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PostPosted: August 26th, 2010, 9:37 pm 
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Joined: February 16th, 2010, 7:42 pm
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Hi, can anyone tell us if they have completed at PBC ? If so do you mind saying what compensation payment they offered or paid ? Our solicitor which is Labatts, has only been told to offer us 1500 euros, and the statement they emailed us with the monies owing to them & the builder does not mention the compensation payment, & nothing has been deducted from the final payment. We are very reluctant to sign, pay any more money or give the power of attorney until it is all resolved. Has anyone got any good news from PBC !!

Alan & Philomena. Apt. 57f.


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PostPosted: August 27th, 2010, 11:35 am 
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Hi, i have also had the final completion invoice and have asked for confirmation of the compensation, also when the whole site will be completed and ready to use.
Also there seems to be very high connection charges which off course i was not told about when purchasing there.

I am also very reluctant to complete untill all my questions have been answered

Steve Villa 19


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PostPosted: August 27th, 2010, 11:54 pm 
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Location: N Ireland
I've just received an email from Maritur saying that notary appointments have been arranged for 30th August. It says that "the balance of the purchase price, the cost of the incidental charges incurred by Maritur already communicated (2340 euro) and the condominium fees" need to be paid. Does anyone know what the 2340 is? Notary fees or something else? Have we been told what the condomium fees are?


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PostPosted: August 28th, 2010, 8:39 am 
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Hi Evie, we got the same email (at 10pm last night!). I've forwarded it to our lawyer asking those very questions - as soon as I get a reply I'll let you know, but my guess is that they are going to say it is utility costs. If I'm right, then it is very expensive and definitely needs to be queried!!


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PostPosted: August 28th, 2010, 9:02 am 
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I forwarded the email to my solicitor last night and he's replied already! He's still waiting for the completion statement outlining all the completion charges and the compensation so I/he can't do anything until that is received. The builder is probably in a rush to complete by 30th August to avoid further compensation but that is not reasonable if they haven't specified the breakdown of the completion charges.


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PostPosted: August 28th, 2010, 9:07 am 
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Morning, we received our email from the builder at 10pm also, I have sent an email to our solicitor in Italy, ( who is Labbate, & not Labatts as I mistakenly wrote before ) must be the drink, :lol: asking why there is no mention of the compensation payment, & I am sending one to the builder, apparently we have until the 15Th September to complete, if I have read the builders email correctly, all a mad rush now, considering how long we have had to wait for completion. does anyone mind telling me how much their notary charged them in the UK ? The one we used in York charged us just under £200.00 because we were told it had to have an "apostille" if that is the correct way to put it ! I am hoping to go to Italy before the signing date & try to get everything sorted before I sign anything regarding monies we owe !

Alan & Philomena. Apt. 57F


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PostPosted: August 28th, 2010, 10:13 am 
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mine was £99 including the notary's fee, apostille's fee, admin charge for notary to send to apostille. That was for 1 document but it costs extra if you have more than 1 document.


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PostPosted: August 28th, 2010, 10:27 am 
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Hi Evie and auto11toj, sorry to sound a bit thick, but how have you had dealings with a notary in the UK already? Was this to arrange your POA? We've not even had any kind of completion statement, only the email last night from Maritur. We also don't know when the items on our snagging report will be rectified - I was always led to believe that the snagging items had to be addressed before completion, or there was a clause in the contract giving exact details of the timescale for them to be rectified. You're right auto11toj, it all seems a bit of a rush!!


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PostPosted: August 28th, 2010, 10:47 am 
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yes notary in UK was to arrange POA. I'm not sure what prelim contract says about the snagging but faults would definitely need to be acknowledged by builder before completion.


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PostPosted: August 28th, 2010, 12:25 pm 
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auto11toj wrote:
Morning, we received our email from the builder at 10pm also, I have sent an email to our solicitor in Italy, ( who is Labbate, & not Labatts as I mistakenly wrote before ) must be the drink, :lol: asking why there is no mention of the compensation payment, & I am sending one to the builder, apparently we have until the 15Th September to complete, if I have read the builders email correctly, all a mad rush now, considering how long we have had to wait for completion.


Ex-Giambrone. Be on your guard, check your preliminary contract and read the experiences of other buyers who have completed.


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PostPosted: August 28th, 2010, 7:10 pm 
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Location: Canada
eviegardner wrote:
I've just received an email from Maritur saying that notary appointments have been arranged for 30th August. It says that "the balance of the purchase price, the cost of the incidental charges incurred by Maritur already communicated (2340 euro) and the condominium fees" need to be paid. Does anyone know what the 2340 is? Notary fees or something else? Have we been told what the condomium fees are?


We received our final installment info from our Lawyer last week. The 2340 is additional costs as per contract, for what we do not know. We suspect to recoupe the 2000 euro penalty which was awarded to us. Condo fees are 369 from July 2010 - December 2010. Notary fees plus taxes other than Vat 2700 this is where we are at this time. Flying over Sept 12 140g looking to meet the locals at Pizzo Beach Club Resort when we arrive from Canada.


