Email From Yolanda at Peinsa

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Boldy

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Oct 7, 2009, 11:38:59 AM10/7/09
to La Tercia Real Owners
Hi All,
Thought you might be interested to hear that just a few hours after
emailing Peinsa, threatening to get an embargo put on the land at La
Tercia, I received this email from Yolanda - could we perhaps but a
group embargo on the land to help us get back our varying levels of
monies owed to us??
Regards
Ian

Good afternoon Mr. Bold,
I have tried to contact you at the number below, but with no success.
First of all, I would like to tell you that I am glad you were able to
recover almost your full deposit paid for the property at La Tercia.
Many other clients have not had the same luck, unfortunately.
I am aware that opinions and rumours about Peinsa are of many
different natures, and considering everything ocurred, I can
understand. But our current situation is that of trying to obtain
finance in order to refund all amounts paid by clients for La Tercia
Real properties, as well as for other developments we will be unable
to complete. It is now a year since the development was stopped, and
for all this year we have just been working and negotiating with the
banks to come out of this tunnel. It is not easy, and it is a very
slow proccess that, believe or not, also frustrates the little staff
left at Peinsa to deal with this unpleasant reality.
Of course we would be willing to sort the whole situation without the
need of legal intervention. The problem is that the company has no
means to do so, and even after the legal process has successfully
concluded for the client, still there are no chances to recover your
moneis. Placing an embargo is an option you can look at but, out of
our current experience, I can tell you that there will be no
guarantees of recovering your money that way either. Yes, you will
probably have a right over other parties who have not placed the
embargo, but that's all. Your embargo might be translated into cash in
no certain period of time at all, if it ever is. And maybe Peinsa will
not exist by then.
You do the right thing safeguarding your interests in the ways you
consider, but you have been very lucky already Mr. Bold.
Many properties at La Tercia were already up, as well as roads,
pavements, drainage systems, even hundreds of palm trees planted...
At least you have executed your bank guarantee, we will never be able
to execute building works in an extremely huge investment of our
company, made not only with your deposits, but with many other sources
that will never be recovered.
You will probably think that this is not your problem, and it's true,
it is just a reality.
Kind regards,
Yolanda



www.peinsa.com
Tel - 968 19 25 11
Fax - 968 19 35 44
Mail - yol...@peinsa.com
Avda. Santa María de Gracia, 5
30730 San Javier - Murcia

Jackie & Kenny Hearn

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Oct 7, 2009, 3:33:47 PM10/7/09
to La Tercia Real Owners
Hi Ian,

the Hearn & Hunter familes are all the way with a group embargo, just
let us know how you need our support.
This is the first EVER message from peinsa I have ever seen. I am all
for live and let live if this letter had been a year ago,maybe some
empathy could be shown, but after how ill
all our families have been i will fight all the way in court.The
embargo will stop Peinsa doing a thing with that landmust be worth 28
million or so if they decide to sell, and what they owe in deposits
and interests is probably at a spectulated guess 2 million. It will
take awhile no doubt out that, what else have we got but time now!!
for all of us life changing plans have been changed.
If this company had shown one ounce of decency to us for the worst
time in our lives, instead of shrugging there shoulders, as if they
did not give a damm, when jayne and myself were in the office sobbing
and pysically being sick in there toilet,says it all, no a drink of
water, nothing, and I will never in my life forget the treatment of
us, and I can still rememeder how I felt, and I am sure we have all
felt at some point over this matter, where you think your heart is
just going explode in your chest!!!
This forum has got us all here today, with sharing everying, lets
stick together for the final hurdle, as Ian suggests a team effort
will probabaly be best, I will email our lawyer for some advise to see
what he thinks,

kind regards

Jackie Hearn
> Mail - yola...@peinsa.com

adzo4

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Oct 8, 2009, 3:05:32 AM10/8/09
to La Tercia Real Owners
Hi All

I have been considering an embargo also to recover the first deposit
plus interest owed, but was put off by the fee's. We would join a
group movement of people from this site to do this.

We used a Lawyer in Malaga, "Palome Conde Cabello" whom speaks fluent
English and had acted for my father and friends buying on a
development near Torre Del Mar, so we knew she was genuine and had no
interest in Peinsa. She replied to every e-mail and recovered our full
deposit within 3 months of starting the procedure, only charging 1500
euros, which we were happy with. She has already told me that we would
definitely win a Court case for an embargo, it was just another 1500
euro fee by ourselves making us think. I would put Paloma Conde
forward for consideration by others.

I don't buy Peinsa's claim that we were lucky to get a refund and a
group movement would have more clout, we would like to join others to
start this. Peinsa claim they have no money, so why can't they sign
over a couple of properties to us so we can then sell them and
distribute the proceeds accordingly ?

