IMPORTANT MESSAGE TO SUNSET BEACH RESORT LLP INVESTERS
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John
Jun 4, 2012, 8:10:09 PM6/4/12
to Sunset Beach Resort LLP - Vision Land Investments Ltd
IMPORTANT MESSAGE TO SUNSET BEACH RESORT LLP INVESTERS
Vision Land Investments Ltd (VLI) is filing for creditor liquidation.
A meeting of the Creditors will be held on 14th June at 11am (contact
details at end).
Amba Sun Ltd has already been placed in creditor liquidation (contact
details at end).
1. What does this means for the investors of the Sunset Beach Resort
LLP's?
The LLP investors currently have a LLP agreement and certificate
showing LLP membership and "share" units owned in the LLP.
However the LLP investors have NOT received the "Option to Buy"
agreement from the land owners in Brazil.
Without this "Option to Buy" agreement the LLP share units are
worthless!!!
Why must action be taken now?
Once Amba Sun Ltd and Vision Land Investments Ltd have been liquidated
and dissolved there will be no formal mechanism to request our money
back or to get a valid “Option to Buy” agreement from the current
Brazil land owners.
THE INVESTORS MUST TAKE ACTION NOW OTHEWISE WE WILL LOSE ALL OUR
MONEY!!!
2. Why has the investment gone wrong?
(a) Amba Sun Ltd investment brochure was clearly misleading.
The Amba Sun Ltd “Brazil Vision” investment brochure advertised “Amba
Sun” as owning the Brazil land.
Phil Dodson has recently disclosed the land is not owned by Amba Sun
but it is owned by a Brazil company called J.J. Empreendientos
Imobiliarios Ltda registered in Brazil with CPNJ number
19.299.905/0001-68, with offices at Quadra B, Loja B2 Condominio Oasis
do Mar Rodovia PB 025.
The Amba Sun Ltd brochure is therefore clearly misleading. Vision Land
Investments Ltd should clearly also have disclosed who actually owned
the Brazil land at the point of arranging the LLP’s and Service
Agreements.
Is this legally wrong?
This is a matter for the investor lawyers to advise and the courts to
decide.
(b) The Amba Sun Ltd “Brazil Vision” investment brochure and Amba Sun
Ltd newsletters advertised “Amba Sun” would transfer over the Brazil
land to Vision Land Investments Ltd.
“We are transferring a total of 400 hectares of this land to a UK
based company which we have set up called Vision Land Investment
Limited. The land will be the sole asset of this company. We are
offering our investors the opportunity to purchase shares in this
company.”
John Travers (VLL appointed representative) has notified me by email
that Phil Dodson has advised him that Vision Land Investments Ltd has
no assets and liabilities only to the crown and to the company’s
accountants.
In this case no land assets have been transferred to Vision Land
Investments Ltd to be held as it’s only asset as was promised via the
“Brazil Vision” investment brochure.
The “Share” certificates the LLP’s received should have been showing
shares in the land held by VLL. Instead the LLP’s received
certificates from VLL showing “units” held in the LLP’s.
Is this legally wrong?
This is a matter for the investor lawyers to advise and the courts to
decide.
However this means without a formal “Option to Buy” agreement with the
land owners the certificates sent out by VLL are worthless.
(c) Is there a formal agreement between the current land owners in
Brazil and Sunset Beach Resort LLP’s?
Phil Dodson has advised in an email to me dated 9th May 2012 that
there is no formal agreement in place (and looks like never has been
over the past 3 years) for the transfer of land from the actual land
owners in Brazil.
Therefore there is no “Option to Buy” agreement for the land owners in
Brazil to transfer the Brazilian land rights to either Vision Land
Investments Ltd or the Sunset Beach Resort LLP's.
(d) Doesn’t Vision Land Investments Ltd have a responsonsibility via
the Service Agreement (between VLL and the LLP’s) to arrange this
“Option to Buy” contract agreement between the land owners and the
LLP’s?
Yes – they should have arranged this - The Service Agreement Schedule
1 point 5 states:
“To arrange for the execution and performance of any and all
contracts, deeds and cheques, mandates, instruments or documents which
are required for the execution or performance of those transactions
which are approved by the Members, in connection with the furtherance
of the Business”
However Phil Dodson from Vision Land Investments Ltd has advised he
has not countersigned the Service Agreement. When asked that he
needed to countersign Phil Dodson replied via email:
“The individual Service Agreements were signed by the LLP member
concerned only. In terms of providing a copy of my passport, I am not
sure why you require this as I am only fulfilling an administrative
function.”
