Pozo del Esparto

Grupo Santander

Grupo Santander responded on 3 November to my open letter of complaint as follows:

We refer to your e-mail of 31st October and regret that we are unable to assist you in the matter referred to, as it is outside our sphere of competence. However, we are trasnferring your e-ail to the Spanish Chamber of Commerce in the U.K. in order to be processed.
Sincerely,
Area de Accionistas Santander
Línea Atención Accionistas: (902 11 17 11)

can we see the mountain from here?

A phone line is considered a basic amenity and is considered to be the norm especially in a brand new, purpose built home. However, buyers of off plan property shouldn't be so complacent to expect to be able to check your emails when away from work on holiday or even make an emergency phone call without a mobile phone.

Your off plan may be almost habitable and on a first inspection, you may have noticed that the telephone sockets have been installed. You will probably be told by someone connected with the developers that you just need to arrange with Telefonica to start using a phone etc. Likewise, do not assume that just because you have spent in excess of a million euros on your Spanish property, that a phone line will be part of the package.

See the article figuring out the phone for more...

Banco Bilbao Vizcaya Argentaria

BANCO BILBAO VIZCAYA ARGENTARIA responded on 31 October to my open letter of complaint  as follows:

We regret this unfortunate situation over which we have no control and we cannot be of help to you. However, BBVA online is available for any query you have on Personal Banking products and services.
Sincerely,
BBVA

open letter of complaint

Today, on my mother-in-law's birthday, I emailed the following text to the majority of the patrons of the Spanish Chamber of Commerce in Great Britain. I shall post responses if and when I receive them.

Dear Sir/Madam,

I believe your company supports the Spanish Chamber of Commerce in Great Britain. I am contacting you with regard to a member of the Chamber - Casa del Sol Properties of Emsworth, Hampshire. I ask that the Chamber make enquiries relating to the events outlined below and advise me regarding any response. In my opinion, neither Casa del Sol nor any of the other companies or individuals referred to have acted with professional responsibility throughout this sorry tale.

Further details are available on request.

Yours faithfully,

Bob Hopkins.

• My in-laws, Mr and Mrs Talbot, are purchasing a house on a new-build estate in Pozo del Esparto, Almeria.
• The process began in 2002 when Casa del Sol took them on an inspection visit and introduced them to GoGo Estates in Aguilas, Murcia.
• GoGo showed them details of an off-plan development and introduced them to the developer, Crevisa Dos S.L. and a solicitor, Carlos Minguez.
• In June 2003 they sold their property in the UK to raise the deposit.
• In April 2004 they moved into a rented apartment in Aguilas arranged by GoGo Estates on the understanding that their property would be ready for occupation within three months. It wasn't, and they had to find their own alternative accommodation.
• Subsequent false promises from the developer's agent, Bert Holdorp of Estáras Playa S.L. & Albe Servicios S.L., and GoGo Estates have kept them locked into a waiting game. They have lodged with various friends in the area throughout this time.
• Until 13 September 2005, Casa del Sol made no attempt to monitor or remedy this situation.
• On 13 September 2005 my wife spoke with Mr Carl Marodeen of Casa Del Sol Properties. He said he had no knowledge of any problems regarding the Pozo del Esparto development, but that he would look into it. My wife asked to be copied into any correspondence and Mr Marodeen agreed.
• On 21 September my wife phoned Casa Del Sol for an update. She spoke briefly to Carl Marodeen, who then passed the phone to Harvey Marodeen – Carl’s father, who dealt with my in-laws’ initial enquiry. Harvey said he was unaware of ongoing problems with the Pozo del Esparto development. He said Carl had recently driven past the development and had reported that the properties ‘looked occupied.’ When asked about GoGo Estates, Harvey said his company no longer dealt with them – he said whenever Casa Del Sol phoned them, GoGo Estates simply ‘hung up.’ When asked about Bert Holdorp (the developer's agent) Harvey was equally unimpressed, and reacted with disbelief when my wife explained how Mr Holdorp had behaved towards my in-laws. When told of the Town Hall’s abysmal response to my in-laws’ plight Harvey again expressed disbelief, and suggested their solicitor should be acting on their behalf. Mr Marodeen said he would get personally involved by writing to my in-laws’ solicitor. To date he has not contacted my wife with a response.

merry christmas mr holdorp

Interesting information today from another buyer on the site. They were told by their estate agent Magellan SL that

1. The houses are legal and there is no danger that they will be knocked down
2. Building licences are not the problem, the site is approved, the problem is the roads
3. Title deeds most likely can be done before Christmas

Well, okay... But before we get too excited we should reflect for a moment upon the source of this wisdom. The agent had been speaking with the elusive Bert Holdorp - a man not best known for reliable pronouncements.

What is of interest is that Magellan SL said they would not be offering any new houses from the builder Crevisa 2 or Mr Holdorp's companies (the service agency ALBE and the promoter Estáras Playa SL) until all pending problems with old contracts are sorted in a satisfactory way.

