Just wondering if anyone is currently trying to get their money back o compensation under clauses 1s & 1b?

Going to iniate proceedings against tecnicil,wondering which lawyers can you trust.Waiting for a reply from amado medina regarding costs

Apparently 5% uis being charged, but not sure if that is of the 50% or full value of property.

This is the response I got from Amado & Medina regarding costs for pursuing either 1a and 1b.


R: Cost for the 1a) -- 2.000? + 300? ( VAT 15%)
Cost for 1b)

---

5% of the total amount involved on the process.

Ive got mail!!!
From A&M
Some how theyve worked out I will get 148000 Euros back under clause 1b! and their charge will be 5% of that.
Unfotunately I believe it to be ' double the deposit ' +5 euribor
So my calculations.
3000 Euro Deposit
3000 Euro ( doubled )
71000 Euro interim
7% + 5% ?

77000 Euro I expect to get back

So if they are taking 5%

Its going to cost me 500 Euros!!!

I hope they are right and im wrong.

moparftw

Looks like theyve just doubled everything.

Have A&M stated how long or difficult the process would be?

No mention of time expected for refunds, although contract states 60 days.
Because it takes A&M 2 weeks to reply to my mail I have spoken to someone from Tecnicil, who have said they will honour clause 1a, compensation, but not 1b, money back.!!!
Will have to wait and see what A&M can deliver.

Anyone from ireland want to meet up and discuss what course of action to take with the development being late,it is time we acted together

Hi Moparftw. 5% of 77,000 is 3.850 euro

Loughrea,
Will mention to owners i know in the West of Ireland, not sure they are following the Forum.(presuming your live where the 3 counties meet!).

Fin

We are from Whitehead in the North we have asked Aand M to implement Clause 1B no reply yet.We have 2 properties and will be on Sal from the 28th March to the 3rd April!

Don't be greedy leave some for us in 2nd phase get your deposit back and run or tecnicil will go bust and no one will get anything .
An Obituary printed in the London Times.......
>
>
>
> Today we mourn the passing of a beloved old friend, Common Sense, who
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Hi moparftw,
Refer to your Promissory contract of purchase and sale,clause 4,paragraph 1a.Your deposit is your first 30% payment.The 3000 euros you paid was merely a reservation fee.
Also in \"General conditions of sale\",clause 6 paragraph 1,i think you will find that it only applies to those people who have not been notified of a delay in building.We were so notified in autumn 2007 by recorded delivery,so paragraph 1a and 1b do not apply to us.If pagraph 1 applies to you then it clearly states that the BUYER has the choice of a) or b) not the developer.
I am not involved in law but have taken advice.Hope this helps.
David

David Thomas,
I received a letter from Tecnicil around the same time as you. I did not take it as an official invoking of FM, I took it as an information letter only as that is what it appeared to be. I would have expected if Fm was being invoked at that time, that the letter would have been more clear in its wording. I quote from the letter \"We will shortly have a better idea fo timescale and will inform you accordingly\" to date I have had nothing. The letter did mention FM but did not state that it was being invoked

john 442, I am from the North also, I have purchased in Phase II, it would be great if we could make contact for a chat, not sure how we could arrange this if you wanted to, give me your thoughts, cheers.

Hi The Dog,
Agree with you entirely. I have not mentioned Force Majeure.As stated i believe that letter was merely a notification of a delay in building therefore invoking paragraph 2 of clause 6,thus giving the developers 90 days grace with no penalty.What is interesting is that paragraphs 4 a)and b) (which can be invoked by the purchaser if the extended contractual completion date passes after either a notified delay or notified FM ),bear no resemblance to the paragraphs 1 a) or b) previously mentioned. Also there is no mention of repayment in 60 days, in fact there is no mention of any timescale. I do not believe getting compensation or money back is going to be as easy as some people think.

David

David thomas, Have just looked over the para,s you mentioned, yes, I see what you mean, no mention of the timescale, however, I agree with you on the refund bit, will be difficult. Did you get an email from Nuno Martins lately with an attachment of the latest newsletter, they have written in the article answers to lots of queries, they mentioned the letter of October 07 and say, what this means is that they have invoked FM and allows them a window of 180 days to complete VV, so are they trying to invoke FM by the back door so to speak. I will be challenging that one I would think.

Hi The Dog,
At this stage we intend to complete.We have bought their furniture package and agreed to the rental deal, but who knows what the future may hold? Yes we did receive the email from Nuno, and frankly i do not believe Tecnicil have done themselves any favours by sending it. Obviously we would not have done the above without having faith in Tecnicil but that email destroyed that faith. Paragraph 5 of clause 6 makes it quite clear how FM can be invoked;why it can be invoked is open to debate.Clearly FM cannot be invoked nearly 18 months after the event.I believe that email was a crude attempt to intimidate those thinking of claiming breach of contract. I expect Tecnicil to force a test case based on that email, and refuse to deal with any of us until the test case is settled. How many of us will have the guts to challenge them? Given that we will be in breach of contract if we fail to complete.I hope i am wrong, particularly for those who cannot raise the final payment, but right now, as far as Tecnicil is concerned, my glass is half empty.

David.

Hi The Dog,
At this stage we intend to complete.We have bought their furniture package and agreed to the rental deal, but who knows what the future may hold? Yes we did receive the email from Nuno, and frankly i do not believe Tecnicil have done themselves any favours by sending it. Obviously we would not have done the above without having faith in Tecnicil but that email destroyed that faith. Paragraph 5 of clause 6 makes it quite clear how FM can be invoked;why it can be invoked is open to debate.Clearly FM cannot be invoked nearly 18 months after the event.I believe that email was a crude attempt to intimidate those thinking of claiming breach of contract. I expect Tecnicil to force a test case based on that email, and refuse to deal with any of us until the test case is settled. How many of us will have the guts to challenge them? Given that we will be in breach of contract if we fail to complete.I hope i am wrong, particularly for those who cannot raise the final payment, but right now, as far as Tecnicil is concerned, my glass is half empty.

David.