By not signing the Service Agreements VLL has not formally agreed to
do anything and as per point 18 of the Service Agreements the
Agreement is not effective (ie not legal).
Isn’t this legally wrong?
This would be a matter for the investor lawyers to advise and courts
to decide.
However it should be noted and discussed with your legal solicitors
that if VLL did not countersign then how could they be representing
themselves as administrators of the LLP’s to the LLP accountants R & A
Burns Ltd as well as via email and newsletters to the investors?
The LLP’s may have a case to proceed against VLL on this basis of VLL
illegally representing the LLP’s without authorisation.
3. What can the LLP investors do to recover their money or get a
valid “Option to Buy” agreement with the current Brazil land owners?
(a) The investors need to discuss this urgently with their individual
lawyers. I am also investigating setting up a contact lawyer for any
investor that wants to join forces. It would obviously be more cost
effective to get one good lawyer in place to represent the 100+
investors.
(b) The investors should lodge their claim with the police to
investigate if any fraud was involved.
Claire Bailey is the police contact currently investigating the Vision
Land Investments Ltd dealings with the Brazil land in question.
Claire Bailey’s contact details are below.
Claire Bailey DC 292 City of London Police Economic Crime Department
21 New Street, London EC2M 4TP, Tel 0207 601 6811,
claire...@city-of-london.pnn.police.uk
Due to the large numbers of investors who have already lodged a claim
I would recommend emailing her first.
(c) The investors should lodge a complaint with the FSA
representative Richard Templeman who is investigating Vision Land
Investments Ltd. His number is 02070665528.
(d) The investors should individually write a letter to the Amba Sun
Ltd liquidators (contact details at end) demanding your money back and
that the liquidators investigate the Amba Sun Ltd directors for
wrongful trading or fraudulent trading.
The liquidator will normally have a duty to ascertain whether any
misconduct has been conducted by those in control of the company which
has caused prejudice to the general body of creditors. The liquidator
may have a strong and clear case for bringing an action against the
Amba Sun Ltd errant directors or shadow directors for either wrongful
trading or fraudulent trading based on the misleading advertising
provided to the investors.
If any individual investors send me an email I can provide you with a
copy of the email I sent to them requesting my money back under the
“Consumer Protection (Distance Selling) Regulations”.
(e) Alternatively each collective LLP should write to the Amba Sun
Liquidators demanding they provide the agreement that Amba Sun Ltd
should have had with the actual Brazil land owners and then get
confirmation from the Brazil land owners that they will uphold the
LLP agreements and provide a valid “Option to Buy” agreement to the
LLP’s.
If they refuse the LLP lawyer should investigate obtaining a court
order to obtain this information.
(e) Set up a voice conference meeting with all the members of your
specific LLP you were assigned to discuss what further legal action to
take against Amba Sun Ltd and Vision Land Investments Ltd.
If you send me an email and I can send you the full list of the
members of each LLP.
(e) Attend some phone conferences that will be set up via this forum.
4. Warning.
A person called Stephen McGuire may contact you (he's already
contacted me) from a company called Prime Business Ltd (in
conjunction with Phil Dodson from BES Management Ltd) and may claim
that he has been appointed by JJ. Empreendientos Imobiliarios Ltd to
determine the current status of the land in Brazil held the LLPs to
insure that the security and full rights of the land are held for and
on behalf of each LLP .
Be aware that Prime Business Ltd are listed as consultants for Vision
Land Investments Ltd in the first VLL newsletter that Phil Dodson sent
out.
It should be pointed out point out that if VLL couldn’t get the
“Option to Buy” contracts sent out after three years then it is very
doubtful that Prime Business Ltd will get them for you so any claims
and promises by them should be taken with a grain of salt.
It is very likely that they just want to lead the investors on down a
different tangent with false hope until both Amba Sun Ltd and VLL are
formally dissolved so we can’t make any further claims.
If they do contact you I recommend you ask them the following
questions:
1. If Steve McGuire has been appointed by JJ. Empreendientos
Imobiliarious Ltd then please get him to provide a signed letter of
introduction by them on their letterhead.