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PostPosted: September 3rd, 2010, 4:30 pm 
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I spoke with our solicitors, L'Abbate, today. None of their clients has actually completed yet at PBC. They will meet the builders next week to find out when the site will be finally ready


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PostPosted: September 3rd, 2010, 7:25 pm 
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Serge wrote:
I spoke with our solicitors, L'Abbate, today. None of their clients has actually completed yet at PBC. They will meet the builders next week to find out when the site will be finally ready


Our Lawyer was not able to meet with the builder last week as planned. He assures us the deed will be sighned by next Wensday, also the 2340 charge is for the utilities not to recoupe the 2000 penalty. We are not sure when the hook ups will be completed hopefully next week once our Lawyer has sighned.


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PostPosted: September 3rd, 2010, 8:40 pm 
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Hello Beyon, did your lawyer query the 2340 for the utilities? I can't remember how many units are at PCB, but if you take it there are 250 then that makes the total cost to connect the site over half a million euros!!! I know Italy is different to the UK, but my job here is to arrange utilities for new developments (admittedly I've done more commercial sites than residential) but the total cost for water, electricity and gas combined has never even been a fraction of that. If these costs are purely to recoup what has been outlayed (as we were led to believe), surely there should be some way for us to find out what the builder has actually had to pay out.

p.s I've not queried this with our lawyer, because we haven't even received a completion statement yet!!!!


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PostPosted: September 3rd, 2010, 11:13 pm 
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dgrcgl29 wrote:
Hello Beyon, did your lawyer query the 2340 for the utilities? I can't remember how many units are at PCB, but if you take it there are 250 then that makes the total cost to connect the site over half a million euros!!! I know Italy is different to the UK, but my job here is to arrange utilities for new developments (admittedly I've done more commercial sites than residential) but the total cost for water, electricity and gas combined has never even been a fraction of that. If these costs are purely to recoup what has been outlayed (as we were led to believe), surely there should be some way for us to find out what the builder has actually had to pay out.

p.s I've not queried this with our lawyer, because we haven't even received a completion statement yet!!!!


We had been advised the cost of hooking up was and is expensive. I cannot be sure, I know here in Canada I had a gas line brought into our cottage which is a 1/2 KM from the road to the building did not exceed this price. But we are now in Italy and have to roll with it. I have asked our Lawyer to detail the exact cost of the procedure. I will keep you posted. David


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PostPosted: September 8th, 2010, 7:04 am 
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Friends and Neighbors,

I am an occasional viewer of info here and have posted a few times. Had the great pleasure to spend the summer in Calabria, as did another friend/buyer and we have first hand experience of the daily progress and the outstanding issues.

There are HUGE questions which came up during our various meeting with Maritur and L'abbate (and an occasional rep from VFI who were always clueless and of no use whatsoever).

First and most disturbing is Maritur's position that the amenities on the north side of the complex (tennis court, field, store, restaurant, pool) are not in fact part of the territory of PBC but rather another company. This begs the question....what exactly are we buying into and why are the only money generating assets of the complex being owned, run and managed by someone else without us knowing about it This is not hearsay, I was there as was Francesco from L'abbate who also was hearing this for the first time and promised to investigate (this was in late June and still no official word). don't know if this surprises others but it was never laid out that way in our contract.

There were (as of august 30th) a number of smaller, but important issues, such as electrical connection, landscaping, completion of path to beach, cleaning of the territory including beach area, painting of terrace railing, installation of railing per contract, completion of parking spaces, .....

To their credit we witnessed work done on the irrigation of the territory, paving, partial beach road construction, entrance gate and beach gate building, and a good deal of landscaping. My colleague and I were on site at least 10 times over the summer, progress was slow and never did we see more that 6 people on site doing anything. They were not working hard or consistently, indicating to me that there was something 'bigger' than construction getting in the way of completion....likely either the registration of the complex and/or the electrical delay.

We are a group of 7 buyers, purchasing for our own use and are taking a very hard line with L'abbate and Maritur and holding them to the absolute letter of the contract....meaning notification (we don't consider that what we received formal notification as put forth in the contract...moreover, the email address used for sending this notification is not a company's, but an address registered for sending spam . Plus its heavy references to VFI indicate something other than a Maritur attorney os behind it. We are calling to the carpet L'abbate as they must inform us that they accept this notification and should they accept it, advise us to complete and then we later find out the contract was not fulfilled - they will carry legal responsibility before us. This I confirmed in a meeting In Lamezia with the notary and L;Abbate.

I too am afraid we will be raped with connection charges to somehow compensate for their late fees, which also have never been formalized but I suggest we insist on an accounting of this, receipts etc.

