Kulaksiz 5 falsely blamed for North Cyprus Akfinans Bank property scandal

I am getting sick of reading the false accusation that Kulaksiz 5 did nothing to address the situation concerning the mortgages so somehow they have some responsibility for them. This is the garbage AKFINANS BANK LIMITED are now peddling to the press.

We first knew about the mortgages around March 2008 when we went to register our Contracts. The new Estate Agents law allowing this came into force at the beginning of 2008.

We only became aware of the legal action by AKFINANS BANK LIMITED to recover the mortgage at a meeting held in July 2008. Mr Ertul Kader led us to believe that the action was so advanced that after the summer court recess a judgement would be given. It was then, 20th November 2008.

An offer of £40,000 to clear the mortgage many years ago is a lie. The first offer came in December 2008 (see letter from my Advocate) A subsequent meeting of the residents revealed this was dependent on the sale of the unsold house belonging to Yuksel Yilmaz, the landowner. This house remained unsold until the auction on 6th June 2010, so that offer was never going to float.

I detail below the three legal case I personally pursued. This is the potted version:

Case 1

17.09.2008 Submitted papers for Breach of Contract Action and Application for Injunctions simultaneously.

19.09.2008 First hearing to obtain injunctions

25.09.2008 – until – 08.04.2008 concerned Injunctions being made temporary and then permanent.

13.05.2008 until 06.11.2009 Breach of Contract hearings culminating in winning the action.  28 appearances and 3 different Judges

Case 2

19.02.2009 Filed papers in case against Akfinans Bank Limited the basis of the complaint being:

1. I HAD A PRIOR INTEREST DUE TO THE FACT THAT MY CONTRACT WAS SIGNED AND STAMP DUTY PAID BEFORE AKFINANS BANK LIMITED ADVANCED THE 100,000 Lire.

2. AKFINANS DID NOT OBSERVE DUE DILIGENCE IN THAT THEY DID NOT CHECK IF IF THE LAND HAD BEEN BUILT ON OR SOLD TO ANYONE ELSE AND THEY DID THEREFORE NEGLIGENTLY AND RECKLESSLY PUT THE BANKS MONEY AT RISK.

23.02.2009 Advocate attended Girne District Court

25.02.2009 First hearing – no decision given – Advocate to see Judge in Chambers that afternoon.

03.03.2009 We had not been made aware of this hearing so were not there.

31.03.2009 Hearing attended by me plus Advocate

22.04.2009 Hearing attended by me plus Advocate

05.05.2009 Hearing attended by me plus Advocate, Advocate to see Judge in Chambers following Wednesday

District Court Judge decided case too important would have to go to the High Court.

Advocate had an informal meeting with a High Court Judge in Lefkoşa who studied the case papers and said he was not optimistic about us winning the case.

Case abandoned

Case 3

APPEAL, the Court Order awarded to AKFINANS BANK LIMITED ON 20th November 2008

15.05.2009 Accompanied Advocate to Girne District Court to sign paperwork for the Appeal.  On the same day my Advocate went to the High Court to lodge the paperwork

18.05.2009 Accompanied my advocate to the High Court in Lefkosa – Advocate saw Judge in Chambers – Judge agreed to allow the Appeal.

05.05.2009 Attended High Court with Advocate – Judge said Yuksel Yilmaz must also be served with the legal papers in Turkey.

26.05.2009 Another trip to High Court with advocate, Advocate went into Chambers, someone came out of Chambers and called for Abdurrahman Guney, Director of Kulaksiz Construction Limited. He was not there and he too needed to be served the legal papers.

28.09.2009 High Court again – Kulaksiz had not been served with papers, adjourned again YUKSEL YILMAZ HAD BEEN SERVED AT HIS PLACE OF WORK – HATAY AIRPORT – TURKEY

20.10.2009 High Court again – adjourned again

18.01.2010 Supposed to be full High Court Hearing. Advocates for Akfinans Bank and my Advocate in Chambers , 20 minutes later my Advocate came out and told me that the judge had thrown out my case because having won my Breach of Contract and the award. I did not need two remedies for the same problem. The case had been mounted set a precedent for my neighbours not for further monetary gain

Contrary to the claim of Akfinans Bank Ltd, I believe we were pro-active as soon as we knew.

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