WITHOUT PREJUDICE
Pauline Read aka The Kulaksiz ‘1’ v Akfinans Bank Limited.
It is very disturbing that the High Court removed from the Kulaksiz 5 v Akfinans Bank Limited even though the Lower Court Judgement that was being appealed had made no such suggestion.
It almost seemed like deja vu, because I had tried to Appeal the 2008 judgment when the bank had been given leave to auction our homes at Kulaksiz 5 site. After much time spent in preparing this case for the High Court, I never did have my day in court, Akan Kursat managed to convince the High Court judges that I did not need two remedies for the same problem….knowing full well that I had not received the award….and blow me down…the judges in the recent appeal have used this ‘award’ red herring yet again.
They know full well that the High Court cancelled the case where I won the award back in 2013. So there you have the same reason for denying me justice and to this day, I have never received one penny of my money back and indeed have spent further thousands of £’s trying to do just that….get my money back.
I wrote this back in 2009…does this sound like a ‘con’ to you. I wonder if they intended to share my £1000. Does it sound like my advocate got cold feet and chickened out? I am much wiser now and realise that if there was no court hearing, there would never have been any ‘costs’ awarded.
High Court case number 1/2009 Pauline Read -v-Akfinans Bank Limited
“When the TRNC High Court threw out my case against Akfinans Bank, because I had won the case against my builder, I thought that was the end of the matter. You can imagine my surprise when at the end of last week I received an e mail from my Advocate which read:
‘In relation to the recent High Court Case, the defendant’s lawyer has submitted the invoice for costs in the amount £1000. We will need to make this payment to *********************** urgently. I would be grateful if you could bring this money to the office on Monday so that we can make this payment.’
Not unnaturally I queried this and was informed in writing that the High Court had ordered that I pay the defendant’s Advocate’s legal costs. I was also told that the amount was not stipulated and that if I objected the Court Registrar would calculate the amount based on court guidelines.
My Advocate checked the guidelines and felt the costs would be around 3400TL and since Akfinans Bank Limited Advocate was asking for less than this, it would not be in my best interest to dispute this. I realised that I had no choice but to pay and so emailed back to say that I would pay this amount but that when I brought the money to the office I would expect to receive a copy of the invoice and court order before parting with my money.
I went in on Monday with the money but was informed that Akfinans Bank’s Advocate had not supplied a fatura and therefore they would not take the money from me. I most certainly would not have parted with it unless I saw and obtained a copy of the Court Order. I was told I would be phoned when they had the required paperwork.
On Tuesday morning I received a phone call from my Advocate’s office telling me that my Advocate had been talking with someone in Lefkoşa at the court and that if I withdrew the case then I would not have to pay the £1000 costs. If I did not withdraw the case, the High Court would throw it out and I would have to pay the £1000 costs. Now, I thought they had already thrown it out but as it looked like I had no choice I decided to withdraw the case but my words were I WITHDRAW THE APPEAL UNDER DURESS.”
How can anyone ever trust such a system. I know I do not.
Pauline Read
a.k.a The Kulaksiz ‘1’
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