Kulaksiz 5 v Akfinans Bank | Kept in the Dark


Kulaksiz 5 v Akfinans Bank - Kept in the DarkKulaksiz 5 v Akfinans Bank – Kept in the Dark

The K5’s case finished mid September, the 15 days for the two sides to give their final written arguments has also well and truly passed. We still await the judgement from the Judge Talat Usar. The residue of September and almost the whole of October has also expired and still we await the court date for the Judge to officially give his judgement.

I have checked and have been told the date has not yet been given. You forgive me I am sure keep double checking, I do have good cause since unless I ask, I am told nothing. If I were a stranger, I could forgive this, I am not, I am a petitioner and a fee payer and should be told everything that is happening in my case (and that of the other petitioners) long before the supporters of K5 and the press. The sad fact is, I am not.

So we wait. As indeed do the defrauded purchasers of Amaranta Valley property, victims of that well known felon Gary Robb. Hopes were raised by the TRNC’s Government promising to amend the Citizenship Bill so that they could facilitate the transfer of title to the purchasers. As I recall it, this would be on the agenda in Parliament in September but here we are at the end of October and no news. If this does happen and it achieves the transfer, will the purchasers be being handed a poison chalice? Time will tell.

What we all know from bitter experience, nothing happens in a hurry in TRNC, we could all be forgiven for thinking that ‘buying’ time is a strategy and that to outlive us all is the objective. It seems that strategy will work.

Never give in never give up.

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12 comments to Kulaksiz 5 v Akfinans Bank | Kept in the Dark

  • cyprusishome

    After all these years I think we all know why the judge is not rushing to make a decision!!!!

    As for Amaranta et al, there is no reason why Robb’s citizenship could not be removed after all he was given it under doubtful circumstances in the first place. However we all know who the prime minister was at the time and maybe there are some items that some wish to remain hidden. But we are mere foreigners who know nothing about this country.

  • Polly Marples

    Agreed CIH. However that MNCB is privy to everything about what is happening in Pauline’s case and she is not is outrageous. If it were the UK, she would have had this before the Law Society years ago

    What do we have in Lalaland, the Baro Council who just closes ranks against any client who dares complain about being treated like a pratt by one of their members.

  • It sure does make a mockery of “Justice must be seen to be done” –
    I despair of this country and its justice system, at times.

    When he’s good and ready, I suppose Judge Talat Usar will see fit to side with the Bank – but I guess he’s got to prepare his escape path before hand?
    Servants of the people ??? Don’t make me laugh.

    After 10 years I’m STILL waiting for my builder (Oray Construction) to hand over the deeds to my house – he has been paid IN FULL for it yet still wants more money from me. Blatant blackmail & worse seems to be the norm here.
    Beware anyone contemplating buying a house here – DO NOT DO IT.

  • Polly Marples

    Sorry that after so many years trying nigelh, still you wait.

