Akfinans Bank Manager allegedly involved in illegal villa break in

Break inI, Pauline Ann Read, can confirm that on the 30th July 2010, three people associated with Akfinans Bank Limited entered my villa. The villa was locked and secured and to gain entry these people forcibly entered my villa, changed the locks, isolated the electrical supply and switched it off.  In gaining entry to my villa they broke a lock on a patio door and a window. On being challenged by my partner, Mr Smith, and asked who they were, one of these persons told Mr Smith he was an Akfinans Bank Manager. Although the Police were called by me personally, they did not attend.  The Muhtar of Karşiyaka later told me that he had been called on two occasions by the persons intending to break in that evening but had been otherwise engaged and did not attend. Statements and complaints were made to the Police later.

When questioning them on their actions Mr Smith told the Akfinans representatives that he had called the Police to which they responded that so had they. Mr Smith said ‘good, let’s wait for them’; at this the three men jumped over the wall and ran to their vehicles. One vehicle, which we presume held the locksmith and a child who had been on the wall outside, drove off immediately. The other made a deliberate manoeuvre directly at Mr Smith forcing him to jump out of the way to avoid being hit. This incident was witnessed and the witness eventually gave the police a statement to confirm this. This story never changes because it is the truth.

When questioned by a former journalist employed by Cyprus Today, Mr Akan Kurşat allegedly stated that the reason the car was driven at Mr Smith was because he had a baseball bat.  The reporting of this matter to the police has been dealt with in a recent article by me. Interestingly, though this statement was in an article in Yeni Duzen sometime later, Mr Kurşat later insisted that the police had completed their investigations into our complaint and that he had not been there and the incident did not happen. He had witnesses to prove he had not been there. If that is true, and he was not at the villa, then how can he know whether the incident occurred?

Why am I telling you all this again?  Well in a statement made by the Bank in Kıbrıs Gazetesi they allege that the locks had been broken by residents and if their insinuation is about us, then I totally refute this allegation. I am pleased that they state that they are taking legal action for eviction of the residents they allege to be illegally residing in their properties.  I do wish they had afforded the same legal right to myself and Mrs Eva McCluskey.  At least the other residents will have the opportunity to answer their claim and be able to exercise their legal right to oppose the claims by Akfinans Bank Limited.  Had I been given the opportunity, and had the court ruled against me, I would as a law-abiding person have handed the keys over to whoever the court directed me to.

Akfinans Bank Limited chose to arbitrarily repossess my villa in violation of Constitutional law and The Universal Declaration of Human Rights. Two separate legal opinions concurred that it was a criminal offence and yet the Police threatened me with arrest if I put a foot in my own garden. Prior to the Auction, I did quite legally remove the things I required, which I had bought to improve my home.  After the auction I removed nothing but I still maintain that until a court orders me to surrender the villa following eviction proceedings, or I receive the court award I won through my Breach of Contract Action, I have an equitable interest in 5 Demokrasi Sokak.

On reading the Statement made by Akfinans Bank Limited you could be forgiven for believing that the foreign nationals they refer to are squatters. They are not. They are the elderly frail pensioners who in good faith invested their life’s savings in a dream home, signed Contracts, paid stamp duty to the Government on those Contracts, followed to the letter the laws involved in-house purchase, only to find that after their purchase a Bank gave the Builder and the Landowner mortgages using the land no longer available for this purpose as security; totally without the consent or knowledge of the new owners of the land which on which their homes stood.  Indeed they were kept in ignorance of this transaction until 2008, a period of almost three years.

Now they threaten to prosecute us under a law that was designed to reinforce confidence in the Banking system. I cannot believe that the Law makers intended this law to be used for this purpose when they put it on the Statute Books.

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