Deadline for San Jose/ Herrada del Tollo procedures

Dear clients and no clients:

Deadline for San Jose / Herrada del Tollo procedures will finish  long before the 1st in September. Ask your lawyers to check on that.

We say this as we are aware that one of the Law Firms in charge of some of you has stated to their clients that deadline and we are concerned on you being out of date.

Please ask your lawyers to review on that.

Best regards,

Maria L. de Castro

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Hi Maria - I live in a San Jose development and they owe us community charges for houses which are unsold.  We have asked our administrator to lodge our claim in court and to give us proof of this in writing but they say they have done this but will only given us the information verbally.  

Can we get something in writing from the court to show that our claim is lodged as we don't trust that the administrator has actually done this and I know the clock is ticking.

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You should better ask your Administrators to show that to you in written under the possibility of reporting it to Court.

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Thanks Maria - will see if that forces them into action!

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Dear all,
The 30 day period ends on the 1st of September.
The official publications are dated 9th of July (BOE).
August does not count for these matters (Art. 130 LEC).
Regards,
Martin

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Dear Abolex:

August counts for these actions. The Law states that they are " natural" not " working days".

Maria

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Dear Maria, please confirm with Court before creating unnecesary stress to clients. Court will admit creditors until the 1st of September. I have confirmed with the Court personally. By the way, August does not count for this actions as civil Courts do not even admit any document during August. Regards

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Dear Abolex:

Acording to the Comercial Law specialist of the litigation team, deadline is 30 natural days from publication in the National Gazette. Anyhow, of course I will check with Courts and will confirm on that.

Thanks a lot,

Maria

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Dear Maria,
With all your respect, please ask your "Commercial Law Specialist from the litigation team" to pick up the phone, dial the Court phone number (which you can find in the "Auto de admision") and ask the person in charge. And please come back with the answer, as I have had clients that were very worried after reading what you wrote.
Again, I have to say it was unnecesary to write "we are aware that one of the Law Firms in charge of some of you has stated to their clients that deadline and we are concerned on you being out of date" instead of dropping me an email to confirm (as it was us the Law Firm you refer to).
A deadline of 30 natural days that ends in a non working day (Sundays, Bank Holidays, or any day in August) automatically jumps to the first working day (if it was on a Sunday, then to next Monday; If it is in August, then to the 1st of September). Because August (Article 130 LEC) is "not working" for these matters.
I hope this clarifies this one.
Have a nice Holiday
Regards

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Dear Abolex:

I have just confirmed the issue with both Commercial Law specialist and Courts. Courts will be gathering documents till the 1st of September as the 9th in August is holiday ( last day of the deadline),  which does not change our statements on the " natural" days ( not working days) for the counting and, effectively, the deadline finishes on the 9th of August.

Apart for this small clarification, I am glad that the clients  can still count with some time till the 1st in September for the protection of their credits, anyhow, we are sending the documentation out today to prevent any kind of problem, this administration proceeding is being complicated and it is proved as advisable to be cautious and prevent future complications.

Also for clarification and your peace of mind, we were not referring to your Law Firm.

Best wishes,

Maria

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Dear Maria,
Thank you for your reply.
Looks now we all agree that papers can be submitted until de 1st of September, as we have always said.
In any case, all our clients have already been submitted as Court will not take papers until then, which is when I presume your clients will go in (as you said your documents are going out today). As you stated, it is advisable to be cautious with these things.
Thank you for your correction and clarification.
Regards,

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Dear Abolex

We get very little information from our Spanish Lawyer about whats going on and when it is likely we are going to get our money back from the Santa Ana Del Monte development. Any information you could give us would be much appreciated.

If anyone else who is in the same situation has any information we would be pleased to hear from you too.

Regards

Roy & June

Gloucestershire

 

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Hi to all,

I just did an update on the thread "Good News for Some I Suppose"

Regards

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 Hi Martin de La Herran Sabick

Sorry but the only update I can see is dated; Aug 2008 which is about the deadline.... can you post the thread again please?

Roy & June

Gloucestershire

 

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Dear Roywatson,

You can join the community forum where that post is, by doing the following:

Click on "COMMUNITY" above

Then click on "MY COMMUNITY FORUMS"

Scroll down the page and click on "ADD ANOTHER COMMUNITY"

Look for "RESIDENCIAL SANTA ANA DEL MONTE" and join it.

You will find loads of information there.

I will send you by private message the update anyway.

Regards,

 

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