Not Everyone is Sharing the Burden of the Kulaksiz 5 Court Costs

WITHOUT PREJUDICE

As I have said before, keeping silent is not in my opinion the way to combat the many many villains in the property scams. Silence is our enemy, evil thrives in dark places.

Talking of darkness, it would seem that the application to Judge Usar, yet again for an Interim Injunction which was heard in July and August of this year, happened without my knowledge. All well and good if it did not involve me. Imagine then my surprise and horror when I asked the K5 legal team these questions when I met them at the High Court Court on 20th September 2012.

Q. The application to Judge Usar in July/August, was I named in the case?

A. Yes

Q. Were any costs awarded against the K5 litigants?

A. Yes

Q. How much

A. 1000 lira

Q. Was the method of collection given in the Judge’s decision the same as the way he allowed it to be collected when K5 lost the case we are Appealing today.

A. Yes.

For those who do not know, the Judge gave the Bank leave to obtain the costs from any member of the K5 litigants or all the litigants. The Bank chose to come after me for all the costs. I was in the UK the first time the Bailiff arrived with a Writ for the costs and, because of what happened to Geoff Day when he was arrested getting of a plane at Ercan, Agile made sure he had enough money to pay there and then at the airport when I arrived back on TRNC soil. However this did not happen. Instead the Bailiff arrived at a court hearing for the K5 at Girne District Court on the 9th February this year with two plain clothes police officers also present.

Clearly if I had not paid the costs, I would have gone to jail. I am only responsible for 1/9th but today, 21st September, I am still waiting the share from Richard Barclay who refuses to pay.

I made it clear to the legal team that if this happens this time, I will offer my 1/9th and if it is not acceptable I will go to jail. It is unconscionable that this should be allowed by the courts, it is intolerable that I should not be made aware of each and every case I am named in. I have made everyone involved aware of my feelings in this matter.

I have been assured that the costs will be collected from us all and paid into the court before a Writ can be issued. I do hope this is the case because an innocent old woman going to jail for other people’s debts will not go down well with the press.

This is another anomaly; even though we had not had the Appeal heard the costs were able to be collected – why? I am told the costs will never be returned even if we eventually win the Appeal; although we may well be awarded costs of our own. I told the legal team that if this happens I insist I receive Richard Barclay’s 285 lira he owes me from this money. I was told that I would.

Pauline Ann Read

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