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Pauline Read interviewed about Kulaksiz 5 – part 3

Polly Marples: So exactly when did you submit your case against the Builder and Landowner for Breach of Contract?

Pauline: I accompanied my Advocate to the Court and Registered two cases against them. The first case was to ask the Court to give me Injunctions on land we had found still in the Builder’s name in the Girne area. The second case was to prove the actual Breach of Contract. Normally you would file the cases separately, but because my Advocate felt this would loose us time, she filed them together knowing that the Injunction hearing would be first and once we had been given the Injunctions, the main case, the Breach of Contract would follow immediately.

Polly Marples: On what date did you file these cases with the Court?

Pauline: We filed the cases with Girne District Court on the 17th September 2008 and paid the stamp duty necessary. We were then given the first hearing date which was the 19th September 2008.

Polly Marples: So you didn’t really waste much time between finding out about the mortgages on the 6th March 2008 to actually appearing in Court. Besides trying to reach a compromise with the Bank and the Builder and Landowner did you take any other action?

Pauline: Yes, I registered a complaint with the Property Complaints Office on the 22.10.07 and became number 132. Of course this was before I knew of the mortgages and was just concerned about the build quality but, as this was still an ongoing complaint, as soon as I did find out about the mortgages I did make the PCO aware of this new discovery. I also read the then Minister of the Interior was conducting a Meet the Minister meeting in Girne and although I did not meet him I sent all the details of the build problems to his Government Office. As this was September 2006, you can see I was involving the Government at a very early stage of the problems. The Minister at that time was Ozkan Murat.

Polly Marples: Did the Property Complaints Office achieve anything for you, and did Mr. Murat help in any way?

Pauline: No the Property Complaints Office achieved nothing and Mr Murat did not even acknowledge my letter.

Polly Marples: So now you had your Court cases up and running, what was the first hearing like and were you nervous?

Pauline: Yes, I was very nervous. The Judge, a lady, was very nice but of course we had the distinct disadvantage of not understanding a word that went on in the court. I was told that the case was adjourned because the Landowner had not been served papers aprising him of the intended injunction on a property found in his name in Girne. As it happens, it turned out that in fact the name Yuksel Yilmaz is as common as Joe Smith and the property we had tried to get the Injunction on did not belong to ‘our’ Yuksel Yilmaz so the money I paid in stamp duty, 400TL, was totally wasted.

Polly Marples: You are joking, surely?

Pauline: No it is absolutely true. Surely you remember Polly, I had you running round looking for properties, taking details of all the vehicles owned by Kulaksiz and Abdurrahman Guney and Yuksel Yilmaz. You were checking if the ‘garrets’ the Turkish familes lived in were registered in Yuksel Yilmaz’s name at the Land Registry?

Polly Marples: Oh yes, do I remember, hiding behind hedges, holding you back when you saw Yuksel Ylmaz because you spat on the floor every time you saw him. It was a very trying time living so close to the author of all your problems who you had befriended and had let you down to badly. Did you eventually get your Injunctions put in place?

Pauline: After many adventures, including being called in to the Judge’s Chambers, when she asked me to go up to see the proposed villa and land we had asked for Injunctions to be put on and during that interview with the Judge the Builder told her that the one villa alone was worth £140,000 and I didn’t need any more than that one villa as security. The Judge wisely said I should go and look before she made a decision, just to be sure that what the Builder was saying was true.

Polly Marples: So did you go and look, and was it true?

Pauline: Yes I went to look and no, it was not true.

Polly Marples: It wasn’t, what did you find then?

Pauline: Well, when we got to the villa in question, there was a for sale sign on the gate, surely you remember Polly, I sent you into the agent posing as Mrs Smith and you obtained the Sales particulars, it was on the market for £79,750.00 fully furnished and the Builder had told the Judge it was worth £140,000, It seems it was part of an Estate and that the owner had died.

Polly Marples: Oh yes I remember; that builder couldn’t lie straight in bed. Did you look at the land whilst you were up there?

Pauline: Yes, it looked like a prime piece of land but sadly overlooking the Amaranta valley, the site Gary Robb had left unfinished with so many more victims’ money lost to the Property Scams.

Polly Marples: Did you have anyone with you to show the land?

Pauline: Yes, Orhan Cimer the Builder’s then right hand man, he told me that Kulaksiz had intended to build a Restaurant and Market on the land eventually. I did not have any compunctions in asking for the Judge to put an Injunction on this.

Polly Marples: So did you eventually get the Injunction you wanted?

Pauline: Yes we did, eventually we got temporary injunctions put on two different sites in Arapkoy, one of them the villa belonging to Abdurrahman Guney but still in Kulaksiz’s name.

Polly Marples: Why only temporary?

Pauline: It gives the Builder a chance to appeal. He did not but by the time we had them made Permanent we also had a change of Judge.

————– Part 4 to follow ————

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