1. There are currently 52 responses in total currently
2. Almost Half of them have their contracts signed and the other half has not signed their contracts
3. Most people do not have apartments with rental guarantee( lets reduce this as a focus for the time being)
4. Goldcrest dreams and Gold Crest Dreams 3 are the major owners fo the apartments
5. Majority of the owners own 1 bedroom apartments
6. An overwhelming majority WANT a price reduction and some want delayed payments
7. 31 out of 52 people want to physically go to ETA with the letter
This is a very good sign and now we need to review the draft before it is finalised
52responses
Summary
Name
Karena L. GomesMr Sipar AhmedKhaan AdeelDaniel ThomsonSyed Shahid ImamDaniel ThomsonEugene de VilliersSyed Fattah JalilHaresh C Khatriamir mbillyKarsanВалентинаlynne scottPrashant Kapoormunmun namat...
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Contract with ETA signed? |
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Contract with Rental Guarantee? |
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Development |
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Type of Apartment |
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Building-Unit
T03-1104Goldcrest Business Vistas Office 1403C-04Type F Tower 6 Unit -910A-1206Tower 6 Unit 910C-09_2415Tower B Unit 2012C-908c-309c240C-7, A1 & A2A -02unit 1315 tower 6Tower 2 1910C-01-111C-01-111b...
Location
Emirates CityEmirates CityEmirates CityEmirates CityEmirates CityEmirates Cityemirates cityEmirates CityEmirates Cityemirates cityemirates cityEmirates CityЭмират Ситиemirates cityEmirates Cityemira...
karena...@gmail.comsiparahmed@talktalk.n...@hotmail.comdrthomson80@hotmail.coms...@gmail.comdrthomosn80@hotmail.co...@hotmail.comsfjalil@googlemail.c...@gmail.co...
current residence
Dubai, UAELondon, UKKuwaitUAEUAEDubai,UAEdubai, uaeWoking, United KingdomUAEcanadaLondonукраинаbahrainLondon, UKU.A.EU.A.Edubai, uaeDubai, UAEOmanDubai, UAEUnited KingdomLondon, UKBahrainManama, Bah...
Cell phone
0044771744174400965-66506736+971507984953050 893204305079849530504660851+447921263274009715086412899999900973391207740044-7834350470050-3416617050-341661705065114590505586015+96899434426050 342 8523...
Alternative contact
NA06 7445783+441483824128613 736 80558888800973177507890044-2085778199040-3357457040-335745704312530004 344 5417please contact via email0097317600431+982188441999971 04 344 541797143374291gcdinvesto...
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Discount Interested in |
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People may select more than one checkbox, so percentages may add up to more than 100%. |
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Discount NOT Interested in |
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People may select more than one checkbox, so percentages may add up to more than 100%. |
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Want to be part of group going to ETA |
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Comments
Why dont you have Goldcrest Business Vistas in your list which was launched at the same time as Goldcrest Dreams 3 but before Goldcrest Dreams 4. This is a huge officetower completly sold to investors like myself with a high price per sqft starting at AED 510 per sqft. There are many investors here. Please list this as one of the your developments. Thanks. SiparPlease keep up the good work and let's put up a united front. Best regards, The most serious problem here is our inability to realise revenue from our investment. Any serious delay such as the one that has happened affects the...
Hello,
Could you please send the letter to me? I have not received it.
Thanks
|
Folks any update on the letter we sent to GCD
From: gcdin...@googlegroups.com
[mailto:gcdin...@googlegroups.com] On Behalf Of Rauf, Abdur
Sent: 07 September 2009 13:23
To: gcdin...@googlegroups.com
Subject: Responses so far
1. There are currently 52 responses in total currently
Sent from my BlackBerry® wireless device
Hickesh,
I have tried calling as well; no one seems to picking up.
Friends,
Has anyone else gotten hold of Star-Giga lately on the GCD-1 project.
April is very close and per the contract they have to refund our money + interest if they do not hand over the property. Properties in Dubai are protected by RERA, what is available under Ajman law. I personally would like to get rid of my property even if I have to sell it for a loss.
