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K5 v Akfinans Bank | Where to Now?

K5 v Akfinans Bank | Where to Now?WITHOUT PREJUDICE

With the win on the 4th of December 2014 at Kyrenia District Court, the Judgement by Judge Talat Usar in favour of the Kulaksiz 5, we are all wondering, what comes next. Please bear in mind, I only know the bank are thought to be Appealing this judgement but have had no definite confirmation of this.

Of course they do have the right to do so and are normally given a time period within which to do so. I have no idea what that time period is since although I do now have a full copy of the judgement, I do not speak or read Turkish and no one has really explained what it says to me. At the bottom of page 25 it says

“A Court has power to set aside its own judgment, even without the authority of a Rule of Court, where it is proved to the satisfaction of the Court that the judgement has been obtained by collusion or fraud.”

It says this in English and it is clearly relevant since this is exactly what the Judge appears to have done. The Judge appears to have ordered that the Kocans on the properties put in by Akfinans Bank be set aside and the old ones 7763 (the one my villa is on) and 7739 be reinstated; I can find nowhere in this judgement where I am excluded from this order.

I am being told I am, because of the alleged fraudulent transfer of my property into a third party name, a person who coincidentally named as a Director of Akfinans Bank Limited on an Onay Belgesi dated the 17.02.2009, mine cannot be changed.

Is this another cynical act on the part of the bank to be allowed to deny me again? Another disregard for the rule of law since they never ever obtained a Court Order to take my villa? They broke into my villa by forcing a patio window, gained entry and changed my locks, isolated and disconnected my electricity supply and my written statement of complaint to the police about this breaking and entering and a vehicular attack was totally ignored by the POLICE.¹

Is it right that having suffered so much at the hands of these people, I should now be the only one to continue to suffer?

I am not looking for a remedy from anywhere else but the villa I legally contracted to buy, attempted to have put into my name as soon as I received my Permission to Purchase and was thwarted from doing so by the existence of mortgages, the court has now described as fraudulent. I reject any other suggestions that I should look for redress from property owned by the landowner. I have been down this route and have found, to my cost, it is heart breaking and does not work.

I can see no reason for singling me out to be treated differently to the other K5 purchasers, unless of course, it is to punish me.

Never give in never give up.

Source

¹  http://northcyprusfreepress.com/law/police-called-after-akfinans-bank-employees-late-night-visit-to-kulaksiz-5/

Pauline Read

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16 comments to K5 v Akfinans Bank | Where to Now?

  • Polly Marples

    Naomi Mehmet did not do her job properly and when she found out just how much she had screwed up, still she worked harder at keeping the source of more clients, i.e. developers happy than ever she did putting right the terrible wrong she had done to here client.

    If she were half as good as she thinks she is, she would have gone down the FRAUDULENT mortgage route or better still told her client the truth, she knew there was a mortgage on her villa and for once in her sorry life, put her client before her greed for money.

    Sadly this is duplicated time and time again in a lot of Advocate’s offices all over Cyprus.

  • Wallet and Gromit

    Probably kicking herself now, she could have had all those legal fees and half of your awarded costs in her pocket too!

  • Polly Marples

    One good thing that came out of Pauine’s Breach of Contract being kicked into touch is that the £2000 she was expecting as the costs, was never realised, so she got nowt.

    I think it is outrageous that ANY advocate having been paid up front for their services, having expected the client to pay costs awarded against them, expects to keep the costs awarded in the clients favour as a quasi bonus. Only in north Cyprus, where justice laughs in the face of reason.

  • Polly Marples

    http://www.cyprus44.com/forums/15540.asp

  • Miltiades

    “Only in north Cyprus, where justice laughs in the face of reason.”

    You have just realized !!!

    I think the thousands of G/Cs who have had their ancestral lands STOLEN, with many sold to you low down cheapskates, would agree with you !!!

  • AM

    Don’t forget all the TC’s who bought said property Milti happy

  • Miltiades

    The T/Cs had no options available, the cheapskates did.

    The T/Cs were the victims just as much as the G/Cs were.

    Polly thinks SHE deserves justice, spare a thought for the thousands dispossessed of their rightful properties by TURKEY.

    She has thrown her full support behind the invader and occupier of MY family’s ancestral lands. Do I feel sorry for her and the likes of her ? You …bet !

  • Polly Marples

    “Only in Cyprus, where justice laughs in the face of reason.” GC’s and TC’s sold knowing they had or were about to mortgage the same property with the collusion of the banks and the blessing of their governments TRNC Turkish Republic of Nationlised Corruption. ROC Republic of Corruption….only difference is the initials.

    “The T/Cs had no options available, the cheapskates did.

    The T/Cs were the victims just as much as the G/Cs were.”

    Usual rubbish Mutley. The TC’s like the GC’s could have acted honestly, they chose not to, they chose to sell your land, which came first the seller or the buyer, the answer to this conundrum is clear….the dishonest TC seller in the north, the dishonest GC seller in the south, both scum of the earth.

    Yes Pauline did support the intervention caused by the Greek Military juntas coup and their interference on the island. She did not, nor does she condone any unnecessary killing.

  • Miltiades

    Rubbish, as always. You demand …justice.
    Why not appeal to your mates, Turkey, they may just …help you.

    I bet you regret selling your property in the free part and moving into the pseudo state. You deserve justice? sO DO I!

  • Polly Marples

    Yes, your self examination of your posts is correct. Rubbish as usual.

    Have a nice day, Happy New Year….perhaps 2015 will see you getting your ancestral goat shed back, that would be nice for you.

  • Miltiades

    Maybe you will ….give up!!!
    Enjoy the rest of your life away from the crooks !

  • AM

    I have to say Polly your post above is a true and honest account of the situation in Cyprus…. well said.

    The usual crap from Miltiades its all about me me me is his attitude and the constant denial of any wrongdoing by the GC,s in all of this.
    The attitude of these idiotic people people will never change so they get what they deserve….. nothing.
    so all we have to look forward to is brain dead old farts like him coming on forums like this spreading bad news and bad mouthing anyone who dares to disagree with him.
    Does he not yet realise that nothing has changed in nearly 50 years…. the sad old git … just look forward to another year of being bitter and twisted.
    Its eating away at you Milti…..time to do something about it I think .

  • Miltiades

    Listen Stupid.
    Want a bet ? Find just one post from me that denying that the G/Cs were not guilty of any wrongdoing. Just one Stupid, otherwise shut it.

  • AM

    You only have to look at the constant tirade of abuse you level at Turkey and the innocent Turkish people who have come to Cyprus to find a better life for themselves and the constantly abusive posts to Brits for supporting the TRNC and its clear for everyone to see your onesided views.

    I will turn your question on its head shall I…. show me one just one of your comments that levels any criticism at your own people… go on just one.

    I think the only one who looks stupid on here Milti is yourself.

  • Miltiades

    I have been constant in my vociferous condemnation of corruption, greed, nepotism and extreme views so prevalent amongst some of my G/C compatriots,not least my utter disgust ay those responsible for sawing the seeds of extremism and hatred.
    Now shut up stupid.

  • AM

    Ok lets do this as though we are still at Junior school shall we.

    Extremism & Hatred towards who ?