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PostPosted: October 29th, 2009, 6:10 pm 
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Joined: October 19th, 2007, 6:36 pm
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Location: Kent
Have any other purchasers on VA received a letter from their solicitor about drafting an Addendum to contract and giving options - hang on or pull out. Original completion was Sept. 2009. Then extended to March 2010. Now being given as 30 June 2010. Have got until 20 Nov. '09 to give my decision. Has anyone else made their choice? The cost of this Addendum is 750 euro + IVA (@20%) and another fee. Any advice or thoughts would be greatly appreciated. Angela. :? :?


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PostPosted: October 29th, 2009, 6:20 pm 
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Suggest you look at Residential Amusa Sept 2009 and Bergamotto threads as they have had the same letter in the recent past. Why are you being asked to pay when it is the builder who has delayed? Also it may affect your rights if you agree to this change of completion date.


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PostPosted: October 29th, 2009, 6:30 pm 
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Elise wrote:
Suggest you look at Residential Amusa Sept 2009 and Bergamotto threads as they have had the same letter in the recent past. Why are you being asked to pay when it is the builder who has delayed? Also it may affect your rights if you agree to this change of completion date.

Elise, thanks for your quick reply. Will check out RA and Bergamotto threads as suggested. BUT any VA buyers out there PLEASE get in touch. Angela.


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PostPosted: October 30th, 2009, 10:19 am 
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Hi

I got home from work yesterday to the same letter. Having read the other post that were suggested it seems that they managed to get the fees paid last time after they all stuck together and refused to pay? It does seem ridiculous that we are having topay for somethign that is not our fault and we don't want?!

I was tempted to go for litigation against them , but reading about it, it sounds like it will cost a fortune and we probably wouldn't win.

:x


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PostPosted: October 30th, 2009, 11:03 am 
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Location: Kent
harrogate wrote:
Hi

I got home from work yesterday to the same letter. Having read the other post that were suggested it seems that they managed to get the fees paid last time after they all stuck together and refused to pay? It does seem ridiculous that we are having topay for somethign that is not our fault and we don't want?!

I was tempted to go for litigation against them , but reading about it, it sounds like it will cost a fortune and we probably wouldn't win.

:x
Hi harrogate. Have you made a decision yet? I don't mind holding on for a later date but what guarantee will we have that when the time comes they will delay further. From the photos progress does seem to have been made. Block B seems to only need top floor and roof to be finished before walls etc. to be done. Looking at earlier photos it seems that they are working on A and B alternatively. So both blocks should be finished within months of each other. With it being a small complex I can't see why it wont complete. Have you got a deadline to reply by? :? Angela.


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PostPosted: October 31st, 2009, 11:47 am 
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Joined: June 3rd, 2009, 3:05 pm
Posts: 59
hi
I have had no contact from anyone about angeLo but than again my Lawyers are g&l so i don't expect much
did you get the Letter from beIIa or your Lawyers
it was suggested on a deLay of 6 months that maybe we could try negotiate a Lower price rather than an expensive court case would any one be interested in doing this
MEG
angela wrote:
harrogate wrote:
Hi

I got home from work yesterday to the same letter. Having read the other post that were suggested it seems that they managed to get the fees paid last time after they all stuck together and refused to pay? It does seem ridiculous that we are having topay for somethign that is not our fault and we don't want?!

I was tempted to go for litigation against them , but reading about it, it sounds like it will cost a fortune and we probably wouldn't win.

:x
Hi harrogate. Have you made a decision yet? I don't mind holding on for a later date but what guarantee will we have that when the time comes they will delay further. From the photos progress does seem to have been made. Block B seems to only need top floor and roof to be finished before walls etc. to be done. Looking at earlier photos it seems that they are working on A and B alternatively. So both blocks should be finished within months of each other. With it being a small complex I can't see why it wont complete. Have you got a deadline to reply by? :? Angela.


