I am trying to locate other owners in residence Cybele in Brides les Bains following the letter received by Resitel that they have gone into le regime de la sauvegarde ( safe guard regime).

Has anyone signed the new lease agreement by the deadline of 6 April 2012 and /or taken legal advice ?

Thanks

Sparklygirl

Comments

Hi Guys,

Glad I have found this Forum as I am in the same position!

I have not signed and returned the form either and would be glad to band together with you guys and hopefully we will get a satisfactory conclusion to this mess! Shame really as it was all going along well until now, I was even looking at other possible purchases! Now on indefinate hold

I have spoke to an ex La Grange / Resitel employee and apparently it is due to properties in the Pyrenees and that we should not sign too quick as Cybelle is one of their most profitable lets due to all year round business so we are basically being asked to take the loss for the other sites, doesn't seem very fair!!

Thanks Keithjenny63

At the moment we are still tied into the lease so can't properly look at alternatives ( even though we were told by Resitel that if we did not sign the addendum the lease would be cancelled). They are going to cancel the leases for other residences but seem to want to keep hold of Cybele.
What would be really useful to know is how much your monthy/ quarterly property charges are and what they include and who they are paid to.
As part of our leaseback we paid fixed charges of €20 per m2. But if we were out of leaseback we would have to pay all of them - which works out as about €56m2. As owners, we think that the La Grange Syndic Immoblier who set our property charges have done little to manage the property costs - so it would be really useful to know how the other Cybele buildings compare. We all share the same swimming pool, car park and landscaping.
Also, how much is your habitation tax and when does it get paid ( this is another charge that has previously been paid by Resitel but they are trying to pass to us).
If you don't want to post the figures on the forum, please could you pm me

Many thanks

We have an apartment but it is in the non Lagrange section of Cybele so we do not have leaseback. It is managed for us by Nexity in Brides les Bains and have been very efficient. I would recommend them.

Under the sauvegarde should Resitel have to pay all bills as they fall due?
Under our lease they should have paid the property charges to the syndic but they haven't.
Instead we have been sent the appel de fonds. We have asked Resitel to pay it as per our lease but they won't answer our emails.
The portion that we need to pay towards the property charges has been deducted from the Q2 rent - so Resitel seem to be keeping this money rather then using it to pay for the property charges.
How can this be allowed under a sauvegarde ? I thought all bills should be paid on time under the sauvegarde.
Hope someone can help. Thanks

I can advise that the Tarbes Court has withdrawn

Resitel's Receivership (Safeguard) Order. Resitel have

however appealed the withdrawal Order. Until the matter

is heard by the Court of Appeal, the Safeguard regime

still applies.

Those overseas-based creditors who did not file their

claim by 18 August 2012 will become eligible again to

file a claim if the Court of Appeal confirms withdrawal

of Resitel's Receivership proceedings and the company

successfully applies again for Receivership.

http://www.solicitor.fr French property

lawyers and solicitors leasebacks

Hi

No haven't been able to get a template for the declaration de creance.

I did Pm a member who said they had one but there last post was a year or two ago.
Seamus - do you have a template you could email to us ?

However, there is a sample form on the website of Fabein Cordiez solicitors. It looks like it's partly filled in so we would need to cross a few bits out.

Have just sent you an email with the information we have gleaned so far. Still all as clear as mud !

I have sent you a pm to find out if you have a template and instructions on how to complete the declaration de creance.

Hi Sparky, did you receive this off Seamus? If so could you PM it to me please?

I work away from home so just catching up at the weekend.

How is it going contacting other owners? If there is anything I can do to help please let me know.

You have my number and email, if you need to contact me please feel free anytime.

There is a french forum on the Resitel situation. My French is very basic - but if any you are any good at French then please take a look. The French owners don't seem too happy either

http://www.legavox.fr/forum/immobilier/loyers-impayes-reside nce-tourisme-lagrange_37674_1.htm

If you haven't already, please can you pm me your real names and email addresses so I can identify you on the owners list and save myself a stamp if I try to contact other owners.

Is anyone happy to help with this task ?

I have now got a list of Cybele owners ( located by another owner I got in touch with via the snow heads website). There are 34 Uk owners, 5 from other countries and the rest seem to be French. Only addresses - no phones or emails for the UK owners.

I have also heard that the losses have been made on the Pyrenees properties and that Brides itself is profitable.
The rent I am being offered equates to less than 10 high season weeks which is a poor return.

Resitel tell me that if we don't sign, the receiver can cancel our contract and we would have to pay the VAT rebate back. I feel that I am being bullied into signing something - so like all of you have not returned the forms.
Resitel are still vague on the amount of future charges - however, they did tell me that the charges would be paid to La Grange.

