North Cyprus legal system – a law unto themselves

So the Kulaksiz 5 are to face yet another Appeal Court with the same case.  Judge Usar states his two main reasons for denying the request for an Interim Injunction as :

1. The buyers group had withdrawn a similar law suit before.

Does that mean that had they continued with that case, they may well have been granted an Injunction? If the facts were the same as they are now, why should that matter and form part of the basis of the refusal? It certainly makes no sense to me. As I have stated previously, Gunes Mentes (also the Advocate for the Orams) was acting for the group and I was not party to that case. I cannot understand why, if it were such a strong case Mentes allowed it to be withdrawn. Of course, not having been a party to this case, whatever I say has to be hearsay. I do know, however, that the then group approached him in July 2008 and indeed say they instructed him to start proceedings against Akfinans Bank Limited, but by January 2009 allegedly he had done nothing.

2. There is no legal provision to inform homebuyers about mortgage being taken out.

In other words a Homebuyer’s nightmare is a Fraudster’s dream. Again, I understand that mortgage law 11/78 states that the Central Bank should notify all Banks that its rules cannot be ignored by creditors and the creditor should search and declare any house on any secured land.

3. There was also much made of the fact that having found out about the Repossession proceedings, the Kulaksiz 5 made no attempt to join the case.

That is not strictly speaking the truth. We only found out about the case on the 9th July 2008 at a meeting with Ertul Kader, Manager of Girne Branch and part owner of Akfinans Bank Limited, and he was adamant it was too late for us to do anything because the Hearing had finished and all that remained was the Verdict from Judge Mehmet Turker.

It is also not true because, just a few days from the expiry of the time period to launch an Appeal against the Order, I did lodge an appeal with the High Court, that was in May 2009. I have to wonder if Judge Usar had been made aware of that. In January 2010, and after many meetings in Chambers with a Judge, and indeed on the day of the first hearing, the Judge was convinced in Chambers by Akan Kursat to throw out my Appeal, or so I was told. I am publishing a series of e mails from that time, you can make up your own minds:

January 18 2010 1.54 – My email to the Advocate.

“I am extremely disappointed with today. As the weather is so bad and our road particularly muddy, perhpas you could arrange for a summary of the ‘hearing’ to be e mailed to me. Whilst doing so can you confirm whether our case was thrown out or withdrawn, I know you are both very busy so it would avoid my taking up you valuable time”

Regards,
Pauline Ann Read

 

January 18 2010 23.20.29 – Reply from Advocate

Dear Pauline Read

“I understand from **** that the following took place during yesterday’s hearing.

Before any proceedings had really commenced, the lawyer for the bank, Av. Akan Kursat, informed the judge Mr. Mustafa Oztok, that you had already obtained judgement in relation to this matter against Kulaksiz Construction in the Kyrenia District Court and that, therefore, this case should not be heard. The Judge agreed and informed **** that he did not think it was right for us to seek two remedies in relation to the same set of facts and that as we had already obtained judgement against Kulaksiz, the case should not continue. Further, he stated that even if we were successful in cancelling the previous judgement given in favour of the bank, this would only result in us being allowed to be** part of the proceedings which would have to be re-initiated by the bank and that, the outcome would still be the same because by law, the mortgage has priority over other interests in the property. Therefore, the case was not allowed to proceed. It was not withdrawn by ****.

Unfortunately, there will be nothing further we can do in relation to this. We must now wait and see whether Kulaksiz Construction Limited will make payment within the 6 months, otherwise, we will commence enforcement proceedngs “

**part of the proceedings – important wouldn’t you say in light of Judge Usar’s words.

January 22 2010 6.37.37 – E mail received from Advocate

Dear Pauline Read

“The High Court ordered that you pay the defendant’s legal costs. The amount is not stipulated in the order. The defendant’s lawyer has requested £1000. If you object to that amount the Court Registrar will calculate the amount based on court guidelines. She has checked the guildelines which stipulate a cost of around 3400TL for this type opf work.

£1000 is less than this, therefore, **** believes it in your interests to pay it rather than dispute it.”

Regards

January 22 2010 4.22 p.m – Repy from Pauline Read.

“Please confirm in writing that the sum of £1000 was awarded by the High Court, otherwise I cannot pay this”.

Pauline Read

January 22 2010 6.02.58 – Reply from Advocate

Dear Paline Read

“In relation to the recent High Court Case, the defendant’s lawyere has submitted the invoice for costs in the amount of £1000. We will need to make payment of this to Av.. Akan Kursat urgently. I would be grateful if you could bring this money to the office on Monday so that we can make the payment.”

Kind regards

January 22 2010 6.33.51 –  Reply from Pauline Read

“Please send me a copy of the Invoice from Av. Akan Kursat so I can post it on the internet. Beggars belief, they take my house and now they want me to pay them to do it.

I DID NOT HAVE MY DAY IN COURT. All good material for my book though.”

Pauline Read

January 24 2010 1.48.42 – E mail from Pauline Read to Advocate

Dear

“I shall bring the £1000 into your office sometime Monday. Please ensure that Akfinans Advocates invoice and the court order copies are available for me to take away with me then”

Many thanks

Pauline Read

January 25 2010

I arrived in the office of my Advocate. A member of staff was sent to tell me that they had not yet received the copy of the Invoice or a copy of the Court Order, therefore they would not take my money until they did (like I was about to part with it?) She suggested she should phone me when they did.

January 26 2010

I received a phone call from the same member of staff I had seen at my Advocate’s office the previous day. She told me that my Advocate had been to Lefkosa Court and had been told that if I withdrew the case I would not have to pay the £1000, if I did not withdraw the case, it would be thrown out and I would have to pay the £1000.

January 26 2010 3.15.30 – E mail from Pauline Read to my Advocates office

Hi ******

“Thanks for the phone call of this am.

My understanding is that contrary to what I had believed, my case had not been thrown out, but if I indicate that I wish to continue it will be thrown out. I will not have to pay Akfinans Advocate £1000 if I withdraw but I will have to pay Akfinans Advocate if I do not withdraw.

What a crazy system, I withdraw the case under duress.”

Needless to say, I never received a reply to this or heard anything again about paying this £1000. I did write on my copy of this e mail THIS STINKS and underlined it with a green marker pen.

I am convinced that Judge Talat Usar has no knowledge of any of this.

So here we are today, no further forward. The two remedies the Judge referred to are but a pipe dream, no remedies and in my case, no villa either. My Advocate tells me she is not allowed to chase the Land Registry regarding the auction of properties to pay my award. Do I believe that – what do you think?.

At least Judge Usar recognised one thing, my right to stay in the Kulaksiz 5 -v- Akfinans Bank Limited cases. I shall stay in to the bitter end. There will be no eviction hearing for me since my villa has already been respossessed forcibly and illegally.

I have withdrawn from the financial side of the Kulaksiz 5 group in that I see no merit in paying a share in expenses of other members to do what I am paying Boysan Boyra to do. I have not withdrawn from the case. I have one more payment to make within the fixed price Boysan Boyra gave us and I will pay that as soon as Bayram is over. I will of course continue to pay my share of all Stamp Duty on current and furure cases. I will not take any money from the Kulaksiz 5 legal fighting fund.

I will continue to campaign vociferously for all Property victims including Kulaksiz 5. I will continue my work with the Stop the Blackmail in North Cyprus Facebook Group.

Never give in – never give up.

Print Friendly, PDF & Email
Share

Comments are closed.