COSTA ESURI - AYAMONTE
Sep 11th 2008 | 5:18 pm
#3826
Forum Regular
Joined: Mar 2005
Posts: 184
Re: COSTA ESURI - AYAMONTE
Hi All,
Spent some time looking but just found this quote: -
"If you were not granted a Bank Guarantee for the deposits handed in any of the FADESA development ( now in ways or being under judicial administration for creditor´s meeting), you have got a way to obtain a guarantee for the money that you have paid and which were not guaranteed by the legally obligatory Bank Guarantee or Insurance Policy out of 57/69 Law or General Building Act of 1999.
There are some Commercial Courts Magistrates that, out of interpretation of the Bankruptcy´s Act, consider that those buyers off plan of real estate are special and privileged creditors and this translates as them having a real guarantee on the asset they were buying so none else but them, the buyers, can exceute that asset for the cashing of the debt against the company under bakruptcy.
This way, you stop your building process but keep the buying or executuion rights on the property you were buying: much better than being lost among the whole bunch of creditors of the company: worrkers, suppliers, lawyers, banks...."
Regards,
John.
Spent some time looking but just found this quote: -
"If you were not granted a Bank Guarantee for the deposits handed in any of the FADESA development ( now in ways or being under judicial administration for creditor´s meeting), you have got a way to obtain a guarantee for the money that you have paid and which were not guaranteed by the legally obligatory Bank Guarantee or Insurance Policy out of 57/69 Law or General Building Act of 1999.
There are some Commercial Courts Magistrates that, out of interpretation of the Bankruptcy´s Act, consider that those buyers off plan of real estate are special and privileged creditors and this translates as them having a real guarantee on the asset they were buying so none else but them, the buyers, can exceute that asset for the cashing of the debt against the company under bakruptcy.
This way, you stop your building process but keep the buying or executuion rights on the property you were buying: much better than being lost among the whole bunch of creditors of the company: worrkers, suppliers, lawyers, banks...."
Regards,
John.
Sep 11th 2008 | 8:09 pm
#3827
Lost in BE Cyberspace
Joined: Jun 2005
Posts: 6,912
From: Puente Esuri
Re: COSTA ESURI - AYAMONTE
Hi
Just got back from two weeks in CE, great to meet some of those on the forum or those who read it. Heres some news following on from other things brought up on this thread
Fas De Gostos the fne dining place in Castro Marim really is nice, great food but alas its closing this week and moving to Faro , the next best place for fine dining seems to be Praia Verde!!!!
Jags really does do lovely curries, fresh and spiced none of that horrid aftertaste you get at the usual curry houses.
Sally who provides massage, reflexology etc - had a massage , it was lovely, so relaxing she comes round to your house and you just chill, a very pleasant experience.
But one thing I am still not sure of -Snagging or rather the lack of it, to fix those problems in your new home, Vanesa in after sales mentioned that if you need work done you should hire someone and send the bill to Fadessa, that sounds sensible but does that then mean you become a creditor and if so in theory you need to have this work done before 30th September in order to get the bill into them and meeting the creditor filing deadline, I spoke to a few folks whilst in CE and no one really knew for sure, any ideas? or am I way off?
Just got back from two weeks in CE, great to meet some of those on the forum or those who read it. Heres some news following on from other things brought up on this thread
Fas De Gostos the fne dining place in Castro Marim really is nice, great food but alas its closing this week and moving to Faro , the next best place for fine dining seems to be Praia Verde!!!!
Jags really does do lovely curries, fresh and spiced none of that horrid aftertaste you get at the usual curry houses.
Sally who provides massage, reflexology etc - had a massage , it was lovely, so relaxing she comes round to your house and you just chill, a very pleasant experience.
But one thing I am still not sure of -Snagging or rather the lack of it, to fix those problems in your new home, Vanesa in after sales mentioned that if you need work done you should hire someone and send the bill to Fadessa, that sounds sensible but does that then mean you become a creditor and if so in theory you need to have this work done before 30th September in order to get the bill into them and meeting the creditor filing deadline, I spoke to a few folks whilst in CE and no one really knew for sure, any ideas? or am I way off?
