Fw: Fwd: Asilah Home Beach Court Case

[Alaa Alani]

Dear All,

As you may be aware that a number of our Spanish friends investing in Asilah Home Beach have decided to take a legal action against the developer, and have appointed a Moroccan Solicitor in Tangier to apply to the court to recover the deposit they paid 6 years ago.

We also decided to join the court case, and have been in contact with the solicitor to clarify the aim, process and charges. Please see the email exchanges with the solicitor below, and let me know if you would like to appoint the same solicitors. More people joining means lower legal fees but the deadline is 30th November.

Kind Regards,

Alaa Alani

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From: hatim EL KHATIB <elkhat...@gmail.com>
To: Alaa Alani <afa...@yahoo.com>
Sent: Monday, November 10, 2014 2:36 PM

Subject: Re: Fwd: Asilah Home Beach Court Case

Dear Mr Alani,

Could you inform me about the number of the buyers  ootentially interested in joining the spanish group?

Best regards.

2014-11-10 12:03 GMT+00:00 Alaa Alani <afa...@yahoo.com>:

Dear Mr. El Khatib,

A number of buyers in the UK expressed interest in joining the Spanish group in this court case against the developer but your charges seem quite high. I have been told that if more people join the case, the charges will be reduced, so as you mentioned earlier there are about 30 Spanish people, how much is your charge now?

 

Best Regards,

Alaa Alani

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Dear Sir,

Would you please find herefater our comments:

Does this mean you won the case in the court? Have the clients received their deposit? If no, what can the court do to force the developer to return the deposit?

I confirm you that  we won the case in the firts instance. We are waiting now for the appela court decision wich  will allow us  to force the developper to return the deposit.

What is the claim this time? Is it different claim to the first one mentioned above?

Our office is representing  a first clients group ( about 15 client)  from last year. A second group - mainly spanish clients_  ( about 30)  are sending us their documents in order to  go on with their claim  at least at the end of this month.

What if the developer decided to pay back the deposit and sell the apartments to other people or at higher prices?

Once the claim is  presented, we will proceed to the land seizur in order to avoid any developper misconduct.

Furthermore, the investor's  is still allowed to ask  for the contract exécution even if  he went to court in order to obtain his deposit pay bacK.

The developper would not be in position  to sell the apartment without a previous agreeement with the investor's  involved in this project.

What if we failed to get the deposit back? Is this a no-win no-fee service?

I confirm you that the agreement is no win- no fee.

I remain at your disposal should you need any further information.

Best regards.

2014-11-05 15:40 GMT+00:00 Alaa Alani <afa...@yahoo.com>:

Thank you very much for your prompt reply. Some points mentioned are still not clear. Can you please clarify these points which have been highlighted in RED in your reply?

Many Thanks,

Alaa Alani

 

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---------- Forwarded message ----------

Dear Sir,

 

Following your last email,  I confirm you that our office  is in charge of several court  requests against  the company named HOME BEACH SARL,  on behalf of  the clients that have signed some years ago with the aforesaid company an agreement concerning  the apartments located in the Asila  HOME BEACH resort.

 

 Last year we have  applied  complaints at Tangier court in order to state that  the contract signed  by our clients and HOME BEACH SARL are null and void and   order  the company  to  pay back the clients  deposit.

 

We have recommended this option to the clients, considering  that the contract  proposed by the developer  is not in accordance with the Moroccan  regulation,  and the  chances to obtain a positive decision is higher than  if we go through to the contract resignation proceeding  due to developer delay.

 

As we have informed previously  our clients, this way is safer from the legal point of view but  the clients are not allowed to ask for the delay compensation.

 

At this time,  I can  confirm you that  we have obtained a  first decision for all this files, according with our request.

Does this mean you won the case in the court? Have the clients received their deposit? If no, what can the court do to force the developer to return the deposit?

 

Furthermore, I confirm  you that a group of several Spanish clients ( about 30 till today) have confirmed  their  decision to   claim against the developer  by appointing our  office. At this time, we are  receiving the legal documents concerning each clients in order to start working not later than November 30th.

What is the claim this time? Is it different claim to the first one mentioned above?

 

On the other hand,  I inform you that regarding the project situation till today, we consider that  there no sense to apply for the contract execution. Even if we obtain  a positive decision ,  the court sentences could not by executed till the achievement  of the project works.

 

However, I confirm you that some of our clients are  interested in  buying the properties once the project is achieved.  These clients could ask for the contract execution later even if they obtain  a  court decision according with their request . They  would be in position  to  ask  the developer  to pay back the deposit  or  to  sign a definitive new contract with the conditions taking in consideration the developer delay.

