North Cyprus Law | 7 Years of Misery and Counting

North Cyprus Law | 7 Years of Misery and CountingWITHOUT PREJUDICE

North Cyprus Law | 7 Years of Misery and Counting

On the 14th September 2010 at 8.30 am, by pre arrangement, Agile and I met with Mr Denktas, an employee of the Tapu office in Girne, and took him in our car to see the properties covered by the Memorandum (formerly an Injunction) on one of the Kocans for, we thought, valuation and measurement purposes. We thought it strange that Mr Denktas did not ask to be taken to the other site in Arapkoy that the Memorandum also covered but assumed he knew what he was doing. I did report this to my Advocate but she did not seem fazed by it.

This old article covers the court appearance that followed this.

“Kulaksiz Construction Limited misjudges the judge
Saturday, October 2, 2010 by Name & Address Supplied

Yesterday I attended court for what I believed to be a routine hearing to clarify the boundaries, value etc .of the property/land encompassed in the Court Memorandum granted when I won the Breach of Contract Action at Girne District Court on 6th November 2009. I was awarded the sum of £120,000 as repayment of the purchase price paid to Kulaksiz Construction Limited, costs, expenses including the overpayment for electricity for four years on builder’s tariff. I had waited the six months stipulated by the Court before I was able to pursue this money, that time being given for the Defendant to be able to Appeal or to come up with the money awarded to me voluntarily.

As soon as was permitted my Advocate has been following the legal procedure necessary to obtain permission to sell this property/land to obtain my award. So the hearing yesterday was to confirm the exact plots and for Denktaş Bey from the Tapu to attend Court and confirm that all was in order.

Imagine then my surprise when I found Latif Dansik the new Director of Kulaksiz Construction (former plumber, very bad at that too), Cabir Guney, brother of former Director of Kulaksiz Construction Abdurrahman Guney who we know has absconded back to Turkey plus another employee of Kulaksiz Construction known only to me as Jem, together with yet a different Advocate. The purpose of this delegation? To object to my being given permission to sell their assets.

Please bear in mind, they had 13 months of Court hearings to defend their position and they failed to. They had six months to Appeal the Court’s decision or to come up with the cash for my award, and they did not. It is now eleven months since I won the Breach of Contract Award and yet they think they can wander in at any time and cause me more anxiety and stress. Unbelievably, they could.

The Advocate acting for Kulaksiz Construction made his speech to the Judge and my Advocate spoke very strongly against whatever it was their Advocate said. Denktaş Bey from the Tapu gave evidence from the witness stand and seemed to be getting a good ’ticking off’ from the Judge. My Advocate and Denktaş Bay had a little sparring match. The Judge spoke quite sharply to the Advocate for Kulaksiz Construction and then Latif Dansik, Director of Kulaksiz and well known but little respected plumber, made the cardinal mistake of speaking when he had NOT been spoken to, oh dear, you just do not do that in this Judge’s court. Suddenly we were all getting up to leave. My Advocate said, ok finished. I said what happened. She intimated the Judge had thrown out Kulaksiz’s attempt to scuttle my case. I said what happens next. She said, we now apply for permission to sell. Thank God I am party to the ECHR case because quite frankly, when in the dim and distant future we do get this permission, who the hell would want to buy anything built by Kulaksiz, my only hope rests on the plot of land, which ironically, overlooks Amaranta Valley.

You have to understand Kulaksiz believes themselves innocent victims in this saga. They take no responsibility for their former Director’s actions, despite the fact that he is the brother of most of the senior members of the company. They take no responsibility that they have delivered to Kulakszi 5 badly built villas, using unskilled inexperienced workmen and poor quality materials or that they were party to a mortgage that has ruined the lives of the owners. They introduced DELETED BANK into the lives of vulnerable, old and frail people, ill equipped to fend off the intimidation and threats being made to them by this Bank through their Advocate Because of the poor quality build and bad workmanship, those living in Kulaksiz 5 are desperately trying to weather proof what they believe are their homes ready for the winter and with little expertise and no money to do it with. Kulaksiz have washed their hands of their problems and refuse to help.

To me personally, today’s appearance in court by these people, constituted yet another attack by them, proving that they will stop at nothing and that they are entirely without remorse or conscience. That in the pursuit of money they will walk all over anyone who gets in their way. I will admit that their presence in the courtroom had me shaking, I felt physically sick and thought at one stage I would disgrace myself by fainting. I thank God that the Judge is a man not to be trifled with.

Before leaving, Cabir Guney who does not speak English had his employee Jem tell me that he was going to see the Turkish Ambassador in Lefkoşa that afternoon, because he felt the TRNC were not treating them fairly.

Words fail me.

You Couldn’t Make It Up”

I never came to north Cyprus to live my life this way. I followed the dream, bought a villa, followed the legal route to the letter and look where I am today. I have had almost seven years of misery and it looks set to continue. Just let me get my £120,000 plus 4%, it is not as if I am asking for anything other than the money back I have spent.

Never give up never give in

Pauline Ann Read

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