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A Cypriot shows us how to solve property problems

planThis account was taken from Cyprus44 bulletin board and details the plan of action that one member, Ismet (elko2), has to sort out his daughter’s property problem. Here is his story:

My daughter bought from Boyut Construction two years ago and her villa was supposed to be finished last year. They are one year behind and nobody knows when it will be finished. That’s why she was looking for a new villa and today we shook hands with a villa owner in Çatalkoy. My next step is for me to sue Boyut. We are in a favourable position because:

a) We have a share Kocan
b) The boss of Boyut signed the sales agreement in person as a guarantor (guess who drew up the contract?)

I am going to sue them both for late delivery, i.e. the company and the boss, at a rate of £500 pounds per month. He can take his time as much as he likes. I will be getting Powers of Attorney from the buyers (my daughter and her husband) and I will sue them in that capacity. I intend to conduct the trials in person, and after I get a judgement let us see if they can wiggle out of it. I think I know all the tricks in the book, so let them try it. Good luck to them.

Theoretically I should be able to represent anybody with a POA but that should raise a few eyebrows from the judges. Even in my case, I will let my wife file the case but the plaintiffs will be my daughter and her husband represented by me. Then my wife will not attend the court in Girne and I will tell the judge that I am ready and willing to go ahead. So it sounds like a nice formula.

A member of Cyprus44 asked if there was any way the progress of the case could be documented but Ismet explained that  he did not expect you to “publish” what happens until everything was concluded as his account could be an excellent source of information. He went on to say that:

assuming that the other side will try to postpone a hearing as long as they can, it will be January before I can get a judgement and that gives me another nine months to take out writs and then bankruptcy proceedings to force them into a corner.

Here is a list of foreseen steps:

1. Search at companies house for registered address;

2. Send official notices of demand for late delivery so far. I am not cancelling the contract, hence I am not asking for full damages, only for late delivery so far;

3. File a case against them and also ask for an injunction against their properties;

4. They will put in a “memorandum of appearance”, otherwise I will be free to ask for judgement against them in their absence;

5. They will not file a defence in time and thus I will file a “default” application against them;

6. They will ask for extension of time to deliver their defence. This will be repeated a few times;

7. File reply to their defence and ask for a date for a hearing;

8. They will try a few delaying tactics, e.g. not coming to court – either the defendants or their advocate for which they will express some sort of  an excuse.  I expect a couple of postponements;

9. Eventually there will be a hearing and judgement in my favour. I will ask Cyprus44 help to prove that the going rate for rent in the Ship area is about £500 pm, the amount I will be asking for;

10. Take out writs against the defendants.

11. Writs will eventually be returned as the defendants will not have any “immovables”;

12. I will use the returned writs as evidence that they are not able to pay their debts and start bankruptcy proceedings. This is not a well known procedure but I’ve done this before and I hope to find guidance from the notes I compiled and gave to the judge in my previous case. If not I will have to compile them again;

13. In parallel to the bankruptcy proceedings I will ask for forceful sale of the assets of the defendants. These assets will include some properties already sold to other buyers!

14. I will file a new case for late penalty for another twelve months so, as I pointed out above, I will be filing cases for every 12 months and let him pay me rent at £500 pounds a month. I am not in a hurry for him to finish the house.

If the plaintiff cannot be found and I am not able to service him the file, I will do this by publishing it in a daily newspaper. It’s no bother for me. I hope he does not have the money to pay for a defence. One way or other, I will move against his personal assets plus against the assets of the company.

Another member of Cyprus44 posted that there was a rumour that Boyut was meant to be in army until February and that Ismet would will have to get in the queue behind the banks. Ismet’s reply was that he was not worried and that he didn’t intend to line up in a queue. He hinted that he had a few tricks up my sleeve and that members were to “watch this space!”

Another member asked what could stop him legally transferring his personal assets to his relatives, and therefore putting them out of Ismet’s reach, that was if he has not already done so? Ismet indicated that fraudulent transfer of assets is a crime and that he was just the person to go after him if he did this. Also, Ismet wrote, as long as Boyut is a director of the company or if he does any work elsewhere, he could apply for an order from the court to make him pay him monthly instalments and if he does not he goes to prison for one month at at time. Ismet explained that he could follow him very closely and send him to prison for a month every couple of months for disobeying a court order. Ismet explained that normally he was very gently and always look for a compromise but in this case this was not true. Ismet then went on to describe what had happened to him a few years before:

Somebody tried to avoid payment to me by transferring his property to his brother. I went after him and filed a case of fraudulent transfer and asked the court to cancel the transaction. I got them into a very tight corner and they agreed to pay me about €20,000. They borrowed the money from the bank, paid me and I withdrew my case. Now he has brain tumour, he needs money, wants to sell the property but his brother does not want to give it back to him. That is another risk!

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