Thanks,
Sam
From: gcdin...@googlegroups.com [mailto:gcdin...@googlegroups.com] On Behalf Of hickesh parmar
Sent: Tuesday, January 26, 2010
4:03 PM
To: gcdin...@googlegroups.com
Subject: RE: Responses so far
does anybody know what is happening with goldcrest dreams
1.
I cannot get hold of anyone at eta to give me a progress update?
Regards
Mr Hickesh
From: duba...@hotmail.com
To: gcdin...@googlegroups.com
Subject: RE: Responses so far
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Do you have a story that started on Hotmail? Tell us now
=============================== CONFIDENTIAL & PRIVILEGED COMMUNICATION The information contained in this message is privileged, confidential, and protected from disclosure. This message is intended for the individual or entity addressed herein. If you are not the intended recipient, please do not read, copy, use or disclose this communication to others. Also please notify the sender by replying to this message, and then delete it from your system. The sender totally disclaims, and will not accept, any responsibility or liability for the unauthorized use, or the consequences of any unauthorized use, of this communication or message.
Guys,
Just got hold of one Mr. Shakeel at Giga; new number is 04 330 7640; very unprofessional response.
He stated that the tower C is in 14th floor; construction is going on but very slowly; I asked about my right for refund as at April; he said that they have the right to delay for 2 years due to Force Majeure. I told him to not bullshit with me as I work in Legal and I know what Force Majeure is; further there is no formal notification from Star Giga on the FM till date. He asked me to send an email to: c...@stargiga.ae. He was not willing to discuss on phone any further, that slimy weasel; not sure if he would sing the same song if he had invested his hard earned money….
In the end I believe they are going to bull shit us and delay everything to their convenience.
I will send a formal and detailed email and will see what they respond to.
Regards,
Sam
Empower your Business with BlackBerry® and Mobile Solutions from Etisalat
Gents:
Those of you who have
1) some legal experience
2) aware of Ajman property laws
3) aware of Ajman civil laws
PLEASE OWN UP AND HELP US ALL TO HELP EACH OTHER.
I am willing to help with contract interpretation; but my knowledge of Ajman law is nil.
April 2010 is very close; so if we miss this opportunity to withdraw our money; we are screwed.
Thanks,
Sam
Meeting face to face will be great but all of us are busy so we may not have time to travel and meet (some of you may be out of Dubai).
Alternative suggestion would be group up in Yahoo or MSN messenger and chat for solutions.
My gut feel is that Star Giga will refuse to meet or we will just meet with some low level asshole who is paid to lie.
From: gcdin...@googlegroups.com [mailto:gcdin...@googlegroups.com] On Behalf Of hickesh parmar
Sent: Tuesday, January 26, 2010
4:43 PM
To: gcdin...@googlegroups.com
Subject: RE: Responses so far
I agree with Sam.
also it would be good if some of us could meet up in Dubai in maybe a month from now and visit
star giga to get some answers.
Subject: RE: Responses so far
Date: Tue, 26 Jan 2010 16:40:43 +0400
From: Venkatarama...@me.weatherford.com
To: gcdin...@googlegroups.com
We want to hear all your funny, exciting and crazy Hotmail stories. Tell us now
=============================== CONFIDENTIAL & PRIVILEGED COMMUNICATION The information contained in this message is privileged, confidential, and protected from disclosure. This message is intended for the individual or entity addressed herein. If you are not the intended recipient, please do not read, copy, use or disclose this communication to others. Also please notify the sender by replying to this message, and then delete it from your system. The sender totally disclaims, and will not accept, any responsibility or liability for the unauthorized use, or the consequences of any unauthorized use, of this communication or message.
I agree with Sam.
also it would be good if some of us could meet up in Dubai in maybe a month from now and visit star giga to get some answers.
Subject: RE: Responses so far
Date: Tue, 26 Jan 2010 16:40:43 +0400
We want to hear all your funny, exciting and crazy Hotmail stories. Tell us now
Sorry, but I clicked send accidentally.
Continued………….
Recommendation is to hire a good lawyer in Ajman (and promise him a share of the recovery) and take this legally to see if we can get our money + the interest in contract (3%) back in April 2010. Understand that each of us need to take it individually; but if we can go together to a lawyer, he will see the benefit of the volume business. I am willing to part with 25% of the paid funds if I can get the refund – I can put the money to better usage.