Amen to that

the road goes ever on and on

I have heard a rumour, apparently emanating from the Town Hall at Cuevas, that the road might be laid in Jan or Feb 2006... Looks like a muddy Christmas for those who have occupied their properties.

why indeed

WHY CASA DEL SOL? The company was established in 1975 and thus has had almost 30 years of experience in selling properties in Spain and the Spanish islands. Over that period of time we have been able to develop associations in Spain with agents, developers and lawyers who we trust, who we can now recommend wholeheartedly. Casa Del Sol have four offices in the U.K. in Chichester (West Sussex) Emsworth (Hampshire) London and Northampton, and we strongly urge any prospective buyers to take the trouble to travel to one of our offices and meet senior personnel face to face where trust and confidence can be established rather than to merely talk over the phone.

So they say in their Buyers Guide. And that is how it was for my in-laws. They took the trouble to meet senior personnel face to face. Trust and confidence were established. They entered into an agreement with a Spanish agent, a Spanish developer and a Spanish lawyer - all wholeheartedly recommended.

...so called “Horror Stories” are nearly always the result of British buyers failing to deal through a reputable company. Casa Del Sol Properties have many years experience in the market and can help avoid these problems.

Well, it hasn't worked this time.

One month ago my wife spoke with Harvey Marodeen of Casa Del Sol. He undertook to investigate. If he has discovered anything he has yet to pass it on. What redress do clients have when trust fails and recommendations prove unwise? What legal obligations do Casa Del Sol have towards my in-laws? I don't know but I am going to find out.

the presence of ghosts

Juan Bertomeu — a real-estate lawyer who covers both Murcia and Almeria — describes it as “the Wild West”, where planning permission is too often ignored and developers make little effort to deliver on their promises. The Cinderella costa, Times Online, 18/09/05.

If your vision of the Spanish coast is English pubs and high rise hotels, Almería will come as a magical surprise. In Andalusia's most south-easterly province this stretch of coastline looks just as it did when the Moors invaded in the eighth century; the only catalyst for change now will be the winds as they continue to move the ever-shifting sand dunes. Walking in the Wild West, Telegraph, 20/09/05.

Is this really a "shoot-out for tourists in Tabernas, 25 miles from the coast", or a hands-on training session for rooky abogados? Do cowboys dream of concrete sheep?

builder of dreams

And, if I've not said it before, Bert Holdorp and his companies Estaras Playa/Albe Servicios are NOT the builders. He has NOTHING to do with Crevisa other than acting as a promotor for their properties. Do NOT let Bert threaten you in any way, especially by threatening to tear up your contract and refund your money, as he did with us and several others that we know of. The contracts that you have signed are with Crevisa and NOT Bert!! This man is a bully and a liar, and he has no business pretending to be the builder.

Hmm. So said one of the Pozo unfortunates who occupied his property in the latter half of July 2005.

I met Mr Holdorp once, in July 2004. My wife, my son and I had flown to Spain to stay with my in-laws in their new bungalow. It was supposed to be finished and they were supposed to be living in it. But they were still in their rented apartment in the village and we lodged there with them. On the evening of the first day we walked up to the site. It was getting dark, but we were keen to see the property and they were keen to show it to us. We expected it to be locked, and it was. The neighbouring property was open, however, and we took a look inside. When we came out, a vehicle pulled up and a man got out. It was Bert the Builder. He was embarassingly rude and obnoxious. He ordered us off the premises, threatening us with a call to the Police. I said that was fine, call them and I'll explain how you have obtained £60,000 of my in-laws' money by false pretence and we'll sort that out at the same time. His 'minder' was sat in the vehicle. I asked him if he spoke English because I needed to know if he understood what was being said. He replied yes, but said this was nothing to do with him. At that point my in-laws asked me not to pursue the matter because it would make things worse for them, so I walked away. The man is indeed a bully. I now know he has companies called Estaras Playa and Albe Servicios.

We build your dreams!! he says on his 'web portal.'

Think I'll stay awake a little longer, Bert, if that's alright with you.

everything but the truth

In an earlier posting I referred to a meeting my in-laws had with the Town Hall people in Cuevas del Almanzora, when they were told the matter of the unfinished dwellings in Pozo del Esparto had become a 'political issue'. Whatever that means. They were then advised to sumbit a form to the Town Hall. This form was supposed to 'compel' information from the bureaucrats. Four days ago I received this text message: Town Hall reply says licence given when site is finished. Odd. Bert (the Builder) Holdorp has always insisted the Town Hall are responsible for the delay and confusion. Yet perhaps there is nothing odd in this. What is the Spanish for obfuscation -  the activity of obscuring people's understanding, leaving them baffled or bewildered?

This article reports on an 'investigation into all building licences granted by the Mayor of Cuevas del Almanzora because, it is feared, they do not conform to urbanization regulations.' So that is what they meant when they spoke of a 'political issue.'