!? Does the 30 day deadline start once the 'official' list has been published?
Keep smiling!
John R7 8
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Hi Briando,
I have put a deposit down on a property on santa ana and have just read your response which states that the 30 day clock to contact the administrators has has started ticking. I have also read other entries from various solicitors on the forum that have said that they will watch out for this event and inform everyone.
Can you (or any other person or solicitor) categorically confirm that everyone needs to start the process of contacting the administrators as the 30 day period has commenced ????
Here's hoping for an advised answer for all of us....
Jim
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Hi Jim
I was saying to Louise that if she is in the 30 day period then it needs checking and lodging, sorry if it was confusing. Its the creditors of the herrada del tollo that is first into administration, im told, so i assume they will be the first to have the 30 day period starting.
I am with San Jose, with a deposit on Albatera (i seem to be the only one left on there!!!!!, maybe i will own the site before long, anybody want to buy a plot?).
The advice i was trying to put over is to make sure the lawyer is switched on to the clock in your own situation and that your claim is recognised.
If you dont have a lawyer then ask the ones on here for the creditors list when its available, they will probably go that far for you and oblige.....
Brian
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Best wishes, Brian
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I looked yesterday and the 30 day period has not started yet as the BOE/BORM has not yet been publicised.
There are two companies that have gone into administration in 2 separate courts in Alicante - Mercantile 1 and 2. Herrada del Tollo is the company owning Santa Ana del Monte site the other is I think San Jose Inversiones. Not sure which sites they own as I have not been following that one in depth.
The creditors list was issued to the court for each company separately hence two lists. The creditors list will not be published in the BOE/BORM you will need to ask your solicitor to obtain it.
Alternatively, if they are not fed up by now, Plusadvisors has the San Jose list and Martin Abolex has the Herrada del Tollo list and they may tell you if you are on it and the amount you are owed.
It appears at the moment that both companies have listed all their creditors.
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Linda Needham
La Alberquilla
Jumilla, Murcia
R4 308 For Rental
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Following the confusion, we would like to help to clarify the matter:
(i) As we have explained in previous posts, there are two companies involved in the insolvency proceedings. These are SAN JOSE INVERSIONES Y PROYECTOS URBANISTICOS, S.A. and HERRADA DEL TOLLO, S.L.
(ii) Neither San Jose, nor Herrada del Tollo are currently in liquidation, they are only under administration. That is, they have financial problems to pay their debts, but at this time they consider that it is possible to pay their debts in due course. Sometimes this can be done by a global agreement by delaying the payments in several instalments or by reducing the amount.
(iii) Of course, the Trustees appointed in these two proceedings are overseeing the operation of the company, which is managed by the current Directors.
Finally, many people are wondering whether their credits are well protected. The only way to know this is by getting on the administrators list and making sure your credits are protected by joining the proceedings.
Once registered the various solutions will only become clear when communications with the administrators, on behalf of the people who have had their credits recognised by the Court, will take place.
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+34 902 150 105
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Thanks for that post Irwin Mitchel.
Is it fair to say the following is of immediate concern then.
1 The crucial aspect of the proceedings is for each person to be on the list of creditors.
2 The two companies have declared the list of creditors to the administrators.
3 The list of creditors is not yet available to check, to see if you are on there or not
4 When the list is made available it is 30 days to ensure you are on there.
I read your post saying that people should be 'getting on the creditors list'. It sounds like there should be something we should be doing.....but what is there to do until the list is published please?
If you have the list, can you publish it.
Regards
Brian
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Best wishes, Brian
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Dear All,
here is the reply to SARC's question about the creditors list from Costa Blanca News ( there will be further update when we get it)
Anthony,
This is the answer from the Law professor at Alicante University.
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“The list presented by the company is useless. They must be included in the list made by the three administrators pointed by the court to get their money back. The administrators have two months time to make the list. If the client is included in the list and the amounts are correct, the client has no problem. Maybe the lawyer wants to be sure the client is included and therefore he needs the contract and other documents to proof the amounts the client paid.”
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However I agree that some lawyers are trying to take advantage of the situation to make large amounts of money and rip off property buyers.
I will look into how much different law firms are charging to put buyers on the creditors’ list.
Cheers, dave
Brianmags R4 556
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