- This topic has 16 replies, 14 voices, and was last updated 14 years, 7 months ago by
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please someone help!!!!!!
i have a polaris world apartment and i have tried to cancell the contract and get a refund via a solictiors cancellation letter.the contract states if the apartment is not completed 6 months sfter the original date i can get a refund for all monies.clauses 4.1-4.2 in contract.they give you a 15 day period to get this notice in which i have done,however polaris world will not give me my money back,so they are in breach of their own contract.(THIS IS SO WRONG).
i have sold our family home in england and used all our savings to try and sort this out,iam desperate for some help and thinking of going public to bbc watchdog to make the british aware whats going on.
i stand to lose £80000.they are crooks.
PLEASE SOMEONE HELP ME ASAP.
IF THERE IS ANY OTHER PEOPLE IN MY SITU LETS ALL GET TOGETHER TO SORT THIS OUT.
CHEERS GAZ… -
gary b – Thanks for your PMs. From what you have told me, these threads may be of interest to you:
http://spanishpropertyinsight.com/forums/viewtopic.php?t=2398
http://spanishpropertyinsight.com/forums/viewtopic.php?t=928It is VITAL that you have a lawyer who is not connected to the developer.
What has your lawyer told you ❓
What reasons have PW given you, for refusing to give you your money back ❓
Do you have a Bank Guarantee ❓ -
Gary b,
I have just joined this forum and only yesterday posted a message of my experiences with a company called DREAM OVERSEAS PROPERTIES. The guy who runs this company(ERIC BOYD) is a “Golden Partner” for Polaris World. I find this an absolute joke.I have e-mailed PW to no avail. I was given the e-mail address of one of their Customer Relations Managers, whom I also e-mailed. She has not replied to me either. What yours and my experiences says to me is that PW do not give a damn about their own customers or indeed the business practices of their so-called “Golden Partners”. They are a joke. -
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No doubt what needs to be done:
1. Contact a Lawyer, explain the situation.
2. Ask him to prepare a Legal claim against the developer company for not paying you back when they breach the contract.
This is a simple case, although it may take some time. You can also apply for damages and compensation and, if you can prrove you have had costs related to the delay of the handing over of the house (i.e. hotel bills) you can claim for this too.
As I read before, NEVER use a Lawyer recommended by the developer. In fact, this “recommendation” could be considered lack of impartiality of the Lawyer and could be sued for this.
Good luck -
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This is not exactly like that. Although I would have to see the contract, any clause that gives them the “flexibility” to decide wether to pay you back or not, would be considered abusive and, therefore, null and void. As you can imagine, a breach in the contract is a breachj in the contract and they cannot defend their position by applying illegal clauses.
They may be in serious financial problems (as many developers are at the moment in Spain) and just try to put you down on your attempt to reverse the contract.Please feel free to send us copies of your documents for a free legal advice.
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According to what you say, Gaz, they are in breach of the contract. This means that you are entitled to get the payments already made back. I´m sorry about the trouble and I do understand that you have to feel terrible now. But try to calm down because Law is on your side.
What did they answer exactly to the solicitors cancellation letter?
Anyway, if they are not willing to cooperate, the next step is filing a claim against them. You are likely to be awarded costs -lawyers, etc- if you eventually win. I think you have many chances to win. Best of lucks!!!
Lucy
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In our lawsuit against El Valle Golf Resort SL (Polaris World), we asked for the termination of a purchase contract signed between the developer and a couple of British citizens.
The purchase contract, on its clause 4.2 clearly stated that “The purchaser shall be entitled to terminate this agreement during a term of 15 days if, after the second half of 2006, construction of the dwelling has not been completed”
Therefore, our clients tried to enforce that clause and get their money refunded when Polaris confirmed them that their apartment was not finished on time, before the end of 2006. Having no success in extra judicial contacts, MJ CARRILLO LAW FIRM started legal action in Murcia Court.
In a legal win for our Law Firm, the Judge finally passed sentence last December 2007, forcing Polaris World to terminate the purchase contract signed, refunding our clients the money they had paid plus the legal interest of the money. Polaris World will also have to pay attorney and lawyer fees. -
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Pat – this may be of help to you:
http://www.spanishpropertyinsight.com/forums/viewtopic.php?t=2942 -
Hi Gaz
We were in the position of buying an apartment on TDLT and in Nov 2007 were visited by a Polaris World area manager to tell us that our phase was no longer being built. We were offered alternatives but they offered us our money back which we were told would be paid by Dec/Jan. We to date are still owed our deposit which is 64,000 euros and only last week were told by Polaris that they were returning our money in 24hrs and then a few days later when it didn’t arrive were then told that they didn’t know when they would be returning it. We involved a solicitor in April and have already knocked up a £2,000 bill, something which we should not have to be paying out for. We are currently in the position where our solicitor is using our bank guarantees to have the money returned, Polaris know this but they still have done nothing. Could be a big worry to them though when it does happen!! I am not sure if they are experiencing any financial difficulties as I have read on another web site that some people have not received bank guarantees for their deposits (I hope you have??!!). This will leave people in a very difficult position in getting their money returned otherwise. I have contacted Watchdog and The Mail to date and am planning to email a journalist at The Guardian, who wrote about Polaris in May. As far as I’m concerned the more people who are aware that things are not rosey with Polaris World, the better. There are many people out there who hope to get their properties completed in the next year. The ongoing construction delays and Polaris’s reluctance to say when phases are starting to be built should be a warning sign to them. Gaz get yourself a solicitor who deals with Spanish property ASAP to look at your contract and take action, it may cost you in the long term but the sooner you get your money back the better…………….beware though it could take time………8 months for us so far!!! GOOD LUCK Annie -
Only this morning I received a letter from the Corporate development manager cheefully inviting me to join their “Advantage +” partnership programme – it will take all the hassle out of flogging Polaris according to him!
One line in the letter which you might wish to comment on “…programme also allows you to benefit from our comprehansive in-house sales service which assists all clients from initial enquiry through to property purchase and beyond”.
Maybe the next time you contact Polaris tell them you are a “Advantage +” client!! Good luck.
AP
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There are quite a few protests from clients of Polarisworld on the forum site http://www.polarisworldforum.net (look at La Loma and terrazas) especially regarding bank guaranteees not delivered for months. I see from various forum sites incl this one stating that they are piling up the money received to build mar menor resort and the mirador and terrazas 2 projects have been scrapped altogether some people being forced to wonder what on earth is going to happen wirth their deposits. Also most workers at tyhe company have been fired recently does not look good. 😥
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I recommend you the following procedure:
– Find out the real status quo of the building (plan, licenses, certificates) and the status of the property rights as far as this is possible. Contact official authorities in situ as well as the seller.
– Check the current legal and financial situation of the seller.
– Instruct the seller by out of courts summon to hand over the individual certificate of the bank guarantee/ insurance policy if he has not done so.
– Based on that investigation you should question yourself again: do you want to recover you down payment or do you prefer to go forward with your Spanish home project?
– If you decide to recover your deposit, start preliminary proceedings with out of court summons (seller/ bank/ insurance company). Set them an ultimatum.
– If out of court does not generate any result, then -and only then-start fast track litigation and claim your deposit plus legal interests plus costs.
Some developer´s banks refuse paying back the deposit saying that the developer has not opened a special deposit account. Generally speaking, Spanish Courts rule that the Spanish guaranteeing banks have the obligation to instruct the developer to open such a special guarantee account. Thus, the buyers normally recover their deposit from the banks even if the special guarantee account has not been opened. Of course, each case must be checked individually and the ruling can be different in each case due to different circumstances.
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