Are you saying that the whole restaurant has moved off to Faro on the back of a truck just like the Australians do on Discovery. Or is it just the Chef or most probably the proprietor. Will the building still be there and will it re open under new management with another name?
Sep 11th 2008 | 8:36 pm
#3828
Luz Living
Joined: Nov 2004
Posts: 333
From: Ayamonte
Re: COSTA ESURI - AYAMONTE
When we are out in October we have a birthday of one of the party and to celebrate we were going to go to the Fas de Gostos on the bend in Castro Marim.
Are you saying that the whole restaurant has moved off to Faro on the back of a truck just like the Australians do on Discovery. Or is it just the Chef or most probably the proprietor. Will the building still be there and will it re open under new management with another name?
Are you saying that the whole restaurant has moved off to Faro on the back of a truck just like the Australians do on Discovery. Or is it just the Chef or most probably the proprietor. Will the building still be there and will it re open under new management with another name?
Sep 11th 2008 | 9:10 pm
#3829
Lost in BE Cyberspace
Joined: Jun 2005
Posts: 6,912
From: Puente Esuri
Sep 11th 2008 | 9:41 pm
#3830
Luz Living
Joined: Nov 2004
Posts: 333
From: Ayamonte
Re: COSTA ESURI - AYAMONTE
should have said rates & rent
Sep 12th 2008 | 12:05 am
#3831
BE Enthusiast
Joined: Oct 2004
Posts: 615
From: Shenfield, Essex
Re: COSTA ESURI - AYAMONTE
Hi,
Does anyone have a landline number for an abogado called Ana (I think it may be Ana Sancho??) I've tried an e-mail address posted on here a couple of years back but it was undelivered. Also tried the web but without luck. Kind of urgent so any help appreciated.
Thanks
Does anyone have a landline number for an abogado called Ana (I think it may be Ana Sancho??) I've tried an e-mail address posted on here a couple of years back but it was undelivered. Also tried the web but without luck. Kind of urgent so any help appreciated.
Thanks
Sep 12th 2008 | 12:34 am
#3832
Forum Regular
Joined: Apr 2007
Posts: 135
From: Glasgow
Re: COSTA ESURI - AYAMONTE
Sep 12th 2008 | 1:52 am
#3833
Lost in BE Cyberspace
Joined: Jun 2005
Posts: 6,912
From: Puente Esuri
Sep 12th 2008 | 3:31 am
#3834
Just Joined
Joined: Mar 2007
Posts: 28
Re: COSTA ESURI - AYAMONTE
I would have to agree with Brian if you intend on completing, then take your action now. It is the uncertainty of what's going to happen with creditors that is the problem. Don't get me wrong Fadesa have an obligation with you to hand over a plot complete with services. Fadesa and the Spanish govt have both said their intention is that contracts will be respected.
The plots that I have dealt with can now be connected to mains electric and water.
The problem is where in the line of creditors a plot buyer would come. Do ask me I don't know.
Going off on a tangent the last Spanish company listed on the stock exchange in Madrid that went into protective liquidation was a company called Española del Zinc and I think it was 2 years before everything was sorted out.
Fadesa are now going to present their balance sheets on the 26th Sept and not on the 3rd Sept as previously expected. ( they have stated that under the circumstances it was impossible to get all the information together before that date).
So as you can see delay could be the name of the game.
The plots that I have dealt with can now be connected to mains electric and water.
The problem is where in the line of creditors a plot buyer would come. Do ask me I don't know.
Going off on a tangent the last Spanish company listed on the stock exchange in Madrid that went into protective liquidation was a company called Española del Zinc and I think it was 2 years before everything was sorted out.
Fadesa are now going to present their balance sheets on the 26th Sept and not on the 3rd Sept as previously expected. ( they have stated that under the circumstances it was impossible to get all the information together before that date).
So as you can see delay could be the name of the game.