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PostPosted: November 1st, 2009, 11:04 am 
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We have also received this letter from G & L a few days ago. As per my previous posting (under Giambrone Law thread) they have also contacted us earlier with these two options, however at that time they proposed drafting & sending an Addendum to the Prelim Contract to the vendor (Bella Calabria)with revised completion date of March 2010. Lucky we didn't take them up on this as now suddenly the revised date is June. In that letter G & L also stated that they had been instructed by several buyers on VA to lodge a claim against the developer. Would be interesting to hear from any of these people! And in this latest letter G & L suddenly states that they don't advice us at this stage to issue legal proceedings. Which in earlier correspondence have encouraged?? Also there is no mention of "force majeure" in our Prel. Contract.
I don't understand why we should have to pay to change the contract when it's the vendor who is causing the delay. According to our Prel. Contract the vendor need to ask us- the Buyer, to agree to a reasonable extension of the completion date. We have had no communication from the vendor or their lawyers - don't even know who they are!
Just not sure what to do :?:


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PostPosted: November 1st, 2009, 3:19 pm 
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A properly drawn up contract should have covered any delay. Delays in building projects are wholly forseeable.

I cannot understand why any addendum could possibly be required unless the preliminary contract is completely defective. Have you really been advised to sign a contract which did not include clauses dealing with a delay?

If the contract is defective then your lawyer should be massively embarrased and doing the work free of charge, alternatively the builder should be paying.

There is no way a buyer should be paying for this.


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PostPosted: November 1st, 2009, 3:32 pm 
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Location: Kent
annika wrote:
We have also received this letter from G & L a few days ago. As per my previous posting (under Giambrone Law thread) they have also contacted us earlier with these two options, however at that time they proposed drafting & sending an Addendum to the Prelim Contract to the vendor (Bella Calabria)with revised completion date of March 2010. Lucky we didn't take them up on this as now suddenly the revised date is June. In that letter G & L also stated that they had been instructed by several buyers on VA to lodge a claim against the developer. Would be interesting to hear from any of these people! And in this latest letter G & L suddenly states that they don't advice us at this stage to issue legal proceedings. Which in earlier correspondence have encouraged?? Also there is no mention of "force majeure" in our Prel. Contract.
I don't understand why we should have to pay to change the contract when it's the vendor who is causing the delay. According to our Prel. Contract the vendor need to ask us- the Buyer, to agree to a reasonable extension of the completion date. We have had no communication from the vendor or their lawyers - don't even know who they are!
Just not sure what to do :?:
Hi annika. Have sent you an e-mail. The posting (vimitalia) following your looks promising. Angela.


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PostPosted: November 2nd, 2009, 12:43 pm 
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Hi Everybody who had paid ther 50% of the build expecting it to be completed by Sept 09.

I Queried Dana Damoc (dana@bellacalabria2005.com) of Bella Calabria and she said that the completion date is now scheduled for 30/06/10 she forwarded me a letter from the Builder (transated below)

ELLEDI COSTRUZIONI S.R.L.
Via Catelvetere, 8
89040 CAULONIA M. (RC)
PI 02491470809

Spett. Le
BELLA CALABRIA 2005 S.R.L
Via Garibadi sesta traversa
89000 BIANCO RC


OGGETTO: Complesso Residenziale Villaggio Angelo

Relativamente alla consegna degli immobile di cui all'oggetto siti in M. Di Caulonia loc. Vasi, si informa che per motivi indipendenti dalla volonta` della societa`, causati da imprevisti imprevedibili ed in particolare alle avverse condizioni meteorologiche protrattasi per lungo tempo nella passata stagione invernale, nonche’ di pochi giorni addietro che hanno causato l’inevitabile sospensione dei lavori per lunghi periodi, la consegna degli immobile in oggetto avverra` entro il 30 giugno 2010.

Nell’occasione si inviano cordiali saluti
Data 30 settembre 2009

Translated:

CONSTRUCTION ELLEDI S.R.L.
Street Catelvetere, 8
89040th CAULONIA M. (RC)
PI 02491470809

Att. The
BELLA CALABRIA 2005 S.R.L
Street Garibadi sixth street
89000th WHITE RC


SUBJECT: Residential Villaggio Angelo

Regarding the delivery of the property that the object sites in M. Of Caulonia loc. Vases, please note that for reasons beyond the control of the `society, caused by unforeseen contingencies and, in particular by adverse weather conditions have persisted for a long time in the past winter season, as well as' a few days ago that caused the inevitable suspension of work for long periods, the delivery of the property in question `will take place by 30 June 2010.

Occasion you send cordial greetings
Date September 30, 2009

According to my contract I can either agree to the extension or get a refund of all sums paid, plus any legal interest accrued during the period.

