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PostPosted: May 3rd, 2011, 6:20 pm 
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Joined: January 6th, 2009, 7:37 pm
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Location: Milton Keynes
Sea Hills/The Sands or whatever they call it now
We were going to court to try to obtain a seizure to get our money back on the grounds of
1 No Bank loan Guarantee for over 18 months
2 Changes to the complex that are major changes not notified by the non building builder
3 18 months and increasing delay in completion ( no communication apart from threats when you disagree with them, from the "legal advisor or whatever he is )
The court found in the favour of this bandit proving to me of the way things are really done down there

Force majeure is the only defence they could use I thought here, so to use that they need to show they have done all they could to catch up no??? So not having a builder on site for 18 months is hardly living up to that requirement !!
Has anyone else been here ??? ( stupid question really, lots of us have been mugged )
what steps did you take next ? Any assistance here will be greeted with open arms :( :( :( :(

Graham


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PostPosted: May 4th, 2011, 10:42 am 
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Joined: January 20th, 2008, 1:32 pm
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What was the actual reasoning of the court?


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PostPosted: May 4th, 2011, 9:01 pm 
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Location: Milton Keynes
gsullymorgan wrote:
What was the actual reasoning of the court?


As yet my lawyer has not told me!


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PostPosted: May 4th, 2011, 10:58 pm 
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Joined: January 16th, 2009, 5:44 pm
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Dear Graham,

Without wanting to interfere with the work of your lawyer and not knowing the details of your case, as international lawyers working with both the Italian and the English legal systems, I would like to give you some insight into how the Italian law system works in cases similar to yours.

In general terms, the request for an interim order for seizure is an application made by a creditor who has good reason to believe that he/she will lose his/her right as a consequence of the debtor’s disposal of his/her assets during the time necessary to obtain a enforceable decision over the course of an ordinary civil claim. It generates therefore a separate judgment within the timeframe of the ordinary claim.

Broadly speaking, in order to obtain a seizure (‘sequestro’) two requirements are necessary (and must be proven to the Judge):

1) ‘Fumus boni iuris’: the claimant must provide the Court with evidence to show that his/her right is legitimate;

2) "Periculum in mora": the concrete risk that the claimant will lose his/her right during the course of the Court proceedings.

Please also note that the interim order is separate from the decision on the ordinary claim. In some cases the party whose application for seizure is preliminarily denied by the Court may well be the final winner at the end of the ordinary claim. This could happen, for instance, when the Court concludes that there is no risk that the debtor will dispose his/her assets before the end of the legal proceedings. Furthermore, the Court’s decision which denies an interim order is not binding and does not mean that your rights will not be recognised at the end of the ordinary Court proceedings.

I can understand your frustration, and it is true that the Italian legal system is quite slow. However, if you have a right it is highly likely that it will be recognised by a judge. In other words the system is slow but, with the odd exception, it works.

Yours sincerely,

Michele Menato
Italian Department
The International Law Centre - London


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PostPosted: May 7th, 2011, 4:16 pm 
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Joined: January 6th, 2009, 7:37 pm
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Location: Milton Keynes
Thank you for that reply it has helped to help me ponder my next steps
I am very grateful

Graham


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PostPosted: May 8th, 2011, 8:34 am 
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Location: Milton Keynes
what puzzles me the most is " no loan guarantee" means contract is null and void,,, that is until you challenge it in court


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PostPosted: May 8th, 2011, 11:18 am 
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My reading of the very useful post by Michele Monata is that the seizure would only be granted by the court if they thought that there had been a contactual breach AND there was a real risk of the builder / developer disposing of assets or losing them before the full hearing.

Seizure is not a penalty for breach of contract.


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PostPosted: May 8th, 2011, 4:58 pm 
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Location: Milton Keynes
My worry with that is the fact that if one of these "dodgy" Builders decides to do this............ it is too late.. the horse has bolted carrying with it everyone's money to whichever bolt hole he chose to hide it.
It is too late


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PostPosted: May 22nd, 2011, 3:47 pm 
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Joined: May 22nd, 2011, 1:54 pm
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Contact the Law Firm of DeTullio up in Martina Franca in neighbouring Puglia if you want truely independent and trustworthy legal aid. DeTullio has offices in Rome, and London and the firm is also listed on the websites of both the American and British Embassies.

Their website address is:
http://www.detulliolawfirm.com/

London office:
St. Martin's House
16 St. Martin's Le Grand
EC1A 4EN
London
United Kingdom

E-mail - info@detulliolawfirm.com
Telephone - +44 020 7397 8320
Call free from the UK - 0800 012 6545


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PostPosted: June 24th, 2011, 4:49 am 
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Joined: May 12th, 2011, 9:04 am
Posts: 1
I think that this information might be useful to you for recovering funds:

Developer:
Jesus Sanchez Gonzalez
Company Name:
Trasubmed S.L
Website:
http://www.trasubmed.es/wp/
Address:
Plaza Escuelas Pias 6 Planta 2a
Gandia 46701
Valencia
Spain
Tel:
(0034) 629 653270

National Identity Number:
18 28 43 0E
Home Address:
Carrer Xativa 31
Gandia 46702
Valencia
Spain

i hope this helps....


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PostPosted: June 24th, 2011, 6:38 am 
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Joined: January 25th, 2008, 8:35 pm
Posts: 1482
Location: Herefordshire/Badolato
Thank you for the info. Hope it helps some people


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PostPosted: June 24th, 2011, 11:50 am 
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Joined: November 18th, 2009, 1:01 pm
Posts: 39
Can’t understand why seizure orders are granted for certain development and not for others.
If the court has given order for seizure for the beach front properties in JEWEL OF THE SEA, does that mean that the Italian courts believe there is a stronger case against the BUILDERS of beachfront in JEWEL OF THE SEA than BUILDERS of other developments?.
If that’s the case, I suspect, the courts will look even more favorably when bringing action against the main Jewel of the Sea site as the buyers here have suffered even more than the beachfront buyers with hardly any work done here, since the granting of planning and also the buyers being pressured into signing new addendum, which changes their original contract. There are also introduction of new sales restraint and also changes in plan regarding roads being introduced which no one bought into in the first place as this has devalued the property on the main JEWEL OF THE SEA site.
I have been assured that you can rely on Italian courts to deliver justice in Italy, but it just takes a bit longer to get it.


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