So it would seem that La Grange took our money when we purchased the apartments, gave the managment to one of their subsidiary companies but take no responsibility for that company failing. La Grange is the parent company and is, as far as know, still financially sound. Dashriprocks - what is your take on this ?

If they don't get 70% of owners to sign Resitel say they will lose the residence du tourism but that would, I think, give us the option of finding a new company to manage the property and therefore keeping the VAT rebate.

Worse case scenario would be getting the keys handed back to us, paying the VAT and then letting the apartment through the local agent in Brides for a hopefully better rental return.

Has anyone actually taken any paid legal advice yet ?

If anyone uses C'est La Vie for their tax service they will apparently submit the Declaration du creance for you. Not sure if other French accountants will also do this - but might be worth asking yours. As their service is only a bit more than the amount we pay for our current accountant I am considering switching to them for future French tax returns as their service covers help with non payment of rent.

Does anyone already use them / or can recommend them?

Hi MCCOS

I have just read through the last 20 pages with interest as the managment company called Resitel for our lease back in Brides Les Bains has just gone into safeguard measures.

We have received a letter from Reistel asking us to sign a new contract for reduced rent ( they told me 15% less but our reduction is more than this so I have asked them to clarify the figures) and increased ownership costs. We were given less than a week to return the form. I have not returned it as it arrived the day before we left for holiday and I had many unanswered questions.

I hope you might be able to help me with your own experience.

1. If we sign the rental agreement ( it is for 2 years and then renewable) is our future reduced rent really guaranteed to be paid ? or could the company just go bankrupt leaving us with no rental income at all ?
We thought our original lease was guaranteed but clearly it is not !
I have asked Resitel this question and they have told me that the safeguard plan is the guarantee but not offered any further information.

2. We have been sent a letter asking us to submit une creance to Mr Francois Legrand.
I am assuming I need to submit this to claim any rent that is overdue. The last rent paid was upto 31/12/11 ( paid late in Feb 2012) so we are owed the next quarter from 1/1/12 to 31/3/12.
The judgement was dated 26/03/12 so I am uncertain whether i should be claiming only upto the 26/03/2012 ( so 5 days less) or for the whole quarter.
We haven't been sent a form to fill in but there is a website address on the letter so am i supposed to submit the claim on line ?
http://www.mjdp.fr/
I have then been given an 'identifiant' number and a 'mot de passe'.

Thank you for your help - I will PM this to you as well but though I should post on the dorum as other Resitel clients may have the same questions.

Hi Sparklygirl,


I am not a wizard unfortunately otherwise i would have sorted this mess out for all; my wife was reading one of the books when I registered on the site last night!


We have enquired about legal advice, but was quoted several hundred pounds to tell us what we had worked out from reading this and another forum.


Like you we have asked questions to Resitel and had no reply.


Perhaps we and the other 3 owners you are in touch with could share private contact details? Based on us all having the same contracts in place with Resitel it would be much more cost effective if we hired a legal advisor to represent us all?


Thoughts?




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Hi Harry Potter ( is that you real name or stage name ?)

I am in touch with 3 other owners and none of us have signed and returned the forms yet.
I have asked Resitel various questions and am still waiting for answers on the charges.
The annual rent we are being offered seems to be less than 10 weeks at high season ( based on the rent we would lose for using our apartment ourselves for 1 high season week) so doesn't seem like a great return when the property charges are also factored in.

I haven't paid for any legal advice yet but am considering yet.
Have you taken any legal advice yet ?

My friends notaire told her that there is an owners association that is taking legal advice but we haven't been able to verify this or whether it is specific to any particular residence.

Hi,

We are in the same situation regarding Resitel and Cybele. we haven't

signed and sent back and were going to take legal advice.

Think we would be willing to accept a lower income but not willing to

except other charges and open ended maintenance bills. Certainly

don't want the residence to loose it's leaseback tourism status and be

landed with a vat bill.

Anyone heard anything else?

Hi Seamus,


Glad I found this forum .... I am in same position having just recieved a few days rent and been told that :


Regarding the portion of rent remaining due on the period prior to the opening of the
backup procedure, it is your responsibility to make the declaration with Master LEGRAND


So I would also appreciate any template and instructions on how to complete the declaration de creance.


thank you for your help

Thanks Seamus.

Yes - I do not wish to worry the people with Residhotel unduly.

Did the Residhotel work out in the end ?

I have sent you a pm to find out if you have a template and instructions on how to complete the declaration de creance.

No, do not submit your claim online! Lodging a claim, a

step called 'declaration de creance', must always be done

by registered mail (with a receipt foor the addressee to

sign). The claim should be in French. A breakdown of how

your claim is arrived at should be provided.

Other formal requirements must also be complied too.

Further info can be found by following the link below.

You will also find an article I wrote on the subject some

time ago.

I understand that Seamus might shortly provide templtes

on this forum.

Frenc

h leasebacks in Receivership

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