From: V. (Sam)
Saravanan
Sent: Tuesday, January 26, 2010
4:46 PM
To: 'gcdin...@googlegroups.com'
Subject: RE: Responses so far
Meeting face to face will be great but all of us are busy so we may not have time to travel and meet (some of you may be out of Dubai).
Alternative suggestion would be group up in Yahoo or MSN messenger and chat for solutions.
My gut feel is that Star Giga will refuse to meet or we will just meet with some low level asshole who is paid to lie.
From: gcdin...@googlegroups.com [mailto:gcdin...@googlegroups.com] On Behalf Of hickesh parmar
Sent: Tuesday, January 26, 2010
4:43 PM
To: gcdin...@googlegroups.com
Subject: RE: Responses so far
I agree with Sam.
also it would be good if some of us could meet up in Dubai in maybe a month from now and visit
star giga to get some answers.
Subject: RE: Responses so far
Date: Tue, 26 Jan 2010 16:40:43 +0400
From: Venkatarama...@me.weatherford.com
To: gcdin...@googlegroups.com
We want to hear all your funny, exciting and crazy Hotmail stories. Tell us now
=============================== CONFIDENTIAL & PRIVILEGED COMMUNICATION The information contained in this message is privileged, confidential, and protected from disclosure. This message is intended for the individual or entity addressed herein. If you are not the intended recipient, please do not read, copy, use or disclose this communication to others. Also please notify the sender by replying to this message, and then delete it from your system. The sender totally disclaims, and will not accept, any responsibility or liability for the unauthorized use, or the consequences of any unauthorized use, of this communication or message.
Hikesh,
I will join you; I will PM you my contacts.
Regards,
Sam
From: gcdin...@googlegroups.com [mailto:gcdin...@googlegroups.com] On Behalf Of hickesh parmar
Sent: Tuesday, January 26, 2010
4:50 PM
To: gcdin...@googlegroups.com
Subject: RE: Responses so far
the 4th is too short notice for me, but i will be going to star giga on
the 25th feb if anybody wants to join me.
Subject: RE: Responses so far
Date: Tue, 26 Jan 2010 16:47:52 +0400
From: Venkatarama...@me.weatherford.com
To: gcdin...@googlegroups.com
Guys,
JP has hit the nail spot on (once again). Thank you JP.
Who all want to hire a lawyer and get their money back, email me confirming this (appreciate your confirmation before end of this month); we can then evaluate the total number of participant and then approach a good (but expensive) lawyer on the basis of volume discounts. I will also ask my Company to see if they can recommend any good local law firm.
Best regards,
Sam
Omer,
Call Shakeel + 971 4 330 7640;, he will update you on the project progress but will give you all bullshit thereafter. Just get the update and hang up.
Regards,
Sam
Syed,
Can you recommend the contacts of your lawyer.
I would recommend that we gather some momentum on this and by 1st Feb get a list of people who are willing to go the legal path. Then we can fight this battle unitedly.
As for me, I commit to fully support to the extent my mandatory business travels permits.
Best regards,
Sam
Please fill up your details in the below format for those of you who want to go the legal way.
I will keep track of all emails and 31st Jan will be the cut-off date.
1) Venkataraman Saravanan; GCD-1, Tower C, Unit 401 (Cell: 050 558 6015)
If you are not comfy putting your cell on public, please PM me on venkatarama...@me.weatherford.com
In the mean-time, I will follow-up on
1) formally communicating with Star Giga on my intentions to withdraw my funds + interest in April 2010 to see what they respond; this will help us build our legal case; I will cite all their unprofessionalism and lack of response, and sick excuses ( such as they have not updated my email after I asked them to do it on at-least 4 written occasions and now say that they have been sending updates to my old email address – a bunch of liars) in my letter.
2) Working with other members of this team to identify suitable legal firms.
Regards,
Sam
From: gcdin...@googlegroups.com [mailto:gcdin...@googlegroups.com] On Behalf Of hickesh parmar
Sent: Tuesday, January 26, 2010
5:18 PM
To: gcdin...@googlegroups.com
Subject: RE: Responses so far
i would like to get a lawer and get my money back.
count me in.