2. Request an explanation from Steve McGuire why Phil Dodson isn't
doing this security and valuation as Vision Land Investments Ltd was
supposed to be providing this to the LLP's.
3. Request Steve McGuire provide the land certificate of ownership by
JJ. Emp....
4. If there was an agreement for Amba Sun to transfer possession of
the land to JJ Empr... then request Steve McGuire to provide clear
evidence of this including the agreement that JJ Empr...would honour
the brochures commitment to the investors including the LLP's.
6. If the Prime Business Ltd legal department claims to have proved
that the ownership of the land sits with the LLP's then please request
their legal department to provide you with the evidence which in
reality should really only be the “Option to buy” contract agreement
between JJ. Empreendientos Imobiliarious Ltd and the Sunset Beach
Resort LLP’s.
7. Request Steve McGuire to explain why who BES management Ltd is and
their relationship to this product venture. (Note BES Management Ltd
are actually listed as one of the Directors of VLL).
CONTACT INFORMATION
Phil Dodson from VLI has requested John D Travers & Company to arrange
the creditor liquidation. Their contact details are:
John D Travers & Company, First Floor, 58 Hagley Rd, Stourbridge, West
Midlands, DY8 1QD, http://www.johndtravers.co.uk
jo...@johndtravers.co.uk 01384 374 000
A meeting of the Creditors will be held at the above address on 14th
June at 11am. Please apply to John Travers for a Creditor application
form.
Amba Sun Ltd is already in creditor liquidation. The joint liquidators
are:
Peter Langard Amba Sun Ltd Registered Office: Lifford Hall, Lifford
Lane, Kings Norton, Birmingham, B30 3JN in...@liffordhall.co.uk 0121
459 1222
Nickolas Grimes Rimes & Co, Bridge House, Riverside North, Bewdley,
Worcestershire in...@rimesandco.co.uk 01299 406 355
Vision Land Investments Ltd (VLI) is filing for creditor liquidation.
A meeting of the Creditors will be held on 14th June at 11am (contact
details at end).
Amba Sun Ltd has already been placed in creditor liquidation (contact
details at end).
1. What does this means for the investors of the Sunset Beach Resort
LLP's?
The LLP investors currently have a LLP agreement and certificate
showing LLP membership and "share" units owned in the LLP.
However the LLP investors have NOT received the "Option to Buy"
agreement from the land owners in Brazil.
Without this "Option to Buy" agreement the LLP share units are
worthless!!!
Why must action be taken now?
Once Amba Sun Ltd and Vision Land Investments Ltd have been liquidated
and dissolved there will be no formal mechanism to request our money
back or to get a valid “Option to Buy” agreement from the current
Brazil land owners.
THE INVESTORS MUST TAKE ACTION NOW OTHEWISE WE WILL LOSE ALL OUR
MONEY!!!
2. Why has the investment gone wrong?
(a) Amba Sun Ltd investment brochure was clearly misleading.
The Amba Sun Ltd “Brazil Vision” investment brochure advertised “Amba
Sun” as owning the Brazil land.
Phil Dodson has recently disclosed the land is not owned by Amba Sun
but it is owned by a Brazil company called J.J. Empreendientos
Imobiliarios Ltda registered in Brazil with CPNJ number
19.299.905/0001-68, with offices at Quadra B, Loja B2 Condominio Oasis
do Mar Rodovia PB 025.
The Amba Sun Ltd brochure is therefore clearly misleading. Vision Land
Investments Ltd should clearly also have disclosed who actually owned
the Brazil land at the point of arranging the LLP’s and Service
Agreements.
Is this legally wrong?
This is a matter for the investor lawyers to advise and the courts to
decide.
(b) The Amba Sun Ltd “Brazil Vision” investment brochure and Amba Sun
Ltd newsletters advertised “Amba Sun” would transfer over the Brazil
land to Vision Land Investments Ltd.
“We are transferring a total of 400 hectares of this land to a UK
based company which we have set up called Vision Land Investment
Limited. The land will be the sole asset of this company. We are
offering our investors the opportunity to purchase shares in this
company.”
John Travers (VLL appointed representative) has notified me by email
that Phil Dodson has advised him that Vision Land Investments Ltd has
no assets and liabilities only to the crown and to the company’s
accountants.