As you seem to be a person in the frame with some knowledge and a great deal of experience about CE, can you answer me a couple of questions no worries if you can't. Do you know of any other lawyers asking for monies to be paid for registering out interest as a creditor? when the monies are paid out to the creditors at the end of this debacle in Spanish law is it Employees 1st, Councils 2nd, Inland Revenue 3rd Clients ie us 4th and the banks last? My associate says MF are going to write to all Plot owners giving them their options and if that is so with the administrators looking over them for everything they do and say at MF would you not believe thet to be true? and finally as i'm out there next week can i complete an online form registering my interests and deposit that with a "body" as my interest as a creditor? Thank you in anticipation and if anyone else knows the answers then i would much appreciate it
Ken
Sep 12th 2008 | 6:16 am
#3835
Luz Living
Joined: Nov 2004
Posts: 333
From: Ayamonte
Re: COSTA ESURI - AYAMONTE
I have had a lot of phone calls today about my previous post about plots of land and owner v buyer. I am not a lawyer but this is the info I have gotten from various sources.
To get the paperwork presented in Spain you need to have someone present here in Spain that can look after this for you. I don’t know if a Gestoria could do that for you or whether a lawyer is the only valid option.
As for representing yourself in court, it has to be a procurator or lawyer, the judge won’t listen to anyone else. And finally the two most asked questions:
Should I pay a fee and get a lawyer to be there for me? It’s up to you as I won’t tell people what to do with their money.
What if no one represents my claim in court? Again tricky, if you are not represented, your side won’t be heard. If the case arose where MF went into liquidation (not protective) you may risk losing your money.
Can I just ask all the plot owners to not call me because I don’t know anymore than I post here and I am not a lawyer. I have received the above information from calling two lawyer firms here in Huelva and one in Malaga. These lawyers have been tried and trusted by my clients in the past so that is why I contacted them. If they come back with more info I will post it here and on my usual spot.
Regards
MichaelH
To get the paperwork presented in Spain you need to have someone present here in Spain that can look after this for you. I don’t know if a Gestoria could do that for you or whether a lawyer is the only valid option.
As for representing yourself in court, it has to be a procurator or lawyer, the judge won’t listen to anyone else. And finally the two most asked questions:
Should I pay a fee and get a lawyer to be there for me? It’s up to you as I won’t tell people what to do with their money.
What if no one represents my claim in court? Again tricky, if you are not represented, your side won’t be heard. If the case arose where MF went into liquidation (not protective) you may risk losing your money.
Can I just ask all the plot owners to not call me because I don’t know anymore than I post here and I am not a lawyer. I have received the above information from calling two lawyer firms here in Huelva and one in Malaga. These lawyers have been tried and trusted by my clients in the past so that is why I contacted them. If they come back with more info I will post it here and on my usual spot.
Regards
MichaelH
Sep 12th 2008 | 6:31 am
#3836
Luz Living
Joined: Nov 2004
Posts: 333
From: Ayamonte
Re: COSTA ESURI - AYAMONTE
Michaelh
As you seem to be a person in the frame with some knowledge and a great deal of experience about CE, can you answer me a couple of questions no worries if you can't.1
Do you know of any other lawyers asking for monies to be paid for registering out interest as a creditor? 2
when the monies are paid out to the creditors at the end of this debacle in Spanish law is it Employees 1st, Councils 2nd, Inland Revenue 3rd Clients ie us 4th and the banks last?3
My associate says MF are going to write to all Plot owners giving them their options and if that is so with the administrators looking over them for everything they do and say at MF would you not believe thet to be true? 4
and finally as i'm out there next week can i complete an online form registering my interests and deposit that with a "body" as my interest as a creditor?5
Thank you in anticipation and if anyone else knows the answers then i would much appreciate it
Ken
As you seem to be a person in the frame with some knowledge and a great deal of experience about CE, can you answer me a couple of questions no worries if you can't.1
Do you know of any other lawyers asking for monies to be paid for registering out interest as a creditor? 2
when the monies are paid out to the creditors at the end of this debacle in Spanish law is it Employees 1st, Councils 2nd, Inland Revenue 3rd Clients ie us 4th and the banks last?3
My associate says MF are going to write to all Plot owners giving them their options and if that is so with the administrators looking over them for everything they do and say at MF would you not believe thet to be true? 4
and finally as i'm out there next week can i complete an online form registering my interests and deposit that with a "body" as my interest as a creditor?5
Thank you in anticipation and if anyone else knows the answers then i would much appreciate it
Ken
They all charge for the service its how they make a living it only whether you pay at the beginning , middle or end that differs
Don't know where in the pecking order everyone is but employees will be very near the top if not the top.