As it turns out, I believe the majority of buyers are very passive. We were among the only that regularly called meetings, meet consistently with Maritur and Francesco L'abbate and ignored VFI. Francesco had NEVER been to the PBC site until we insisted on a meeting there (this was in June...what, about a year and a half after he was named the 'official' attorney for the complex? He does have, by his own admission about 200+clients in the complex, meaning if we all act similarly he will need to respond appropriately and with formal answers to our questions.
Someday, this will all be behind us.....Calabria is great and we will all enjoy our time there. It is time now not to take on face value anything and to insist on answers and share, share , share any info you have so that we all benefit . Good luck to us all!


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PostPosted: September 8th, 2010, 2:21 pm 
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Kevin,

Thanks for your input. We too are L'Abbate clients and will put pressure on them and the builders / VFI.

Serge


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PostPosted: September 9th, 2010, 3:37 am 
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Location: Canada
It is getting a little confusing trying to figure out who has the purchasers best interest in their hand. The builder? Property Managment Group? or the Attorney? The last 2 months just like everyone else has made me grind my teeth a couple of times. The one way to soften the blows and uncertainty in all this mass confusion is by commity as well as one Lawyers group represent the purchasers of Pizzo Beach Club Resort. PBC will have full time residence, vacationers, renters and sellers which is alot of investment and concerns that will require specific attention. Too this point of the transactions of PBC I'm not sure that there is 5% belonging to PBC feel they have had the specific attention? As per Kevins post we should and stay united there will be better days to follow.


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PostPosted: September 11th, 2010, 2:24 pm 
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We received a very threatening email from Labbate solicitors regarding the final payment yesterday ! And as I only returned from visiting PBC on Thursday & had meetings with a Labbate solicitor & a VFI representative, I thought I would post the things I saw & was told.The air con units only started to be installed a week ago & some are not being fitted where the pre fit intended them to be,none of the snagging has been rectified yet, the powder coating of the railings & ironwork will not be done, to save money I was told from a VFI rep.the grounds will not be grassed,no bidets have been fitted in any property,no toilet seats will be fitted, no shower cubicle, no pre plumbing for a dishwasher. The path to the beach is only half done & the beach is littered with rubbish & junk. I was told Maritur does not want to be bothered with "frivolous" things only completions! His words according to the VFI rep, & that clients should refer to ART 9 in our contracts,that basically says he can charge us whatever he wants & say it is for anything he wishes, so the compensation payment was never going to concern him, as this clause would cover any amount. The solicitor I met with eventually, was not Francesco I may add, & that is who I asked to meet with, just kept pushing me for a completion date, they seem more on the side of Maritur & VFI than their clients, namely us, How did this ART 9 clause ever get past a decent solicitor,the cost of utilities being fed to the site should be sorted before and included in the original selling price & we just pay a connection fee to the property. They are demanding money & we have not received a correct invoice from Labbate yet or being told of the official compensation payment. I have still not heard of anyone completing yet, I was asked if I wanted to complete now or later & the builder had assured Labbate that the "frivolous" work would be done after completions ! but he would say that wouldn't he. There is also no children's play area or pool & his excuse for having no pond in the so called botanical garden is that it would attract mosquitoes ! I was also told that the restaurant area is privately owned, this area was part of club med originally, which Maritur has, or had something to do with, which is probably where the lies about guaranteed rentals from club med came from, and if you have not seen the DVD advertising Pizzo Beach Club 11 then you should try to, as it will either make you laugh, cry or feel sick ! These people are not doing Calabria any favours as regards promoting the area or people investing in it. I have some photos that I will try to upload later. I understand Maritur is expecting quite a few people not to complete, generally through no fault of their own, & so is pushing to find out how many people cannot complete ! The solicitor told me the notary can only do two completions per day, so why should we all be suddenly told Maritur wants our money by the 15th Sept.if he wants to take his contract to the letter of the law then he should honour the specifications in it , some 5 star resort this has turned out to be ! Even public toilets have a seat ! And I was told the condo fees from June - December 2010 were to cover the cost of sun loungers & parasols they have put out ! seems strange things to purchase when they will not have chance to be used this season, or are they just to make it look the part ! As I was told the restaurant will not be up & running this year & will only be seasonal ! Sorry to go so long but we are pretty wound up at the moment.

Alan & Philomena. Apt 57F


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PostPosted: September 11th, 2010, 3:43 pm 
would someone please print article 9 from the contract so we can all try and understand the content of exactly what they refer too.Sounds like you do not have a "independent" lawyer looking after your best interests, if you choose to use "inhouse" lawyers unfortunatley this kind of thing is pretty much bound to happen and in my view totally unethical and unaceptable on their part in the extreme.


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PostPosted: September 11th, 2010, 9:32 pm 
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Alan & Philomena,

Thanks for your information. I don't think think anyone should complete now when the resort is clearly not finished! The gardens must be grassed as it says in our preliminary agreement. The pre-installation for the washing machine must be in place as well, also a bidet must be installed. These things are in the contract. Further, as I understand, according to P. 5.2 the responsibility for the property (incl. common parts, gardens etc) passes to the buyer after the deeds are signed. In other words we may have to pay ourselves for everything that is not finished at the time of completion!
Alan, could you please send me the photos to irpininvestor@yahoo.com
I think it would be a good idea now to set up a meeting for all buyers, maybe in London? What do you think, friends and neighbours?
Another thing, we were advised to pay the completion balance only by a bankers draft at the time of the notary appointment. I was told that it is very unusual for Italy to pay into the lawyer firm "client account". Another possibility is to transfer the money directly to Maritur, but the safest way is to arrange a bankers draft.
Anyone has a view on this subject?


