To All Finca Parc Investors in Danger of Losing Deposits

Post reply   Start new thread
:: New - Old :: Old - New

Pages: 1 |

Forum home :: Latest threads :: Search forums
The Comments
18 Jul 2009 00:00 by Frik Star rating. 9 posts Send private message

Hi

I am a UK based  investor who has put more than 85,000 Euros in this project.

I am writing to ALL Finca Parc investors who currently stand to lose all money they have invested in this development by virtue of the fact that neither the developer, Cleyton Ges, nor the CAM Bank fulfilled the terms of the contracts we signed, which clearly state that all payments made are backed by a Bank Guarantee issued by The CAM Bank.  I also have a signed letter from the judicial department of Cleyton Ges  which clearly states that as soon as the contracts are signed and returned, The CAM Bank would issue  the BGs and that these would be immediately returned to us. Although we followed these instructions precisely from our side, the BGs were  never sent, despite repeated enquiries from my representatives and repeated assurances from Cleyton Ges that they would be ‘in the post’.
 
It is clear that we as investors have been taken for a massive/costly ride. Pursuing normal legal channels to recover our money will be an expensive process and take years. We need to short circuit the process!
 
To achieve success against these cowboys, we need to act  NOW as a group. It is my intention to elevate this case to the highest levels by reporting both the Bank and the developers to Spanish and European Banking Regulators and UK /European consumer protection agencies to ensure that both the bank and the developers are investigated and hopefully blacklisted. I will also be raising the matter to the highest levels within the British Government.
 
I also have strong connections with leading UK media organisations/ newspapers  and I will be providing them with all the details of this case to ensure that the public are made aware of what has happened.
 
It is illegal in Spain to sell an off-plan property without a providing a BG. I have had professional legal advice on this matter.
 
It is clear from that the both the developer and the bank (as the financial backer of the project) developer have not fulfilled their contractual AND legal obligations to provide many Finca Parc investors with a BGs. It is not acceptable to say that there are no BGs for properties not in Phase 1 or 2 since the contract that we both signed makes it abundantly clear that there IS a  BG, as do numerour letters I have in my possession from Cleyton Ges. There is absolutely nothing in the contract that says that the BGs will only be released after a building license is granted or that there are no guarantees on Phase 4 etc. You CANNOT suddenly decide to change a contractual obligation post facto! The contract in fact states ABSOLUTELY NOTHING about difference in treatment of BGs in respect of plots in different phases. It simply states that the contract that we signed comes with a BG
 
The simple fact is that the contracts that we signed are clearly backed by BGs. I have been advised by my lawyer that given all the evidence that I have in my possession, the case would be clear-cut and overwhelming in any Spanish court.
 
If you are in a similar position to me, please get in touch asap, either by calling me directly on 00447887986976.
 
Thanks

 

 





Like 0      
24 Jul 2009 10:04 by mariadecastro Star rating in Algeciras (Cadiz). 8578 posts Send private message

mariadecastro´s avatar

In off plan purchases, regarding the wording of the contract, the obligation to provide Bank Guarantee and to give full money paid plus legal interests back if the property is not started or finished in time in of LEGAL CHARACTER and cannot be waived, so regadless the contract mentions it or not and regardless the way the contract mention these rights, YOUR LEGAL RIGHTS ARE FOR FULL REFUND+LEGAL INTERESTS under circumnstances exposed below.

Go fight hard!



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 0      
20 Oct 2009 08:49 by mariadecastro Star rating in Algeciras (Cadiz). 8578 posts Send private message

mariadecastro´s avatar

Legal tip 166. No Bank Guarantee?: action against the Bank
20 October 2009 @ 08:41

 

New action against the Bank in case of lack of Guarantees of Law  57/68


 

 


 

I had had a legal instinct for this since I started working in this type of cases , and have been trying to see, and to see, and to see and I finally saw:



If the Promoter opened a special account where they deposited the amount of your purchase off plan and the Bank did not give bank guarantees or checked out that those guarantees ( also possible through Insurance contract) existed,THE BANK IS RESPONSIBLE  in accordance to provision 1.2 of said Act  for the devolution of handed amounts plus legal interests if the works are not started or completed on time.



A great solution for many purchasers who lacks Bank Guarantee and a way to start building up a  more risponsable financial system! It is about time to this.



www.costaluzlawyers.es


 


 

Madrid, November by Martius at Flickr.com



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 0      
25 Nov 2009 18:11 by Keith110 Star rating in the UK and I am lead.... 678 posts Send private message

FINCA PARCS ACTION GROUP - NO BANK GUARANTEES

For almost 3 years I have been part of a group of 8 Finca Parcs purchasers who were never issued with the legally required Bank Guarantees from Cleyton GES/Finca Parcs and CAM Bank.  We reserved in November 2006 and have been chasing the developer and bank since that date.  During this time we have collected a huge amount of correspondence and evidence in this matter.

In the last 2 months our group has grown to 31 Finca Parcs purchasers with a total of 40 plots and we are adding new members each week.

I am co-ordinating the group and we have submitted all the required data to Max Kite at Finca Parcs Refunds.  Max Kite has been like a breath of fresh air and has replied to every email I have sent him on behalf of the group.  In 3 years of dealing with Cleyton GES we have never received such prompt responses to our communications.  Unfortunately, Max Kite is only employed by Cleyton GES solely for the collection and collation of data and as such his role is very limited.