  • Cyprus Sue

    Today the ROC Supreme Court has ruled that The Foreclosure Bill passed by the opposition parties is unconstitutional. The controversial Foreclosures Bill had threatened to derail the next tranche of bailout money from the Troika, as it violated the agreement and terms of the bailout.
    That well known saying “The Law is an Ass” is very apt when reflecting on the legal system in the TRNC and ROC. I often wonder if the Advocates and Lawyers on the island truly studied law or is this not a necessary requirement because the law is interchangeable depending on who is before the court, which judge is residing and who is defending or prosecuting?
    The debacle surrounding the Foreclosure Bill must have cost the taxpayer thousands of Euros in wasted legal fees, yet it has proved only one thing……….that a parliament full of Lawyers is incompetent. Weeks and weeks of sitting round the table to produce laws which are flawed, undemocratic and unconstitutional? Let’s hope that now the island’s commercial and cooperative banks, with more than 50% of their loan-book deemed as NPLs, will begin the process of dialogue with borrowers to recover assets, particularly from all those cash-rich businesses that have simply refused to pay back their loans. Thank you Troika this would never have been achieved without your input.
    In my experience the ROC and TRNC have a habit of introducing laws which are woolly at best. Remember the introduction of registering one’s property? This law was supposedly aimed at preventing developer mortgages or memorandums being taken out on property that had been fully paid for. We have lots of evidence to suggest this didn’t happen and it appears that several years later, the question of whether memorandums take precedence over registration, has yet to be tested. Similarly what about those “legally binding” contracts signed by buyer, seller and the legal representative stating that no memorandums, liens or mortgages would be attached and the developer would hand over deeds upon completion? Not to mention the illegal but apparently acceptable occurrence of then being asked to pay the builders taxes or a lump sum of money when you sell because the developer still has your deeds. It’s blackmail by most people’s standards but is better known as business in Cyprus, aided and abetted by the very person you employed to safeguard your interests. Where else in Europe could the house you have fully paid for be auctioned to pay the debts of the developer?
    Property problems though are not where we see the real rot, so ingrained in the justice system. As distressing as it is to lose your home and finances it can’t compare to the recent ROC cases of drivers mounting pavements, maiming children and causing the death of people through drink driving or running red lights. The culprits then receiving no more than a few points on their licences and a low financial penalty.
    Cypriot laws allow certain members of society to do as they please, even if it is criminally and morally wrong. They are not, as in most countries, there to protect citizens but to keep cronyism alive and kicking and protect their own vested interests.

  • Polly Marples

    Hard to believe that there are so many lawyers in the ROC parliament’

    More time wasted and it seems the next tranche of the bail out loan will not be released by troika until a Foreclosure bill with teeth is in place.

    It is incredible that in the 21st century an EU member country thinks it can protect defaulters and allow them to keep their assets whilst still in default. Only in Cyprus.

  • So very well put, Cyprus Sue.
    This island, both halves, is a total disaster as far as law and order are concerned.
    I wonder when it all started ??

  • Polly Marples

    It is in the genes of some nigelh, the gene that makes them ‘special’ so no law applies to them.

  • Miltiades

    In Philelefteros today there is news about a BMW ….stolen in Nicosia !!!

    It makes headlines !!! In the UK the theft of cars is put at 370,000 per annum. Some law and order !!!

  • fluter

    Not at all the same thing Milt. Britain is full of crooks, whereas the RoC………

  • Cyprus Sue

    Totally agree Miltiades. The theft of cars, especially young kids that steal to joy ride and put lives at risk, really needs clamping down on. Again often the punishment does not fit the crime and the parents also need to be part of the sentencing.I was reading about a lad of 13 years old arrested at 2am for committing this crime. What sort of parents would allow a 13 years old to be out at 2am? Some times kids are simply a product of their environment and parents need to be made accountable too. The Cypriot Government should also be seen in the same light. They should be role models, their integrity beyond reproach. A good parent would always hold the interest and well being of their child, close to their hearts, in the same way a politician should act in the best interests of his electorate. Once it becomes evident that politicians are willing to brake the law, to best serve themselves and their families, then they should be prosecuted, and dismissed from their posts. The world has enough criminals without them infiltrating Governments. The public should name and shame and demand removal of all politicians that have broken the law or acted in an unethical and immoral way.As we have seen in Britain, it is sad that we have to resort to this but if Governments will not act to remove ineffective or corrupt Government officials, then we have a choice: live with it and expect to have a second rate service or demand change and hold our politicians accountable. The fact that so many Government officials make lame excuses or try to justify their actions, even when the proof is well established, says much about their integrity and arrogance. The Cypriot people deserve a Government that is working hard to improve their lifestyles, not just the chosen few but all citizens.Politicians the world over are not trusted:least of all those who are seen to be law breakers.

  • Miltiades

    I agree with your viws CS, however do bear in mind the following:
    “There were nearly 2.0 million lone parents with dependent children in the UK in 2012, a figure which has grown steadily but significantly from 1.6 million in 1996.”