Polly Marples’ Kulaksiz 5 Pauline Read interview – part 2

interviewPolly Marples: Surely after a second refurbishment your villa must have been perfect?

Pauline: Polly, perfect and Kulaksiz are not words that belong in the same sentence. On the face of it, yes, it did look okay, but I have to temper that with the fact that when I took delivery of the villa it looked okay, after the first rebuild it looked okay and of course, by the time of the second try at remedying the problems had finished, I had become aware of the ‘mortgages’. I shudder every time I think of the mess we had to live through, unfortunately all the pictures we took of that mess are on Laura the laptop who is still languishing in the evidence room at Girne Police Station, which in my opinion is totally unnecessary, an act of petty spite.

Polly Marples: Yes, I can understand why you feel that way, but back to the villa. So, you had your newly refurbished villa but you now seemed to be facing an even bigger problem; that of the mortgage? So what did you do?

Pauline: I contacted my Advocate and it was not until we started looking at the problem more closely that we realised that in fact, not only were there two mortgages using the land on our Kocans as security, but the Borrowers Abdurrahman Guney and Yuksel Yilmaz had made no payments on these mortgages.

Polly Marples: This must have come as a terrible shock to you, following so closely on the building nightmare you had been experiencing?

Pauline: An understatement Polly, if you don’t mind me saying so. We were devastated. I remember remarking to Agile once, ‘well if the villa falls down, at least we will have the land’, so you can imagine that finding out that not even the land was safe, was mind blowing. We had parted with £96,200 of the £102,000 purchase price, the final payment was to be made on completion of the infrastructure; provision of normal tariff electricity and transfer of title into our names. I know some of the Greek Cypriots call it cheap, but bear in mind, I likened the North to the Cyprus I had encountered in the late 1980’s and at the time for C£42,000 I had bought in the South a large villa on a good sized plot. So you see, in real terms, the villa in the South cost me less than the one in the North at similar times in the growth of their respective property markets

Polly Marples: So what did your Advocate advise you to do?

Pauline: We looked at all options and at first the Builder assured us that the mortgage would be paid but, as time went by, it became clear that this was not going to happen. Coincidentally, the Permission to Purchase which I had applied for in September 2005 suddenly arrived in June 2008. This we thought was an ideal time to call the Builder’s bluff. My Advocate called upon the Builder to meet us at the Land Registry to complete the transfer into my name, as specified in the Contract. We gave him one week to do this. He could not and did not comply.

Polly Marples: Do you think you gave the Builder adequate opportunities to put right his ‘mistake’?

Pauline: Oh yes, we even agreed to a meeting with the Bank on 8th July 2008 which was attended by Abdurrahman Guney, Orhan Cimer, Richard Barclay, Chris (Agile) Smith and myself. The meeting was chaired by the Bank Manager who had given the mortgage to his friends (his words) and earlier the landowner had referred to the Bank Manager as his best friend, Ertul Kader.

Kader greeted me with the words ‘we have spoken on the phone, you are the religious lady’, which immediately brought to mind a phone call I had received earlier in March telling me off for advising prospective purchasers of the Landowner’s house (directly next door to my house) that there was a mortgage on the house. The conversation went along the lines, I should not be telling people about the mortgage, it would stop them buying. I clearly remember asking him if he was a good Moslem and he said he was, to which I had replied, I was a good Christian and as such I would not lie to anyone. So this greeting told me two things, the identity of the phone caller (he would not tell me) and that in his opinion claiming to be a good Christian labelled me as a religious lady

Polly Marples: Were you surprised to be greeted in that way and how did the meeting progress?

Pauline: Not really surprised, although it did solve the mystery of who the caller was and how he got my number. The meeting was a farce; Ertul Kader was only interested in how we, the real owners of K5 were going to pay off the debt fraudulently given to the Builder and the Landowner. When I asked him for a copy of the loan agreement he refused. His excuse was that the only copy of the agreement was with the court. Much to our surprise he then went on to tell us that a court case for repossession was so advanced that when the courts reopened after the summer recess they would be handing down the decision. Of course I never believed he did not have a copy of the loan agreement but it gave me the measure of the sort of man we were dealing with. I did make an offer to buy the Landowner’s property for £70,000 and left the offer on the table for one week. I am pleased to say they did not accept the offer.

Pollymarples: What did you do following this meeting?

Pauline: I spoke to my Advocate, reported on the outcome of the Bank meeting and we decided that we had wasted enough time trying to reason with the Builder, Landowner and the Bank and would instigate a Breach of Contract Action as soon as the courts reopened after the summer recess, and this is exactly what we did.

Polly Marples: Do you know what action the rest of Kulaksiz 5 took?

Pauline: Yes, they decided on a different route and consulted with a different Advocate.

————– Part 3 to follow ————



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