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PostPosted: February 10th, 2012, 6:13 pm 
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Joined: May 14th, 2008, 2:03 pm
Posts: 95
Hi,

Its day 1 of trial on 24th Feb - me against builder. It got postponed by the judge last time - lets see what happens...

Will let you know.

Cheers,

GBL


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PostPosted: February 10th, 2012, 6:29 pm 
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Joined: September 25th, 2008, 6:31 pm
Posts: 141
Hi GBL

Is it possible to give us more details of the case, so we can follow the case with interest...Will understand if you can't give details.

Is it the same old story, where you have paid money to the builder to build with water tight contracts signed , where the builder without a care is not delivering accordoing to what is stated in the contract.


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PostPosted: February 10th, 2012, 6:38 pm 
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Joined: July 22nd, 2008, 11:30 pm
Posts: 145
HUGE good luck! Hope justice is done.


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PostPosted: February 10th, 2012, 10:00 pm 
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Joined: January 25th, 2008, 8:35 pm
Posts: 1482
Location: Herefordshire/Badolato
Case in uk or Italy?


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PostPosted: February 10th, 2012, 11:12 pm 
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Joined: July 19th, 2008, 1:20 am
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Lots of luck GBL I hope you win your case and set a precedent for others to follow


fingers crossed for you

Diane


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PostPosted: February 15th, 2012, 12:07 pm 
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Hi,

Bought from IC in 2007 (so long ago!). They of course went bust, and now so has the builder.

The case is us against the builder, as it is he who the contract is with. We have a civil and legal case.

Previously been through the SRA (toothless plantpots) procedure against G&L for compensation for their part in it. We did get our fee back, but to be fair to them the contract on which our case relies is cast iron and will work without consideration from courts.

The case is in Calabria, in a court there. Our solicitor is based as far away from there as I could find - he has had no dealings with any other property development in the area and represents nobody else buying or selling property there or near there. He is doing it no win no fee, and more out of personal interest than anything else. He has contracted a local to work on his behalf due to jurisdiction issues, however he manages the case.

I had previously approached other firms including one reccomended by many on here. Yet for another 1000 Euros, I got 2 letters sent for "extra juducial activities". When no response came from the builder, I was told that they wanted several thousands more Euros to take them to court.

Since we tried to buy our place in Italy, we have had 3 children, moved twice and built a house of our own. To say that I am over it is a total understatement! However, its not something I will ever forget about - everybody involved will hear from me, from the IC Rep to the 1000 Euro rip off solicitor in Italy.

I honestly believe, until someone proves me otherwise with a confirmed legal case, that the whole area (with the exception of very few companies and people) is corrupt. To have had so many millions of euros independantly invested in an area, with so little to show for it, beggars belief. The investigations started by the Italian Government did look very promising, but as they have come to nothing, it indicates to me that they were only a way of calming a rough water, so that no waves were made.

Reading above, I sound a bit bitter - its not the case. It does annoy me when I think about it, but we have put this to bed (apart from the builder) until our kids are grown up, and I have time to find the other people involved (they may be quite old by then!)

Cheers,

GBL


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PostPosted: February 15th, 2012, 1:20 pm 
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Joined: January 25th, 2008, 8:35 pm
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Location: Herefordshire/Badolato
oh dear, we have found the people we have dealt with honest etc., but we did not buy on a development. there are bad apples in every barrel but not every apple is bad. hope it goes well and let us know what happens.


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PostPosted: February 15th, 2012, 11:58 pm 
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Joined: September 10th, 2011, 5:04 pm
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GBL This is to wish you the best of luck in dealing with the Italian judicial system. It just seems inconceiveable that so many people can be so blatantly robbed of their life savings despite taking all the necessary precautions at the outset. The European Courts are quick to pronounce judgement on "human rights" that affect the security of millions of people, yet will not intervene to protect the rights of ordinary decent hardworking folk.

