An Douar, Brittany

I think we are all getting the same email from C'est la Vie. Just waiting to see the money and some form of formal communication of a move to Goelia....

According to CLV last week Mr DELHAL (Residelia) is not

replying to telephone calls. So there is no update on

when they plan on paying the money promised. Apparently

GOELIA have paid Residelia some rent.

Bertrand of CLV does not think we should to sign the

lease before the rents have been paid. Indeed, if you

sign the lease with GOELIA, this will break the one with

RESIDELIA and there will no more guarantee to get the

payment from Mr DELHAL.

I am waiting for information for Bertrand to speak to Mr

LABRUNE, from GOELIA.

This is all the information that I have.

Does anyone have any further update on this?

Hi,

Have you heard anything from Bertrand or anyone else?

This is going on for too long.

Thanks
Kana

Sorry about the blank post... pushed the wrong button!

Everyone should by now have received the Goelia offer from Bertrand. Hopefully there will be 70% of signatures to carry this through... As part of the process, all the foreign and French owners are listed with their postal addresses. It would seem sensible to establish some sort of closed facebook page or similar so that we could all keep each other up to date with future developments etc. Can everyone identify themselves (maybe by sending a private email with contact details etc...) and if anyone is a whizz at facebook or similar, maybe a volunteer to set up the space??

greenfintry41260.9134375

Hi

Good to hear from another owner at An Douar. We did receive

rent for the first two quarters but I have just received my

bank statement and we have not received anything for the

last quarter. I have e-mailed my agent in France and the

management company this morning.

Please let me know how you have fared.

Hi

Good to hear from you. I also use c'est la vie. They are

currently on holidays. I think back on Monday. I have e-

mailed them and will ring on Monday to try and find out

what is happening.

We did receive the first two quarters rent without a

problem. The payment was a little late each quarter but

it did arrive.

I have also e-mailed residelia. They are also away on

holidays.

Perhaps if we both make contact with c'est la vie on

Monday. See what they say and take it from there.

Yes if necessary we could share a solicitor. It would

also be nice to make contact with others.

I have been watching the bookings for An Douar and they

appear to have been full all summer so it shouldn't be

anything to do with bookings.

Let me know what you think.

Hi

It appears that residelia have sent a letter to the

agents in France regarding the non payment of rent.I

guess this means that we are not the only ones. I did not

receive a letter. Cest la vie say they are looking into

this and will get back to me as soon as they have

information.

I don't know what we can do now. The property has been

booked throughout the summer. It is not as though there

are difficulties with occupancy.

Any ideas? I would like to know if there are any other

owners out there also so that we can get together in some

form of group action.

Hi,

I too have one apartment in An Dour and also in the same

boat.

I have not fully received rent yet. My last payment to

the builder was delayed. And for this reason they have

retained the rent in part. Last payment I made it in end

of September 2010. So by now I must have received at

least more than half of the rent because of holiday

period for the developer/management company at the start.

CLV are also my agents and they are generally good. But

when it comes to dealing with developer in terms of

getting your money (rent or interest), they cannot do

much because of stonewalling by developer (Promoinn).

See the explanation below by CLV for not receiving full

rent. You have to adjust it for the month by which you

have paid your full payment to the builder.

+++++++++++++++++++++++++++++++++++++++++++++++++++++

"Please see below the answer from the builder.

He received your check for the last payment today.

According to the contract the lease will start 15 days

after the full payment of the price of the property.

Therefore the lease will start on the 15th of October.

There is a 3 months holiday period for the rents (until

the 15th of January) which means that the first payment

will be beginning of March for the period from the 15th

of January till end of February plus the next three

months (March, April and May) payable in advance.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++

++

Have all of you got the interest payment promised by the

developer for the delay in completion?

I have received a letter from Residalia that the rents

are being delayed because of by winter maintenance issues

in the development.

What I find with the Promoinn is they do seem to be slow

or indifferent about the promises or obligation with

regards to payments.

Yes, I would like to join your group, and see what we can

do about this whole mess.

Good to hear others are out there in the same boat. I

received an e-mail from CLV last week saying they were

waiting to contact Residelia - the person there is on

holidays. If they hear nothing by 30 September then they

suggest we proceed with a command de payer.

I am also about €300 euro out on the payment from the

developer for late delivery.

