Kulaksiz 5 v Akfinans Bank | The Silence is Deafening

Kulaksiz 5 v Akfinans Bank - The Silence is DeafeningWITHOUT PREJUDICE

I would like to be able to say that there is something new to tell you about our case….but there is not.

Following the decision of the 4th December 2014 and the bank’s application to have a stay of execution on this judgement until after the Appeal they lodged, we are still waiting for the Appeal date.

The courts are now in summer recess so we cannot realistically expect a date until the recess ends in late September. It will then be over 9 months since the decision the bank are appealing was made. It rather gives some relevance to my claim that the strategy the bank have is to outlive us. Two of the affected owners have died, so that’s two down and thirteen to go. It sounds as if I am joking, I am not.

Nothing about the way the bank have treated us is funny. Not even the way the estranged wife of one of the bank owners refers to me by my date of birth. The same woman whose father’s name now appears as owner of my villa. She clearly thinks it is okay to be living in and have photos of herself in my garden as a cover photo on Facebook. She cannot be unaware of how possession of my villa was obtained but clearly does not care.

By their own admission the bank manager/owner and the landowner have been friends since childhood.

The lower courts have judged that the mortgages placed on the K5 properties are fraudulent and it is for the Appeal court to decide whether they agree with this.

Look at the scenario. A well run bank would not have granted the mortgage in the first place. However, having done that, can you imagine a well run bank allowing any of its owners/former directors to occupy a repossessed property, albeit an illegally repossessed property?

Having done this, the bank allegedly try to distance themselves from this act by committing another fraud and putting it into the name of a father in law, who just so happens to be a former Director of the bank too.

The day I first found out my villa was in the name of Mustafa Guner, my advocate told me to find out who he was. It took me a few minutes since I already had a copy of Onay Belgesie in my possession. Did my advocate already know who he was? What I did not know then was that he was the father-in-law of one of the owners of the bank. Did my advocate already know that?

Now having had the judgement explained to me, my advocate tells me my case is different for the rest. Why? There is nothing in the judgement saying that. It is clear the judge has ordered all the properties to be put back into their original state…my property has not been singled out to be excluded from this judgement.

Indeed if Mr Mustafa Guner feels he has been cheated, then it is by his own kith and kin, not by me, so I suggest he sues the bank too.

My instructions to my advocate are simple…do as the judgement says for all your clients, and remember I too am your client.

Pauline Read

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4 comments to Kulaksiz 5 v Akfinans Bank | The Silence is Deafening

  • Polly Marples

    From Pauline’s fb page

    without prejudice

    So far in the pursuance of my villa with the current advocate I have paid
    £1500 as the initial fee, which we were assured was it…no more, no matter how long it took. Recently a further £223.00 and then £556 if I wanted to be part of the Appeal was demanded of me. I paid, as did everyone else, so that is £2279.00 x 9 . This does not take into account the hundreds of pound each of the 9 of us have had to pay in costs when we lost cases and the court fees we have paid. Yet the 20,000 lira awarded to us in the last case was considered a bonus by the legal team.

    Justice in Cyprus is expensive, they do value themselves very highly.

    I am part of the Appeal, but if I we win the Appeal and I am not treated exactly the same as the rest of K5, I will have to reconsider my options.

    Remember the court order banning me from my own villa was given till the outcome of the Appeal is known. That tells me the court acknowledge my case is the same as the rest of the K5 with regard to the judgement of the 4th December 2014.

  • Wallet and Gromit

    The family that own and run Akfinans Bank should be ashamed of themselves, but given the money involved I doubt they are or ever will be!
    I truly hope that the court forces them to refund all involved along with an award for a massive amount of damages to compensate for the suffering they have caused.
    I was surprised at the last court judgement, I trust that justice will take it’s true course and I will be completely dumbfounded this time.

  • cyprusishome

    The legal system world over is geared to one thing – earning lots of money for lawyers. Like all professions there are good and bad but right and wrong is not a phrase in the dictionary of most lawyers. We will never know what Kursat’s real thoughts are, he may deep down think Akfinans are wrong (stop laughing at the back of class) but they pay him a lot of money and that is his motivation.

    As for the Kader family, they definitely do not know right from wrong, they are evil to the core. I see no justice in North Cyprus and as long as this family continue to (apparently) “own” so much of the establishment justice will never prevail.

  • Polly Marples

    I feel there is some collusion going on. I believe those who have use of their villas in K5 will continue to do so. Whether or not they will ever get the kocan is an altogether different story.

    I believe the advocates acting for K5 will continue to milk them.

    I believe a deal has already been done whereby Akfinans get to keep Pauline’s villa and Eva McCluskeys too. I hope I am wrong.