I also support your view on the massive corruption there is in Calabria, I've yet to see proof that would convince me otherwise, but if the Italian Govt were to clamp down on corruption and the dodgy builders, and simply enforce the laws that are already in place, confidence in buying property would be restored and might even rescue Italy from going the same way as Greece. I'm sure a lot of others on this forum will be watching your progress with interest


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PostPosted: February 16th, 2012, 12:32 am 
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Joined: June 4th, 2007, 4:21 pm
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Location: London
GBL wrote:
Previously been through the SRA (toothless plantpots) procedure against G&L for compensation for their part in it. We did get our fee back, but to be fair to them the contract on which our case relies is cast iron and will work without consideration from courts.


SRA: Toothless plantpots - little bit more complex than we could have ever imagined and getting more so by the day! (By we, I mean us, the clients, unfortunately not for a public forum at this time)

Good luck in your endeavours GBL


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PostPosted: February 16th, 2012, 9:50 pm 
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Joined: June 17th, 2009, 8:06 pm
Posts: 20
Good luck GBL,

I like many people on here have brought in Calabria & have not seen a brick laid or a cent of our money back. Any advice you can offer would be a great help.


Trevor


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PostPosted: February 18th, 2012, 12:00 am 
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Joined: April 9th, 2008, 9:36 pm
Posts: 10
Hi GBL
Many thanks for sharing your experiences & the very best of luck with your case.
Hope that you get the best outcome possible. This would give hope to many of us who are in a similiar position.

Kelly


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PostPosted: March 2nd, 2012, 12:02 pm 
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Joined: October 18th, 2010, 6:54 pm
Posts: 26
GBL wrote:
Hi,

Its day 1 of trial on 24th Feb - me against builder. It got postponed by the judge last time - lets see what happens...

Will let you know.

Cheers,

GBL


Hi GBL,
Have you had any outcome at the courts yet,thinking of you. Good Luck


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PostPosted: March 5th, 2012, 4:28 pm 
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Posts: 95
Hi,

We have had day 1.

Present were Builder, Developer and my lawyer.

Essentially the builder claimed to have no knowledge of my claim to a property, and to not know who I was. They said that as their name was not on the contract, they were totally in the clear and that it was the developer on the contract and they were liable. Everybody seemed to accept what he was saying until he was shown his signature on the bank guarantee form which included my name, and the development.

The developer agreed they have my money, but have blamed Giambrone for not including the builder on the contract and not checking their signature is included. There is a bit of paper chasing to be done at good old G&L.

My lawyer says my civil case will continue on the 15th May, and that he is building a Criminal Case with immediate effect.

IF YOU HAVE PURCHASED AT VILLAGGIO ANGELO AND WOULD LIKE TO BE PART OF A CRIMINAL PROCEEDING AGAINST BUILDER/DEVELOPER/LAWYER THEN LET ME KNOW.

There will be costs involved, and I dont know what they will be. But I will put you in direct contact with him, and you can organise something according to budget.

I know this has started elsewhere, but I dont know where it got to, and to be honest I wasnt keen on trusting any firm with my case until I had seen some results. Selfishly the more people involved in a criminal case the more the judge will listen.

I have a lawyer miles away from the problem, who has never heard of any of those involved. It doesnt matter if you have already got legal cover, you can still be represented.


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PostPosted: March 6th, 2012, 11:51 am 
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Joined: October 30th, 2009, 5:51 pm
Posts: 184
Location: Berkshire/Marina di Caulonia
Good luck with your case. As an owner of an apartment at Collinetta Village I have seen the lack of progress at Villaggio Angelo and met many buyers driving past to look at the site.


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PostPosted: March 8th, 2012, 8:16 pm 
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Joined: September 12th, 2009, 2:49 pm
Posts: 154
who are the parties concerned? Builders name, developers name etc... This might click with a few people and get them on board. Good Luck.


