Ocean View Properties

[Unregistered]

Lawbird, its great to read your recent postings. Which gives so many people an element of hope.
Would it not be possible for you to discuss with Samantha Lock at Grant Thornton and work with her in order to get all investors together?
It makes so much more sense, as they are currently dealing with so many claims from Estepona investors.
I feel there are many who would be very interested in joining your group, but there will also be many who do not use this site or even the internet! They could be contacted through Grant Thornton.
I look forward to hearing more from you.
John and Trina.

[Unregistered]

Brilliant work by the lawyer behind this court action i wonder if they can look at punta perla because from what i am reliably told he has sold property to clients in the marina and beach front star island etc through similar agents and he does not own that land either but merely has an option which is fraud .In relation lets not get carried away with what grant thorntons motivation is like all insolvency practioner it is fees and they have not even bothered to put a website up to inform us .Are we creditors or not? and is their conflict? because as they have already stated they are representing the woodhall estate in action against ricardo miranda and his companys.I am sure we can do a better job ourselves by utilising good people like joey 123 and others on the eye on spain web site to gather enough people to join this action because at least we know with the lawyers on this web site what are motivations are the return of our moneys without big fat fees being taken by a liquidator

[Unregistered]

I would like to add a word or two of caution. Yes a judgement has been won, but to me a judgement in your favour is only a very expensive piece of paper until you have the money back in your bank account where it belongs. It would be very misleading of any legal representative to lead you to believe a judgement in your favour means a refund in your pocket.

I would be interested to hear what Lawbird are doing with this judgement. Do any of their clients have their money back yet? If not it would be interesting to find out how Lawbird are going to recover it.

[Unregistered]

Hi there, Court rulings have to be executed if you want your money, you are absolutely right, but at least some people now have a Court ruling against a company that is alive and kicking, not against a liquidated company, dont you think? It is a way forward, perhaps expensive, but certainly better than staying home and writing on this forum for years!

[Unregistered]

Hmmm, I'm not so sure. I am one of those who has a judgement in their favour, so I'm well placed to comment. A judgement means nothing if you don't get your money back - in that case its not a way forward, its throwing good money after bad. Time will tell how this pans out.

[Unregistered]

Has anyone seen the latest financial accounts for Manilva? What do they say about it?

[Unregistered]

just like bernie maddof in the states 50 billion scamed, no one has or will see a penny, hes in jail at least, ricarda walks free all the judgements are worthless when money is hidden out of the county, the company may be up and running, see how much money can be found, will be next to nothing. only hope is that he goes to jail, but it appears that will never happen, f.b.i., interpol, and american greed contacted by many people who lost everything at punta perla and nothing has been done, can anyone take him down? where is the justice?

[Lawbird Lawyer]

I would like to add a word or two of caution. Yes a judgement has been won, but to me a judgement in your favour is only a very expensive piece of paper until you have the money back in your bank account where it belongs. It would be very misleading of any legal representative to lead you to believe a judgement in your favour means a refund in your pocket.

I would be interested to hear what Lawbird are doing with this judgement. Do any of their clients have their money back yet? If not it would be interesting to find out how Lawbird are going to recover it.

Dear Sir or Madam,

Thank you for your input. I feel your post warrants we clarify some of the issues you raise.

Obtaining a favourable ruling is only the first step in the recovery of funds, granted. I honestly believe no one has been mislead by us as a result of our last post as you seemingly imply.

The legal fees we charge in litigation are split into both a retainer fee and a contingent fee dependant on the result (10% on all amounts recovered).

No result, no contingent fee.

Our interests are lined-up with our clients to recover as much money as possible on their behalf. Almost everytime we have recovered funds from developers it has been through litigation. At times developer's representatives waited until the same day of the hearing to reach an out-of-court-settlement and at others we've had to fight until the second ruling. Regardless, in almost all cases a law suit had to be filed nonetheless.

Our experience and litigation track record show that If you do not adopt a proactive attitude in recovering your funds, no matter how long it takes, you simply don't recover any money at all.

Everytime we have recovered money (not just winning law suits) from various developers it has entailed necessarily litigation.

We will recover our client's money as we have always done.- litigating. This legal procedure has not come to and end yet and will be ongoing. This is only the first step in the right direction.

We would be most interested to hear from you how do you suggest we should recover our client's moneys if it's not through litigation. We welcome any suggestions.

The case against Manilva Costa, S.A. has proved most difficult to win as the odds were stacked heavily against us and our clients knew it. Which is why our law firm has turned down dozens of clients to litigate at Gardens of Manilva over the last two years prior to this ruling because we felt their chances were not strong enough.

It is a policy of this law firm not to engage in reckless and imprudent litigation as it's clear from all our legal articles, posts and most importantly our acts.

As written above, we were only able to litigate on behalf of a reduced group of plaintiffs due to a major blunder of the developer which allowed them the opportunity to litigate. Blunder which which was subsequently amended and never repeated again barring the opportunity of others to litigate, that is until this new ruling.

This successful Group Action has now left the door ajar for all those off-plan buyers at Gardens of Manilva which we have been turning down for litigation since 2008.

The way OVP and Manilva Costa had concocted the whole conveyance procedure made it nigh impossible to litigate in Spain successfully for the retrieval of client deposits as payments had all been made in the UK over to OVP and none of the Private Purchase Contracts had been signed by the developer (!). Moreover, the Spanish developer at all times denied having any legal relationship with the off-plan buyers as well as having received any funds from them as can be surmissed from the judge's ruling itself which we've posted publicly for all to read.

Regarding EBCC we are in the process of studying the matter and the appropriate legal action to be taken. More on EBCC:

Estepona Beach and Country Club and Operacion Malaya: A Necessary Connection? - 22nd March 2010

Yours sincerely,

[Unregistered]

Thank you for responding, however I wasn't implying that you in particular were misleading anybody. I can just see that all this excitement (not necessarily generated by yourselves I might add) about having a favourable judgement may lead people to believe they have a good chance of having their money refunded.

Manilva Costa have appealed against all the judgements against them so far - this leaves purchasers back in another 12 month (or longer?) queue for the appeal court, more legal costs, and what then? I'm not sure Manilva Costa even have the means to pay back one or two people, never mind the hoardes who are litigating.

Sorry to put a dampner on things but I'm just being realistic - I'd love nothing more than to be proved wrong though!

[Unregistered]

This is great news for everyone but as the above poster said, does Manilva have enough money to pay off all the potential claims? Has it paid off the initial claims yet? Lawbird must have copies of the latest company accounts otherwise it wouldn't have gone to court unless it had money

What's the position?