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PostPosted: September 12th, 2010, 1:04 am 
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This is Art 9.1:
"The legal expenses and the costs and charges relating to the Notarial Deed of Sale and purchase and mortgage (if requested), as well as the costs relating to the start-up, connection, charges of various services, to the relative connection contracts of the property units in question, which will all be paid on the date of the stipulation of the Notarial Deed of sale and purchase, are not included in the agreed price and remain the responsibility of the BUYER."

One might consider this to be clear, albeit of dubious grammar and not exactly quantified.


However, of note - and as contract articles are being referenced, article 5.6, which reads with superior clarity, and is as succinct as one might hope for:

"The stipulation of the final Notarial deed of purchase will have to take place in front of a notary chosen by the VENDOR by 31st March 2010"

Some buyers may also have this addendum to their contract:

"The Builder and the Vendor declare that the principal facilities and structures, besides the internal roads, considered among the common areas as indicated in the art. 5.5 of the preliminary contract, will be complete and operational before the final 55% payment (before the final deed). So the Buyer will be bounded to sign the final deed only after that moment."

There seems a lack of detail in the referenced art. 5.5, indeed the "common areas as indicated" would be open to wide interpretation:

Art. 5.5: "A compensation shall be paid also in the case that within the date established for the signature of the Notarial final deed should not be finished, the common parts and or the garden."


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PostPosted: September 12th, 2010, 10:40 am 
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I have just been browsing and came across this twitter entry that may be of interest (or not) to members

karlspeller79
.Pizzo Beach Club Ready to Complete...
9:06 AM Jul 13th via web .New Alternative Dispute Resolution (ADR ) Meditation Department opens at Giambrone Law ILP head office in Palermo, Sicily

I did not access it and I leave it to others to judge the new department on offer

barnpot


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PostPosted: September 12th, 2010, 11:52 am 
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Is it really a "Meditation" Department? I'll need to think about that ...


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PostPosted: September 12th, 2010, 1:45 pm 
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Well spotted, I did not see my mind must have been somewhere else.

For once it was not me with the spelling mistake simply copied and pasted it from the twitter entry. Then again we all have our own thoughts about the attention to detail of that legal company

Barnpot


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PostPosted: September 13th, 2010, 10:22 pm 
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Alan/Philomena may have been told "Maritur does not want to be bothered with "frivolous" things only completions" but if these things are mentioned in the contract to be provided before completion then they certainly are not 'frivilous'! And we shouldn't complete until they are sorted. It's also important to get a breakdown of the completion charges. Although this stage may be frustrating I believe Pizzo Beach Club will be a lovely complex which we'll love once completed.


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PostPosted: September 14th, 2010, 9:39 am 
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I wrote a formal letter to
Avv. Francesco Izzo
Maritur s.r.l
Viale Cassiodoro, n. 189
88100 CATANZARO
Italy

asking when the complex will be finally ready pointing out the issues raised by Alan and Philomena. We sent this letter by a registered mail.
We send a similar letter to L'Abbate, again by a registered mail.

Serge.


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PostPosted: September 14th, 2010, 10:07 am 
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Dear Members,

article 5.5 of the preliminary contract states:
"A compensation shall be paid also in the case that within the date established for the signature of the Notarial final deed should not be finished, the common parts and or the garden".
In our view it is a natural consequence that, before completion, the vendor should provide evidence that common parts and gardens are completed.
Until that moment buyers should be entitled to a compensation, as clearly stated in the preliminary contract.
Furthermore buyers are entitled to receive a completion statement with full breakdown of costs.
Formal notification concerning completion should be delivered by means of registered letter.

De Tullio Law Firm


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PostPosted: September 14th, 2010, 12:12 pm 
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This is in today from VFI:

We had a meeting last week with Maritur which proved satisfactory in some areas and not so good in others. The CEO’s will be speaking with Maritur this week.

ENEL are on site every day at the moment to continue fitting the electricity meters. You will only have electricity to your apartment once you have the meter serial number and communicate this to ENEL who will then send the contracts to you to sign and pay. It can take 5 days after this to have the individual supply to your apartment turned on. ( to change the contract form the builders name to yours )

Water and sewage was connected on 23rd August and there is water to all apartments.

The path to the beach is completed as far as Maritur are allowed to take it.

There is no real debris on the site but there is debris on the land to the side of the development to be cleared. This si owned by the Municipality.

Security gates have been operational for 2 weeks now. ( both sides of the development. )

The building at the main entrance is being renovated to house the reception and security services. Security is on site over night now.

The commercial unit has all of the gym equipment delivered and this is being installed today, the shop has fittings now in place and the restaurant is almost ready now to install tables and chairs as I witnessed today.