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PostPosted: March 9th, 2012, 12:32 pm 
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sunflower wrote:
who are the parties concerned? Builders name, developers name etc... This might click with a few people and get them on board. Good Luck.


There is only 1 builder and developer for Villaggio Angelo - if you bought there you would know them.

I dont want to put names as its a civil and criminal fraud case now, which probaly shouldnt involve names.

Cheers,

GBL


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PostPosted: September 5th, 2012, 1:03 pm 
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Joined: August 17th, 2012, 7:21 pm
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Location: London-Rome
Hi GBL,

I would be extremely happy to review your case in light of the UK laws of professional negligence, as in your case I see that there are some important issues on which company signed the contracts. This might lead to a professional breach of duty of the law firm that assisted you in the purchase.

The role if IC in preliminary contracts has never been clear (issues with agency agreements, contracts signed by IC Italy but money paid to IC Spain, etc.), as many buyers in Bella Vista II have sadly learned. This might have happened in Villaggio Angelo too.

I understand that you are pursuing a civil claim before an Italian court and intend to report the matter to the local Prosecution Office. I am sure that your Italian lawyer is doing a great job and I do not want to interfere with his work. However, as an Italian lawyer I am aware of the flaws of the Italian justice system. The problem is that, even if you win, how high are the chances that the builder will meet the judgment? Enforcement procedures last years in Italy, not to mention that the builder may appeal the judgment and force you to fight in Italy for other 3-4 years, this being the typical timescale of an appeal in Calabria.

The purpose of my review of your claim is to establish whether you have a claim against the firm in the UK, which means a fast procedure and, most importantly, the presence of an insurer that will pay if the case is successful. Compensation can cover the sum you have paid to the developer, interest at 8% and any costs incurred (including the costs that you are suffering for the pursuing of the Italian claim).

Such a claim would not be in conflict with the proceedings which are actually pending in Italy, as the cause of action is different (breach of professional duty vs. breach of contract) and the parties are not the same.

I also understand that you lodged a complaint with the SRA. Please note that the SRA has very restricted powers on compensations. The claim should be pursued before the High Court of Justice.

Of course, my first assessment of your case would be at no costs and with no attached obligations for you. To understand who we are, you may have a look at the post "El Caribe/Bella Vista II' or at our site www.ag-law.co.uk.

My email address is pietro.gatto@ag-law.co.uk

Please consider this my proposal with the most attention.

Regards

Pietro Gatto


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PostPosted: September 7th, 2012, 11:59 am 
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Joined: October 18th, 2010, 6:54 pm
Posts: 26
Hi GBL,
Have you had an outcome in the Italian courts or is it still ongoing ?

Regards,
Audrey


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PostPosted: September 11th, 2012, 10:41 pm 
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Joined: May 14th, 2008, 2:03 pm
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Hi,

I get a response from G&L's insurers in a couple of weeks, and the final court date for the Italian court case is in November.

Regards,

GBL


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PostPosted: September 11th, 2012, 10:47 pm 
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AG Avvocati Gatto wrote:
Hi GBL,

I would be extremely happy to review your case.........

My email address is pietro.gatto@ag-law.co.uk

Please consider this my proposal with the most attention.

Regards

Pietro Gatto


Many Thanks. You did review my case a couple of years ago. You said I had a good case against the builder, but did not mention a negligence claim against the law firm. I have since made this claim against the firm and am waiting to hear back.

I was also looking for a lawyer would was willing to work for a % of the recovered costs rather than an up front payment, and that is what I found.

Regards,

GBL


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PostPosted: September 12th, 2012, 6:53 pm 
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Joined: October 18th, 2010, 6:54 pm
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GBL wrote:
Hi,

I get a response from G&L's insurers in a couple of weeks, and the final court date for the Italian court case is in November.

Regards,

GBL


Thank you for sharing and the best of luck with your upcoming cases,

Regards,
Audrey


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