I guess we need to wait to see what CLV will suggest.

Hi,

I also am an unhappy An Douar leaseback owner. I got my via Leapfrog Properties unlike the rest of you. I have received one rent and got stonewalled when asking for other payments. I suspect we should actually be taking joint action as collectively as we lease the property to Residelia as a leaseback who then seem to lease on to Goelia. If we take our individual flats back and they fall outside the scheme we would be liable for VAT on the purchase. So perhaps we should track down as many people as we can and share the costs.

In addition I suspect we should be charging Residelia interest on the unpaid debts. As noted the place is let so there should be money. I thi

John

Yes, count me in joint action.

Individual action will not be effective and joint action

will make Residelia realise it will be serious and

persistent.

Of course what ever the burden, it will be shared so no one

will suffer too much pain.

Kana

A couple of us are thinking of setting up a facebook page to carry forward issues about An Douar, and would like to get as many owners to subscribe as possible. Please can any of you occasional visitors express some views and any news of developments before we embark on this process?

Thanks

I agree we need to get together in a joint action. What do

people suggest?

CLV have been in contact and have suggested waiting until

the end of September - if nothing has happened by then they

will send a 'demand de payer'. If we wait until we see the

outcome of this perhaps then we could engage a french

solicitor.

We also need to keep trying to find other owners.

I would suggest we write to whoever sold us the property informing them that the leaseback is not working and that we would like to be put in touch with other purchasers. Data protection means that they cannot put us in direct contact but they could pass along messages from us asking others to contact us. I think they will cooperate as if I was them I would want to keep us onside as they do not want us lumping the agents into the whole sorry business which would be our other recourse.

In terms of next steps, it seems that we can apply relatively cheaply for a court injunction that can compel them to pay and if they chose not to plunder their bank accounts for the money. I found this which looks interesting and relevant http://www.french-property.com/guides/france/working-in-fran ce/letting-property/legal-proceedings/

Hi All,

I want to be clear about the new lease and I understood

"The common areas will be returned to us as (i.e. the

owners of aprtments) compensation for the loss of yield.

Is this still the case with the current new lease

contract.

Because, the new contract says common area will be at the

disposal of GOELIA.

Can some one explain this ?

Thanks

Kana

Jussi - that isn't the way to do it. The sales agents will not help you, either offically or unofficially. If you think they care about you, you are being naive and the chances of sticking a legal rap on them is very small indeed. The Syndic is obliged by law to provide details of all owners on request; I can't remember exactly under what particular law this obligation arises but you will probably find it somewhere on this site. Write to the Syndic in French by registered letter asking for this information. One other poster on this forum was given the information by her local French tax office, although that must have been unofficially. One other means of doing it is simply to turn up at the residence, offer the residence manager 50 Euros or a nice lunch and ask him to give a list of owners to you in return. If none of this works, you may probably conclude that the developers, managers and Syndic are in cahoots. This is the voice of very sorry experience speaking and I hate to see people re-inventing the wheel.

I am not sure that it is possible to explain this........ There are

supposedly two processes going on, a new management firm Goelia

that will run the complex ( so will need the common areas and frankly I

would want them to cover the running costs of the pool etc) and the title

of the common areas that were not previously apportioned to owners

but was held by the builder and Residelia. If we are to get anything

back from Residelia I suspect the common area may be about the only

asset that we might stand a chance of clawing back......

I do not have any idea how the process of recovering what we might be

due from Residelia is progressing however. Hope this helps

Yes I am happy to do this- wait and then contact a solicitor. I think we should also press CLV for contact with other owners. I will be sending an e-mail asking them to forward my contact details to other owners.

Hi All,

I received an e-mail before Christmas to say that

Residelia were paying one quarter rent in final

settlement. However no money appeared in my bank account.

When I queried this I was informed that Residelia cannot

be contacted anymore so therefore nothing can be got from

the company. It appears that some owners received rent.

But most did not. Can any one confirm this?

In short it appears through my enquiry that there is

little hope to recover anything from Residelia at this

stage.

Does anyone know what the situation is with the Goelia

contract? Is this 'up and running'. Can we expect some

rent?

Just had an email in from C'est La Vie saying 70% of owners have signed for the management role to be taken over by Goelia, so this should now be going ahead. If you missed the boat I guess it might still be possible to join ...... might be best to email Bertrand?