07 Feb 2008 12:52 PM:
Naomi Webb of IURA Despacho Juridico commented on a report from a member that Grupo Urbassa was going into liquidation or bankruptcy:
‘Palmera Properties can only be held accountable for the amounts they retained. If the promoters are declared bankrupt and are unable to return the funds they received from buyers they will have to pay in other ways such as serving prison sentences. There is no better incentive to come up with the money or other assets to settle the claims.
As we have mentioned on a number of occasions we all need to be very patient, this is a case with over 40 people or couples and in order to obtain the right result when this does go to trial we need to go over every document with a fine comb, we want nothing to escape us, the last thing we need is for them to get off on a technicality.
There is a trial that is taking place now involving Grupo Mirador and Palmera Properties in which they have been accused of fraud, but there has been no sentence as yet from the Judge. These buyers are in the same situation as most of our clients, they initiated their claim approximately a year ago and the outcome of that trial will give us an idea of how events may unfold in our own case.
This is a slow procedure and it is impossible for me to update you on a daily basis, sometimes weeks will pass and there will be nothing new. All I can say is we are working very hard on this case, but really we are talking about over 40 cases, although the cases are very similar, each has to be studied individually, which takes up a lot of time, plus the fact that we obviously have other clients and cases to deal with.
People need to know there are no quick fixes, this is a court case and if we want to these people to be held responsible for their actions, we need to tread carefully and make sure there is no doubt in the Judges mind.’
Tomás Fernández of IURA Despacho told us yesterday in a meeting at which Naomi was also present that the case we are filing is the first criminal action against Palmera Properties, Grupo Mirador and the other promoters and constructors in the firing line. We are alleging theft and fraud against these people and companies.
This is obviously far more serious than a civil case because imprisonment goes with it. That prospect will encourage the miscreants to work harder to settle matters.
Tomás and Naomi are following the activities of Gotardo Rodriguez who is now setting up new companies in Spain and the UK in order to continue his nefarious business activities. He is also using the old dodge of setting up in his wife’s name.
You only have to read the press, even if it is in Spanish, to realize that the Spanish property market is now a major disaster area. Malága province now has more than 100,000 unemployed for the first time since 1998 and it’s all down to the property market. Estate agents have closed their doors and constructors have laid off the work force and are fighting bankruptcy. I am not trying to be too much doom and gloom but the only way now for anyone to recover the deposits they have paid or to get their hands on the property is by legal action.
Whether people join us or go another route it is up to them but I would urge everybody to hire a good Spanish lawyer because the vultures such as the Spanish taxman are now circling all these Spanish companies.
We do have a big fight on our hands with this bunch of crooks and can only go forward to recover the money you have paid them.
Best regards,
Gwilym Rhys-Jones
Adviser and Investigator
Costa del Sol Action Group
http://www.costa-action.co.uk/
E-mail: gwilymr-j@terra.es
Tel: + (34) 951 31 82 77
Mobile: + (34) 699 840 606
Skype address: gwilymrj
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