Financial Claim in 2023
Now more than 6 years after the wildfire, and 4 years after the start of this fake and false process, it still has not been possible to claim the real and surging damage from Fidelidade caused by the wildfire, that is:
1). The real reconstruction costs of the chalets at the end of 2023, and
2). The consequential financial damage inflicted by Fidelidade itself as the result of its refusal to pay the financial damage not later than at the end of 2017 (the Lucro cessante).
In 2018/2019 the reconstruction costs of the 5 chalets, based on the Casema Offer and checked with the INE construction data was already 1,291,008.00 Euro (excluding furniture).
At the end of 2023 – based on the INE data – the reconstruction costs increased to 1,686,848.70 Euro, and including compensation for the burned standard furniture to the final amount of 1,970,082,43 Euro.
The consequential damage or “Lucro cessante in Portuguese” at the end of 2023 consists of various items, mainly of delayed income values. All based on a compound interest calculation of 8% from the 1st of January 2018 on, including:
1. Delay in Financial income of the project: 5,081,398.85
2. Delay in payment Reconstruction Costs: 1,216,908.83
3. Other delay in income (existing chalets): 492,970.00
Total costs Delays in Income and Payment: 6,791,277,68
As Transes International SA was in 2022 involuntary liquidated caused by the payment refusal, the damage must be increased with the loss of a loan of 596,675.89 Euro made by Jan van Es to the company in the past.(Still without the annual interest payment of 6%)tal costs Delays in Income and Payment 6,791,277.68 Euro
In total, it results in a preliminary estimated Damage Claim of Jan van Es on Fidelidade of 9,358,036.00 Euro, with a monthly increase for the year 2024 of 112,645.75 Euro.
More ….
The ALMEGUE PROJECT is situated in an area of the land use plan for the Castelo de Bode Albufeira of 2003 (the POACB). There is a pending new land use plan to replace the POACB of 2003. As so far no project has been started in the reserved area of the POACB of 2003, the real fear is that the Almegue project cannot continue with the pending POACB; all caused by Fidelidade who deliberately refused to pay the damage not later than the end of 2017.
After the fire, in the beginning of 2018, and after a warning of the President of the Camara of Serta, Fidelidade was informed in written about this pending problem; No reaction at all!
If that will be happen, it will result in an extra damage claim to Fidelidade of 9,105,500.00 Euro, being the value of the project of 60 high quality chalets plus the loss of profit on the project development.
Independent of any reason or (external) delay or any other development that has affected the amount of damage since the end of 2017, Fidelidade is fully responsible for all of it.
More ….
The justification of the Fidelidade lawyers in using this special legal process
In justifying the use of the “Acao Especial de Consignacao em Deposito ” process n court,
the Fidelidade lawyers state in the LAW part of the initial petition :
” there are doubts about who constitute the creditor (article 481 CC);
doubts as to who the creditor is arising from the existence of several possible creditors,
all not being the fault of the applicant (for the consignment, the debtor Fidelidade)”.
A crystal clear,shameful and mind-blowing lie, as Fidelidade is fully responsible for this situation created with its own double insurance contracts. on the same properties.
And of course every one who receives an insurance contract from Fidelidade and paid the annual premium is perfectly known to Fidelidade. Not admitting that is complete nonsense.
Moreover, every one with a valid insurance contract can present to Fidelidade a damage claim for an insured incident and based on that contract and the general conditions can expect a payment of his damage.
However, in this case, and Fidelidade and its lawyers know that exactly, only the financial claim of van Es/Transes International is based on valid insurance contracts, while the other claims, introduced by Fidelidade and its lawyers in this court process, are not based on valid insurance contracts (see before); All, from the beginning, very well know to Fidelidade and its lawyers. Again a shameful and fraudulent lie and a manipulation of the court:
The Fidelidade lawyers in this process are also avoiding (as much as possible) to speak about, the consequences of the previous court case against Fidelidade in the Santarem court.
De facto the present process is legally a continuation of the Santarem court case with all its already proven facts – also valid in this process – , its sentence and the refusal of Fidelidade to execute the sentence. That only happened in February 2018, 6 month after the wildfire and with the since June 2017 pending damage claims from the wildfire, while the Santarem court case was not finished.