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COSTA ESURI - AYAMONTE

COSTA ESURI - AYAMONTE

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Old Jul 25th 2008, 7:47 pm
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Default Re: COSTA ESURI - AYAMONTE

Originally Posted by John & Kath
Wrong way round I tried to pay mine in May and they told me no it is between June and September and since we won't be back until October I paid last Tuesday.

It is a bit more complicated than when it is due for a new owner. It first of all depends who is in ownership of the property on the first of January they are liable for the tax. They may seek to apportion it if you complete part way though the year but you would have to agree to this.

We completed in Feb 2007 and I found out in October 2007 that Fadesa had paid the full year and did not seek part refund from me at completion so my full liability was from 1 Jan 2008 to be paid between June and September 2008.
Interesting point you have made about apportioning the tax. I completed in July 2007 and the Tributaria have just given me a bill for the whole of the year. Obviously something I need to take up with them when I am over next month.
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Old Jul 25th 2008, 7:58 pm
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Default Re: COSTA ESURI - AYAMONTE

Originally Posted by John & Kath
Hi Carol,

Have a look at my post as far as I can see all those who have paid a % of the cost will become creditors for the deposit when the administrator is appointed. At this time before his appointment you can choose to complete and move on but there are risks mainly associated with permanant uninterrupted electricity supply. If you do not want to go ahead and do not have a BG then you must have to claim against the administrator to get any money back and I suspect you will be at the back of any list. Of course any administrator worth his salt is going to chase you to complete to maximise the income to Fadesa in administration.
How do you figure that? Again - and I've lost count of the times I've said this - I urge you to contact your lawyer. That you see yourselves as creditors is beyond me according to the explanations I've been given. Have you performed any services that require payment where this has not been achieved? Do Fadesa AT THIS CURRENT TIME owe you money that was due to be paid long ago? Or, as I suspect, are you in contract disagreement? If the answer to the last is no, you are not a creditor. Go ahead, guys. Join the list. If you think that is where you will get the answers you are looking for go for it.
As for me I'm done. If I want to hurl my head at a brick wall, I can think of more pleasnt and far less time consuming ways to do so.
Good luck, but as far as I'm concerned you're on your own
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Old Jul 25th 2008, 8:34 pm
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Default Re: COSTA ESURI - AYAMONTE

Originally Posted by Fortaleza
How do you figure that? Again - and I've lost count of the times I've said this - I urge you to contact your lawyer. That you see yourselves as creditors is beyond me according to the explanations I've been given. Have you performed any services that require payment where this has not been achieved? Do Fadesa AT THIS CURRENT TIME owe you money that was due to be paid long ago? Or, as I suspect, are you in contract disagreement? If the answer to the last is no, you are not a creditor. Go ahead, guys. Join the list. If you think that is where you will get the answers you are looking for go for it.
As for me I'm done. If I want to hurl my head at a brick wall, I can think of more pleasnt and far less time consuming ways to do so.
Good luck, but as far as I'm concerned you're on your own
ARR ,You were our champion.Our knite in shining armour.Who will guide us now
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Old Jul 25th 2008, 8:45 pm
  #2974  
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Smile Re: COSTA ESURI - AYAMONTE

Originally Posted by Fortaleza
How do you figure that? Again - and I've lost count of the times I've said this - I urge you to contact your lawyer. That you see yourselves as creditors is beyond me according to the explanations I've been given. Have you performed any services that require payment where this has not been achieved? Do Fadesa AT THIS CURRENT TIME owe you money that was due to be paid long ago? Or, as I suspect, are you in contract disagreement? If the answer to the last is no, you are not a creditor. Go ahead, guys. Join the list. If you think that is where you will get the answers you are looking for go for it.
As for me I'm done. If I want to hurl my head at a brick wall, I can think of more pleasnt and far less time consuming ways to do so.
Good luck, but as far as I'm concerned you're on your own
Jon you seem particularly opposed to common sense here. Of course Fadesa owe them money they paid a deposit for the production of a good to a set specification and Fadesa have not performed on TIME or specification therefore they can claim against the Bank Guarantee. But I forgot despite the legal requirement to provide one Fadesa was not forced to do so at the right time.

They simply ask Fadesa for their money back now by bureau fax. Fadesa will not give it back so they become a creditor. If I was asked for personal advice and I am no lawyer I would say get the best campaigning Consumer Lawyer you can on your side now against any eventuality that may arise in the next few weeks and be prepared to act very fast when the advice is to do so. That kind of lawyer seems as rare as hens teeth so a search now would do no harm. An old army maxim is "time spent on recce is never wasted" now is the time for the in-depth recce.

