Tuesday, March 16, 2010

MEP Marta Andreasen and MP Chris Bryant

We would like to thank both MP Chris Bryant and MEP Marta Andreasen for kindly looking into our situation. Both have visited Spain recently. Please see the links section.

Saturday, March 13, 2010

What happened?

A Brief History of Trampolin Hills

2004
November: The reclassification of over 1 200 000 m2 of land is applied for in Campos del Rio, Murcia; a low-populated inland municipality with just over 2000 inhabitants in an area of 47,29 km2 .

2005
January: The company Trampolín Hills Golf Resort S.L. is formed.

May: An official agreement to allow for the building of 2200 homes surrounding a golf course is approved by the local authorities

June: A publicity campaign launched by the company leads to the first off-plan sales contracts in phase I of the resort, planned to be finished in 2008. During the next 2 years, most of the planned homes, between 1500 and 2000, are sold to buyers from different parts of Europe, each paying significant deposits of up to 60 000 € pr. home. A total of some 50 000 000 € is paid as deposits.

2006
July: A modification of the agreement is approved by the local authorities, against the protests of the opposition, who claim they have appealed the initial approval.

2007
September: The opposition denies the mayor his right to vote regarding the approval of the project, because of his dealings with the company as an estate agent.

2008
January: The Mayor of Campos del Rio, Miguel Navarro, publicly begs the opposition to vote in favour of the project. He insists it is of great benefit for the community and that the opposition have not given any reasons for their disapproval.

April: The opposition, led by Miguel Buendía, denounces the mayor and his party for deliberately delaying the procedures, awaiting the mayor’s right to vote, which will be renewed 2 years after his last dealings with the company.

May: A court decision by Judge José Miñarro García suggests the municipality is liable to pay the buyers sums equivalent of their deposits, as well as compensate the company, because of the delays.

June: The first complaints from buyers whose homes should have been finished reach the courts.

October: Local authorities decide in favour of the mayor’s right to vote.

November: The Trampolin company denounces the mayor and other officials because of the delays.

2009
January: The local authorities approve the project.

February: The Community of Murcia approves the project, on conditions that a series of modifications are made. The following months, the project is sent back and forth between offices to have the modifications obtained and approved.

November: A court declares the necessary bankruptcy proceedings of the Trampolin company, based on a 30 000 € debt to another company.

December: Some of the buyers are notified by mail that they need to present their contracts to be admitted as creditors, after the deadline has expired. The mayor appears in public at a gathering of buyers and media, promising the approval of the reclassification of the land the following month.

2010
February: The Association for the Affected of Trampolin Hills is formed by some of the buyers.

March: The association starts negotiations with the bankruptcy trustees as a last effort to have our contracts respected. The reclassification of the land is still not approved by the local authorities.

Summary: Spanish authorities have so far been sitting comfortably back watching buyers despair while a small handful of local politicians let their concerns for their own personal rivalries and benefits completely overshadow their concerns for the thousands of individuals seriously affected by their decisions, including the families who are still waiting for their homes as well as those who have lost their jobs. We, the buyers have deposited our life savings in Campos del Rio along with our trust in Spain as a modern EU country which takes her obligations towards the buyers seriously. We feel it is time to clarify who is responsible, what they intend to do and when.

Thursday, March 11, 2010

Bankruptcy Trustees are willing to sign an agreement under certain conditions

Following the meeting held on the 4th of March, the Association for the Affected of Trampolin Hills and the Bankruptcy Trustees have agreed on signing an agreement to proceed with the construction of the development.

For this it is necessary to have the approval of creditors which represent more than half of the total credit; that is some 25.000.000 €.

The agreement would need to include the following conditions:

1.- Definite commitment on behalf of a financial entity, subject to the condition of approval of an agreement, to grant a sufficient credit to Trampolin Hills for starting the construction.

2.- Acquirement of the plots still awaiting deeds.

3.- Final approval of the reclassification of the land.

4.- Starting again the construction on behalf of Trampolin Hills, subject to the following conditions:

a.- Subscription to an Insurance Policy which guarantees the devolution of the quantities already paid and to be paid by the buyers, as established in the First Additional Resolution to the Construction and Development Act.

b.- Contracting, in charge of Trampolin Hills, of a Technical Office for construction control, without whose approval bills could not be paid or certificates of construction issued, neither by charging bank credit nor by charging quantities paid by buyers.

c.- Establish a control of disposal of funds on behalf of the Administrators of Trampolin Hills.

Because the mercantile legislation impedes the limiting of the functions of the Administrators of companies, it would be convenient to introduce in the agreement a prolongation of the intervention of the Bankruptcy Administrators, whose signatures would be needed for any act of disposal by the company.

The inconvenience of this solution is that we would have to continue dealing with the responsible members of Trampolin Hills, but the advantages would be that they would be totally controlled and that the conditions of price established in the contracts would be respected and, in the case of a new failure, the quantities paid would be covered by an Insurance Contract, with certainty of recovery independent of a new insolvency situation or of breach of contracts on behalf of Trampolin Hills.

