Pauline Read’s Kulaksiz 5 interview – part 4

Polly Marples: You say you had a change of Judge, so was it the old Judge or the new Judge who signed the order for the Temporary Injunctions?

Pauline: It was the old Judge. The first Judge, Tanju Oncul, and I shall give you a copy of this for the readers to see.

Polly Marples: So you then started the Breach of Contract Hearing.

Pauline: We had to give the other side a chance to Appeal the Injunctions and of course the Injunctions had to be made permanent if the Appeal failed or did not take place.

Polly Marples: Forgive me for saying so Pauline, but what a palaver.

Pauline: I couldn’t agree more.

Polly Marples: So when you found you had a new Judge how did you feel?

Pauline: Well I felt a little confused; what about continuity I pointed out to my Advocate. Because of frequent and short hearings I felt the old Judge had had little opportunity to really know my case and now here was a completely new one. My Advocate said that it was normal to change Judges mid case and that it was on a rotating basis and not peculiar to my case. She also said it was a good change because now we had Judge Mehmet Turker the Chief Judge at Girne District Court at that time.

Polly Marples: Well the rotation basis certainly had you spinning Pauline. So did the Builder and Landowner Appeal against your Injunctions?

Pauline: No, in fact during the course of this, and because I was unsure that the Injunctions we had on a temporary basis were sufficient, my Advocate managed to find another property still in the name of Kulaksiz, that being the house that Abdurrahman Guney was living in, and managed to get this added to our haul.

Polly Marples: So you accepted the change of Judge, did you then get your Injunctions made permanent?

Pauline: I had no choice and, when I found out who it was, I thought that is the Judge who gave Akfinans Bank Limited the Repossession Order on the 20th November 2008, so he already knows that one of the 7 Breaches, the most important one, which could stand on its own as it is so serious. Yes I thought, he will need no convincing on the Breach of Contract.

Polly Marples: How marvellous, did it work to your advantage?

Pauline: No. When I pointed this out to my Advocate, she said no, it did not work that way, It seems the whole charade has to run its course.

Polly Marples: During this time, was there any attempt, outside of the Court case to come to an amicable agreement?

Pauline: Yes, in December 2008 the Builder through Abdurrahman Guney approached my Advocate and came up with a plan for each of the owners to pay £5000 to the Bank. He said he had found a purchaser for the landowner’s villa but the sale was dependent on all the owners agreeing to pay the £5000. To cut a long story short, it could not be agreed by all the owners, although at the time I did agree to pay simply to safeguard the others. I still intended to continue with the Breach of Contract action and to add the £5000 to the damages I was asking for.

Polly Marples: That sounded like a plan, why didn’t it happen?

Pauline: Some of the owners wanted to go ahead, but not all. It was dependent on the sale of the Landowner’s villa too and that did not go ahead.

Polly Marples: Were you disappointed?

Pauline: Yes I was, I even asked my Advocate to approach the Advocate for the Bank and offer my £5000, in return for 1/13th share of the Kocan because I felt that if I started the domino effect, the others would follow; my Advocate came back to me with their answer – NO.

————– Part 5 to follow ————

Polly Marples: You say you had a change of Judge, so was it the old Judge or the new Judge who signed the order for the Temporary Injunctions? 

Pauline: It was the old Judge. The first Judge, Tanju Oncul, and I shall give you a copy of this for the readers to see.

xxx

Polly Marples: So you then started the Breach of Contract Hearing.

Pauline: We had to give the other side a chance to Appeal the Injunctions and of course the Injunctions had to be made permanent if the Appeal failed or did not take place.

Polly Marples: Forgive me for saying so Pauline, but what a palaver.

Pauline: I couldn’t agree more.

Polly Marples: So when you found you had a new Judge how did you feel?

Pauline: Well I felt a little confused; what about continuity I pointed out to my Advocate. Because of frequent and short hearings I felt the old Judge had had little opportunity to really know my case and now here was a completely new one. My Advocate said that it was normal to change Judges mid case and that it was on a rotating basis and not peculiar to my case. She also said it was a good change because now we had Judge Mehmet Turker the Chief Judge at Girne District Court at that time.

Polly Marples: Well the rotation basis certainly had you spinning Pauline. So did the Builder and Landowner Appeal against your Injunctions?

Pauline: No, in fact during the course of this, and because I was unsure that the Injunctions we had on a temporary basis were sufficient, my Advocate managed to find another property still in the name of Kulaksiz, that being the house that Abdurrahman Guney was living in, and managed to get this added to our haul.

Polly Marples: So you accepted the change of Judge, did you then get your Injunctions made permanent?

