WITHOUT PREJUDICE
North Cyprus Property | Akfinans Bank v Pauline Read | Q & A
Pauline Read responds to Akfinans Bank’s call for her deportation
Saturday, March 10, 2012
“This email was received from Pauline Read and for legal reasons is published without change:
“Akfinans Bank have repudiated the allegations made by Pauline Read who claims to be one of Kulaksiz 5 wronged party .
“ Pauline should be deported”
Kursat: “ We are of the opinion that Pauline Ann Read’s campaigns aims should be closely watched by the authorities and she should be announced “ unwelcome foreign person” ( persona non grata) and must be deported from TRNC”
Answer: If you cannot fight the truth, recommend it be deported.
Kursat: In the name of Akfinans Bank, Talat Kursat Law Firm has made an announcement with regards to the allegations made against Akfinans by Kulaksiz 5 Estate, at Turkish Cypriot Teachers Union under the pretext of explaining the problems of British citizens who have bought immovable property in TRNC.
The allegations have been repudiated , backed up with three documents as evidence.
Answer: Yes, documents obtained from where?
Kursat: The announcement is as follow:
“The claims made by Pauline Read in the name of Kulaksiz 5 Estate , at the Union under the auspices of Turkish Cypriot Teachers Union are not reflecting the truth .
Answer: Pauline has told the truth throughout, their version of the truth differs greatly from hers.
Kursat: Pauline Ann Read is not representing Kulaksiz 5 Estate, and she has no such authority.
Answer: Pauline Read told the assembled press, she was representing herself and gave them a copy of things that had happened to her personally. She did not, nor has she ever claimed to represent the Kulaksiz 5, they are a collection of individuals who share the same injustices which is why they are united in the court cases against the bank both domestically and at the ECHR in Strasbourg.
Kursat: Pauline Ann Read have informed the Ministry of the Interior with an application that she has withdrawn from purchasing from this Estate on 04. 12. 2009 and asked permission for a new 1490 meter square house with swimming pool bought at Edremit where she is living now. The document is enclosed.
Answer: Now this is very interesting and totally unconnected with the K5-v-Akfinans, yes it is true that I bought another villa in Edremit. What the writer does not tell you all is that only after I tried to have transfer of title in June 2008 and because of the mortgages on the Kocan, was the builder unable to comply, did I commence the Breach of Contract action. Having won this in November 2009. Breach as any legally trained person knows, in law means broken, so the Contract was broken so no longer existed and by association the Permission to Purchase on my K5 villa was no longer valid. In order to expedite the Permission to Purchase on the Edremit villa, my Advocate wrote to the Ministry of the Interior requesting permission to use the existing file, this permission was granted. So how can I have withdrawn from purchasing on this site on the 4th December 2009 when the Contract had no longer existed from the 6th November 2009. Had I been able to transfer title in June 2008 as I had attempted, I would have done so, paid the outstanding money the final payment as per Contract, paid all the taxes due and ‘lived happy ever after’. The mortgage given by the Bank at the extortionate rate of 250% later changed to 80% per quarter compound being the cause.
Kursat: She has been sued on more than ten occasions for compensation for what she has written on the internet and through press , and they will continue.
Answer: So far I have received one WRIT which I will vigorously defend as and when it comes to court. I know there is another one waiting to be served on me and the promise of many many more.
Kursat: Pauline Ann Read have annulled the contract that she had at Kulaksiz 5 Estate , have won her case against Kulaksiz Construction Company and contractor Abdurrahman Guney at Kyrenia Court with case no 2316/2008 and awarded £120 ,000 + 4% interest, and have withdrawn her case against the owner Yuksel Yilmaz.
Answer: Yes, this is totally true, winning a Memorandum and actually converting this to cash is two different things, to date some 2 years and 4 months later, I have received, not one penny, not one kurus, NOTHING.
Kursat: Although she has left the Kulaksiz 5 Estate , Pauline Ann Read and her lover ( the word used here is a derogatory remark usually associated with a married person taking a lover , which may give me grounds to take them to court with deformation of character ) have attacked the locksmith with baseball bat and prevented the rightful owner with deeds from entering the property, we are calling on the Authorities to closely watch the aims of unfounded campaigns led by Pauline Ann Read , and in conjunction with the articles of law 105 to declare her “unwelcome foreign person” and deport her .