Friday, March 5, 2010

CHRIS BRYANT – UK MINISTER OF STATE FOR EUROPE

CHRIS BRYANT – UK MINISTER OF STATE FOR EUROPE

Will be holding a Question and Answer session for people living in Spain or
moving to Spain

Chaired by Her Majesty’s Ambassador, Giles Paxman

At 5pm on Saturday 6th March 2010

At the Hotel Cabo Cervera, Torrevieja

Ctra. Torrevieja a La Mata s/n

03188 Torrevieja

Those interested in attending, since
space will be limited and for security reasons, should advise the Consulate
asap, preferably by email at alicante.consulate@fco.gov.uk or
'lloyd.milen@fco.gov.uk'. Tel.96 521 6022, fax 96 514 0528.


PLEASE; if any British Trampolin Hills buyers could possibly attend and question the Minister on our problems, that would be an enormous help. Please let us know, at bftboth@gmail.com.
Thank you!

Saturday, February 27, 2010

Association for the Affected of Trampolin Hills

You will find the presentation in English of the Association for the Affected of Trampolin Hills in the new web site:
http://www.asociacionafectadostrampolin.com/index.php?option=com_content&view=article&id=53:presentation&catid=42:english&Itemid=56
Please take time to join the Association!

POSSIBLE STRATEGIES OF ACTION

REPORT ISSUED BY THE SOLICITORS JAIME OLAORTUA UGALDE Y EMILI MORAGAS FREIXA, AT THE REQUEST OF THE ASSOCIATION FOR THE AFFECTED OF TRAMPOLIN HILLS

PREVIOUS EVENTS

I.- The Company “Trampolin Hills Golf Resort, S.A.” has been declared in necessary bankruptcy proceedings.

II.- We have partial knowledge of the Decree of Bankruptcy Proceedings through transfer of copies and verbal information of the situation of reclassification of the land.

LEGAL AND FINANCIAL SITUATION

1.- Trampolin Hills has had inscribed in their name various plots of land, which are part of the total building land, which are not mortgaged, but with various embargoes for a total of over 2.000.000 €.

2.- There are other plots which are located within the boundaries of the Project, acquired by means of private contracts, the amounts due to be paid by Trampolin Hills being unknown.

3.- There are between 1400 and 1700 off plan sales contracts to buyers, for which some (an unknown number) have applied for the rescission of their contracts.

4.- The definite reclassification of the land is awaiting final approval by the Town Hall of Campos del Rio.

POSSIBLE STRATEGIES OF ACTION BY THE AFFECTED BUYERS.

A.- RESCISSION OF CONTRACTS.

In the case that all or a majority of the buyers of properties apply for a rescission of their contracts because of breach of contracts, there is no doubt that they would obtain a favourable resolution by the Courts, although we must examine the consequences.

It seems that the sums received by Trampolin Hills for the planned construction amounts to the quantity of some 50.000.000 €.

This option implies the loss of rights to allotments of property and to the obligations of construction of the home.

The quantities paid would constitute ordinary credit in the bankruptcy, or even subordinated for those who have not communicated their credit to the Courts within the legal time limits.

In the case of a massive application for rescission of contracts by the buyers, we believe that the Bankruptcy Administration (trustees in insolvency) would not take any steps towards paying and acquiring the plots bought through private contracts, because, probably, they would need to spend money that Trampolin Hills does not have.

The final approval of the reclassification would need to be applied for by Trampolin Hills, now directed by the Bankruptcy Administrators (trustees in insolvency), with no certain knowledge that these would present the petition, as ownership of all the plots included in the Project is still not at their disposal.

According to evaluations presented by Trampolin Hills, the value of the land without reclassification amounts to 6.091.195,11 €, and with reclassification, to 85.939.990 €, although one should take these evaluations with reservations, as they have been presented by the insolvent company.

If there is not a possibility for an agreement with the insolvent company, one would proceed to an ordained settlement of assets, and in the case that this is not possible, to publicly auction off the property. In the current property market situation, we think that the land, even if reclassified and sold ordinarily, would not cover the debts. No need to say the same if sold by public auction.

Of the obtained sum, the privileged credits would be paid first, followed by the ordinary and subordinated in legal proportions.

All this will take its time, the uncertainty of the sums which might be obtained, with the certainty that, if the land is not reclassified, the ordinary and subordinated creditors would practically not obtain anything.

We advise against the strategy of massive application for rescission of the contracts.

B.- APPLY FOR THE ALLOTMENT OF COEFFICIENTS OF PLOTS FOR BUILDING COMMUNALLY

The preliminary steps are that the Bankruptcy Administration (trustees in insolvency) acquire the plots which have not yet been inscribed, which are located within the boundaries, and the subsequent final approval of reclassification, which presents the difficulties described in the previous point A.

