20 Février 2012 by amjdxb

Lagrange

Hi there all, just wonder if anyone else has suffered with this particular piece of stupidity I am facing.

Bought a leaseback ski property way back in 2004. Delivery was delayed due to a builder going bust but we got it handed over in '05 and all has been surprisingly okay since (no management company failures or delayed monthly payments so far, touch wood!).

However I got a bizzare letter from the management company (Soderev) last year saying that I still owed their developer (LPP) around 6000 Euros from the purchase. They sent me a statement 'proving' this but nothing else. I looked at it all and realised the issue was nothing to do with me as I paid all that was due to be paid - it seemed there was some TVA reimbursement maybe they had not received - this would have gone directly to them and not via me. I wrote back pointing out their error and heard nothing more. I wrote to them again a few months later asking if this was all sorted, but again heard nothing.

Now I am in receipt of a letter from a firm of bailiffs in Paris saying I am going to be dragged to court over this matter and they've sent me a list of extra fees they are seeking to cover their costs in recovering this debt.

I am seeing red as its clear I've paid all I was contractually due to pay, and I've written to the various Soderev parties I have contact details for explaining this, but they all just say its nothing to do with them and I must deal with their legal department (wherever that maybe) or their bailiffs!

So, it looks like I may have to waste time and money arming myself with a French lawyer to fight a false claim of debt from a purchase made over seven years ago!

Anyone got any advice??

Commentaires

davey1

20 Février 2012

A client of mine is in the same situation, however, they were unable to work out the reason for the unpaid funds.

I have given them the details of the forum, so they can contact you directly.

I am sure Seamus will be able to shed more light, but in my experience the TVA refund is sent either to:

1) The new owner
2) The Developer directly
3) Agent

I wonder if the TVA refunds were sent to the original builder?

Davey

amjdxb

20 Février 2012

Davey,


thanks for that. It would be good to compare notes with another suffering from this nonsense.


In the case of my purchase a tax consultant, Eurotax, was appointed to sort out the TVA refunds. The TVA for the apartment purchase was confirmed fully claimed by Eurotax and paid directly to LPP/Soderev. I got the refund for the furniture, but not without a fight as Eurotax made the mistake of initially paying it to Soderev who didn't want to give it back.


It is absolutely clear from my contract documents that I was paying a figure net of TVA and it is further confirmed from all documents I have that I met my obligations and paid all that was due.


This missing money really is a mystery and why Soderev feel they have to come after me is anyones guess. I had a verbal joust with their accountant a few weeks back via email. I ended up calling him an idiot living in a fantasy land if he truly believed it was okay to hound me through the courts for his mistake! He asked me to keep things cordial!! Ha! Hard to do that when you've got a firm of bailiffs targetting your rental income for a non-existent debt.


I've dragged Eurotax back into this mess, but the girl I deal with, who has previously been very responsive, has now clammed up. Beginning to smell a rat here!


I await details of your client. Strength in numbers!


Cheers


amj

amjdxb

21 Février 2012

Seamus,


thanks for your comment.


VAT was paid by the developer and fully reclaimed for him by Eurotax (so they say). I paid for the apartment net of VAT.


As I've said, I'm perplexed and annoyed that the developer is now, seven years after the purchase was completed, coming after me for an amount they claim is unpaid by me, even though their own records confirm I paid them all I was contractually due to pay. Very strange behaviour!


Eurotax told me later yesterday they are now doing an investigation into the matter for the developer, so there may be some light at the end of this tunnel. I'll keep you posted.


Cheers


amj

Alancar1

21 Février 2012

We are in exactly the same situation only they are asking us for in excess €10 000. We received a spreadsheet type document last year "showing" that we owed this money. I wrote back asking for further details as we believed everything was paid and we heard nothing more until the bailiff turned up on the doorstep. Trying to get together records from 7 years ago is difficult. I have twice emailed the notaire involved but have no response to either. Would like the chance to discuss this with you further.


amjdxb

28 Février 2012

Latest update: -


The accountants appointed in 2005 for the TVA reclaim yesterday admitted they have been withholding funds from the developer over a dispute which has been running between them for the last six years. They further admitted that some of those withheld funds related to my TVA refund and are equal in value to the amount now being sought by Soderev and their appointed bailiffs!


Annoyed? You bet I am! The developer targetted me for payment of these missing funds with a claim of a 'debt' they said I still owed them from the original property purchase, even though they knew what this was all about. The accountant(my accountant) has only admitted all this to me once they saw me dragging their name into my own legal battle!


I see from documents that I am not the only party at FDS involved in this. There are others involved at other leaseback developments as well who have unwittingly had the TVA refunds on their purchase used as pawns in a game between the tax accountant and the developer!!

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