Ocean View Properties

[Lawbird Lawyer]

To all of us affected by the ocean view /ricardo miranda scam my personal thoughts of vengance due to my hardship of no rent being paid to me on my benatalya property fall into insignificance to all those affected on gardens of manilva and estepona beach but my thoughts have now changed .On benetalya from the document given to me and posted earlier it is ricardo mirandas company gcp that guaranteed the rent but did not pay!and for all those affected on gardens of manilva the successful court action by the administrator of this site is truly excellent news for over 500 people on that development.As far as estepona beach is concerned i hope with all the other creditors the report from gt will cover it but from what i have seen it is very clear ricardo miranda is behind the whole scam benatalya no rent estepona no build no land morocco tafedna bay no build no land punta perla massive accusations of fraud and that posting i saw of 17 failed companys does not make good reading HE IS CLEARLY A VERY CLEVER CON MAN i do not understand why all estepona clients after all this time cannot organise yourselves into 1 group work with say the administrator of this site and take action against ricardo miranda because he has been clearly at it.

Dear Sir,

Further to your post we feel it is neccessary to clarify the following points regarding buyers who purchased off-plan in Spain through OVP:


1. Regarding development Gardens of Manilva whose developer is Manilva Costa, S.A. and was marketed and sold exclusively through Ocean View Properties (OVP) our lawfirm has recently won a Group Action against this Spanish developer at Estepona's law courts.

This ruling is very important because it has now opened the door to other off-plan buyers who previoulsy were unable to litigate successfully for technical reasons which details I won't get into.

Suffice is to say that this new ruling has now opened the door to all those buyers who paid OVP to buy an off-plan property in Manilva Gardens.

All those interested should contact us for more details on the case.

Details on the Group Action can be found in the link below with a scanned copy of the ruling available, both in Spanish and in English, in PDF format:

Successful Group Action vs. Manilva Costa, S.A.
4th March 2010

Development: Jardines de Manilva/ Gardens of Manilva

Lawbird lawyers have won a Group Action Law suit in a First ruling against developer Manilva Costa, S.A. on the 25th February 2010 acting on behalf of a group of British clients, who had purchased off-plan property from Manilva Costa, S.A. in well-known development Jardines de Manilva (Manilva Gardens), located in the municipality of Manilva. They all purchased off-plan units through British Real Estate Agency Ocean View Properties (OVP) which has now been legally wounded up in the UK. The judge dismissed claims from Manilva Costa alleging it was only OVP which had received the funds and that they had at no time received any funds from our clients nor were they a party to the Private Purchase Contract (PPC) (!) as they had at no time signed any of the purchase contracts.

The developer’s claims were overturned one by one in view of the substantial evidence collated by our legal team whereby the commercial relationship and the roles assigned to each were irrefutably established as well as Manilva Costa’s acknowledgement of having received our client’s stage payments. The judge concluded all the PPC were valid and binding despite not being signed or even acknowledged by the Spanish developer.

The judge went on to rule the Spanish developer had breached the Private Purchase Contract on four different accounts:

1. Late delivery in handing over the property.
2. Lack in attaining the mandatory Licence of First Occupation (LFO) which is required to occupy and live in a dwelling.
3. Lack of promised communal facilities which enhanced the resort’s value (i.e. Social Club) as promised in the developer’s glossy brochures.
4. Non-performance of promised features included within the Private Purchase Contract which resulted in a significant decrease of value of the new build properties (i.e. the built size of units was considerably less, reduced number of bathrooms etc).

Estepona’s lower court has now sentenced the developer Manilva Costa, S.A. to:

1. Refund our clients their deposits in full amounting to over 400,000€
2. Pay the legal interests accrued on the said amounts.
3. Award the legal fees to our clients, meaning the developer will pay for them.

Documents

•Original Manilva Costa Ruling in Spanish (PDF 1,500 kb)
•Partial Translation of the Manilva Costa Ruling (PDF 166 Kb)



2. Regarding Estepona Beach and Country Club (EBCC) we are considering taking Criminal action against the developer. After all these years nothing has been built as the Building Licence was never attained. No stage payments have been refunded.

All those interested in pursuing legal action against Sungolf Desarollo Inmobiliario, S.A. and the man behind it, Mr Ricardo Miranda Miret, please contact us.

E-mail: info@lawbird.com

Phone number: +34 952 86 18 90

Yours faithfully,

[Joey123]

This is good information. Thank-you. Over time more information is being gathered to lead you down a path other than speculation. This opens the door for action against the developer potentially. We have all known for sometime the developments he has been associated with have been problamatic, shall we say. Without signed contracts it seemed that our recourse was against OVP or if possibly against solicitors in some circumstances.

We do now potentially have a new avenue to look at and will do so thank-you again.

I would hope we can open up a line of communcition soon. Perpaps vie EOS PM facility?

Regards
Joey123

[Lawbird Lawyer]

Hi Joey,

You are welcome.

We are compiling a legal dossier on the development and on Ricardo Miranda Miret so that people can evaluate the significance of the evidence gathered and choose to join the group action our firm is preparing. We have already decided that a criminal action seems to be the best option on the basis of the information we have but wish to share it with anyone caught out in this scam so that they can form their own opinions.

We don’t think EOS is the right platform to discuss legal action, in particular one of a criminal nature and therefore we are preparing a similar facility on our site.

Regards,

[Joey123]

Dear Lawbird

Agree re EOS. I did not realise you had made the last post. I did not look closely enough. I am part of an legal group in the UK, re EBCC. There are 11 of us. I am aware of many more.

I would be most interested in any line of action against the developer re EBCC on a group basis. I look forward to more details.

Do you need any information re EBCC/OVP etc? Can I help?

Joey123

[Unregistered]

well done lawbird yes joey 123 gather as many clients as you can there are over 300 people that should be taking action against ricardo miranda on estepona beach and country club but what are grant thornton doing to help surely they organise an action group they should have at least all the details of the clients and a copy of the signed contracts by the clients how do i join i know somebody in the spanish press that wants to do a story on ricardo miranda and his shady dealings especially on punta perla where with all the accusations about sales on land he does not own and the fact that he is accused of misleading all on estepona beach between 2005 and 2008

[Unregistered]

Hi

i invested with OVP back in 2005...deposits were moved from property to property then eventually to tafedna bay. Agent advises that he is in the process of refund of deposit from the developer. Can somebody advise me as to what i should?

[Joey123]

did you use a solicitor of all of this and if so were they recommended by ovp? What was there name?

[Unregistered]

Hi

i invested with OVP back in 2005...deposits were moved from property to property then eventually to tafedna bay. Agent advises that he is in the process of refund of deposit from the developer. Can somebody advise me as to what i should?

you will never see a penny, only hope jail time for ricarda, he is still selling land at punta perla through agents there who are involved. scam has been going on for years and he lives like a king, can someone take him down?

[Joey123]

name the agents with contract details

[Unregistered]

type in punta perla some sites closed, others still up and running selling land as they continue to promote development for hugh commisions. if you go to D.R. punta perla aka ricarda will have realtors show you land try to sell you this scam, hoping you are not aware of it. check out singing pig forum some realtors still pushing this bull. the con continues and ricarda and his sister eve can not be stopped, he is one of the best destroying many lifes, hopes and dreams. there is no justice and life is not fair, teach your children well, trust no one