A condition without exception would be that the mentioned application of allotment is presented by a sufficient number of buyers who, communally, could carry out a significant part of the Project. This would require a substantial number of buyers.

The allotment would be asymmetrical, because there are buyers who have paid sums of less value than their theoretical plot, and others who have paid quantities much larger than that value, which would mean a complex elaboration, which could only be done and decided by the Bankruptcy Administrators (trustees in insolvency) and approved by the Bankruptcy Courts.

If allotment were obtained, the buyers would have to form a Co-Ownership, to build, or a Cooperative, compensate the financial unbalances amongst each other, act themselves as developers of the project to be carried out, having to find the financing, contract engineers and builders, with a new project and new budgets for building.

We advise against the strategy of applying for allotments of coefficients of building plots, because of its complexity and improbable success.

C.- NEGOTIATE AND APPROVE AN AGREEMENT WITH THE INSOLVENT COMPANY.

For this it is necessary to have the approval of creditors which represent more than half of the total credit; that is some 25.000.000 €.

The agreement would need to include the following conditions:

1.- Definite commitment on behalf of a financial entity, subject to the condition of approval of an agreement, to grant a sufficient credit to Trampolin Hills for starting the construction.

2.- Acquirement of the plots still awaiting deeds.

3.- Final approval of the reclassification of the land.

4.- Starting again the construction on behalf of Trampolin Hills, subject to the following conditions:

a.- Subscription to an Insurance Policy which guarantees the devolution of the quantities already paid and to be paid by the buyers, as established in the First Additional Resolution to the Construction and Development Act.

b.- Contracting, in charge of Trampolin Hills, of a Technical Office for construction control, without whose approval bills could not be paid or certificates of construction issued, neither by charging bank credit nor by charging quantities paid by buyers.

c.- Establish a control of disposal of funds on behalf of the Administrators of Trampolin Hills.

Because the mercantile legislation impedes the limiting of the functions of the Administrators of companies, it would be convenient to introduce in the agreement a prolongation of the intervention of the Bankruptcy Administrators, whose signatures would be needed for any act of disposal by the company.

The inconvenience of this solution is that we would have to continue dealing with the responsible members of Trampolin Hills, but the advantages would be that they would be totally controlled and that the conditions of price established in the contracts would be respected and, in the case of a new failure, the quantities paid would be covered by an Insurance Contract, with certainty of recovery independent of a new insolvency situation or of breach of contracts on behalf of Trampolin Hills.

D.- ASSIGNMENT OF THE CREDIT TO ANOTHER DEVELOPER, BUYING A NEW HOME FROM THIS

The possibility has been commented of another developer willing to buy the credit from the buyers, offering as exchange the sale of another home in another urbanization. This possibility should not be rejected blankly, although the new developer should respect the following conditions:

1.- Respect the final price of each home.

2.- That the urbanization is situated in an acceptable location for the buyers.

3.- That the types and qualities of construction should be equal or similar to those of Trampolin Hills.

4.- That there is an offer of insurance which guarantees the devolution of the quantities already paid, or to be paid, in case of breach of the contract.

And to thus inform, we release this report upon petition of and in the interests of the Association for the Affected of Trampolin Hills, while awaiting other better documented.

Barcelona for Murcia, 18th of February, 2010


Jaime Olaortua Ugalde Emili Moragas Freixa.

Solicitors

Friday, February 26, 2010

Buyers on TV

Representatives from the newly formed Association for the Affected of Trampolin Hills and from the group Buyers for the Building of Trampolin Hills met the media at the Trampolin Hills site in Campos del Rio yesterday. They explained our problems to a reporter from an English newspaper based in the Torrevieja area and to two reporter teams filming for the main local TV channel and for Spanish national TV. Whereas the national program will focus on golf resorts as a means of attracting tourism, the main theme for the local program will be different cases of swindling, Both programs will appear in about three weeks and both teams promised to make known the new web site of the Association so that affected who have not yet been aware of the Association, and others, can find more information on internet.

At the site we found that the doors to the show homes, which had been closed with bricks after the complaints in December have since then been reopened. The houses are now robbed of all windows, electric switches, bathroom and kitchen fittings. We will send in new complaints to the bankruptcy administrators, asking them to report the robberies, notify the insurance company and have the doors and windows closed again. At the office building the glass in the windows had been broken. We feel that this is a sad and meaningless waste of resources.

We now need that a majority of the buyers join the Association so as to put pressure on all parties to cancel the bankruptcy and have the building started as soon as possible. We have heard that the Judge who sentenced the bankruptcy on behalf of a company which the Trampolin company owed 30 000 € (a sum which even seems to have been paid in the last minute) has since then admitted that the decision was rushed. The bankruptcy seems to have been easily avoidable and is now affecting approximately 1500 buyers. All estimates point to major losses for these buyers if the bankruptcy is maintained. The more responsible approach would have been to help getting the project approved and started and this is what the Association now will ask the authorities to do.