What if the developer decided to pay back the deposit and sell the apartments to other people or at higher prices?

 

Finally,  I inform you that  our office fees are estimated at the equivalent 12,5%  of  the deposit paid by the  investors.

 

The clients should pay  at the beginning  800 Euros, plus VAT ( 10%) as part of the fees indicated above. The remaining fees become due when  the case is won  and the deposit is returned .

What if we failed to get the deposit back? Is this a no-win no-fee service?

 

If the client chooses continuing  the purchase,  once the  case is won  and the project  finalized, by signing  a definitive contract with the developer,  the remaining fees should be paid to our office on the basis of the deposit  requested and taking in consideration the  800 Euros, plus VAT paid at the beginning.

 

I remain at your disposal should you  need any further information.

 

 

 Best regards

 

 

 

 

 

Dear Mr. Elkhatib,

 

I am an investor in Asilah Home Beach development and have been told by our Spanish colleagues that you are applying to the court  to claim back the deposits paid by the investors. I was told that your charges are 800 Euros which is part of a 10% of the deposit which becomes due when the case is won and the deposit is returned. There are a number of British investors who might be interested in appointing your firm as lawyers but have some questions:

 

1/ What is the exact court case? Is it to reclaim the deposit or reclaim the deposit and compensation?

2/ If reclaiming compensation, how much is it?

3/ Are you also acting on behalf of some investors who want the property rather than the deposit? If so, how much is your fee?

4/ When is the deadline for making the application?

 

I look forward to receiving your reply as soon as possible.

 

 

Best Regards,

 

Alaa Alani

UK

[CHRIS ESPLEY]

Hi Alaa,

I am interested but some people are also going with a company called Judicare below, do you think it might be worth approaching them for a price as well before we commit. I could get a price if you like?

Tel: 01438 840258

Mob: 07808 069 443

Skype: judicaregroup

www.judicaregroup.com

 

Chris & Julie

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From: 'Alaa Alani' via Asilah Home Beach <asilah_h...@googlegroups.com>
To: Asilah Home Beach <asilah_h...@googlegroups.com>
Sent: Monday, 10 November 2014, 16:02
Subject: Fw: Fwd: Asilah Home Beach Court Case

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[David Lockhart]

As I have pointed out before there is a legal firm called Legal Property Solutions acting on behalf of a number of investors in pursuing a legal claim. They are based in Spain and they are seeking compensation from the developers solicitors (PI insurance).

From memory the cost is about €1,300.

Hope this helps.

David Lockhart

Spectrum Investment Management

Sent from my iPhone

Mobile 07768 046419

[CHRIS ESPLEY]

Hi David,

are you going with LPS?

 

Chris & Julie

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From: David Lockhart <da...@spectruminvestmentmanagement.com>
To: "<asilah_h...@googlegroups.com>" <asilah_h...@googlegroups.com>
Sent: Monday, 10 November 2014, 19:33
Subject: Re: Asilah Home Beach Court Case

[David Lockhart]

Yes. I instructed them a while ago. Progress is VERY slow but I am told that a hearing in Benalmadena is due soon!

David Lockhart

Spectrum Investment Management

Sent from my iPhone

Mobile 07768 046419

[Chris Espley]

Thanks David 

Sent from my iPhone

[David Lockhart]

I'm not sure how many people have instructed them but I know there are quite a few 

David Lockhart

Spectrum Investment Management

Sent from my iPhone

Mobile 07768 046419

[afa...@yahoo.com]

We are going along with the Spaniards to Alkhatib solicitors as they have successfully got a court order for some Spanish investors, and they are also Morocans which makes them familiar with the local laws and legal process. We hope to get a discount if more people join. Regards, Alaa Alani Sent from Yahoo Mail on Android

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From: David Lockhart <da...@spectruminvestmentmanagement.com>;

To: <asilah_h...@googlegroups.com>;

Subject: Re: Asilah Home Beach Court Case

Sent: Mon, Nov 10, 2014 8:22:52 PM

[CHRIS ESPLEY]

Count me in then.

 

Chris & Julie

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From: "'afa...@yahoo.com' via Asilah Home Beach" <asilah_h...@googlegroups.com>
To: "asilah_h...@googlegroups.com" <asilah_h...@googlegroups.com>
Sent: Monday, 10 November 2014, 20:48

[Steve Walsh]

Hi Alaa

Please count me in and pass on my details.

Steve

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