Akfinans Bank | Can the TRNC Legal System Deliver Justice?

Today the legal team for Kulaksiz 5 returned to Girne District Court to receive the next date for the Main Case in their ongoing legal battle to retain their properties at Kulaksiz 5 in Karsiyaka. The new date given is Wednesday 10th of October 2012 and will take place at Girne District Court. The Appeal against the decision given in Girne District Court, the decision to deny the K5 group an Interim Injunction (to stop the bank selling their homes) will continue in the High Court in Lefkosa on Wednesday 19th September 2012. The Eviction hearings are also continuing in the Girne District Court.

For those who do not remember the sequence of events that led to the need for legal action, here is a summary:

1. March and November 2005 – Without the knowledge or consent of the true owners, Akfinans Bank Limited loaned money to Abdurrahman Guney (Kulaksiz Construction Limited) and Yuksel Yilmaz (Landowner). The amounts borrowed being £1,600 sterling in March 2005 and approximately 100,000 Turkish Lira in November 2005. The initial interest rate appearing on the mortgage document at that time being 250%pa and documentary proof of this interest rate has been published.

2. In early 2008 whilst registering their Contracts of Sale under the then new Estate Agents Law, the true owners of the Kulaksiz 5 properties were made aware of the mortgages for the FIRST time.

3. On the 20th November 2008 the legal action taken against Guney and Yilmaz concluded with the Bank winning a court order to repossess the properties belonging to the Kulaksiz 5 true owners. At that time the Judge also allegedly changed the interest rate on the loan to 80% per quarter compound.

4. On the 6th June 2010 with the necessary legal permission, the properties at K5 were Auctioned off and the Bank bought the whole site.

5. On the 31st July 2010 the Bank allegedly illegally broke into and took the villa of Pauline Read and the well known alleged vehicular attack took place.

6. The villa belonging to Eva McCluskey has also been broken into and taken by the Bank in another allegedly illegal act.

The Bank initially claimed that they were unaware of the existence of properties or purchasers on the land they took as security for mortgage purposes. However the existence of a survey report commissioned by the Bank in March 2005 proves this claim by the Bank to be false. It is also alleged that the Advocate claimed, and a Bank family member swore on oath in a court of law, that they did not know of the existence of property and purchasers in the case that culminated on the 26th August 2011 in which the K5 lost and which is now the subject of the Appeal to take place on the 10th October 2012. Is this perjury?

Despite the many ignored attempts of the late Mr. Denktas to convince the Attorney General to initiate a full and impartial enquiry into the legality of the mortgages, he was ignored. There is now a complaint with the Attorney General submitted by Pauline Read on the 6th April 2012 and this complaint has had a Prosecutor appointed to investigate her allegations.

This sorry saga trundles slowly on, eating away into the meagre financial resources of the Kulaksiz 5 and clearly will continue into 2013. Is there no one in the Government with the courage to say ‘enough, this cannot continue, this country has badly wronged these people by allowing this to happen? Let us now do the right thing by them.’

Surely the Government can see what a blind man could see. The stress is killing these frail pensioners, not just metaphorically but physically too. Shame on those who could act but choose not to.

It would seem that justice will have to come from the ECHR case submitted by Kulaksiz 5 some time ago, unfortunately the rules insist that all domestic measures have to be exhausted before the case will be heard in Strasbourg. Clearly, all the Kulaksiz 5 will also be exhausted or dead before this happens.

Power to the people.

Citizen Smith

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