Kulaksiz 5 are Fighting Two Concurrent Battles in North Cyprus

The folks on Kulaksiz 5 and those in the UK who still have possession of their villas are fighting two important battles at the moment.

Against Eviction: I can sort of understand, but totally disagree with it since I do not believe the Judge who gave the Repossession Order on the 20th November 2008 had the full facts put to him when he gave that order.

For Electricity: The second I find bizarre in the extreme, a legal fight with the Kib-Tek authorities to be able to keep the electricity which the Prime Minister, and then a Court Order, authorised its continued connection.

Let us look at the first battle. Having bought the properties at Auction on the 6th June 2010, the Bank repossessed two by very criminal means and totally without Court sanction and are now are taking the legally prescribed route to take the others. Firstly, one has to ask, should there have been an Auction? I believe that there should not have been for the following reasons:

1. I do not believe Yuksel Yilmaz signed the loan Agreement dated the 11th November 2005. Surely someone at the Tapu should NOT have accepted what appears as only an initial on it, I believe that Abdurrahman Guney signed it using the Power of Attorney he had from Yuksel Yilmaz but that the Power of Attorney did not extend to signing for such a loan and that Abdurrahman Guney knew this because the Advocate acting for another buyer had pointed it out to him on the 14th September 2005. The Mortgage Loan Agreement states the security is land.

2. The recent discovery of the existence of a Survey carried out by Unsal Gurok on the 29th March 2005, confirmed the existence of property at various states of build on the land. This report was commissioned by the Manager of the Girne Branch of the Bank.

3. The evidence given by Abdrurrahman Guney at the hearing that finished on the 26th August 2011. Mr Guney confirmed that not only had the Bank been aware that the properties were there, but by the 11th November 2005 most were either almost or completely finished and that some were lived in by their rightful owners. Mr Guney allegedly also said that the Bank had received the Contracts of Sale from him to inspect.

The Mortgage Law of the TRNC has been totally disregarded, this law allegedly acknowledges the rights of the purchasers and gives them precedence over theĀ  mortgage holder under section 11/78.

The second battle is one I cannot begin to understand the reason for. You recall that the villa that Pauline Read owns was taken by very violent means on the 30th July 2010. After spending an exorbitant amount of money (Bank money?) on this property Ertu Kader moved into it and allegedly uses it at weekends. He locked and secured his meter box and declared his intention to use the electricity as he pleased and his expectation that the very people the Bank had wronged would be expected to pay for it. Now it is very important to note, not one of the legal owners of the villas at Kulaksiz 5 are in arrears with their share of the communal bill, still charged at Builders’ Tariff rate of more than twice the normal domestic rate. The only arrears are those caused by the use of the electric by the Kader family.

The Prime Minister intervened, when Kib-Tek on the instructions of the Bank disconnected the supply to the K5 site, and ordered its reconnection. A court case confirmed the reconnection. Now Kib-Tek are fighting the Court Order. A Nationalised Industry are going against the Prime Minister’s wishes – why – who is pulling the strings of the Kib Tek authority? Not the Unions, who as we saw when they picketed BRT for non-payment of a huge arrears situation were lambasted by their ‘bosses’ at Kib-Tek and also by the Minister of Finance. It would seem the rank and file members of El Sen, the electricity Union have a keener sense of right and wrong than those who run Kib Tek.

By what right do these ‘jobs worths’ use Kib-Tek money to persecute old people who do not owe them a kurus? They can argue that they are restructuring the payment arrangements with BRT, another Nationalised Company who they allowed to go on and on consuming massive amounts of electricity whilst still owing huge sums for that already consumed, yet they take pensioners to court for arrears in a communal bill they have fully paid their share of. The Kader family owe the arrears not the Kulaksiz 5 so chase them. I know they will not so again I ask, who is pulling their strings at Kib-Tek, and whose palms are being greased?

The way things are developing in the Kulaksiz 5 case does not bode well for a domestic solution. It would seem that they will have to take that long long route through the ECHR court and bring further shame and disgrace on this beautiful country. A country that deserves so much better. More shockingly it looks as if Turkey will be left to foot the bill for something that is not their fault.

Power to the people

Citizen Smith

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