Andy + Leigh
> Mail - yola...@peinsa.com

Peter

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Oct 8, 2009, 5:08:18 AM10/8/09
to La Tercia Real Owners
It has been a while since I posted to the group but we are still
fighting away to recover our deposit without a GB. Our lawyer remains
hopeful that we will get a resolution some time in the future but has
no real idea of when. We are waiting for a court date which may come
up before year end. I am interessted to read about the idea of a land
embargo and would be keen to support such a scheme. However a word of
caution. I have been told that the land and development at LTR is no
longer owned by Peinsa. Peinsa defaulted on the mortgage with their
bank and as a result the bank now owns the land. If this is correct
then an embargo would probably be a waste of time. Can anybody clarify
this?
It has been very encouraging reading about all the success stories and
this has given us hope that we might get a satisfactory solution in
due course. One final consideration might be the infamous olive
plantations that Peinsa brought a few years ago. I recall that the
cost was £200 million and that money would clear all outstanding
claims.
Best wishes to you all

On 7 Oct, 16:38, Boldy <ian.b...@yellgroup.com> wrote:
> Mail - yola...@peinsa.com

catwoman

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Oct 8, 2009, 5:37:48 AM10/8/09
to La Tercia Real Owners
We are living across the road from LTR site and the word here is that
an agent on behalf of another company offered to buy LTR from Peinsa a
few months ago, to which the reply was that it isn't for sale. Peinsa
are also still building down in Almeria, the site is called Calas de
Pinar at San Juan, take a look on EOS website at their forum. The
build is late and some people are pulling out and have recovered their
deposits via the BG, but are having problems in getting the 3000 euros
intial deposit from Peinsa. There are many more people completing on
properties down there. How can Peinsa say they don't have any money,
they would have at least been willing to negotiate over the sale of
the land at LTR, and wouldn't still be building, paying builders and
purchasing goods to install in the properties.

The email from Yolanda, is an absolute disgrace. If she wanted to
make people really angry, she has certainly succeeded. We are asking
for what is rightfully ours, this whole experience has cost us all a
fortune, some of which will never be recovered, the trips over,
hotels, car hire, flights and every time to look at an empty field.
We have contacted our new solicitor about this statement and the
embargo and await a reply.

Dave and Val

On Oct 8, 11:08 am, Peter <peter.s.maddi...@btinternet.com> wrote:
> It has been a while since I posted to the group but we are still
> fighting away to recover our deposit without a GB. Our lawyer remains
> hopeful that we will get a resolution some time in the future but has
> no real idea of when. We are waiting for a court date which may come
> up before year end. I am interessted to read about the idea of a land
> eWmbargo and would be keen to support such a scheme. However a word of
> > 30730 San Javier - Murcia- Hide quoted text -
>
> - Show quoted text -

skippy

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Oct 8, 2009, 6:44:43 AM10/8/09
to La Tercia Real Owners
Hi

We have been watching the forum whilst in Australia for a year and our
fantastic lawyer has just got our big deposit back, it went in the
bank 2 weeks ago, however that was after we received an email from
Yolanda asking us to consider buying somewhere else, of course she got
a resounding NO. Anyway we have emailed our lawyer to ask him what he
thinks about a group action, why should they get away with keeping our
initial deposit and interest, we would be happy to join in with a
group action. We will be arriving in Spain on 6th Jan and will be
renting for 3 months while we look round for somewhere to buy, we most
certainly be going in with our eyes wide open this time and will not
get burnt like we did with Peinsa. We look forward to hearing what the
general opinion is on an embargo. We hope that it won't be too long
before people who are still waiting for their money get it back

Chris and Paul
> > - Show quoted text -- Hide quoted text -

Boldy

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Oct 8, 2009, 9:50:22 AM10/8/09
to La Tercia Real Owners
Yolanda did tell me as she also called me to discuss my email and
threat of embargo, stating that Banco Popular have now taken over the
land at La Tercia which if I am honest I do not believe as Yolanda was
very cagey about the whole situation. but regardles of who owns this
land(the bank or Peinsa), it is still worth a fortune so surely the
fact that either the bank or Peinsa could not build on it in future or
sell it until the embargo is lifted and therefore meaning we are all
paid what we are owed would move things along a little faster???
Regards
Ian

P.S. Just to annoy you all a little more I have since received a
second email from Yolanda in response to my reply to her initial
email, stating that I thought there were some untruths contained in it
(see below)

Hello Mr. Bold,
I have never mentioned finished properties in my mail. Since you live
opposite the road, you will be able to see that there are many
structures completely finished to start brick closing.
I would like to know what other areas you know we are building
because, except for Calas del Pinar in San Juan de los Terreros
(Almería) where we have offered properties to La Tercia clients to
avoid them losing their money, we have paralized all projects supposed
to be marketed.
I knew you would have thought of the embargo after knowing of this
"somebody" who has, after months of pleading the bank, recovered the
money. Without further details, you should know that money has been
paid by the bank and not by Peinsa.
And yes, even though you have recovered only part of what you are
entitled to, I keep thinking you have been lucky compared to other
buyers who will probably never have that chance.
Regards,
Yolanda

Jackie & Kenny Hearn

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Oct 8, 2009, 3:39:13 PM10/8/09
to La Tercia Real Owners
Hi All,

I think the fact that the Banc of Popular may own the Peinsa land is
probably the best bit of news I have heard in while.

