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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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Deposit-on fractional-share

Customer Question

Hi, I have seen this post http://www.justanswer.co.uk/law/7mvjt-put-deposit-fractional-share-villa-halycon-hills.html on your website and I have the same problem with Barrasford and Bird and I wanted to know if this person in the post managed to get his money back? I would appreciate any help. below is some background I put a deposit on a fractional share villa in Halycon Hills with Barrasford and Bird a UK based Developer/Agent in Feb 2009 and I have paid them £11,200 k and It was sold to me via phone as short term investment to be built in 2011. However, obviously with the problems in Greece things are not 'happening', also the company have experienced legal issues in regards ***** ***** land they were supposed to build on. I asked them if I could have my investment money back as I require it now because they have failed to deliver the project and it is being 6 years since I put down the deposit . They are now being very evasive and stating that there were no time parameters in the contract I signed and my contract does not offer money back unless it is resold to another client. However, my argument is that when they launched their sales pitch at me in 2009 it was sold as a short term investment and all their brochures and marketing stated the project was due to be completed end of 2011. What are my rights to request my deposit back? and what is the best way to legally tackle this problem? I have pointed out to them they have my money earning them interest for the last 4 years and surely they have a morally and legal duty to me as their customer? And he is the clues that state in my contract 3.5 Should the Purchaser wish to cancel this Agreement at any time and payments have been made to the Seller, the Seller will refund monies paid thus far less fifteen percent (15%) of the Purchase Price upon successful resale.

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

thank you for trying to find someone to answer my question I would prefer if you could cancel my question as I will be seeking a law firm to help me out Instead.

kind regards,