19 Jul 2009 12:45 AM:
Reply to Inspectahomespain
" I am not sure how to explain this to you but the direct response is if you do not have a BG then there isn´t one for your property and there is NO POINT contacting the bank because it is nothing to do with them" ???
I cannot undrestand how such a statement can be made given the following facts:
1. The Finca Parc project was financed by CAM Bank and all investors paid their money into an account held in the CAM Bank. Without the CAM Bank there would have been no project, no investors and no contracts to sign! So the idea that CAM Bank can accept investor monies into accounts held at their bank in accordance with contracts signed by investors with Cleyton Ges and then claim that the contracts have 'nothing to do with them' is ludicrous!
2. Spanish law is absolutely clear - no sale without a BG - Therefore by accepting investor money and failing to issue BGs in accordance with the CAM Bank's own contract with Cleyton Ges, the investor contracts, and the law means that CAM Bank has broken Spanish law. According to Cleyton Ges, CAM Bank bluntly refused to honour their legal and contractual obligation to provide BGs to investors whose money was being paid into accounts held at CAM Bank. CAM Bank is under a legal obligation as the financing bank of the project and the bank in receipt of investor funds, to issue BGs, to investors the moment the contracts were signed and the money received by them!
Furthermore, Cleyton Ges explicitly informed investors that the money would be held in an escrow account. This would mean that the money invested by people in Phase 3-4 should have remained untouched, since no building licenses have been issued for Phases 3-4! However, my understanding based on a recent discussion with a director of CAM Bank is that the money was NOT in actual fact held in an escrow account. So yet again investors have been deceived by CG and CAM Bank!
Conclusion
Both CG and CAM Bank have acted illegally by accepting investor money and failing to issue BGs. They are therefore liable to prosecution under Spanish law. CAM Bank as the Bank responsible for financing this project is legally required to immediately issue BGs to ALL investors in this project whose money is held in their Bank.
I STRONGLY urge anyone who has invested money in this project but who has not been issued with a BG to contact me asap, irrespective of whether or not you currently have a solicitor representing you. I am compiling a list of all investors who are in this unfortunate position with all the details of each case. The objective is for investors to present a united front in order to strengthen our position as we endeavour to seek justice in this case.
This message was last edited by Frik on 19/07/2009.
This message was last edited by Frik on 19/07/2009.
This message was last edited by Frik on 19/07/2009.
This message was last edited by Frik on 19/07/2009.
This message was last edited by Frik on 20/07/2009.
Community thread:
DAVID HAMMERSTEIN - MEP
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