Kulaksiz 5 v Akfinans Bank | Lefkosa High Court 19/9/2012

WITHOUT PREJUDICE

The residents still living on Kulaksiz 5 are in a virtual state of siege. On Wednesday of next week September 19th, they attempt to get the High Court to see the sense of not allowing the Bank to sell their villas before the final outcome of the cases are known.

Such a small thing to ask and something that would not need to be asked in most civilised countries where the concept of INNOCENT until proven GUILTY is the norm. If the courts do not grant this common sense Interim Injunction, what happens if eventually the courts do find in favour of the Kulaksiz 5 but the Bank have sold their homes on? What an unholy mess that would be. Yes of course they could start a long and expensive court case to order the Bank to compensate the victims, but that is not what the Kulaksiz 5 want, they just want the basic Human Right to be able to live in peace in the homes they have bought and paid for.

Mortgage Law 11/78 section 21 is on the statue books and has been since 1978. The application of this Law will return their RIGHTS to them, why is there such resistance to this LAW? Will this law actually be used to justify Kulaksiz’s case on September 19th?

The world is watching what is going on in north Cyprus with regard to the property issues. Soon the world will be able to read personal accounts of what has happened to victims at the hand of the villains in north Cyprus, not all are home-grown, but all have one thing in common, they believe they can act with impunity in north Cyprus without consequence. Law 11/78 refers to none adherence to this law as larceny, is north Cyprus brave enough to take on those who broke this law and punish them? Time will tell.

Friday, 25 March 2011

Akfinans Bank issue a press statement.

This statement was posted to Kibris Newspaper on 23rd March 2011. It has been translated from Turkish, therefore the translation may not be 100% accurate.

Our Bank has felt compelled to issue a statement following lies and false written newspaper reports and visual news concerning the Kulaksız 5 site in Karşıyaka.

Akfinans Bank Ltd. holds the title deed for the said houses located in Karşıyaka Girne, which was undergoing construction. There are residents that are illegally residing on the site and action has been taken against a group of foreign nationals for eviction, which has come after they broke the locks of a house and caused damage to the house; they than intentionally made a statement claiming that they are the rightful possessors of the house and claimed that the locks in question were actually broken by our bank and they took the initiative of trying to make a wrongful impression to the public.

The bank immediately informed and has made a criminal complaint on the matter to the TRNC Attorney-General, Girne Police and Lapta Police. However unfortunately this matter was reported intentionally in certain press without making any kind of proper research into the matter and has distorted the matter by reporting in a one sided manner to the general public.

We would like to remind that according to the Banking Law 39/2001, Article 53, any unfounded reporting or news undertaken by the respective person which will damage the reputation or harm the bank is considered a criminal act, we therefore would like to reiterate our belief that the Police, the Higher Press Authority and other respective authorities will enforce the stipulated sanctions, and would like to inform the public that we have commenced legal proceedings against the respective press or people that have intentionally reported wrong news to the public as Akfinans Bank Ltd

Akfinans Bank Ltd

Akfinans Bank are wrongfully presenting the residents of Kulaksiz 5 as criminals. They are implying that the residents of Kulaksiz 5 are living there illegally, and they are threatening action against the residents. They are threatening legal action against any media outlet in North Cyprus who are publicising the injustice faced by the Kulaksiz 5. It would appear as court did not go entirely their way this week; they are now attempting other means to put pressure on the families of Kulaksiz 5.

So many attempts have been made to make the ‘powers that be’ see the rightness of the Kulaksiz 5’s position. The Bank can continue to cry foul, poor us, we are the victims but who is going to believe them. Just look at the evidence stacked against.

1. They ignored Mortgage Law 11/78 section 21

2. They commissioned a survey in March 2005 but still submitted a mortgage document to the Tapu claiming the mortgage was on land.

3. They entered a mortgage rate of 250% on the mortgage document and then claimed they never intended to charge it , it was there to take

into account inflation. If this is true how did 100,000 lira (Nov 2005) become 2,077,000 lira ( June 2010)?

4. They broke into and illegally took possession of the villas of Pauline Read and Eva McCluskey (no court order).

5. They have intimidated and harassed those still living on the site, there very presence in No. 5 is seen as a threat.

These people are being treated like dogs, not living breathing elderly human beings. Their Human Rights are being ignored by a country that cries ‘foul’ to the rest of the world for violating their Human Rights. Until they learn to respect the Human Rights of those living in north Cyprus how can they expect the rest of the world to respect theirs? You have to give to get.

Power to the people

CITIZEN SMITH

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