Cyprus Law | Review of TRNC Advocate Mehmet Kaptan Bensen

North Cyprus LawyerWITHOUT PREJUDICE

I made you all aware of the fact that I now have a new Advocate, Advocate Mehmet Kaptan Bensen. In the short time he has been my Advocate he has undertaken three projects:

1. Accompanied Agile and me to the Police Station. Gave a very professional and true account of the situation resulting in my NOT being warned, indeed I was thanked very courteously for attending the Police Station.

Now it seems the complainant has returned with more spurious complaints resulting in another phone call to me to attend the Police station. This time my Advocate Mehmet Kaptan Bensen spoke to them. I will not attend the Police station unless the Police are insistent. If this happens, I will be levelling complaints, genuine complaints of my own. In the 21st century that member of the public should be so shamelessly wasting police time and resources must be dealt with firmly and finally.

2. Without any prompting from me, Mehmet said we must visit the Tapu about the enforcement order I received following my successful Breach of Contract case which I won on the 6th November 2009. I think it would be true to say a ‘fire’ was lit and I do expect some action to result from it.

3. Concerns about my Permission to Purchase for the house Agile and I now live in.

On the advice of Naomi Mehmet, my former Advocate, it was decided to use the same file that had been given Permission to Purchase on my villa at Kulaksiz 5 site. As you all know I did invite the builder to transfer title on this villa in June 2008, but due to the mortgage taken by Akfinans Bank Limited, the builder was unable to comply with this request. The builder was not in a financial position to repay the loan, caused mainly by the application of interest rate of 250%. You have to wonder at the mentality of anyone entering into a loan bearing such a usurious rate of interest.

I digress. In Feb 2011, I was told my PTP had successfully been processed, and was ready to be sent to the Council of Ministers for the final signature. Mehmet Kaptan Bensen has found out that indeed my file was sent for this signature on the 29th March 2011 and was shown the paper confirming this.

Both Agile and myself have chased my PTP by going to the PTP office and on one occasion having an interview with Dr. Celebi, the open email below explains it all:

“WITHOUT PREJUDICE

This is an open e mail which will be published on North Cyprus Free Press.

Dear Dr Celebi,

I was really interested to read of your promises to those with properties near to Military bases in yesterday’s edition of Cyprus Today, seemingly now those affected might actually be given their Permission to Purchase. Of course there are those who would argue that the Estate Agents who sold properties so close to the bases, and indeed the Advocates acting for those purchasers, could perhaps have acted more professionally when selling and conveyancing those properties. However, it seems that you may now have the solution and for that we must all be grateful.

We have met, Dr. Celebi, on the 29th July 2011, to be exact, you will recall I sent you an e mail confirming our meeting and your promise of help. I distinctly remember the advice you gave me, ‘do not worry,’ which of course that was an invitation to worry. I never heard anything further from you.

I know my file is in a drawer at the Bakan (Ministry of the Interior) I have sent further e mails to you, have requested help from the Minister of Finance, have inboxed the Minister of the Interior and yes, you have guessed, like you they too ignore me. I cannot complain of inconsistency.

I have had the pleasure of reading the contents of a letter from that file in Halkin Sesi and can only assume that anyone who comes to the Bakan requesting a looksee at my file is given free access, especially if the name starts with K and ends with R and he is on the Encumeni Commitee. Privacy and the invasion thereof seems of little consequence to the current administration even though it is a violation of my Human Rights. The same article called for my deportation and frankly nothing surprises me any more.

What do I expect as a result of this email. Nothing, it is what I always get. My file has been awaiting the signature of the Council of Ministers since February 2011 and I guess if I were going to be given permission, I would have received it by now. I surmise a certain Bank has decreed I will not get it and no one in authority has the courage to disobey them.

Regards

Pauline Read”

I did not receive a reply to this or any other private email I sent to Dr Celebi.

Interestingly, the article in Halkin Sesi, dated 2 March 2012, contains information only available to the Bank through access to my Permission to Purchase file.

On Monday Advocate Mehmet Kaptan Bensen visited the Ministry of the Interior, which I am told is sort of the equivalent of the British Home Office.

He visited the office that processes the application and they confirmed it had been successfully processed and forwarded to have the final signatures of the Council of Ministers on the 29th March 2011. However, when visiting the office it should be with, it could not be found. How strange, this is the second time my file has gone missing, however on the first occasion it was found again. I think we can be fairly certain it was not missing around the 2 March 2012 when some details contained on that file appeared in Halkin Sesi and to a lesser extent in Yendizen newspaper.

It was suggested to Mehmet Kaptan Bensen we resubmit my Permission to Purchase application with an assurance that we can use all existing checks taken by the PTP processing office. This is what we have done.

Last night I met with Mehmet, who lives in Nicosia, on the island on the bypass in Girne to give him all the paperwork needed, including my Metropolitan Police character reference from December 2009. It cannot have changed, I have lived here since 6 May 2006. Now you tell me, which Advocate would meet you at 7.30 p.m on an island in Girne to take the paperwork that will enable him to submit the PTP application first thing this morning in Nicosia?

I can confirm that Mehmet Kaptan Bensen, hand delivered my 2nd Permission to Purchase application to the Home Office first thing this morning, with a promise to me and them, that he would be chasing its progress every two working days.

It would seem that at last a new breed of Advocate is emerging, whose first loyalty is to his client and who feels he does have a ‘duty of care’.

Anon

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