Answer: Did they have the deeds at the time, bear in mind this took place on the 30th July 2010 and the auction took place on the 6th June 2010, I have no way of knowing but it does seem awfully quick. Just one week before the break in, (23rd July 2010) at a meeting in Kursats office where he suggested the owners of K5 pay £55,000 per person to the bank to BUY back their homes and if they could not afford it, the bank would give them a 20 year mortgage – now what interest would those mortgages have carried? To suggest that two pensioners would have attacked three men many years their junior is ridiculous. Add to this allegation the fact that I was not even there and only arrived after the intruders had departed, factor in the disability in both my partner’s hands and you will wonder what they are talking about. They do not mention the driving of a car, at speed at my partner that evening. They also do not mention that the property was locked and secured, that the gate was chained an padlocked and to gain access they had to force a lock on a patio window. The also do not mention that they had no Court order enabling them to carry out this act. My Advocate in reply to my enquiry as to the legality of this e mailed me to confirm that although I no longer had a Contract on this property, it still remained in my possession until I either received the award or an order from the Court. Neither have the events have taken place. As a law abiding person, I would have handed the keys to the bank had the court ordered it, there would have been no need to break in.
Kursat: Although Pauline Ann Read is a member of “ Make TRNC A Better Place” movement she has applied to Kyrenia Court on 27.10 .2010 for the fulfilment of her award of £120,000 against Kulaksiz , and has been awarded permission to sell and is trying to sell the houses situated at Arapkoy with registration no 3881 ,on land amounting to 7 Donums , 1 Evlek and 3500 sq feet where she will make three foreign nationals aggrieved. Attached Document number 2.
Answer: As the Bank are aware, the a procedure above is normal and I am sure they do it all the time, in fact being a victim of their doing this in the K5 case makes me aware that they do. Yes the Tapu have been instructed to sell the security covered by the memorandums. I was given to understand that they were on one house which is on a long term let due to the owner’s death, one plot of land overlooking Amaranta Valley, one villa I have no knowledge about and one villa on a another Kocan 4155, a property my Advocate informed me belonged Abdurrahman Guney and was occupied by his family members, why would I be upset at taking the villa of the man who jointly signed for a mortgage with the Bank? Again I ask, how did an ADVOCATE a custodian of the law gain access to my files since he is not, nor has he ever been, my Advocate. I consider this a gross violation of my privacy and a violation of my Human Rights. I do not believe I will ever receive the award although of course I will try, and I have also joined the K5 litigants for this reason. My Advocate told me it often takes years for these sales to take place and she was not able to chase the Tapu. I did approach the Tapu and was asked by them if there were any properties on the land, such is the way the document given to them reads, I have no idea what 125765/215800 or 75459/215800 means, but I am sure Mr Kursat who seems to know more about my business than I do will be glad to tell the Tapu. I am a member of Stop the Blackmail in North Cyprus Facebook group, I did not form this group, I was joined and made a member and also made admin by someone else. I was glad to remain so, since the aims of the group are laudable and legal. In fact to date we have over 1400 members and the vast majority are Turkish Cypriot.
Kursat: As Pauline Ann Read is visiting newspapers, politicians like an aggrieved person she is being two faced by demanding and obtaining court orders from our courts to sell properties belonging to others and making them aggrieved ,just because she has not carried out relevant researches and got relevant collateral herself.
Answer: I have dealt with this in the answer above. Suddenly the client becomes the cause because she hasn’t done the Advocate’s job for them.
Kursat: Akfinans Bank have acquired this estate through an auction, ordered by court on 06.06.2010 when contractor Abdurrahman Guney and landowner had not paid ,and refrained from paying their loan and were out of the country ,since 2005 by paying nearly 2,400,000 TL , title deed fee , stoppages and expenses.
Answer: I think by now we all realise the debt only reached that level because of the extraordinary rates of interest, that at the auction the bank being both the buyer and the seller, took the money out of the front door to purchase the site, then as the vendor received the money through the back door of the bank less any expenses levied by the Tapu. I am told the bank bid just 100 lira more than the debt of 2,077,000 lira, a debt that started back in March 2005 as £1,600 and although they received no payments went on the give the same borrowers a further mortgage of 100,000 lira. One has to question the wisdom of a bank giving more money to borrowers already in arrears by some 8 months payments.
Bank: The Bank is in the possession of registered title deeds and is named bill payer , acquired after paying accumulated property taxes and water bills.