I think that I will be asking for a refund! is anybody else of that mind because I would be interested in Pooling together to make our recovery costs with a Lawyer less expensive?

I also was with G&L and have also recieved there letter dated26th Oct 2009 regarding Villaggio Angelo; I am not satisfied with there work although I havnt replied to G&L I have asked another Italian Lawyer to have a look at the contract drawn up by G&L to see his take on it all.

This Lawyer is much better and it is initial free advice to show my options, I will let you know the outcome, but I have been of the mind to get my money back.


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PostPosted: November 2nd, 2009, 2:25 pm 
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Hi, we are also buying at VA and received the infamous letter from G & L today. We are off the opinion that the chances of getting any refund will be slim. If the majority of the buyers go down the line of cancelling it is obvious that the builder will probably become insolvent so we could lose everything.
We also agree that we should not be paying the lawyer for the amendment and therefore think it is a good idea if we all get together and refuse to pay.
How do we all stand regarding the bankers guarantee, which we should all have, but which the lawyer has not pursued? Surely if we all had this our deposits would be safe if the builder goes bust. Will be pleased to hear from anyone who is buying at VA.

Violet & Bill


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PostPosted: November 2nd, 2009, 4:05 pm 
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The bank Guarantee I have got was from 03/03/2008 - 02/03/2009 I am unsure if it has been renewed G L have not informed me!

Has anybody else got this document?


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PostPosted: November 2nd, 2009, 7:42 pm 
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atlantic wrote:
The bank Guarantee I have got was from 03/03/2008 - 02/03/2009 I am unsure if it has been renewed G L have not informed me!

Has anybody else got this document?

Mine ran out in Dec. 2008. Not renewed after requests to BC and G&L would chase up for a fee of about 300 euros. Your earlier message with translation was appreciated. Am hoping all VA purchasers make themselves known so we can stand together or divided we fall - fighting talk :roll: Perhaps we could have a members only thread. Just a thought. :roll: Angela.


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PostPosted: November 2nd, 2009, 10:38 pm 
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It looks like our Prel. contract have the same wording as yours, Atlantic. We can either agree to the extension or get a refund of all sums paid, plus any legal interest accrued during the period. It will be interesting to hear the comments from you other Italian Lawyer, who is looking at your Prel. Contract drawn up by G&L.
Our current Bank Guarantee expires 09/12/09 and I had to fight to get this renewed a year ago. So to get it renewed again soon will be another fight!! However is a Bank Guarnatee worth having?? It does not seem to matter what's in the contract, the vendor/builder calls all the shots. We have totally lost faith in this purchase and would love to get out of it somehow.


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PostPosted: November 3rd, 2009, 1:45 pm 
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I will keep you updated to what my Lawyer says


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PostPosted: November 3rd, 2009, 10:43 pm 
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atlantic wrote:
I will keep you updated to what my Lawyer says

Hi Atlantic. If the green form is not signed and returned to whoever solicitor would this be foolhardy do you think. Would it have any bad consequences or affect the contract? I certainly don't feel inclined to pay G&L anything. I can't understand why my deadline of 20 Nov. to return form is so important. After all the new completion date is 7 months away. Is it to get more unnecessary dosh out of us in advance? :? :? Angela.


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PostPosted: November 15th, 2009, 8:24 am 
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Atlantic,
Any news on the comments from you other Italian Lawyer, who is looking at your Prel. Contract drawn up by G&L?


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PostPosted: November 15th, 2009, 6:39 pm 
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I hope to get a definitive answer this week as I was aware of the undertone of threat by GL.

I will try and chase it up and post reply asap


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PostPosted: November 19th, 2009, 4:53 pm 
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Hi Fellow Villaggio Angelo Buyers.

I have got a truthful reply from my Lawyer and I am giong to take his advice.