Our first intial deposit was paid into the same account held at the
bank, as for the second bulk of the money we received back via the
bank gurantee...hence all funds have been held in the same account,
withe 1st and 2nd deposits all making interest in the same account, I
think our legal teams need to speak to Banc of Popular regarding this
monies, IF THERE IS TRUTH in that the banc own the land, we all know
what liars peinsa are!!!
Senor Angel Ron at Banc of popular, chair man of all the directors is
who we need contact with, we mere mortals will not get through but I
am 100% sure the legal teams will. Make sure we all write all email
him as he will have the most clout at the bank, I am still awaiting
reply's from him and the spanish council. The spanish council
regulate builders in Spain, and if Peinsa carry on will probably be
able to do something. The fact the Yolandie has made contact says
it all for me!! If they had no money, bearing in mind it has been a
year now, they would have gone under long ago!!!
I am sure you all like us, feel no empathy for peinsa, what they have
put us all through, and their customer service is unprintable!!!! I
just hope their is a computer buff that can link this forum to peinsa
and when people do a check on this
company, they will stay a million miles away!!!
I have emailed our solictor last night to ask if he is interested in
the group forum embargo, as soon as I have an update, will make a
posting.

Final hurdle folks... keep fighting,

Kind regards

jackie Hearn

rodanne

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Oct 9, 2009, 5:24:37 AM10/9/09
to La Tercia Real Owners

We read with interest all the messages regarding the emails received
from Yolanda. When we went to court to receive our money I think she
was with the lawyer . We did not take Peinsa to court, as previously
stated our lawyer discovered that they only owned 1% of the whole
development. 300+ plots. Although our lawyer placed the embargo on the
land , Peinsa's parent company Urefsan were the people we took to
court, although the bankers draft received for our deposit etc was
from Banco Popular.

If you would like any more details you can contact us on the email
above.

Good Luck, we now consider ourselves extremley lucky to have closed
the book on this fiasco.

Rod & Anne Day

On 8 Oct, 20:39, "Jackie & Kenny Hearn" <jackie-a...@live.co.uk>
wrote:
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catwoman

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Oct 10, 2009, 7:48:27 AM10/10/09
to La Tercia Real Owners
Hi Rod & Anne,

I have re read your original posting regarding putting an embargo on
LTR. You had at that point to go back to court to action the embargo,
did you receive all of your money back, deposit plus the interest as a
result of this?

Val

catwoman

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Oct 10, 2009, 10:18:44 AM10/10/09
to La Tercia Real Owners
Sorry, I am getting confused, are you saying the embargo was on all
that Urfesan owned, which is the whole of the development minus 300+
plots which Peinsa owned? Does this now mean that the development is
owned by someone other than either Peinsa or Urfesan, and does it also
now mean that no one else can put an embargo on the site because it
has already been done.

Val

rodanne

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Oct 11, 2009, 12:05:17 PM10/11/09
to La Tercia Real Owners
Hi Val.

Our lawyer placed an embargo on the land last September 12 month, We
went to court March this year and we were awarded our 50% deposit,+
initial deposit and interest, which!!! only accrued from the time
we went to court in Sepember last year, not from the time in 2005
when we paid our 50% deposit. We finally went back to court,and got
all money awarded to us September 2009 and the court lifted the
embargo at the same time we received our bankers draft.

Regards, Rod & Anne

rodanne

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Oct 11, 2009, 12:25:26 PM10/11/09
to La Tercia Real Owners
Sorry for the confusion. When our lawyer did a search last July, she
discovered that the land registry number on our contract for plot P
15 we had bought ,was in fact not for this plot at all. The number
on our contract was for the 1% that Peinsa owned of the development ,
357 plots.The embargo was placed on the Peinsa 357 plots. Our lawyer
had been to the Peinsa offices and as they were not willing to refund
us our money last July, she placed the embargo on their land so they
could not do anything with it.We then tried for the money from Peinsa
parent company Urfesan through the court, but it was only when they
did not pay by the deadline of June 12th ,did we approach the court to
proceed in placing the land up for auction. Fortunately we received
our money back before this proceedure was actioned, and the embargo we
actioned was lifted. We do not know whether another embargo can be
actioned, a lawyer will have to answer that one.

Rod & Anne

Boldy

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Oct 23, 2009, 7:58:06 PM10/23/09
to La Tercia Real Owners
Anyone heard from their lawyer with regards taking on a group embargo?

Jackie & Kenny Hearn

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Oct 25, 2009, 1:16:32 PM10/25/09
to La Tercia Real Owners
Hi Ian,

Just back from hoilday, solicitor informs us waiting for confirmation
from other side ref embargo,
not answered about the group one, will email again and let you know.

Kind regards

jackie Hearn
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