Pauline Read and Akfinans Bank mortgage scam – update 26/4/2010

I am now anxiously awaiting pay day. The Judge gave Kulaksiz Construction Limited six months to come up with the £120,000 awarded to me for their Breach of Contract and further secured my Injunctions on 3 villas and a plot of land by issuing a Court Memorandum on them. Needless to say, Kulaksiz Construction have not come up with the money and I seriously doubt if they could come up with a dolmus fare at the present time.

On May 6th we will be able to proceed to obtaining an enforcement order and then to auction the items covered by the Court Memorandum.   There is a little poetic justice here, one of the villas is occupied by the brothers of Abdurrahman Guney one of  the signatories on my Contract.  Don’t waste your pity on these brothers however, they are all part of the same scam and were all employed by Kulaksiz Construction Limited.  Abdurrahman Guney has predictably done a ‘runner’ back to Turkey as has the landowner Yuksel  Yilmaz, former Manager of Pegasus Airlines in their Lefkosa office.

The time spent on obtaining the Breach of Contract was 13 months. During this time I had three different Judges hearing the case. Interestingly, the second Judge was the same one that gave Akfinans Bank Limited their judgement.  Silly me, I thought wrongly that it would then be an open and shut case since he knew all about the mortgage and had a copy of my Contract in front of him which specifically prohibited the taking out of a mortgage.  There were six other breaches, but the mortgage was by far the most serious.

After the summer recess there was a big shake up Girne District Court and my case was taken over by the third Judge.  Although I was somewhat despondent at first, this was the best thing that could have happened.  The new Judge took no nonsense from the defendant or his Advocate.   The Advocate effectively ‘sacked ‘ the defendant in the Court at one of the hearings.  Abdurrahman Guney (the defendant) turned up at the next hearing with the new director of Kulaksiz  Construction Limited. He was known to me as the plumber who had fitted my bath so badly it looked like a reject from the Titanic (the ship – not the nightclub) and he then proceeded to flood my house. I was threatened with being ejected from the hearing as I was sitting with my hand in the air trying to get my Advocate’s attention to make her aware of who this new director was.  The Judge gave them six days to find a new Advocate. At the next hearing,  the old director and the new director turned up yet again without an Advocate  – the Judge saw through their ploy and there and then found in my favour.  The new Judge took  just 2 months .

Once I have received my award it will be interesting to see who I hand the keys to: KULAKSIZ CONSTRUCTION LIMITED or AKFINANS BANK LIMITED

My neighbours on Kulaksiz 5 chose another route and now face eviction by AKFINANS BANK LTD.

I know that with the exception of one villa, all the properties were sold at the time Akfinans  Bank Limited granted the mortgage. Surely it is standard practice to send out a surveyor before granting a mortgage. That surveyor would have found a fully built on site and it should have sounded alarm bells, unless of course the landowner and the bank manager happen to be ‘best friends’ and  well aware of the status of the site already. Even the unsold villa was complete and sold weeks later, did the Advocate acting for that purchaser carry out a Search? Of course not!!!

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