In this case no land assets have been transferred to Vision Land
Investments Ltd to be held as it’s only asset as was promised via the
“Brazil Vision” investment brochure.
The “Share” certificates the LLP’s received should have been showing
shares in the land held by VLL. Instead the LLP’s received
certificates from VLL showing “units” held in the LLP’s.
Is this legally wrong?
This is a matter for the investor lawyers to advise and the courts to
decide.
However this means without a formal “Option to Buy” agreement with the
land owners the certificates sent out by VLL are worthless.
(c) Is there a formal agreement between the current land owners in
Brazil and Sunset Beach Resort LLP’s?
Phil Dodson has advised in an email to me dated 9th May 2012 that
there is no formal agreement in place (and looks like never has been
over the past 3 years) for the transfer of land from the actual land
owners in Brazil.
Therefore there is no “Option to Buy” agreement for the land owners in
Brazil to transfer the Brazilian land rights to either Vision Land
Investments Ltd or the Sunset Beach Resort LLP's.
(d) Doesn’t Vision Land Investments Ltd have a responsonsibility via
the Service Agreement (between VLL and the LLP’s) to arrange this
“Option to Buy” contract agreement between the land owners and the
LLP’s?
Yes – they should have arranged this - The Service Agreement Schedule
1 point 5 states:
“To arrange for the execution and performance of any and all
contracts, deeds and cheques, mandates, instruments or documents which
are required for the execution or performance of those transactions
which are approved by the Members, in connection with the furtherance
of the Business”
However Phil Dodson from Vision Land Investments Ltd has advised he
has not countersigned the Service Agreement. When asked that he
needed to countersign Phil Dodson replied via email:
“The individual Service Agreements were signed by the LLP member
concerned only. In terms of providing a copy of my passport, I am not
sure why you require this as I am only fulfilling an administrative
function.”
By not signing the Service Agreements VLL has not formally agreed to
do anything and as per point 18 of the Service Agreements the
Agreement is not effective (ie not legal).
Isn’t this legally wrong?
This would be a matter for the investor lawyers to advise and courts
to decide.
However it should be noted and discussed with your legal solicitors
that if VLL did not countersign then how could they be representing
themselves as administrators of the LLP’s to the LLP accountants R & A
Burns Ltd as well as via email and newsletters to the investors?
The LLP’s may have a case to proceed against VLL on this basis of VLL
illegally representing the LLP’s without authorisation.
3. What can the LLP investors do to recover their money or get a
valid “Option to Buy” agreement with the current Brazil land owners?
(a) The investors need to discuss this urgently with their individual
lawyers. I am also investigating setting up a contact lawyer for any
investor that wants to join forces. It would obviously be more cost
effective to get one good lawyer in place to represent the 100+
investors.
(b) The investors should lodge their claim with the police to
investigate if any fraud was involved.
Claire Bailey is the police contact currently investigating the Vision
Land Investments Ltd dealings with the Brazil land in question.
Claire Bailey’s contact details are below.
Claire Bailey DC 292 City of London Police Economic Crime Department
21 New Street, London EC2M 4TP, Tel 0207 601 6811,
claire...@city-of-london.pnn.police.uk
Due to the large numbers of investors who have already lodged a claim
I would recommend emailing her first.
(c) The investors should lodge a complaint with the FSA
representative Richard Templeman who is investigating Vision Land
Investments Ltd. His number is 02070665528.
(d) The investors should individually write a letter to the Amba Sun
Ltd liquidators (contact details at end) demanding your money back and
that the liquidators investigate the Amba Sun Ltd directors for
wrongful trading or fraudulent trading.
The liquidator will normally have a duty to ascertain whether any
misconduct has been conducted by those in control of the company which
has caused prejudice to the general body of creditors. The liquidator
may have a strong and clear case for bringing an action against the
Amba Sun Ltd errant directors or shadow directors for either wrongful
trading or fraudulent trading based on the misleading advertising
provided to the investors.
If any individual investors send me an email I can provide you with a
copy of the email I sent to them requesting my money back under the
“Consumer Protection (Distance Selling) Regulations”.