Subject: RE: Responses so far
Date: Tue, 26 Jan 2010 17:14:38 +0400
From: Venkatarama...@me.weatherford.com
To: gcdin...@googlegroups.com
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=============================== CONFIDENTIAL & PRIVILEGED COMMUNICATION The information contained in this message is privileged, confidential, and protected from disclosure. This message is intended for the individual or entity addressed herein. If you are not the intended recipient, please do not read, copy, use or disclose this communication to others. Also please notify the sender by replying to this message, and then delete it from your system. The sender totally disclaims, and will not accept, any responsibility or liability for the unauthorized use, or the consequences of any unauthorized use, of this communication or message.
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Guys,
Can someone please take the mantle on identifying any other projects Giga has delivered in Dubai or elsewhere in the same timeframe; we can then claim that they used our money to offeset another project for financial interests and are now delaying our project.
As u can c; just trying to gather the facts for a stronger case.
Thanks,
Sam
| The Advocates Office 704, Grosvenor House Commercial Tower, Sheikh Zayed Road, P.O. Box 288 Dubai, U.A.E. Tel.: +971 4 3298288 Fax: +971 4 3298688 E-mail: in...@theadvocates.ae |
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I agree with Sam.
also it would be good if some of us could meet up in Dubai in maybe a month from now and visit star giga to get some answers.
Subject: RE: Responses so far
Date: Tue, 26 Jan 2010 16:40:43 +0400
We want to hear all your funny, exciting and crazy Hotmail stories. Tell us now
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You received this message because you are subscribed to the Google Groups "gcdinvestor" group.
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Ann
>>> "lpscott" <lps...@batelco.com.bh> 01/26/10 10:03 PM >>>
--
Dear Guys
I am an investor in GC smart towers in Ajman.
Please count me in for getting a lawyer.
I have invested over 18 months ago with no action yet from GC in starting the building.
Please have me updated if you are taking any consolidated action.
Thanks Ehsan Mivehchi (Iran)
From: gcdin...@googlegroups.com [mailto:gcdin...@googlegroups.com] On Behalf Of Syed Shahid Imam
Sent: Tuesday, January 26, 2010 8:26 PM
To: gcdin...@googlegroups.com
Shahid,
I have reviewed all the articles and have set up a meeting with my company lawyer at 1 today; I will consult breach of Buyer and Force Majeure provisions and my proposed letter with him as well and will forward the letter to giga today.
I will also forward the list of personnel who have agreed for legal action. We then need to nominate a few action parties who will join us for lawyer selection and giga meetings.
Sorry about the delay, but as you know I was running a spate of ill health.
Regards,
Sam
This message was sent using a Blackberry device
i have just been looking on the ETA Star website and Goldcrest Dreams 1 has been taken off. Even the pictures for "under Construction" have been taken down.
I sent an email to the CRM last week and they have not even bothered to respond.
Now im starting to panic!
Mr Hickesh
Date: Tue, 2 Feb 2010 22:32:29 +0400
Subject: Re: ACTION PLAN - WAY FORWARD.
From: syedsha...@gmail.com
To: gcdin...@googlegroups.com
Shahid,
I have reviewed all the articles and have set up a meeting with my company lawyer at 1 today; I will consult breach of Buyer and Force Majeure provisions and my proposed letter with him as well and will forward the letter to giga today.
I will also forward the list of personnel who have agreed for legal action. We then need to nominate a few action parties who will join us for lawyer selection and giga meetings.
Sorry about the delay, but as you know I was running a spate of ill health.
Regards,
Sam
This message was sent using a Blackberry device
From: gcdin...@googlegroups.com <gcdin...@googlegroups.com>
To: gcdin...@googlegroups.com <gcdin...@googlegroups.com>
Sent: Tue Feb 02 22:32:29 2010
Subject: Re: ACTION PLAN - WAY FORWARD.
Sam,
On Tue, Jan 26, 2010 at 8:47 PM, V. (Sam) Saravanan <Venkatarama...@me.weatherford.com> wrote:
Sorry, but I clicked send accidentally.
Continued………….
Recommendation is to hire a good lawyer in Ajman (and promise him a share of the recovery) and take this legally to see if we can get our money + the interest in contract (3%) back in April 2010. Understand that each of us need to take it individually; but if we can go together to a lawyer, he will see the benefit of the volume business. I am willing to part with 25% of the paid funds if I can get the refund – I can put the money to better usage.
