ADVICE NEEDED – Martinsa Fadesa – forced completion

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This topic contains 5 replies, has 3 voices, and was last updated by Profile photo of Anonymous Anonymous 6 years, 6 months ago.

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  • #55643
    Profile photo of Anonymous
    Anonymous
    Participant

    In 2006 we put 56k euros deposit on an apartment on Costa Esuri. To cut a long story short the company Martinsa Fadesa went into administration in 2008 and although our apartment was finished shortly after the quality is poor and the company has not delivered as expected so we have not completed. The company should have completed the apartment in April 2007. There is no chance that the property will ever look as it should and as the company is in administration the owners are having to do everything for themselves.

    In fact we had pretty much written everything off. We told our solicitor – a local one in Ayamonte to cancel the contract but the company says this has not happened. The solicitor does not respond unless pressed to any email and we have heard nothing for about a year. We have now had a formal letter from MF telling us to complete on the 15th June or they will take us through the courts to recover their costs on behalf of the creditors. Can they force us to complete – we have no longer any funds in Spain and our situation has now changed. I just want to walk away.

  • #98823
    Profile photo of Anonymous
    Anonymous
    Participant

    With the information provided we can not be in position to confirm whcih the developer’s options are. In any event, worst case scenario, in case the developer is entitled to force you to complete, and providing you have not any assets in Spain, it is really unlikely to see the developer pursuing your assets in the UK or elsewhere out from Spain.
    I’m sorry to hear you are not having proper communication from your current solicitors; as a lawyer, I think communitation is key to provide a good quality service and to see how some of our colleagues don’t provide such good service is always bad publicity for the rest of the good lawyers who do a proper job.

    Best regards

    Javier Moya- Lawyer
    MT Legal Abogados

  • #98825
    Profile photo of Anonymous
    Anonymous
    Participant

    @JAVIERML wrote:

    With the information provided we can not be in position to confirm whcih the developer’s options are. In any event, worst case scenario, in case the developer is entitled to force you to complete, and providing you have not any assets in Spain, it is really unlikely to see the developer pursuing your assets in the UK or elsewhere out from Spain.
    I’m sorry to hear you are not having proper communication from your current solicitors; as a lawyer, I think communitation is key to provide a good quality service and to see how some of our colleagues don’t provide such good service is always bad publicity for the rest of the good lawyers who do a proper job.

    Best regards

    Javier Moya- Lawyer
    MT Legal Abogados

    Thank you for your comment – I hope you are accurate that they will not pursue us in the UK. We have decided to appoint a Spanish lawyer who works in the UK who knows of the situation. Today I tried to get in contact with our solicitors in Ayamonte and was promised by the secretary they would definitely call back today but they did not. We have no alternative now I think as the date we are supposed to complete by is the 15th June.

  • #98826
    Profile photo of Anonymous
    Anonymous
    Participant

    @CES wrote:

    @JAVIERML wrote:
    With the information provided we can not be in position to confirm whcih the developer’s options are. In any event, worst case scenario, in case the developer is entitled to force you to complete, and providing you have not any assets in Spain, it is really unlikely to see the developer pursuing your assets in the UK or elsewhere out from Spain.
    I’m sorry to hear you are not having proper communication from your current solicitors; as a lawyer, I think communitation is key to provide a good quality service and to see how some of our colleagues don’t provide such good service is always bad publicity for the rest of the good lawyers who do a proper job.

    Best regards

    Javier Moya- Lawyer
    MT Legal Abogados

    Thank you for your comment – I hope you are accurate that they will not pursue us in the UK. We have decided to appoint a Spanish lawyer who works in the UK who knows of the situation. Today I tried to get in contact with our solicitors in Ayamonte and was promised by the secretary they would definitely call back today but they did not. We have no alternative now I think as the date we are supposed to complete by is the 15th June.

    I hope you can resolve your situation with your new lawyers. In case you need any assistance, please do not hesitate to contact us, we would be more than happy to help.

    Regards

    Javier Moya- Lawyer
    MT Legal Abogados

  • #98830
    Profile photo of katy
    katy
    Spectator

    If you are concerned that they can touch your English assets it is an english lawyer you need to consult. Don’t delay this is not a spanish matter.

  • #98831
    Profile photo of Anonymous
    Anonymous
    Participant

    @katy wrote:

    If you are concerned that they can touch your English assets it is an english lawyer you need to consult. Don’t delay this is not a spanish matter.

    I am appointing a Spanish lawyer here in the UK based in a traditional UK practice. I hope it will enable me to cover both bases.

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