The Tapu Office treat Akfinans Bank more favourably than individuals seeking justice

I started my Breach of Contract Action in September 2008 and won my case on the 6th November 2009. It took just 14 months, which by TRNC standards is quite good going. I was awarded £120,000 plus a paltry 4% interest. It is just as well the interest was applied to the order because it seems I am going to be a long time waiting to collect it. The order is secured by Court Memorandums on three villas and a plot of land, so one would imagine the likelihood of me collecting this £120,000 plus interest is good.

Will someone therefore explain to me, then, why am I still waiting. I have now waited longer for the Tapu to pull out their finger and conduct this auction than the court case took. I have now been waiting some 21 months.

The Judge has sanctioned the realising of the award so the delay is being caused by the Tapu Office. When I asked my Advocate to chase them, her response was:

“Unfortunately, the matter is entirely out of our hands. All paperwork has been submitted to the Land Registry (file reference number MES 87/2010) and it is now up to them to complete the process for compulsory sale. There is nothing we can do to chase them or speed them up. It is impossible for me to give a timescale for this.”

Now can you imagine Akan Kurşat and Akfinans Bank Limited putting up with any of this run-around; in their case Court Order on 20th November 2008, Auction of the homes of Kulaksiz 5 on 6 June 2010? 19 months and during that time I was appealing the Court Order.

It is any wonder there is absolutely no confidence in the system in the TRNC. Now if I were a Bank, would I be treated differently; that’s a rhetorical questions.

I feel even more sympathy with those who were taken down the same route as me, having won a court order with no memorandum to back it up with.

Do I believe I will ever receive my award? No, and that is the reason I joined K5 in their cases here in the TRNC and their case with the ECHR.

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