– wish you lots of good luck and a happy (quick?) ending to your story. Would be most interested to hear how you get on.
– in answer to your question, we are seeking compensation as well as our money back plus legal interest. (The current offer from the developer last week when we were in Marbella was we could have our money back ‘now’ but without any interest!!
Don’t you love these people – they’ve had 64 peoples money for more than 30 months, and obviously regard us as ‘free finance’.
The reason we are not asking our lawyer just to go for enforcing our Bank Guarantee (as I recommended to DOL53) is because our particular story has a small ‘twist’.
The developer, having had the building licence suspended in Autumn 2003, kept the fact hidden from the buyers. Throughout 2004, they continued to build a lower-level ‘part 2’ phase of the development, meanwhile re-applying for the b.l., but still got turned down.
Beginning of 2005, they decided they had to let the cat out of the bag, and informed all the purchasers of the higher level that the development wouldn’t be going ahead.
However, they forgot to tell one purchaser on the list. Me.
So, believing I was going to get the keys end October 2005, we sold our house in the Summer (this was a permanent move for us), put all our furniture in (expensive!) storage, and moved into temporary accommodation ready for the ‘big move’.
In September I telephoned to see if it was not too late to choose our kitchen units etc. and a surprised voice told me ‘…..but you must know, everyone has been informed – nothing has been built…’.
They since have fully admitted they have no record of informing me back in February.
Obviously if we had known of the problem in Feb, we would not have sold our house, put all our belongings/furniture into storage, and endured eversince living in temporary accommodation in a tiny flat plus 2 dogs, plus 91year old Mum. To get to the shops, I have to drive past my lovely Victorian House that now belongs to someone else!
Knowing, because of their failure to inform us at the beginning of the year that we are now in this position, their attitude/offer of returning our money without even any interest is particularly galling. It was almost as if we should be grateful that we could see our money now as against end of next September!
They boasted to us that they have settled with two purchasers recently in this way, with no interest.
This is why, last week, we took the step to do something. We are so angry that they are getting away with so much, and we feel it is about time that someone took a stand. Especially in our case as we sold our house unnecessarily.
Having said that, I am in touch with other buyers, and one for instance, has a very bad heart condition – imagine what all this stress has done there. It doesn’t bear thinking about.
So everyone has there own story/stress/despair.
And even though in spain many people tell us ‘it is not worth suing, it can take years, can be horrendously expensive etc. (this is why these developers are getting away with blue murder) – we have decided that, whatever it takes, we want to give them a hard time and some stress for a change.
Sorry, I’ve gone on a bit, havn’t I 🙄 …….so in answer to your question, yes, we are going for compensation, and because of selling our house – our lawyer feels we have a good chance. He is hoping our hearing could be before the ‘August break’ (when the courts close for the month).
P>S> Over the years, my friends have always accused me of being a lousy letter-writer. I’ve written more words on this forum in 3 months than I have to friends in the last 30 odd years!!!!!