(e) Alternatively each collective LLP should write to the Amba Sun
Liquidators demanding they provide the agreement that Amba Sun Ltd
should have had with the actual Brazil land owners and then get
confirmation from the Brazil land owners that they will uphold the
LLP agreements and provide a valid “Option to Buy” agreement to the
LLP’s.
If they refuse the LLP lawyer should investigate obtaining a court
order to obtain this information.
(e) Set up a voice conference meeting with all the members of your
specific LLP you were assigned to discuss what further legal action to
take against Amba Sun Ltd and Vision Land Investments Ltd.
If you send me an email and I can send you the full list of the
members of each LLP.
(e) Attend some phone conferences that will be set up via this forum.
4. Warning.
A person called Stephen McGuire may contact you (he's already
contacted me) from a company called Prime Business Ltd (in
conjunction with Phil Dodson from BES Management Ltd) and may claim
that he has been appointed by JJ. Empreendientos Imobiliarios Ltd to
determine the current status of the land in Brazil held the LLPs to
insure that the security and full rights of the land are held for and
on behalf of each LLP .
Be aware that Prime Business Ltd are listed as consultants for Vision
Land Investments Ltd in the first VLL newsletter that Phil Dodson sent
out.
It should be pointed out point out that if VLL couldn’t get the
“Option to Buy” contracts sent out after three years then it is very
doubtful that Prime Business Ltd will get them for you so any claims
and promises by them should be taken with a grain of salt.
It is very likely that they just want to lead the investors on down a
different tangent with false hope until both Amba Sun Ltd and VLL are
formally dissolved so we can’t make any further claims.
If they do contact you I recommend you ask them the following
questions:
1. If Steve McGuire has been appointed by JJ. Empreendientos
Imobiliarious Ltd then please get him to provide a signed letter of
introduction by them on their letterhead.
2. Request an explanation from Steve McGuire why Phil Dodson isn't
doing this security and valuation as Vision Land Investments Ltd was
supposed to be providing this to the LLP's.
3. Request Steve McGuire provide the land certificate of ownership by
JJ. Emp....
4. If there was an agreement for Amba Sun to transfer possession of
the land to JJ Empr... then request Steve McGuire to provide clear
evidence of this including the agreement that JJ Empr...would honour
the brochures commitment to the investors including the LLP's.
6. If the Prime Business Ltd legal department claims to have proved
that the ownership of the land sits with the LLP's then please request
their legal department to provide you with the evidence which in
reality should really only be the “Option to buy” contract agreement
between JJ. Empreendientos Imobiliarious Ltd and the Sunset Beach
Resort LLP’s.
7. Request Steve McGuire to explain why who BES management Ltd is and
their relationship to this product venture. (Note BES Management Ltd
are actually listed as one of the Directors of VLL).
CONTACT INFORMATION
Phil Dodson from VLI has requested John D Travers & Company to arrange
the creditor liquidation. Their contact details are:
John D Travers & Company, First Floor, 58 Hagley Rd, Stourbridge, West
Midlands, DY8 1QD, http://www.johndtravers.co.uk
jo...@johndtravers.co.uk 01384 374 000
A meeting of the Creditors will be held at the above address on 14th
June at 11am. Please apply to John Travers for a Creditor application
form.
Amba Sun Ltd is already in creditor liquidation. The joint liquidators
are:
Peter Langard Amba Sun Ltd Registered Office: Lifford Hall, Lifford
Lane, Kings Norton, Birmingham, B30 3JN in...@liffordhall.co.uk 0121
459 1222
Nickolas Grimes Rimes & Co, Bridge House, Riverside North, Bewdley,
Worcestershire in...@rimesandco.co.uk 01299 406 355
jacky morris
Mar 19, 2013, 12:39:47 PM3/19/13
to sunsetbeac...@googlegroups.com
Hi John
I have purchased a plot in Tambaba Country Club and some time later I discovered that this one belongs to VLI group.
I have been worried with everything that I have read here and other places.
Do you have any news about this case?
Thanks
Jacky
Andrew Hutt
Sep 11, 2013, 3:44:51 PM9/11/13
to sunsetbeac...@googlegroups.com
Hi John, I have only just discovered this group. I invested money via Amba Sun in Vision Brazil LLP 3. Has Vision gone into liquidation? Is it too late to do anything? Any advice would be helpful. Regards
Andy
Andy
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