The builder is not laying any lawn to the main common areas.

The individual gardens where being raked over today and tidied up.

The botanic garden is planted according to the builder

What children’s area? The aqua park is finished, courts are finished.

You are right in the fact that the commercial centre is being built by another company but is still part of PBC. This happened as individual owners would not want the responsibility of equipping and staffing the restaurant , employing chefs or constantly stocking the shop. This private company will put in place the service contracts for this and once all owners are part of the condominium you can decide which services you want to keep, which you do not need, and which additional services you wish to have.

Shower doors are being done now.

Best wishes, Carol Herriot, Aftersales Manager


Use your best judgement but the site is clearly NOT FINISHED.


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PostPosted: September 14th, 2010, 5:05 pm 
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Location: Via Pietro Vianeo 15, Tropea, 89861 VV
I will be going down there tomorrow for a meeting, so I will check out as much of the above items as I can.

Cheers,
Paul


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PostPosted: September 15th, 2010, 10:09 pm 
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They make out as if the shower doors are being fitted as part of our package, but they are only being fitted if you have paid extra to have them done, & as they have not fitted bidets as stated in the spec, then why can they not fit a shower cubicle instead ! Which I personally would prefer. I received an email from VFI saying I had misinformed people on the forum ! But I only repeated information I was told & what I saw, my plan of the complex shows a paddling pool where the children's play area is supposed to be, and as for the path to the beach it is all marked out with red spray paint where it looks like it should be going, but just suddenly stops. Also make sure you check your apt for signs of damp, because as I walked round the site last week I thought it was odd that some ground floor apts had windows & doors left open, these were the ones nearest to the villas, I had a look in & saw why they were probably open, to try and air them as there was signs of damp in the corners of the kitchen area. I told VFI after receiving their email, we have been told to many lies by too many people to start putting lies on the forum, seems the forum is the only place you can go for some help.

Alan & Philomena APT 57f.


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PostPosted: September 16th, 2010, 11:38 am 
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Location: Via Pietro Vianeo 15, Tropea, 89861 VV
Hi folks,

Spent some brief time down at Pizzo Beach yesterday afternoon.
It's looking really well, pool is spotless and the loungers and umbrellas are great.
The gymnasium is fully kitted out and I tired out some of the equipment.
Thy were installing some of the industrial kitchen appliances such as cookers, pizzo ovens and refrigeration.

I should be down there again either Friday of this week or Monday of next week.

All the best,
Paul

P.S. More photos uploaded to our website http://www.calabriamanagementservices.com
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PostPosted: September 17th, 2010, 10:11 am 
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Joined: May 11th, 2010, 9:20 am
Posts: 19
Thanks for the pictures Paul, it was very uplifting to see something positive abot PBC at the moment.

Can I ask has anyone else received the breakdown of costs that include the sunchair and umbrella for 180euro?? I have seen the pictures thanks to Paul and they are not made of solid gold, is it really possible that there has been 54k spent on sunchairs and umbrellas? I have emailed L'abbate about it 3 times to query it as it seems excessive and have not received anything satisfactory in response.

As for the compensation, we are being offered 1500 and no more. I cannot understand this, they are saying it's to cover until July although it's clearly September and we still haven't closed.


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PostPosted: September 18th, 2010, 9:23 pm 
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Posts: 4
Hi there

good questions!
I've just read the prelim contract again and it seems to me that they are trying to recoup over-run costs by charging exorbitant fees for connection etc. We have just received a final invoice from labatte quoting over 2k Euros for connection despite several emails and other correspondence which states that the cost of connection will be "around 500 - 800 Euros". The invoice also states 180 Euros for sunbed and umbrella.
In short - we are having the piss taken big time..........we need to stand firm and not pay any more money until we are satisfied. Yes I understand that we are all in for tens of thousands but imagine the problem from the builders side in the current financial climate in Europe. If we all refuse to pay then they have a complex which is almost complete which has cost them plenty of money and how likely are they to sell the apartments if we walk away? Almost impossible I'd say.....don't be tempted to give in.......they are taking us for mugs.....

Colin & Mandy


kevinandsvetlana wrote:
Friends and Neighbors,

I am an occasional viewer of info here and have posted a few times. Had the great pleasure to spend the summer in Calabria, as did another friend/buyer and we have first hand experience of the daily progress and the outstanding issues.

There are HUGE questions which came up during our various meeting with Maritur and L'abbate (and an occasional rep from VFI who were always clueless and of no use whatsoever).

First and most disturbing is Maritur's position that the amenities on the north side of the complex (tennis court, field, store, restaurant, pool) are not in fact part of the territory of PBC but rather another company. This begs the question....what exactly are we buying into and why are the only money generating assets of the complex being owned, run and managed by someone else without us knowing about it This is not hearsay, I was there as was Francesco from L'abbate who also was hearing this for the first time and promised to investigate (this was in late June and still no official word). don't know if this surprises others but it was never laid out that way in our contract.