From: V. (Sam) Saravanan
Sent: Tuesday, January 26, 2010 4:46 PM
To: 'gcdin...@googlegroups.com'
Subject: RE: Responses so far
Meeting face to face will be great but all of us are busy so we may not have time to travel and meet (some of you may be out of Dubai).
Alternative suggestion would be group up in Yahoo or MSN messenger and chat for solutions.
My gut feel is that Star Giga will refuse to meet or we will just meet with some low level asshole who is paid to lie.
From: gcdin...@googlegroups.com [mailto:gcdin...@googlegroups.com] On Behalf Of hickesh parmar
Sent: Tuesday, January 26, 2010 4:43 PM
To: gcdin...@googlegroups.com
Subject: RE: Responses so far
I agree with Sam.
also it would be good if some of us could meet up in Dubai in maybe a month from now and visit star giga to get some answers.
Subject: RE: Responses so far
Date: Tue, 26 Jan 2010 16:40:43 +0400
From: Venkatarama...@me.weatherford.com
To: gcdin...@googlegroups.comGents:
Those of you who have
1) some legal experience
2) aware of Ajman property laws
3) aware of Ajman civil laws
PLEASE OWN UP AND HELP US ALL TO HELP EACH OTHER.
I am willing to help with contract interpretation; but my knowledge of Ajman law is nil.
April 2010 is very close; so if we miss this opportunity to withdraw our money; we are screwed.
Thanks,
Sam
From: gcdin...@googlegroups.com [mailto:gcdin...@googlegroups.com] On Behalf Of Hashim Hussain
Sent: Tuesday, January 26, 2010 4:38 PM
To: GCD Group
Subject: Re: Responses so far
Hey Guys,
The last I read on an email was that Gold Crest project was handed over to another developer.
They were getting in touch with all the investors and asking if they(investors) are still interested in the project finishing.
That this new developer had already opened an escrow account.
For all I know, this could all be a hoax.
My bberry crashed so I don't have that email anymore.
Not sure if anyone else received similar email and saved it.
Does this mean all our hard earned money that we have paid so far is all gone?
Hashim
Empower your Business with BlackBerry® and Mobile Solutions from Etisalat
From: Adeel Khan <khan...@hotmail.com>
Date: Tue, 26 Jan 2010 12:29:34 +0000
I have trust on GCD but its seem they are losing it now
I am from Kuwait too . Please be in touch all Kuwait members my numb is 6-6506736
Date: Tue, 26 Jan 2010 15:21:19 +0300
Subject: Re: Responses so far
From: bez...@gmail.com
To: gcdin...@googlegroups.com
im from kuwait and am visiting dubai feb 4th. i have a gdcrest dreams property ...can anyone be kind enuff to meet with me and tell me what the hell is going on???
On Tue, Jan 26, 2010 at 3:19 PM, Adeel Khan <khan...@hotmail.com> wrote:
To: gcdin...@googlegroups.com
Subject: RE: Responses so far
Date: Tue, 26 Jan 2010 12:14:23 +0000
Has anyone been to their new office in Sheikh Zayed Road?
Perhaps it is worth going there personally and seeing if anyone will see you with regards to the latest project updates?
As for selling it - I dont think anyone will buy, Dubai is struggling with built property let alone off plan units in Ajman, nobody will want them.
RegardsMEHDI MATTHEW KHAZENI-RAD
BAHRAIN: ATKINS. MANAMA. BAHRAIN PO.BOX 5668. MOBILE + 973 36300518
ENGLAND: THE OLD COACH HOUSE. 20D CRAG BANK RD. CRAG BANK. CARNFORTH. LANCASHIRE. LA5 9EH. ENGLAND
Subject: RE: Responses so far
Date: Tue, 26 Jan 2010 16:11:58 +0400
From: Venkatarama...@me.weatherford.com
To: gcdin...@googlegroups.comHickesh,
I have tried calling as well; no one seems to picking up.
Friends,
Has anyone else gotten hold of Star-Giga lately on the GCD-1 project.