They did send a cover letter out to say they would keep everyone informed and I am sure their intentions are good. However Fadesa were never good at correspondence when they had nearly 1000 workers and now that there are a lot less, I wouldn't be waiting by the letterbox if you know what I mean.
Don't think so but I haven't looked into it to be honest
Now if you are happy with the answers you can send a bit of karma my way
Last edited by Michaelh; Sep 12th 2008 at 6:40 am.
Sep 12th 2008 | 6:57 am
#3837
Lost in BE Cyberspace
Joined: Jun 2005
Posts: 6,912
From: Puente Esuri
Re: COSTA ESURI - AYAMONTE
Hi All,
Spent some time looking but just found this quote: -
"If you were not granted a Bank Guarantee for the deposits handed in on any of the FADESA development ( now being under judicial administration for creditor´s meeting), you have got a way to obtain a guarantee for the money that you have paid and which were not guaranteed by the legally obligatory Bank Guarantee or Insurance Policy out of 57/69 Law or General Building Act of 1999.
There are some Commercial Courts Magistrates that, out of interpretation of the Bankruptcy´s Act, consider that those buyers off plan of real estate are special and privileged creditors and this translates as them having a real guarantee on the asset they were buying so none else but them, the buyers, can exceute that asset for the cashing of the debt against the company under bankruptcy.
This way, you stop your building process but keep the buying or executuion rights on the property you were buying: much better than being lost among the whole bunch of creditors of the company: worrkers, suppliers, lawyers, banks...."
Regards,
John.
Spent some time looking but just found this quote: -
"If you were not granted a Bank Guarantee for the deposits handed in on any of the FADESA development ( now being under judicial administration for creditor´s meeting), you have got a way to obtain a guarantee for the money that you have paid and which were not guaranteed by the legally obligatory Bank Guarantee or Insurance Policy out of 57/69 Law or General Building Act of 1999.
There are some Commercial Courts Magistrates that, out of interpretation of the Bankruptcy´s Act, consider that those buyers off plan of real estate are special and privileged creditors and this translates as them having a real guarantee on the asset they were buying so none else but them, the buyers, can exceute that asset for the cashing of the debt against the company under bankruptcy.
This way, you stop your building process but keep the buying or executuion rights on the property you were buying: much better than being lost among the whole bunch of creditors of the company: worrkers, suppliers, lawyers, banks...."
Regards,
John.
Sep 12th 2008 | 10:05 am
#3838
Account Closed
Joined: May 2006
Posts: 39
Re: COSTA ESURI - AYAMONTE
[QUOTE=betris;6753359]
I honestly don't know what your problem is mate, but you do have a problem, or maybe it's just me, do you have a problem with me? I'd be happy to discuss it face to face. I joined the forum to exchange ideas to the good of everyone here, things are not good for anyone at Esuri or pretty much anywhere else at the moment, so why not share the brighter points with others without having to suffer having the piss taken at everything said. So that's it for me, I honestly can't stand the thought of having to read anymore of your supercilious junk, so I'm done with this forum.
To those that have helped over the time I send my sincere thanks and wish everyone other than this joker the very best.
By the way Beatrice, paradice as you call it is spelt with an s not a c
You can post another daft reply, but I won't be reading it
Good luck guys.
I have travelled all over the world, but CE and Ayamonte is where I have never experienced this level of feeling of belonging before. My folks travelled over from Malaga to see us.
yes I know the feeling.dont you just know when you belong.Make the most of things because things some times dont last.