Pauline: I had no choice and, when I found out who it was, I thought that is the Judge who gave Akfinans Bank Limited the Repossession Order on the 20th November 2008, so he already knows that one of the 7 Breaches, the most important one, which could stand on its own as it is so serious. Yes I thought, he will need no convincing on the Breach of Contract,

Polly Marples: How marvellous, did it work to your advantage?

Pauline: No. When I pointed this out to my Advocate, she said no, it did not work that way, It seems the whole charade has to run its course.

Polly Marples: During this time, was there any attempt, outside of the Court case to come to an amicable agreement?

Pauline: Yes, in December 2008 the Builder through Abdurrahman Guney approached my Advocate and came up with a plan for each of the owners to pay £5000 to the Bank. He said he had found a purchaser for the landowner’s villa but the sale was dependent on all the owners agreeing to pay the £5000. To cut a long story short, it could not be agreed by all the owners, although at the time I did agree to pay simply to safeguard the others. I still intended to continue with the Breach of Contract action and to add the £5000 to the damages I was asking for.

Polly Marples: That sounded like a plan, why didn’t it happen?

Pauline: Some of the owners wanted to go ahead, but not all. It was dependent on the sale of the Landowner’s villa too and that did not go ahead.

Polly Marples: Were you disappointed?

Pauline: Yes I was, I even asked my Advocate to approach the Advocate for the Bank and offer my £5000, in return for 1/13th share of the Kocan because I felt that if I started the domino effect, the others would follow; my Advocate came back to me with their answer – NO.

Polly Marples: You say you had a change of Judge, so was it the old Judge or the new Judge who signed the order for the Temporary Injunctions?

Pauline: It was the old Judge. The first Judge, Tanju Oncul, and I shall give you a copy of this for the readers to see.

xxx

Polly Marples: So you then started the Breach of Contract Hearing.

Pauline: We had to give the other side a chance to Appeal the Injunctions and of course the Injunctions had to be made permanent if the Appeal failed or did not take place.

Polly Marples: Forgive me for saying so Pauline, but what a palaver.

Pauline: I couldn’t agree more.

Polly Marples: So when you found you had a new Judge how did you feel?

Pauline: Well I felt a little confused; what about continuity I pointed out to my Advocate. Because of frequent and short hearings I felt the old Judge had had little opportunity to really know my case and now here was a completely new one. My Advocate said that it was normal to change Judges mid case and that it was on a rotating basis and not peculiar to my case. She also said it was a good change because now we had Judge Mehmet Turker the Chief Judge at Girne District Court at that time.

Polly Marples: Well the rotation basis certainly had you spinning Pauline. So did the Builder and Landowner Appeal against your Injunctions?

Pauline: No, in fact during the course of this, and because I was unsure that the Injunctions we had on a temporary basis were sufficient, my Advocate managed to find another property still in the name of Kulaksiz, that being the house that Abdurrahman Guney was living in, and managed to get this added to our haul.

Polly Marples: So you accepted the change of Judge, did you then get your Injunctions made permanent?

Pauline: I had no choice and, when I found out who it was, I thought that is the Judge who gave Akfinans Bank Limited the Repossession Order on the 20th November 2008, so he already knows that one of the 7 Breaches, the most important one, which could stand on its own as it is so serious. Yes I thought, he will need no convincing on the Breach of Contract,

Polly Marples: How marvellous, did it work to your advantage?

Pauline: No. When I pointed this out to my Advocate, she said no, it did not work that way, It seems the whole charade has to run its course.

Polly Marples: During this time, was there any attempt, outside of the Court case to come to an amicable agreement?

Pauline: Yes, in December 2008 the Builder through Abdurrahman Guney approached my Advocate and came up with a plan for each of the owners to pay £5000 to the Bank. He said he had found a purchaser for the landowner’s villa but the sale was dependent on all the owners agreeing to pay the £5000. To cut a long story short, it could not be agreed by all the owners, although at the time I did agree to pay simply to safeguard the others. I still intended to continue with the Breach of Contract action and to add the £5000 to the damages I was asking for.

Polly Marples: That sounded like a plan, why didn’t it happen?

Pauline: Some of the owners wanted to go ahead, but not all. It was dependent on the sale of the Landowner’s villa too and that did not go ahead.

Polly Marples: Were you disappointed?

Pauline: Yes I was, I even asked my Advocate to approach the Advocate for the Bank and offer my £5000, in return for 1/13th share of the Kocan because I felt that if I started the domino effect, the others would follow; my Advocate came back to me with their answer – NO.

 

 

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