April is very close and per the contract they have to refund our money + interest if they do not hand over the property. Properties in Dubai are protected by RERA, what is available under Ajman law. I personally would like to get rid of my property even if I have to sell it for a loss.
Thanks,
Sam
From: gcdin...@googlegroups.com [mailto:gcdin...@googlegroups.com] On Behalf Of hickesh parmar
Sent: Tuesday, January 26, 2010 4:03 PM
To: gcdin...@googlegroups.com
Subject: RE: Responses so far
does anybody know what is happening with goldcrest dreams 1.
I cannot get hold of anyone at eta to give me a progress update?
Regards
Mr Hickesh
From: duba...@hotmail.com
To: gcdin...@googlegroups.com
Subject: RE: Responses so far
Date: Tue, 8 Sep 2009 14:00:46 +0000
can i have the copy of the letter being discussed..............please
salim at .........duba...@hotmail.com
> Date: Mon, 7 Sep 2009 19:24:48 -0700
> Subject: Re: Responses so far
--
Syed Shahid Imam
Folks,
Just finished off my meeting with my company lawyer (just free consultation, he will not represent us in Ajman); a few points from this meeting / his input (PS: don’t shoot me, I am just the messenger).
FIRSTLY: GCD1, 2, 3, 4 and /or any other development needs to be evaluated on the merits and demerits of its contract; my contract is for GCD 1 and this is what I ran by my lawyer; persons of other projects need to evaluate their contractual position on its merits and demerits (i.e. what it contains as contractual liabilities / protection). I will be glad to pass on a copy of my contract, lawyer contacts (once we finalize the lawyer) and the findings and we can stay in loop and help each other. People with no signed contracts; there is very little to hold on; one question my lawyer had was if there are no signed contracts; on what basis has the payment been made so far?
1) Force Majeure is not applicable; since the Agreement does not define FM, the definition is automatically from Civil law; it does not cover slow progress, economic downturn or the like. Further, Force Majeure must be notified in writing as and when it occurs with a full plan and time-line on resolution; just trying to use FM as an excuse to delay for 2 years will not work / be accepted in any court.
2) Our right to recover funds after April 2010 (Ultimate Stop Date) with interest per the contract is correct. Further, we are entitled to interest as of Jan 2010. I will cover this in my letter to Giga as well.
3) We have the right to pull out of the contract at anytime (Art 8.6) if we agree to forego 30% of all payments. This can be another shortcut should the legal fees / proceedings be deemed to be in excess of 30% of what we have paid so far.
3) I will get recommendation of 2 good lawyers with experience in this sort of thing; from that point I would require a team to go meet the lawyer to decide the final one and agree upon the commercial aspects of taking this legally; further we need a team to go meet Giga. Mr. Shahid has kindly volunteered; I am available subject to my mandatory business travels (if the schedule is flexible, count me in); I would request another 3 or 4 member to come up and volunteer.
Finally, I will send my letter draft to my lawyer who will review and comment prior to forwarding this to Giga.
Regards,
Sam
V. (Sam) Saravanan
Contracts Manager, Eastern Hemisphere
Contract Drilling
Weatherford │ PO Box
58014│ Dubai │ United
Arab Emirates
Main: +971.4.312.5300 │ Direct: +971.4.312.5259 │ Fax: +971.323.5547 │ Cell: +971.50.558.6015
venkatarama...@me.weatherford.com
│ www.weatherford.com
Empower your Business with BlackBerry® and Mobile Solutions from Etisalat
Therefore, please allow me to join the group and support the action plan.
My unit is in GCD1 - Unit # D1711 (tower C06 as per initial ads),
bought jointly with my wife.
Bellow are our contact details:
Silviu D. Bojica
Email: boj...@gmail.com
Mobile: 050 6344031
or
Tatiana Bojica
Email: tatiana...@gmail.com
Mobile: 050 8950547
Please keep us posted with next actions to take. FYI, we are living in
Sharjah, so we may participate in person to some of the meetings which
can follow.
Thank you,
Silviu D. Bojica
On Thu, Feb 4, 2010 at 9:06 AM, V. (Sam) Saravanan
--
Silviu D. Bojica
Folks:
Attached is the letter (with the blessings of my company lawyer) I intent to send to Star Giga by courier by COB today, I will also email them a copy but as per the Agreement we need to send by a Registered Post, hence the courier. Please feel free to use this letter as you deem fit. (I have saved the file as RTF since various people use various versions of word).
