Advice Please...

[jpd...@aol.com]

Hi all,

We are still in the throws of trying to sort out the horrible mess,
and have been since cancelling our contract 16 months ago, waiting 8
months for a cheque that duly bounced signing up for another property
- out of desparation, the price kept rising as the weeks went on,
which went into months waiting for a completion date that never
actually come - so we are now doing what we should have done from the
begining and starting court procedings. What we would be interested to
know is with regard to the deposits you have all been lucky enough to
get back, we paid 30% down originally which eqated to just short of
100.000 has anyone got back this sort of figure?
Thank you so much and congratulations to all who have been successful
and goodluck to all who are in the same boat as us
Regards
Tracey

[janey]

Hi Tracey,

How are you going about your plight. You say you're starting court
proceedings (presumably against banco popular executing your bank
guarantee)...who is representing you?

We are currently going through this through the courts and alot sounds
similar to your circumstance (tried to change to another property,
didn't work out, expired bank guarantee). The most important thing is
HAVE YOU GOT YOUR ORIGINAL BANK GUARANTEE? Doesn't matter if it has
seemingly 'expired' (there's enough to read on this forum about expiry
dates)? Did you get one and do you have it in your possession?

A couple of lawyers told us we were stuffed with our expired bank
guarantee as we'd originally tried to secure another property. Wiser
now, we are using Maria at CostaLuzLawyers (look at eye on spain for
info on maria or their website at costaluzlawyers.es) and are now at
the 'waiting' stage as the judge has awarded return of our deposit +
legal interest + costs on our 'expired' bank guarantee...so hopefully
the hold-up now I think is just how many cases are going through the
courts but we won't count any chickens until money is bank in our
account!

Tina (and others) have used Maria and got money back already on
'expired' bank guarantees...if you search back through the forum I
even believe that Maria also helped Tina get her bank guarantee
documents from her original (unhelpful) lawyer.

We actually met Maria in person in Algeciras when we were embarking on
this as we wanted to get a feel for who was representing us and she
made us feel very at ease and (for the first time) confident. Since
then they have answered all mails, kept us posted, etc and as you can
see from Tina et al, have got results...hopefully ours in time will
add to that list.

Don't see why the amount you are claiming for should matter, so long
as that is the amount that is stated on your bank guarantee.

This is not a 'you must use Maria' post. Others have found other
trustworthy lawyers. Main thing is don't believe a lawyer who says
"your bank guarantee is expired and void as you tried to change
property, you've got no hope" as there are enough cases posted here
and on EOS that people have been successful in getting refunds.
Developers et al seem to throw this all out at you to try and scare
you and hope you go away.

We did try the 'contact the bank direct' approach suggested by the
Hearns' (look back through threads for more info) and indeed were
making good headway but as we'd already had the lawsuit going through
also claiming costs and interest at that stage as well, we considered
this was our preferred approach.

I hope this has helped. This has been a nightmare for all of us.
Peinsa have been SO unhelpful with no acceptance\recognition of
responsibility and we've all just been left to fend for ourselves.

Encouraging posts on here and EOS have kept us going to be honest and
fingers crossed, now we've had the judgement, our refund day is coming
soon.

Good luck.

Janey

[Roy Howitt]

I agree absolutely with this post as even with an expired BG, if you use the
system you will win your case, eventually

Peinsa who we know have a number of active developments that they need to
sell so they have not filed for administration but there is no guarantee
that they won´t so the bank is the main claim

Just take some consolation form other peoples success on claims, get the
right lawyer and hang on in there, you will win in the end

[jpd...@aol.com]

Thanks Roy and Janey
Bank Guarantee demanded back when we accepted the alternate property
we only have copy. Bank still as criminal as Peinsa.
Will keep plugging away.
Kindest regards
Tracey

[Jaimer Preston]

Hi Tracey,

We have just returned from Murcia with our deposit, which was refunded by
the bank. We too only had a copy of a bank guarantee, but this proves that
one did exist.

We used a firm of solicitors in Marbella, that way they were totally
disconnected with anyone at Peinsa and also Banco Poplar in San Javier.

If you want the details just let me know.

Good luck!
Good Luck.

[Anthony Coles]

Congratulations.....!!

However, may we ask, in recovering "deposit" does this include both deposits and interest ?? 
Good time to exchange with sterling / euro exchange position, good for You on that score too...