I found a place like that and also felt like you.fantastic neibours.Home made moonshine with the mates every night on the landing.a bit of home grown ganja in a nice splif.sex on tap.I thought I had found paradice and it would never end,but alas,
they gave me parole
yes I know the feeling.dont you just know when you belong.Make the most of things because things some times dont last.
I found a place like that and also felt like you.fantastic neibours.Home made moonshine with the mates every night on the landing.a bit of home grown ganja in a nice splif.sex on tap.I thought I had found paradice and it would never end,but alas,
they gave me parole
To those that have helped over the time I send my sincere thanks and wish everyone other than this joker the very best.
By the way Beatrice, paradice as you call it is spelt with an s not a c
You can post another daft reply, but I won't be reading it
Good luck guys.
Sep 12th 2008 | 10:17 am
#3839
Senior Moment
Joined: Jan 2006
Posts: 20,459
From: On the edge
Re: COSTA ESURI - AYAMONTE
[quote=rogerbilko;6778077]
I honestly don't know what your problem is mate, but you do have a problem, or maybe it's just me, do you have a problem with me? I'd be happy to discuss it face to face. I joined the forum to exchange ideas to the good of everyone here, things are not good for anyone at Esuri or pretty much anywhere else at the moment, so why not share the brighter points with others without having to suffer having the piss taken at everything said. So that's it for me, I honestly can't stand the thought of having to read anymore of your supercilious junk, so I'm done with this forum.
To those that have helped over the time I send my sincere thanks and wish everyone other than this joker the very best.
By the way Beatrice, paradice as you call it is spelt with an s not a c
You can post another daft reply, but I won't be reading it
Good luck guys.
Not that you will be here to read it, but what particular post has offended you?
I honestly don't know what your problem is mate, but you do have a problem, or maybe it's just me, do you have a problem with me? I'd be happy to discuss it face to face. I joined the forum to exchange ideas to the good of everyone here, things are not good for anyone at Esuri or pretty much anywhere else at the moment, so why not share the brighter points with others without having to suffer having the piss taken at everything said. So that's it for me, I honestly can't stand the thought of having to read anymore of your supercilious junk, so I'm done with this forum.
To those that have helped over the time I send my sincere thanks and wish everyone other than this joker the very best.
By the way Beatrice, paradice as you call it is spelt with an s not a c
You can post another daft reply, but I won't be reading it
Good luck guys.
Sep 12th 2008 | 10:57 am
#3840
Banned
Joined: Mar 2007
Posts: 1,380
From: inaskip
Re: COSTA ESURI - AYAMONTE
[QUOTE=rogerbilko;6778077]
I honestly don't know what your problem is mate, but you do have a problem, or maybe it's just me, do you have a problem with me? I'd be happy to discuss it face to face. I joined the forum to exchange ideas to the good of everyone here, things are not good for anyone at Esuri or pretty much anywhere else at the moment, so why not share the brighter points with others without having to suffer having the piss taken at everything said. So that's it for me, I honestly can't stand the thought of having to read anymore of your supercilious junk, so I'm done with this forum.
To those that have helped over the time I send my sincere thanks and wish everyone other than this joker the very best.
By the way Beatrice, paradice as you call it is spelt with an s not a c
You can post another daft reply, but I won't be reading it
Good luck guys.
sorry roger if you have been reading you will have noticed that due to the problem at CE at the moment I havent said any thing lately to upset any one.yes you have a problem at CE but I have a big problem too and mine is getting worse by the week and there is no solution to it at the moment.
I honestly don't know what your problem is mate, but you do have a problem, or maybe it's just me, do you have a problem with me? I'd be happy to discuss it face to face. I joined the forum to exchange ideas to the good of everyone here, things are not good for anyone at Esuri or pretty much anywhere else at the moment, so why not share the brighter points with others without having to suffer having the piss taken at everything said. So that's it for me, I honestly can't stand the thought of having to read anymore of your supercilious junk, so I'm done with this forum.
To those that have helped over the time I send my sincere thanks and wish everyone other than this joker the very best.
By the way Beatrice, paradice as you call it is spelt with an s not a c
You can post another daft reply, but I won't be reading it
Good luck guys.