There were (as of august 30th) a number of smaller, but important issues, such as electrical connection, landscaping, completion of path to beach, cleaning of the territory including beach area, painting of terrace railing, installation of railing per contract, completion of parking spaces, .....

To their credit we witnessed work done on the irrigation of the territory, paving, partial beach road construction, entrance gate and beach gate building, and a good deal of landscaping. My colleague and I were on site at least 10 times over the summer, progress was slow and never did we see more that 6 people on site doing anything. They were not working hard or consistently, indicating to me that there was something 'bigger' than construction getting in the way of completion....likely either the registration of the complex and/or the electrical delay.

We are a group of 7 buyers, purchasing for our own use and are taking a very hard line with L'abbate and Maritur and holding them to the absolute letter of the contract....meaning notification (we don't consider that what we received formal notification as put forth in the contract...moreover, the email address used for sending this notification is not a company's, but an address registered for sending spam . Plus its heavy references to VFI indicate something other than a Maritur attorney os behind it. We are calling to the carpet L'abbate as they must inform us that they accept this notification and should they accept it, advise us to complete and then we later find out the contract was not fulfilled - they will carry legal responsibility before us. This I confirmed in a meeting In Lamezia with the notary and L;Abbate.

I too am afraid we will be raped with connection charges to somehow compensate for their late fees, which also have never been formalized but I suggest we insist on an accounting of this, receipts etc.

As it turns out, I believe the majority of buyers are very passive. We were among the only that regularly called meetings, meet consistently with Maritur and Francesco L'abbate and ignored VFI. Francesco had NEVER been to the PBC site until we insisted on a meeting there (this was in June...what, about a year and a half after he was named the 'official' attorney for the complex? He does have, by his own admission about 200+clients in the complex, meaning if we all act similarly he will need to respond appropriately and with formal answers to our questions.
Someday, this will all be behind us.....Calabria is great and we will all enjoy our time there. It is time now not to take on face value anything and to insist on answers and share, share , share any info you have so that we all benefit . Good luck to us all!


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PostPosted: September 18th, 2010, 9:48 pm 
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Joined: September 18th, 2010, 9:04 pm
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All

we all have the same issues:

1. None of us believe that the complex is complete.....and the builders don't want to spend any more money to complete works.

2. Connection charges are being inflated to recoup over-run costs.

3. Pressure is being applied to "encourage" buyers to complete.

4. L'abatte are clearly not representing our best interests ......which begs the question of who are they actually working for?

5. It has all the hallmarks of a protracted legal battle with the Italians having the obvious advantage of language and common culture.

Don't give in......PBC could be a tremendous development if we push for what we want and get it!

regards

Colin & Mandy


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PostPosted: September 19th, 2010, 8:24 pm 
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Joined: September 29th, 2009, 9:20 pm
Posts: 61
Location: Staffordshire
Hi all,

We have just sent this email to Maria @L'abatte and Carol at VFI.
Pleas feel free to use it as a template.
I will notify you of our reply.

Regards

Mandi and Colin


Dear Sirs and Madam.

After receiving numerous emails, informing us that we must complete by 15th October 2010.
I feel I must put a formal request forward for answers to the following questions.

We received the following email from Maria on 16/9/2010 –

Hello Mr. Hardwick, Apologies for not replying your email from 30th Aug. We are busy with PBC completions and doing our best to follow all our clients and issues arising. The answer to your question regarding penalty is that is has been established by the builder that 3 months will be paid as the habitability cert. was issued in June and clients were invited to complete from the 27th July. The works according to contract have been ultimated and outside area works are still continuing. All snagging list items will be rectified and we cannot settle for you until all payments have been made. Therefore, we are inviting our clients to pay the balance due to the builder plus vat and hold back all other payments until Notary arrangements have been made. This condition is strictly to allow deduction of 1,500 euro penalty for payments made within 15th - 30 th Sept. decided by the builder and not us and to avoid any excuses for breach of contract. The information I requested for the drafting of the POA is necessary so that we can send it to you seeing that it takes a couple of weeks before we get it back. We have no intention of using your POA to settle, therefore it can only be used when we have all funds to go to the Notary. Anyway do as you want, I'm not here to force anyone. If you read Art. 9 of the preliminary contract you will see that the connections are charged to the buyer. These include electricity supply from main cabin to unit, water supply from municipal council pipe to unit, sewerage to council outlet, cadastral registration and I can't remember what else at the moment.


After looking at out preliminary contract,

Article 5.5 states as follows – A compensation shall be paid also in the case, that within the date established, for the signature of, the Notarial final deed should not be finished, the common parts and or the garden.

Article 5.6 states – The stipulation of the final Notarial deed of purchase will have to take place in front of a notary chosen by the vendor by 31st March 2010.

Article 4.5 states – The handing over will include, the handing over and the acceptance of all the common parts and systems.

Article 5.10 states – The parties agree that the building unit object of this contract will be used as civil habitation, with consequent possibility for the buyer to obtain the cancelation of the contract, if the habitability certificate will not be issued by 28th Feb 2010.