I have put my money where my mouth is and I believe Puente Esuri will over time be a marvelous place to be, for some it already is but for those who are of a different view they must act now to protect themselves however if they agree with my view of the future then rapid completion is the option and that might also serve to dig Fadesa out of the hole they are in. Win win all round!

Last edited by EsuriJohn; Jul 25th 2008 at 8:48 pm.
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Old Jul 25th 2008, 8:51 pm
  #2975  
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Default Re: COSTA ESURI - AYAMONTE

Originally Posted by casey948
Interesting point you have made about apportioning the tax. I completed in July 2007 and the Tributaria have just given me a bill for the whole of the year. Obviously something I need to take up with them when I am over next month.
Surely Fadesa as the previous owners should of paid it ?
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Old Jul 25th 2008, 8:56 pm
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Smile Re: COSTA ESURI - AYAMONTE

Originally Posted by casey948
Interesting point you have made about apportioning the tax. I completed in July 2007 and the Tributaria have just given me a bill for the whole of the year. Obviously something I need to take up with them when I am over next month.
I am sorry but it seems to me you would need to take it up with the previous owner who did not assume his responsabilities and therefor the council have come after the one holding the parcel. You can always try though you never know the seller may feel obliged or the council may do it for you. Are you sure the bill is for 2007 it could be that was paid and the bill you have is for 2008 which is just out now and due for payment before end of September. If that is the case the seller has paid for the whole of 2007 and you pay for 2008. Spanish tax years run Jan to Jan so it does muck us anglos about with our April 6th to April 6th nonsense

Last edited by EsuriJohn; Jul 25th 2008 at 9:04 pm.
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Old Jul 25th 2008, 9:04 pm
  #2977  
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Default Re: COSTA ESURI - AYAMONTE

I would go along with Fortaleza on this creditor thing.
I was a preferential creditor once, first paid are the taxman then the National insurance, then the workers (me), then anyone they owe money to for a service delivered.
I had to pay a registration fee, I think it was a fiver at the board of trade, then 8 years later I got a letter from the board of trade office with a cheque for 12 and 6 in it.
This was in Chelsea, London and as you know Spain is slightly more layed back in their legalities.

Edit, I forgot to mention the Admin work for 8 years, probably helping to reduce the actual payout. ;-)

Last edited by jdr; Jul 26th 2008 at 6:35 am.
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Old Jul 25th 2008, 9:25 pm
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Default Re: COSTA ESURI - AYAMONTE

Originally Posted by Fortaleza
How do you figure that? Again - and I've lost count of the times I've said this - I urge you to contact your lawyer. That you see yourselves as creditors is beyond me according to the explanations I've been given. Have you performed any services that require payment where this has not been achieved? Do Fadesa AT THIS CURRENT TIME owe you money that was due to be paid long ago? Or, as I suspect, are you in contract disagreement? If the answer to the last is no, you are not a creditor. Go ahead, guys. Join the list. If you think that is where you will get the answers you are looking for go for it.
As for me I'm done. If I want to hurl my head at a brick wall, I can think of more pleasnt and far less time consuming ways to do so.
Good luck, but as far as I'm concerned you're on your own
Oh dear Fortaleza, please, please don't leave us on our own!!! How could we possibly survive without your information, advice and plain common sense.
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Old Jul 25th 2008, 10:07 pm
  #2979  
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Default Re: COSTA ESURI - AYAMONTE

Originally Posted by Fortaleza
Ask yourself WHY Sñr Rodriguez was appointed adminstrator, originally intended for the whole site.
The same reason maybe why you were all "required" to use Carlos Toledo in Punta Umbria to sign, some 60km away?????
Hi Fortaleza

Good question yours. How long it takes untill people realize that ADA and Fadesa work together?
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Old Jul 25th 2008, 10:15 pm
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Default Re: COSTA ESURI - AYAMONTE

Originally Posted by John & Kath
Who is this Rodriguez guy never heard of him?
Manuel Rodriguez, ADA administrator.
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Old Jul 26th 2008, 1:01 am
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Default Re: COSTA ESURI - AYAMONTE

At the risk of again being called a scaremonger, neghead, mad and worst of all an Expat Estate Agent my take is as follows:

1. Those that have completed without a loan, and can afford to sit it out, probably don't need me to tell them they are now going to have to wait years to see a capital return on their investment.


2. Those that have completed taking out a loan that they expected could be funded by a rental income above £ 125 a week year round could be in seroius trouble as if they can't fund the loan from other sources for a good few years the banks will forclose and very quickly sell it for whatever they can show is the "real" market value and if the net funds after all the charges involved are significantly less than you owe and you are not " a man of straw" they will go after your assets in the UK or elsewere and they will get them.

