North Cyprus Property News | Kulaksiz 5 v Akfinans Bank | Hearing 28/11/2012 | Girne District Court

North Cyprus Property News | Kulaksiz 5 v Akfinans Bank

As you may all be aware, there is not one owner of the Kulaskiz 5 properties who would claim to be a ‘spring chicken’. All the more reason you would think for a caring society with a fair legal system to get on with it and bring justice to of these victims in the Autumn of their lives.

Yesterday the scheduled hearing for the Kulaksiz 5’s main case was adjourned until the 19th November 2012. However the spokesman of most of the group has a birthday around that time and had arranged to spend this special birthday, his 70th, with his friends and family in the UK. Bob is an important member of the group and may well be needed to give evidence in this case. When he first made other members of the group aware, it was thought that it could not be changed. However, with a little help from their legal team who are excellent, the date has been pushed back to Wednesday 28th November 2012. The reason for the adjournment yesterday is that the K5 have submitted an amendment to their case and clearly this will need to be studied by the Bank.

The temporary Interim Injunction given on the 19th September to the K5 will be reviewed again on the 17th October and is expected to be extended yet again. It is important to note that nothing here can be taken for granted.

Below is an article from June 2010, it walks you down Demokrasi Sokak and Katip Sokak and tells you about the people who became the victims of the Bank. Who would have believed such a thing could happen in the 21st century, but happen it did and is still wreaking havoc in the lives of the people affected. Add to this the 1400 plus more victims living on their nerves whilst this case plays out.

Who will Akfinans Bank possibly be evicting from their north Cyprus homes?

Saturday, June 5, 2010

Akfinans Bank Limited, I know someone from your organisation is following this series of articles so today, instead of us all being just names on your court documents, let me tell you about the real people whose lives you are about to decimate.

The name of our road in Kašiyaka is Demokrasi Sokak, I hope the irony is not lost on you.

The first house is occupied by Camilla, who has just remarried after being a widow for 9 years. Camilla was married to Yuksel Yilmaz’s brother who tragically died in a road traffic accident leaving Camilla to bring up her two children, Ali and Fatos, alone. Both Fatos and Ali are teenagers now attending University. Camilla has found a new love in her life and, instead of enjoying being newly wed, she and her family now worry about losing their home.

The second house is occupied by Osman, Hattice (Yilmaz’s sister) their three children Handi, Yusef and Emre. As a community and before the mortgage reared its ugly head, we all attended Yusef and Emre’s circumcision party. Hattice’s mother (Yilmaz’s mother and original owner of the land until she became too ill and signed it over to Yilmaz) also lives there as she needs constant care.

The next house is empty and belongs to the villain of the piece, Yuksel Yilmaz the landowner.

The next villa is owned by me, Pauline Read, and I lived there with my long term partner Chris (Christopher). I suffered from pericarditis (inflammation of the sac the heart sits in) which left me with chronic bronchiectasis a permanent condition. The spores generated by the damp in the house were giving me difficulties with my breathing so we are living elsewhere but until my court award is paid or you, AKFINANS physically remove me, I retain ownership.

The next villa is occupied by Bob and Jan another retired couple in their late 60′s. Bob has noticeably lost weight and I know Jan has ongoing health problems.

The next villa is owned by Irene and Anthony; Ant to his friends. They mortgaged their home in the U.K. to buy this villa ready for retirement. They double manned as a husband and wife team a heavy duty vehicle and delivered goods all over Europe. Ant aged 60 has developed a large stone in his kidney and has had three unsuccessful operations and is now in permanent pain and discomfort. Irene aged 58 had a burst appendix requiring an emergency operation. When they operated they found a tumour and she now has to go into hospital for further operations to have part of her bowel removed to stop the tumour spreading. She cannot work. There is no income coming in. They cannot pay their U.K. mortgage which would be non-existent had they not borrowed money to buy their villa in Demokrasi Sokak.

The next villa is occupied by Jel and Jo and Charlie dog, we call them Mike, Mike and Mike. Charlie turned up at their house and adopted them – you all know how that goes.

The next villa was owned by Walter and his wife. Both were in their late 70′s. Sadly, Walter died a few months ago, the stress did not help him during his long illness and his wife has lost heart in the whole situation. Our sympathies are with her. They never got to live their dream. The next villa is owned by Rachelle. Rachelle developed breast cancer whilst this stressful situation was occurring and we all know there is a direct correlation between stress and cancer.

The next villa is owned by Arline who has advanced multiple sclerosis, a condition that is most certainly exacerbated by stress. Arline is no longer able to deal with this situation and her son Richard is acting on her behalf and is actively involved in campaigning against the injustice.

The next villa is occupied by Marion and Dave another elderly couple whose lives are being torn apart by stress.

The next villa is owned by Brian and Margaret, also retired and also suffering from the stress created by this situation.

The last villa is occupied by Mike and Phil. Mike is an 87 year old ex spitfire pilot. Phil in her late 70′s is recovering from a hip replacement operation, the stress will obviously delay the recovery process.

None of us won the football pools or the lottery, Ernie didn’t pick out a large prize premium bond. We all worked hard, saved hard and funded our dream. We dared to dream of a better end to our lives in paradise. Please do not make it Paradise Lost. Akfinans Bank Limited you can end our nightmare by doing the right thing.

The Auction is tomorrow Sunday 6th June at the Coffee Shop in Karsiyaka Square. Bring all your Turkish Cypriot friends. Bring your mother, your father, your brother, your dog. Turkish people join us. Swell the numbers. Let us show Akfinans Bank Limited how unpopular what they are doing is. Please behave and do not put yourself at risk. I love you all for caring.

If you care – be there

There have been a few changes since this was written, Jo and Jel Clarke allegedly have paid the money demanded, no details of how much have ever been made available. However if the case is won by those who could not or would not pay, one suspects that the precedent will benefit them too. Also at that time the ex-pat owners believed the Turkish families were also victims, subsequent events have led them to believe that far from being victims they may well have been party to this alleged scam.

Let us now pray that the north Cyprus legal system will recognise that Mortgage law 11/78 section 21 has been broken and rule in favour of the Kulaksiz 5, allow them to live in peace, return to the rightful owners their properties and pay substantial compensation for the stress and trauma their lives have become during this terrible time in their lives.

It is abundantly clear to me as a layman that if the the Bank lose this case, they cannot be allowed to keep any part of the Kulaksiz 5 site, that to allow this would be an anathema to those who wish to continue to live there and a travesty of justice to those deprived of their possessions.

Power to the people

Citizen Smith

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