Also we have never been invited to complete on the 27th July 2010.

It has also been brought to our attention that the pathway to the beach via the wooded area is not complete and will not be completed by the builder.
I was told in June in a telephone conversation with Carol at VFI aftersales, that at this time there was no electricity supply to our apartment.

We have also been notified in a final invoice sent by Maria on 17/9/2010, that we are also being billed E180 for a beach umbrella and chair. Not only were we not informed of this at any time, nor is it in our contract, I find the price very high.
We have also been asked for E2160 for utility connection charges. As we have had previous notification that the charges would be between E500 and E800.

Before we can sign the power of attorney we need answers to the following questions -in writing and signed by the builder and yourselves as our attorney.

1 – An explanation and itemized bill from ENEL for the charge of E2160.

2 – Why compensation has been limited to E1,500 when our preliminary contract clearly states that extra compensation should be paid when the common areas are not complete
.
3 – Why we are being asked to pay E180 for a beach chair and umbrella?

4 – Is the pathway to the beach completed to the beach. If not why not and where does that leave us?

5 – Is the restaurant completed?

6 – Are all common area’s grassed?

7- Are all railings and the gated access painted?

8 – Are all parking areas completed?

9 – Is our apartment free of damp?

10 – Are all sewerage and water connections completed, as of 23/8/2010 we were informed these were only just being completed ?

11 – Do we have an electricity serial number from ENEL, to enable us to connect our supply?

12 – Is the reception building complete?

13- When will the site be completed?

14- When will we receive a completion statement, with a full breakdown of costs?

Kind Regards

Mandy and Colin Hardwick[/color]


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PostPosted: September 20th, 2010, 10:05 am 
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Quote:
4. L'abatte are clearly not representing our best interests ......which begs the question of who are they actually working for?


I think this is a very valid question - my reason? We are not with L'abatte, our lawyer is independant and we have had no correspondence at all (other than the email from Maritur that everyone received last week). Our lawyer has not received a completion statement, any requests to settle, and his attempts to contact someone to find out what is going on have been unanswered. So why are L'abatte clients being rushed into completing, when there is no rush for us?


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PostPosted: September 20th, 2010, 10:39 am 
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Joined: September 29th, 2009, 9:20 pm
Posts: 61
Location: Staffordshire
I have spoken to Carol at VFI today, not yet been able to contact Maria at Labbate.
I have no idea why just Labbate clients are being rushed, I am thinking maybe a "conflict of interest" as they are conected to VFI.

Carol has said the the builder is charging us for the connection from the road for our utilities, there are 308 apartmants/villas on PBC and i estimate the builder is going to recieve over 61/2 k. I have told her and i will be telling Labbate that we are REFUSING to pay this!
The walkway from to the beach is not being completed as it goes over a conservation area and it is up to us to get the permision and pay the cost.
I pointed out that the complex next door has a pathway to the beach, so why is it only a problem with PBC, also we were told that we would have the walkway. Once again we have refused to complete until the walkway is completed. The legal tangle this could cause could go on for years..i.e can we legaly use this access at all ????
Carol has been trying to get a meeting with the builder, but is getting no where.
I will post again when I have spoken to Labatte.

Regards
Mandy and Colin


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PostPosted: September 20th, 2010, 6:13 pm 
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Joined: December 2nd, 2009, 3:16 pm
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Location: N Ireland
dgrcgl29, I'm in the same position as you. No pressure being put on me to complete (apart from the 1 email from Maritur). My solicitor has asked for the completion statement outlining a breakdown of the charges several times but has never received it. I'm glad I'm not with L'Abatte as I'm confident that my solicitor, de Tullio, has my best interests in mind.


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PostPosted: September 20th, 2010, 7:35 pm 
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Joined: September 18th, 2010, 9:04 pm
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I think that a transfer to an independent Lawyer is the best approach. Anyone know how easy this to do? Pretty easy in the UK but what about Italy?


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PostPosted: September 20th, 2010, 11:12 pm 
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Colin, I found it easy to do by sending a disinstruction letter to my previous solicitor. I suspect to change at this stage would incur completion costs from both solicitors. You could email Giandomenico De Tullio at info@detulliolawfirm.com and ask him? I've found him to be very good.


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PostPosted: September 21st, 2010, 4:23 pm 
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Hi all . just regarding the payment of €180 for umbrella and sun lounger. Are you guaranteed that when you stroll down to the pool after breakfast, that you will have no problem getting a lounger and umbrella?? Will it be the case that you will have to get up at the crack of dawn to secure the use of one of them by putting down a towel... I would be very upset at having to sit down on tiled floor and looking at every one else enjoying themselves!!

Will Club Med members have the use of PBC pool and facilities seeing that it is on Club Med land?? Check out Google earth, put in Club Med Napitia and turn the map 90 degrees. You will see that before Pizzo Beach was constructed, the tennis courts and pool were already in place. Its as if Club Med built them but never used them. What do you think?


