Kulaksiz 5 v Akfinans Bank | Milking the ‘Cash Cows’

Kulaksiz 5 v Akfinans Bank | Milking the 'Cash Cows'WITHOUT PREJUDICE

Where have I been, well folks, I have been on a much needed break for a couple of weeks but as usual there was much awaiting my attention on my return.

It seems Akfinans have been a very busy little bank in my absence having filed an application for a stay of execution on the court judgement given by Judge Usar on the 4th December and have resumed legal proceedings to evict the rest of the K5 property owners.

The very fact that they have lodged an Appeal against this judgement will achieve the delay of actioning the Judge’s decision and indeed, we must all be very aware of the fact that the three High Court Judges could overturn it and the bank could be the final winners. However, waiting would not achieve the degree of intimation these sort of actions will.

Why, you may ask yourself, is the lower courts accepting these cases when there is a High Court Appeal outstanding, clearly they think the cash cows have more money to be relieved of.

Doesn’t entering the court system remind you of the lyrics of Hotel California?

“Last thing I remember, I was
Running for the door
I had to find the passage back
To the place I was before
“Relax, ” said the night man,
“We are programmed to receive.
You can check-out any time you like,
But you can never leave! “

When I started this case with the other members of the K5, I was told by our advocate that the fee we paid up front was it, that no matter how long the case took, no more fees. Well guess what? Now I am being asked for more money, a lot more money with more needed in the future too.

Of course, part of the reason the bank are filing their allegedly time wasting cases is that they know it is costing us more and more and we cannot afford it. It must be nice to have so much money available to them, I just hope it is their own personal money and not the depositors money being used. Not of course that I am for one second suggesting they would do something so ‘naughty’.

Remind me, didn’t the Judge conclude that the mortgages given by the bank were fraudulent, and isn’t that ‘naughty?’

I am also very concerned with the practice of Advocates keeping the costs awarded to the winning side even when they have been paid for their professional services. If it was on a no win, no fee basis, I could understand it and telling me it was as agreed does not cut it with me. I personally never agreed to such an arrangement. I clearly remember almost ending up in jail when the bank were chasing the costs of a K5 hearing, so no, I would never agree to a heads we lose, tails we lose arrangement.

So the legal profession continue to make money and we continue to get nowhere fast.

A final observation. Mustafa Guner has closed the doors on his Facebook page, guess I found the right one. Clearly no conscience and no regrets from him.

Never give in never give up.

Pauline Read

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