I would like to kindly note that this letter has been written for GCD-1, other GCD users may have to modify the Article references and the dates to suit their respective Agreements.
GCD 1 Users: I would urge you all to use this template and request that you forward the letter to Star Giga ASAP. Star Giga have 15 days from the date of the letter to respond and we can use this time to finalize our lawyer; I personally do not expect any action from Star Giga.
Mr. Shahid is the only person who has volunteered so far, I would need another 3 or 4 persons to step up and help us lead this initiative; else Mr. Shahid and I can just take care of our own interests.
Best regards,
Sam
From: V. (Sam)
Saravanan
Sent: Wednesday, February 03, 2010
2:28 PM
To: 'gcdin...@googlegroups.com'
Subject: RE: ACTION PLAN - WAY FORWARD.
Folks,
Just finished off my meeting with my company lawyer (just free consultation, he will not represent us in Ajman); a few points from this meeting / his input (PS: don’t shoot me, I am just the messenger).
FIRSTLY: GCD1, 2, 3, 4 and /or any other development needs to be evaluated on the merits and demerits of its contract; my contract is for GCD 1 and this is what I ran by my lawyer; persons of other projects need to evaluate their contractual position on its merits and demerits (i.e. what it contains as contractual liabilities / protection). I will be glad to pass on a copy of my contract, lawyer contacts (once we finalize the lawyer) and the findings and we can stay in loop and help each other. People with no signed contracts; there is very little to hold on; one question my lawyer had was if there are no signed contracts; on what basis has the payment been made so far?
1) Force Majeure is not applicable; since the Agreement does not define FM, the definition is automatically from Civil law; it does not cover slow progress, economic downturn or the like. Further, Force Majeure must be notified in writing as and when it occurs with a full plan and time-line on resolution; just trying to use FM as an excuse to delay for 2 years will not work / be accepted in any court.
2) Our right to recover funds after April 2010 (Ultimate Stop Date) with interest per the contract is correct. Further, we are entitled to interest as of Jan 2010. I will cover this in my letter to Giga as well.
3) We have the right to pull out of the contract at anytime (Art 8.6) if we agree to forego 30% of all payments. This can be another shortcut should the legal fees / proceedings be deemed to be in excess of 30% of what we have paid so far.
3) I will get recommendation of 2 good lawyers with experience in this sort of thing; from that point I would require a team to go meet the lawyer to decide the final one and agree upon the commercial aspects of taking this legally; further we need a team to go meet Giga. Mr. Shahid has kindly volunteered; I am available subject to my mandatory business travels (if the schedule is flexible, count me in); I would request another 3 or 4 member to come up and volunteer.
Finally, I will send my letter draft to my lawyer who will review and comment prior to forwarding this to Giga.
Regards,
Sam
From: gcdin...@googlegroups.com [mailto:gcdin...@googlegroups.com] On Behalf Of V. (Sam) Saravanan
Sent: Wednesday, February 03, 2010
7:22 AM
To: gcdin...@googlegroups.com
Customer Support Team
Star Giga Establishment Limited
Office #3 Mezzanine Floor,
Star Giga House, Next to Oasis Centre,
Sheikh Zayed Road, Between 2nd and 3rd Interchange.
PO Box: 29193, Dubai, United Arab Emirates
Phone: +971-4-3307640, Fax: +971-4-3307641
Website: www.stargiga.ae , Email: c...@stargiga.ae
_______________________________________
--Karena Gomes
Dear Karena,
You are correct, this is my oversight; I recall receiving this email as well and will update the address.
Best regards,
Sam
V. (Sam) Saravanan
Contracts Manager, Eastern Hemisphere
Contract Drilling
Weatherford │ PO Box
58014│ Dubai │ United
Arab Emirates
Main: +971.4.312.5300 │ Direct: +971.4.312.5259 │ Fax: +971.323.5547 │ Cell: +971.50.558.6015
venkatarama...@me.weatherford.com
│ www.weatherford.com
<star giga RTF.rtf>
JP,
The lawyers are going to love the extra business.
Cheers,
Sam
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