What I would ask is if anyone would like to join a group action to ask for a reduction in the price in lieiu of the build delay? This is what my Lawer emailed me:

"I really don’t feel like taking an action against ***********firstly because I’m not a liar and as I always repeat I take care of my reputation. What I’m trying to say it’s that I know how things work in Italy and especially in Calabria and due to my knowledge I can tell you eventually there will be to await a lot for a civil procedure at the Court and at the same time probably you will not get back the money. Let me give you an example.
Ok, we law suit to recover your deposit. Of course ********* will immediately claim the fact of the force majeure concerning the weather to justify the delay of the completion. You will have to pay a lot of money for the expenses. The first decision will be given not before than 2-3 years. Even if this decision will be ok for you, then it's 100% sure the other part will reclaim and so we will need to wait other 2-3 years more for the decision of the Appeal Court which can be now negative for you. Therefore there is the real possibility that you will have to wait 5-6 years and then having nothing in your hands: money wasted, no deposit back, no property!
I’m a honest person ***, be aware that if you will find a lawyer who will tell you something like “yes, I take an action in your interest and for sure you will have back pretty soon your deposit” well he is a liar.
I perfectly understand your feeling when you say you are fed up with it all and just want out of the situation . Of course I will search and give you a conclusion on what the chances are of getting your money back. But from now I can tell you please believe me it would be much more better be patient and trying other tools. For instance as you said we proposed to our clients buying in other buildings to ask for a reduction of the initial price due to the delay of the completion. So I wouldn’t take any law suit but at the same time of course I would be happy to represent a group of clients which ask for a reduction in the property cost. About this it’s clear eventually if there is as shared action by my law firm we would charge lower fees"

So thats his definitave answer!!

I for one will be doing this alone if nobody else is interested.


PM me or reply on here


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PostPosted: November 20th, 2009, 5:11 pm 
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Hi Atlantic, I keep trying to reply to your post but so far unsuccessfully. Anyway, just wanted to say that it was good to see what your lawyer is saying. We agree totally and are happy to go down the same route as yourself. If we back out now there is no chance of getting any money back. Can you give us your lawyers details as we will have to change from Giambrone. Thanks.

Violet


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PostPosted: November 20th, 2009, 8:38 pm 
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Hi Violet,

Avvocato Paolo Zagami
“Zagamilaw” International Law Firm
Roma, Via dei Sansovino 6
Reggio Calabria, Via degli Arconti 25
New York, 122 East 42th street
www.zagamilaw.com

This Lawyer is dilligent and seems to have integrity I would endorse him.


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PostPosted: December 6th, 2009, 8:53 am 
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Hi Atlantic, Just wanted to let you know that we have now engaged Paolo Zagami to do our legal work and have to say we have had more communication from him in two days than we had from G & L in two years.
Can I please ask you if you received a final invoice from G & L when you disengaged them. We have received one but quite truthfully can't understand what we have to pay for. I haven't seen anyone writing about V A lately and am wondering if I am missing anything or if it's just that nobody is writing anything at the moment.

Violet


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PostPosted: December 6th, 2009, 2:24 pm 
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I have not bothered to let G&L know what I am doing, I am sure they will find out when they try to contact the builder because he will not deal with them regarding my purchase.

They have been happy enough to ignore my emails and telephone calls in the past so stuff them I am going to ignore them!

If they try any legal jargon/action with me then I have a rake of evidence as to why I will not deal with them and let the LCS decide.

I suppose it is up to the individual, but I have paid them plenty of money up to now and have not had the service I would expect! (in fact what have they actually done besides the initial contract)?

Im sure they will get the message if everybody instructs another Lawyer, they will not be able to deal with the builder regarding those people.


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PostPosted: December 16th, 2009, 9:12 pm 
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Good evening.

It's the lawyer Paolo Zagami writing.

As I wrote in another topic please let me inform you two days ago I met Mrs. Maria Arcadi, the Bella Calabria Director. She is a very able, serious and polite person and gave me her total cooperation in order to our clients buying in "Villaggio Angelo".

We already assist some buyers for this building and I would be pleased to help more clients. Feel free to contact me to require our legal assistance.

Best Regards


Avvocato Paolo Zagami
Reggio Calabria, Via degli Arconti 25
Roma, Via dei Sansovino 6
New York, 122 East 42th Street
UK Line: +44.020.32862319
info@zagamilaw.com
http://www.zagamilaw.com


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PostPosted: December 17th, 2009, 8:52 pm 
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Posts: 37
My Lawyer has seen the builder.