As a group we have supported the refunds process by submitting the required data (copies of Sales Agreements and Bank Transfer Documents) and allowing Cleyton GES some time to carry out negotiations with the Arab Investment Group who we understand are interested in purchasing Cleyton GES/Finca Parcs for the value of the debts.  However, we now feel the Refunds Process is taking far longer than originally stated and we still have no tangible evidence to suggest that it will lead to a refund as promised.

In their last official communication issued on 9 November 2009, Cleyton GES stated:

To date, we have collated approximately 95% of all of the documents necessary for us to calculate the precise figure for the new investment company.


Until we have a 100% of the documentation it is not going to be possible to give the exact completion date for each client but we are hopeful to be able to give all concerned a solid date by Christmas.

May we reiterate the urgency and utmost importance that the few outstanding clients contact us by internet or telephone to facilitate the transfer of documentation, so that we can bring closure to this complicated situation.”

Therefore to avoid Cleyton GES continuing to use the above as a reason for delay we would urge all Finca Parcs purchasers with or without Bank Guarantees to register with Max Kite at Finca Parcs Refunds either by telephone on:
0034 686767921 or by email to: refundsfincaparcs@hotmail.com

Purchasers with Bank Guarantees should then be able to execute their Bank Guarantee with CAM Bank.

However, as a group, all without the legally required Bank Guarantees, we are determined that justice must prevail and all innocent purchasers who were never issued with the legally required Bank Guarantees should receive a full refund together with the addition of legal interest.  This is a very serious and complex situation and therefore as a group we are unable to give a 100% guarantee of success to anyone, however you can be sure we will leave no stone unturned in the fight to uncover the truth and recover our deposits.

We have legal representation in this matter from Maria Luisa de Castro of Costaluz Lawyers and have secured a reduced level of legal fees due to the number of purchasers in our group.

Our legal team have studied the case together with a professor of Spanish Law and we are now ready to commence legal/criminal proceedings in this matter.

If you have NOT received the legally required Bank Guarantee from CAM Bank and Cleyton GES and would like to join our group then please send me a private message via EoS or send me an email with your name and plot number.

I will then reply with full details of our group and the information we require from you.

Kind regards


Keith
FINCA PARCS ACTION GROUP

Email:           fpag@btinternet.com
Mobile:          07956 375749
Intl:              0044 7956 375749



_______________________

LEY 57/1968
CLICK HERE FOR THE BANK GUARANTEES IN SPAIN WEBSITE

       
      

fpag@btinternet.com




Like 0      
02 Dec 2009 18:49 by Keith110 Star rating in the UK and I am lead.... 678 posts Send private message

FINCA PARCS ACTION GROUP

Our FINCA PARCS ACTION GROUP now has 35 purchasers with 44 plots between us and we are adding new purchasers each week.

We are ready to commence legal / criminal action against CAM Bank and Cleyton GES.

If you are a Finca Parcs purchaser who has not received the legally required Bank Guarantees from CAM Bank and Cleyton GES please email us urgently.

By joining our action group you will benefit from much reduced legal fees based on the amount of our group claim.

Kind regards

Keith
FINCA PARCS ACTION GROUP

Email:           fpag@btinternet.com
Mobile:          07956 375749
Intl:              0044 7956 375749



_______________________

LEY 57/1968
CLICK HERE FOR THE BANK GUARANTEES IN SPAIN WEBSITE

       
      

fpag@btinternet.com




Like 0      

Pages: 1 |

Post reply    Start new thread


Previous Threads

New Law in evicting tenants in Spain! - 5 posts
RYANAIR WINTER FLIGHTS - 0 posts
want to send stuff back to uk? - 1 posts
San Jose /Herrada del Tollo - 4 posts
barking dog - 4 posts
WATCHDOG, WOULD ANY ELSE LIKE TO APPEAR ON WATCHDOG FOR VILLAPAC - 0 posts
Lack of hire cars - 2 posts
Much needed information and not misinformation - 13 posts
Buy a share in a property??? - 0 posts
DJ MIXER NEEDED - 2 posts
RYANAIR WINTER FLIGHTS - 0 posts
Personal Loan - 2 posts
changeover cleaning costs on renting propery - 1 posts
Satellite dish for sale - 2 posts
PARKING STORAGE & SALES - 0 posts
Sky TV Change Viewing Cards - 22 posts
Marks and Spencers - 7 posts
Cheap car hire from Malaga Airport - 0 posts
speeding fine - 0 posts
Non residents vendors can reclaim for overpayment of taxes - 1 posts
car windows tinted in Murcia region - 2 posts
taxi fares from san javier airport to san pedro del pinitar - 4 posts
dodgy rental company - 0 posts
Anybody know any swimming pool cover companies in Murcia Region? - 4 posts
Anyone know how much taci San Javier to Cabo Roig may be? - 5 posts

Number of posts in this thread: 5

DISCLAIMER:  All opinions posted on these message boards are the opinion solely of the poster and do not necessarily reflect the opinion of Eye on Spain, its servants or agents.


1 |
Our Weekly Email Digest
Name:  
Email:
   
Compare car hire in Spain


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x