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PostPosted: September 21st, 2010, 7:54 pm 
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Joined: April 7th, 2008, 10:06 am
Posts: 370
Colin
If you still need an independant lawyer you should contact
Roberto Viscomi
robertoviscomi@hotmail.com
I am not buying off plan so have no need to gain from sending you this. I have found him be honest and trustworthy and he speaks English.
Just say that mags gave you his email adress and I'm sure he will look into matters for you. However, if he does not think he can help you he will tell you.
Good luck whatever you do.
mags


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PostPosted: September 21st, 2010, 8:30 pm 
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Joined: February 23rd, 2009, 11:50 pm
Posts: 209
Location: Via Pietro Vianeo 15, Tropea, 89861 VV
Hi Somebane,

I think the builder of Pizzo Beach originally built Club Med many years ago.
From what I understand is that they bought the land which has the tennis court, pool and football pitch back off Club Med, when they were constructing Pizzo Beach Club.

I doubt Club Med guests will be allowed access to Pizzo Beach Club and its facilities. The complex will be completely gated, so only key holders will be allowed into the complex.

Thanks,
Paul



somebane wrote:
Hi all . just regarding the payment of €180 for umbrella and sun lounger. Are you guaranteed that when you stroll down to the pool after breakfast, that you will have no problem getting a lounger and umbrella?? Will it be the case that you will have to get up at the crack of dawn to secure the use of one of them by putting down a towel... I would be very upset at having to sit down on tiled floor and looking at every one else enjoying themselves!!

Will Club Med members have the use of PBC pool and facilities seeing that it is on Club Med land?? Check out Google earth, put in Club Med Napitia and turn the map 90 degrees. You will see that before Pizzo Beach was constructed, the tennis courts and pool were already in place. Its as if Club Med built them but never used them. What do you think?


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PostPosted: September 21st, 2010, 10:21 pm 
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Joined: April 16th, 2009, 9:53 pm
Posts: 135
Hi Paul,

We were in Tropea at the Blues festival on the 10th Sept for a few days, had a marvelous time. Thought we would call in and say hello but your office was closed, spoke to the lady next door (I think her name was Jessica), Anyway, here we are on the East Coast checking the progress on our apartment.

Can you advise about a Golf course in Calabria on East or West coast ?

thanks
Berni and Dermot from Dublin


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PostPosted: September 23rd, 2010, 11:54 am 
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Joined: February 16th, 2010, 7:42 pm
Posts: 48
Hi Colin, sadly we feel the only option is to change solicitors, again ! in our case, as we had the same trouble with the one appointed for us by Parador, our original agent, who went bust, that solicitor also stopped replying to emails & phone calls & did not bother to turn up earlier this year when we went over & arranged to meet her,foolishly while we were there & getting rather desperate we let VFI put us on to Labatte's, who is also supposed to be dealing with another issue for us, but as yet seems to have done nothing & never answers any of our questions regarding the matter, we had already paid the first solicitor, but at least we have not paid Labatte's anything ! From what I have been told Labatte's have around two thirds of the clients at PBC, & as there are only a small number of PBC clients on this forum, the chance of us been picked off with threats of losing payments already made & refusing to pay any compensation to us as individuals seems inevitable, but what are the chances of us getting together to use pressure that we would have in numbers ? quite slim I would think. Since we came back from Calabria 2 weeks ago, & came home to the email from Maritur, we have emailed VFI & Labatte's & had no reply from them. So we feel it is time to do something, so we are looking for a good reliable, honest, independant solicitor ! And I may get a reply after this, as I did from Carol after my last posting !

Alan & Philomena Apt. 57f


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PostPosted: September 23rd, 2010, 1:01 pm 
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Joined: March 10th, 2009, 3:03 pm
Posts: 25
hi im using zagamilaw,,,,their international with offices in usa rome and calabria,i dis-instructed the shower of chancers i had the displeasure of getting involved with and am using this company....so far so good,,,,am still in process of sorting out my situation but have found both paolo,and carlo who is dealing with my case to be professional and competent..website is www.zagamilaw.com,
hope all works out :)


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PostPosted: September 23rd, 2010, 5:35 pm 
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Joined: September 29th, 2009, 9:20 pm
Posts: 61
Location: Staffordshire
Hi Alan & Philomena,

I am talking to a lot of people buying at PBC via email and through Facebook. We are now talking about an Independent international Lawyer. If you and anyone els would like to PM me with your email addrees I will add you.
I still have had no responce from Labbate.

Mandi and Colin


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PostPosted: September 24th, 2010, 11:44 am 
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Joined: December 22nd, 2007, 9:45 pm
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Hi,
Being a thicko, I do not really know how to send a PM.
Could anyone advise, preferably AM


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PostPosted: September 24th, 2010, 1:59 pm 
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Joined: July 12th, 2009, 9:47 pm
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How do you join get onto Pizzo Beach on Facebook? (I am a member already)...must be a thickie too, as when I search for it I get the answer asking if I meant Pizzo Bench!!


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