They state that they have (force majure) for the delay and have gave a letter from the Council (or whatever):

comune di caulonia
89041 - provincia di reggio calabria
area tecnica
il dirigente area tecnica
visto il D. L. N. 267/2000;
visti gli atti d'ufficio;
certifica
che il territorio di questo comune dal 29.11.2008 e sino alla data odierna e' stato investito da un potenziale nubifragio con piogge persistenti di natura "Temporalesche" e con potenziala mareggiate dovute a scirocco e vento di maestrale che hanno compromesso seriamente tutte le infrastruttre pubbliche di questo Ente
Rilascia il presente in carta semplice per uso amministrativo.
Caulonio li 2.01.2009
il tecnico comunala
dir gente
Geom. G commisso
Capo Area Tecnica

Translated

Joint caulonia
89041st - province of Reggio Calabria
technical area
the technical area manager
Having regard to D. L. N. 267/2000;
having regard to official records;
certifies
that the territory of this municipality from 29.11.2008 and up to today and 'was hit by persistent rain with a potential storm of nature "storm" and potential storm surges due to the southeast and northwest winds that have seriously damaged public critical infrastructure all this body
Issue this paper easier for administrative use.
Them caulonia 2.01.2009
municipal engineer
People say
Geom. G Commisso
Chief Technical Area

I am not convinced and unsure where to go next regarding the weather report I might look into getting my own report.

The reduction of the cost of the property is a non starter as in my preliminary contract it states that the price is fixed and cannot be changed or amended.

I am still not happy and will have to think about what to do next. :?


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PostPosted: December 17th, 2009, 11:08 pm 
Zagamilaw wrote:
Good evening.

It's the lawyer Paolo Zagami writing.

As I wrote in another topic please let me inform you two days ago I met Mrs. Maria Arcadi, the Bella Calabria Director. She is a very able, serious and polite person and gave me her total cooperation in order to our clients buying in "Villaggio Angelo".

We already assist some buyers for this building and I would be pleased to help more clients. Feel free to contact me to require our legal assistance.

Best Regards


Avvocato Paolo Zagami
Reggio Calabria, Via degli Arconti 25
Roma, Via dei Sansovino 6
New York, 122 East 42th Street
UK Line: +44.020.32862319
info@zagamilaw.com
http://www.zagamilaw.com


I do not doubt that Mrs Maria Arcadi is a nice person but I am sure all those people who purchased a property from Medsea Estates/Italian Connection, under exclusive mandates from Bella Calabria, and who have since lost hundreds of thousands of euros, will not think so highly of her company.

Perhaps you have failed to understand that there are still many people who are waiting for refunds from Bella Calabria. There are also many people who purchased property indirectly through Bella Calabria who now find themselves without promised fitted kitchens, etc., etc.

Much has gone wrong in Calabria and Bella Calabria should bear equal responsibility.

Bella Calabria quietly shrug their shoulders and blame Medsea Estates/Italian Connection.

Lavish as much praise as you like on her, but don't expect too many clients to coming rushing to your door.


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PostPosted: December 18th, 2009, 10:39 am 
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Dear Rosalind.

As I wrote in another topic I absolutely agree with you.

But I cannot tell about what Bella Calabria did or said at the beginning with Residenzial Amusa and/or Villaggio Angelo due to I have been contacted from my clients after they signed the preliminary agreement.

Avvocato Paolo Zagami


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PostPosted: December 18th, 2009, 11:31 am 
My comment was not specifically relating to the 2 developments you mention because at least these are underway.

There are many people who purchased on developments not started and for which they paid 50% deposits.

Bella Calabria and Medsea Estates aka Italian Connection have received these funds and clients have documentation to prove it.

Bella Calabria should repay the proportion of the money they hold. We are speaking of hard earned money, life savings, etc., paid out by people looking for a new home in the sun.

None of them are rich people who have money to give away and none can really come to terms with the lack of comment and/or action from Bella Calabria.


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PostPosted: January 2nd, 2010, 6:36 pm 
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We have read this thread with interest. We agreed to purchase an apartment in Bergamotto II in February 2008. It is due to be completed by 25th February 2010. As far as we know, work has never started on this development. Would an Italian court really accept an argument of force majeur relating to bad weather in 2008/2009 as reasonable grounds for our apartment not being ready by the specified date? Surely, if the contracted completion date is reached without any work being started, the vendor has very little, if any, defence?