3. Those that have paid deposits/stage payments but have NOT completed should immediatly send a recorded/signed for letter to a named Director of MF at their HQ asking for the details of all the bank securities that apply to their purchase and in the meantime UNDER NO CIRCUMSTANCES fail to pay any payments due under the contract.

The Irony is that those facing 3. are those panicking most but so long as a vaild security does actually exist they are the most protected should MF go under or breach their contract as they will get all their money back plus 6% per year under the Ley de Cantidades Anticipadas.

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Old Jul 26th 2008, 9:51 am
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Default Re: COSTA ESURI - AYAMONTE

Originally Posted by Fortaleza
As for me I'm done. If I want to hurl my head at a brick wall, I can think of more pleasnt and far less time consuming ways to do so.
Good luck, but as far as I'm concerned you're on your own
I think I speak for most of us when I say that we value your advise and help which you have provided. I think if people want to challenge someone on the current issues, they should go talk to the ones that put them in this situation. Keep the advice coming Fort, we need your positive input at the moment. BTW you don't fancy being the new president for Rago 1 do you
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Old Jul 26th 2008, 10:20 am
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Default Re: COSTA ESURI - AYAMONTE

To all RAGO 1 Owners

Dear all,

If you´re not already in contact with me, please send me a PM with your email address and bloque number. I have compiled a list of as many owners as possible - up to 46 at the moment with the purpose of circulating information about Rago 1 and the current problems.

Yvonne
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Old Jul 26th 2008, 1:39 pm
  #2984  
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Default Re: COSTA ESURI - AYAMONTE

Originally Posted by Fortaleza
How do you figure that? Again - and I've lost count of the times I've said this - I urge you to contact your lawyer. That you see yourselves as creditors is beyond me according to the explanations I've been given. Have you performed any services that require payment where this has not been achieved? Do Fadesa AT THIS CURRENT TIME owe you money that was due to be paid long ago? Or, as I suspect, are you in contract disagreement? If the answer to the last is no, you are not a creditor. Go ahead, guys. Join the list. If you think that is where you will get the answers you are looking for go for it.
As for me I'm done. If I want to hurl my head at a brick wall, I can think of more pleasnt and far less time consuming ways to do so.
Good luck, but as far as I'm concerned you're on your own
Cool down Fortaleza!! You seem to have exploded since I posted about contacting presidents/ADA etc. As I also said, we value your input here and see you as 'someone in the know'... fortunately I dont take umbrage at these comments e.g 'you are wrong' and "As for me I'm done. If I want to hurl my head at a brick wall", however impolite they are. People used to have a go at you for your posts - but recently youve been really helpful, so I hope you stay that way.

I also think it is reasonable to get on the list if Fadesa are owing money currently to the communities/intercommunities and also to make a provision for the future. Until a property is sold Fadesa need to have paid and to pay the community charges for both the community and the intercommunity...

Since we have presidents and management companies that are also responsible to taking the money and taking action for non-payment - surely they are the people to speak to to get ourselves 'on the list'. E.g we dont use ADA for the intercommunity but on the first day after the annoncement our company was at the judges office making and registering a case.

They werent kicked out of the office! So they werent doing anything wrong.

Please keep up the good work Fortaleza, but however frustrated you are, with us amateurs, dont forget that there are people with no electricity out there, uncompleted contracts, money owed etc.... worse off than you'll ever be. And this is a worrying situation to them.

I repeat my suggestion of before: For people to contact their presidents/management co's to ensure that we are not left out of any settlement of unpaid fadesa bils and also to get a provision for the future. As John says its their job.


Dont take all this personally... and I hope you will continue to feedback and politely advise us of your ideas

Cheers
Jon
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Old Jul 26th 2008, 6:44 pm
  #2985  
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Smile Re: COSTA ESURI - AYAMONTE

URGENT TO ANY RVA 1 MANZANA 1 PEOPLE (LAS JARAS) TOWNHOUSES

Is there anyone out there who has a property in this area please pm me as I'm trying to sort out the management company problems, it seems that the other manzana's have replaced the old company with a new more effictive one and until we on our manzana find out whom our president is we cannot join forces with them (which of course would be more cost effictive). We need to have some sort of gathering/communication to sort the problem out ie; garden/pool up keep.

I look forward to hearing from you.
Regards
Kerry

Last edited by kerry and paul; Jul 26th 2008 at 6:53 pm.
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