13 Jun 2013 7:30 PM:

How does this decision impact on others who purchased on incomplete PW resorts and have never received bank guarantees despite asking for them over 40 times in over 6 years? We were ruled against in court as have others despite PW issuing abusive contracts with no start or completion dates.
Does that mean our court decision is open to challenge?

Regards

Darren

Community thread: Bank Guarantee for Mar Menor Golf Resort Successfully Enforced

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10 Jun 2013 9:12 PM:

I hope you had more success with the burofax than I did. I sent one in January 2009 and never received a reply even though I understand it is a legal requirement for the receiver to respond. You are quite right to say they are only interested in more money and unfortunately courts appear to be siding with them a present.


Community thread: Polaris is not closing on my penthouse 165 2h and not refunding deposit

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31 May 2013 4:51 PM:

Ads

Thanks for the comments. As you mention I cannot understand why we are being penalised for the Spanish legal system delays which in effect gave Polaris World the opportunity to finish our apartment (although not the facilities as advertised. 

I should also mention that we sent a Burofax to Polaris World in January 2009 formally asking for contract cancellation re lack of license, delays and lack of Bank Guarantees which we never received a reply to. All these issues had already been proved successful at court yet because ours was delayed we were ruled against! Is the lack of answer to a Burofax not a breach of Spanish law? 

I mistyped 2009 in my original message as we were originally repeatedly promised the apartment would be completed at the end of Dec 2008.

I believe that there may be some Polaris World cases similar to ours being heard at the Supreme Court. If successful will this impact on decisions already made such as ours i.e. overturn them?

 

Forum thread: Forced to complete after loosing court battle. Please help!!!

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29 May 2013 10:50 PM:

We are in exactly the same position. After the court ruled against us Polaris offered to pay our court fees if we handed our property back and forfeited our deposit of 68k. Our claim was based on the abusive contract, delay in completion, lack of advertised facilities and also the fact that even after over 40 requests we never received a bank guarantee from 2006. The judge stated that the bank guarantee issued wasn't valid as it only applies to unfinished properties which means that because of the 4 1/2 years that it took the Spanish legal system to hear our case Polaris finished our property. We agreed in 2006 and were told that completion would be at the end of 2009 but I think this was just to get us to sign.
We have just been told today that Polaris have decided that they won't pay the legal fees but now want 10k for them. Our solicitors have also sent us a bill for 17.5k just for their time which is ridiculous considering our friends paid 3200 for the same issue and decision.
I have just contacted the Foreign and Commonwealth office as we kept our side of the contract re deposits but Polaris did not have to keep theirs.

Forum thread: Forced to complete after loosing court battle. Please help!!!

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22 Jan 2009 11:42 PM:

Hi there

Forgive my ignorance but can anyone advise where I obtain a pro forma cancellation notice or do I just send a Burofax requesting cancellation on the grounds that PW have had my 1st payment since Oct 06 and 2nd since April 07 and I still have neither Bank guarantee despite repeated requests. I have also just been given a 6 th different(extended) completion date.

Regards

 

Darren

Community thread: phase 2 Terrazas

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