We are happy to be involved in a group action. How many other people are in a similar position to us, ie where no work at all has been started on their development?


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PostPosted: March 12th, 2010, 11:23 am 
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Hi

Apologies but I have not been on for a while and missed this thread as there seems to be so many. I purchased in VA and did the usual of using G&L etc. After their letter wanting more money and having no success whatsoever in getting any information from them since day one I disengaged from them and have employed a different lawyer.

I would be interested in any 'class action' to get a reduction in the price too.

Does anyone have any up to date info on what is going on? Is anyone intending on going out at the beginning of July to complete the notary and getting their (completed) apartments ready? What are the chances of them fitting kitchens etc?

Sorry for so many questions but I became so disillusioned that I have stuck my head in the sand for the last few months and sometimes forget I have already invested a lot of time and energy (not to mention £60k) of my hard earned savings into this disaster. :(


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PostPosted: March 25th, 2010, 12:42 am 
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quote="erin67"]Hi

Apologies but I have not been on for a while and missed this thread as there seems to be so many. I purchased in VA and did the usual of using G&L etc. After their letter wanting more money and having no success whatsoever in getting any information from them since day one I disengaged from them and have employed a different lawyer.

I would be interested in any 'class action' to get a reduction in the price too.

Does anyone have any up to date info on what is going on? Is anyone intending on going out at the beginning of July to complete the notary and getting their (completed) apartments ready? What are the chances of them fitting kitchens etc?

Sorry for so many questions but I became so disillusioned that I have stuck my head in the sand for the last few months and sometimes forget I have already invested a lot of time and energy (not to mention £60k) of my hard earned savings into this disaster. :([/quote] erin67, have you joined the VA loop? I tried to send a PM, but it didn't work, giving an e-mail address to make contact so we can all keep up with matters. Perhaps you can send me a PM. You might be more successful. Angela


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PostPosted: March 27th, 2010, 11:49 am 
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Angela,

Tried to pm but failed. My email address is Derekmitchell67@googlemail.com.

Hope to hear from you soon.


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PostPosted: April 28th, 2011, 11:53 am 
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Hi All
Have not been on the forum for along time can anyone give any update on Angelo was it every completed.Also anyone who took a swap did it work out for them?
Lis


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PostPosted: April 28th, 2011, 6:09 pm 
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Hi I was out there in Feb at the Collinetta down the road from the Angelo, no its not been completed builder has declared bankruptcy so i believe. which is a shame, one half of the building has been finished from the outside the other side half built, it looked to be a nice complex when finished, its sad to see it the way it is. Maybe another builder will eventually take over, but it would depend on the debts that the current builder owes.

Diane


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PostPosted: April 29th, 2011, 11:50 am 
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Thanks for that Diane


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PostPosted: May 5th, 2011, 6:44 pm 
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Its not what you believe its what you know that matters!

If anyone does have any Valid information about the Builder then please let us all know


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PostPosted: May 5th, 2011, 9:24 pm 
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what i do know is that the builder of the angelo asked the collinetta builder to take it on and complete, the builder of the collinetta said he would think about it, he looked into taking on the angelo but there were far too many debts attached and it wasnt feasible for him to take over. so on that ground you can take it that unless the owner of the angelo finds another builder then till he pays of what he owes the angelo will not be finished,

I was also told that he had filed for bankruptcy like i said its a shame because it looked to be a nice site, seeing as i'm buying on the collinetta complex it would be nice for the angelo to be completed instead of being an eyesore,

Cheers Diane


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PostPosted: May 10th, 2011, 5:02 pm 
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Dear Members,

Please be aware that many informations which can reach you sometimes can be fake or not totally true and reliable. Since we already assiste many buyers at this site we are daily in contact both with the lawyer and the builder of "Villaggio Angelo" so that can tell you things are quite different from what is said.

Please feel free to contact us for further information and our partner Attorney Carlo Rombola will provide you the guidelines of the case.

Best Regards

Avvocato Paolo Zagami
Zagamilaw International Law Firm
info@zagamilaw.com
http://www.zagamilaw.com


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PostPosted: October 7th, 2011, 2:51 pm 
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If there any Villaggio Angelo buyers swoping to Res Amusa we have a Res Amusa google group you are welcome to join.

Please PM me for further information

Lorica


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