 

Anthony & Katherine Coles

---

From: Jaimer Preston <jai...@btinternet.com>
To: laterciar...@googlegroups.com
Sent: Saturday, 26 September, 2009 10:05:08

[Jackie & Kenny Hearn]

Hi Tracey,

just to let you know we are The Hearn & The Hunter Families and we
both had our
payment returned on an EXPIRED BANK GUARANTEE, why? because it is
illegal to
have an expiry date on them, SPANISH LAW. Dont be fooled by anybody in
Spain
telling you other wise.

We are still going to Court with Penisa ref intial deposit, interest,
and legal fees ad this 16,000
euro's per family. Our solicitor is arranging for EMBARGO on the
Peinsa land
and this is the Main way you will get the funds back, as they cannnot
do a thing with the land
when an Embargo is in play!!!

Peinsa have tried on three occasions for volunatry liquidation, they
have been REFUSED due to too many assets,
and should they go bump, you can apply to the Spanish Council who
regulate the builders in Spain,
who will not let them get away with treatment off us!! I have been in
touch with the Spanish Council and Senor Angel Ron
senior director from Banc Of Popular to see why they are allowed to
get away with this, surely Europeon Laws
alone should not allow them?

Keep fighting, Peinsa are just seeing how far everybody will go to get
their monies back which is why
not one of us have any corresdpondence from this low life company, it
is all about their GREED when all said and done.
People are tried of the fight which is just what they hope, and they
get let off with deposit and interest and legal fees
saving them at LEAST 1,000,000 euros, probably another boat for Mr
Plazzon in the Mar Menor!!!

I hope you like us get a swift result for your monies.

Kind regards

Jackie Hearn

On Sep 26, 4:57 pm, Anthony Coles <colesfamilywa...@yahoo.co.uk>
wrote:

[rodanne]

Hola from a very wet Quesada.

We are Rod & Anne Day and we have written on the blog before about how
are court case was coming along against Peinsa.


After 18 months of stress, we have at last received a bankers draft
from Peinsa for the deposit + interest for the villa we originally
bought off plan at La Tercia .in 2005. The bankers draft is in our
bank and we now can relax. We went to court in July to receive the
money after Peinsa's lawyer contacted our Lawyer.. We turned up at
court at 11am , but Peinsa and their Lawyer didn't , problem with the
cheque we were told by phone at 11.15. You can imagine how we felt.

So last Monday when our lawyer Maria called us to say again that
Peinsa wanted to pay us the money, we said nothing , been there ,done
that, didn't get the tee shirt.

The next day we duly turned up at San Javier court, to find Peinsa and
the lawyer already there with the bankers draft, which we duly signed
for , after Maria read the release document. We really could not
believe that we had the draft in our hands after all this time. We
deposited the draft in the bank and it clears tomorrow Tuesday.

We were the first people to take Peinsa to court. Last September as
previously mentioned our lawyer placed an embargo on the La Tercia
development, which meant that Peinsa could not do anything with it
with out paying us back first. They have been desperate to get this
lifted . We received interest ,but this only accrued from the time our
claim was presented to the court ( last September 08) not the date we
paid our deposit in 2005. The court did not grant us our costs , which
with lawyers fees and court costs have amounted to around 11,000
Euros.

ONE WORD ODF ADVICE IF YOU ARE THINKING OF TAKING PEINSA TO COURT FOR
THE INTEREST. FROM EXPERIENCE WE HAVE FOUND THAT THE INTEREST HAS NOT
COVERED OUR COSTS. BE CAREFUL.

Good luck to every one who is still going through this night mare,
Persevere , you will get there in the end.

Take care.

Rod & Anne Day.


On 26 Sep, 17:42, "Jackie & Kenny Hearn" <jackie-a...@live.co.uk>
wrote:

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[Tina]

Hi All,

We too used Maria De Castro and have had our initial deposit and lump
sum paid back to us now through the courts at the end of July.

Legal interest and costs have been awarded and we are waiting for them
to be sent to us in the next month or so.

As someone else has said it is illegal to have an expiry date on a BG
and also there were licences etc that Peinsa didn't have for the site
anyway.

We had a terrible experience with a solicitor called Adriana Perez &
her assistant Eve. To make matters worse, initially our agent -
Alhambra Villas - wanted some money back from us if we pulled out.
They found out we were thinking of pulling out because the solicitor
told them on the QT!! Unbelievable.

We then realised that they were a bit too friendly with each other!
Our naiveity I'm afraid.

We had a battle to get the BG's from Adriana Perez but eventually
Maria and her team did it after reporting her to the Bar of Murcia.

Don't give up and I would recommend Maria De Castro and Steven
Schaffer to anyone in this position.

Tina and Steve

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