Contest other party

As Fidelidade included fake and false claims into its legal action to manipulate the legal process, it also served as an invitation for an additional contest of a group of previous promised buyers.

As already explained before these claims in this legal process are fake and false for three reasons. In 2004 the promises contracts were already legally resolved, and the outcome of the legal cases in the court of Santarem and Lisbon in the period 2014-2015. See before, the chapter about the court case in Castelo Branco.

In principal the owner of the Almegue project and its properties has nothing to do with these (false) insurance claims of these previous promised buyers who received an insurance contract from Fidelidade based on a property they do no own since the beginning of 2004.

Legally, It is purely a matter between Fidelidade and those people who, strangely enough, paid the premium of their insurance contracts until the moment of the wildfire in June 2017.

Payments made in spite of the invalidity of their insurance contracts very well known to Fidelidade, who accepted these payments. Another act of fraud?

A main part of the contest made by Dr Caspar Fereira on behave of 5 previous promised buyers is against the (now) previously Transes companies in Luxembourg. Not very useful, as the real facts, based on various official documents, can be summarized as follows:

The real Facts

In 2000/2001 the promised buyers together with Fidelidade canceled on the basis of falsified insurance cancellation cards all the insurance contracts of the houses build in the Almegue project – a criminal act without indictment.

Fidelidade substituted the contracts of Transes International Sa by new ones on the same properties, belonging to Transes Investments SA, in name of the promised buyers.

In January 2004 all the promised sales contracts were legally canceled by the Transes companies, followed by a court case against the previous promised buyers in the courts of Coimbra (starting) and Lisbon (finishing).

It happened after the promised buyers started a serious court case in Breda, the Netherlands, with the aim to get the Almegue project and to bankrupt the Transes companies. A legal process that finally failed in 2006. The process, including appeal, took 2 years and blocked the development of the project by the Transes companies complexly.

The previous promised buyers refused to return the houses after the legal cancellation of the promised contracts, thereby blocking the development of the Almegue project by the Transes companies allowed by the POACB of 2003.

It resulted in a financial damage for the Transes companies in Luxembourg of 7.517.491,= Euro for the period 2004 – 2015/2016. Not possible to collect as these people have no financial means.

The court of Santarem sentenced Fidelidade to restore 7 of the illegally canceled insurance contracts of Transes International SA, but the ones for the previous promised buyers were kept valid.

In 2015/2016 the court in Lisbon declared in its sentence that all the previous promised contracts were invalid and all transactions made on these contracts must be reversed.

Not completely strange after a court process delay of 12 years, as the previous plots of land legally valid after the approval of the urbanization and project plan by the Assembleia Municipal in February 1999. were, after the new POACB of 2003, never legally identified due to the project blockade made by the previous promised buyers from 2004 to 2015

The sentence resulted in an execution problem for the previous promised buyers, as the contracting Transes companies in Ireland were already resolved at least 15 years ago. The last one the most important one Transes Investments Ltd dissolved in 2008.

So far no legal action against the Transes companies in Luxembourg took place for the repayment of previous sales prices (would be a doubtful action).

Due to the illegal and criminal action of the promised buyers in 2000/2001, resulting in the cancellation of the insurance contracts of all houses in the Almegue project, and as not all contracts could be restored by the court in Santarem, this group is responsible for the remaining financial damage not covered by the existing insurances.

The additional financial damage in prices of 2023 (reconstruction costs of the uninsured houses) is 2.8 million Euro.

Therefore the so called offensive enrichment and demanded right of retention as mentioned in their contest against this legal process, is nothing more than a fairy tale. The people owe the Transes companies millions of Euros in pending and uncollectible financial damage claims as they do not have the resources (see above).

The sales price for the project (houses + lands) in 2005 of 1.316.000,= Euro was paid by Jan van Es from the interest the companies owed him for the given loan of 8 million Euro in 1999.

Jan van Es, privately, has since the end of 2003, when he resigned as director, no legal responsibilities for the Transes companies, that stopped working in Portugal since 2004.

Strange action!

Finally, there is also something utmost strange. Officially the chalets were never returned to Transes or van Es. The keys of the chalets were never handed over, and maybe more strange is that they kept paying the premiums for the Fidelidade insurances until the wildfire of June 2017; Major proof: their presented damage claims to Fidelidade. Most likely, the chalets were so far never returned officiallyin accordance with the Lisbon court sentence.

Fraudulent Actions

Fidelidade and its lawyers knew very well that the insurance contracts, issued in 2002 on chalets being the legal property of the Transes Group in the Almegue project, were for certain legally not valid any longer (insurance law 72/2008, 16 0f April, articles 43 and 44). Still Fidelidade and its lawyers included the claims of these 5 previous promises byers into this process. False claims resulting fom fraudulent actions (see also the article about orchestrated financial crime of the Blog)