Answer: The Bank do indeed hold the title deeds now, I have no way of knowing for how long they have held them, nor do I doubt that they have paid the expenses they claim. I do know they visited the Lapta Beledeysi and put the water bills into their name. I would know if I had as easy an access to other peoples private files as they appear to have to mine.
Bank: Although the British people that claim to have paid monies to contractor Abdurrahman by entering a contract with him are supposed to seek to solve their problems with whoever they gave money to , they are choosing the easy option by attacking our bank ,which is trying to defend the interest of our depositors, and their intentional aims are being confirmed in court, are either withdrawing their allegations or opening new cases with histrionics ( or emotional blackmail) .
Answer: Interesting logic Sir, Not only claiming, they did give the money to the Contractor all have receipts to prove it. They are choosing the easy option by attacking the bank which is trying to defend the interest of the depositors, well that is interesting since the Bank family have chosen to spend copious amounts of money on my villa and use it as a weekend retreat how is that in the interest of the depositors? So K5 should seek so solve their problems with whoever they gave their money to, SHOULD NOT YOU BE DOING THE SAME. Seek to solve your problem with whoever YOU gave the money to. Now if my memory serves me well DIDN’T the bank give the money to Yuksel Yilmaz? In short shouldn’t the bank be chasing those they gave the money to?
Kursat: Although the British knew for years that the house building on the site was carried on by the loan given to contractor Abdurrahman Guney by mortgaging the land , in 2005 in the knowledge of Land Registry Office ,on two separate counts – and kept quiet even though they knew that contractor had left the country – have surfaced after the bank have purchased the houses in the auction and are trying to acquire title deeds by blaming the bank with unfounded allegations and threats even though they knew that they would never be able to acquire the title deeds.
Answer: Are you really expecting the readers of this to believe that you loaned money to finance the build, I do not think on a development of 13 villas a loan of £1,600 and 100,000 lira would have even scraped the surface. Since I am not allowed to speak for K5, I can only confirm that the first knowledge I had of any loans was in March 2008, I confirm that my Advocate did try to convince the builder he should pay the mortgages, that when I received my Permission to Purchase I did invite the builder to transfer title. That in July 2008 in a meeting with the builder and the bank I did offer to buy the one remaining villa for £70,000 and that offer was not even considered. I still am confused as to why the Bank did not take the three villas owned by the landowner as suggested by the rest of K5 in their then legal action. In November 2005 and December 2005 the builder received from me money in the sum of £96,200 so why should he need to borrow a further 100,000 lira?
Kursat: These British that have been answering all the constructive calls made by Akfinans Bank since 2008 with insulting, humiliating and threatening behaviour, and not being able to show the receipts for alleged payments, have been renting these occupied properties over the internet website www.ownersdirect.co.uk for £545 per week , and not paying the rent stoppage required by law. We call upon the TRNC Tax Office to investigate.
Attachment document 3
Answer: I have from May 2006 till May 2010 occupied my property at K5, I have never let my property. I have issued two further cases against the bank during the time the Breach of Contract was heard. The first to accuse the bank of not using due diligence and taking all sensible precautions when giving the mortgage, this was at first heard in Girne District Court then the Judge decided it should be heard in the High Court. My Advocate had an informal chat with a High Court Judge who told her it had no chance of success, so it was dropped. The second, which followed straight after the dropped case was an Appeal against the Repossession Order given to Bank on the 20th November 2008. We in fact had only a few days left to appeal this decision by the time the case was registered. After many visits to the High Court in Lefkosa and even having Yuksel Yilmaz served with notice of the case at his place of work in Hatay in Turkey, the case was ready for the first hearing. On arriving for this hearing, the Advocates went into chambers with the Judge and Akan Kursat convinced the Judge, I did not need two remedies for the same problem and I was told the case was thrown out. I have to say, I have had reason to wonder about that since. It would have been true had I received the cash in the Breach of Contract but I had not. So in fact I had not had one remedy and am now in the position where I have no money and no award.
Kursat: Complaints have been made and we await answer from TRNC Police, TRNC Prosecution Services, TRNC Supreme Broadcasting Board, TRNC Bar Association , Nicosia Bar Association. Kyrenia District Court have instructed the TRNC Police force to begin investigations in accordance with law 39/2001 regarding the inaccurate transmissions /allegations that harm the reputation of a bank.
Answer: I do not doubt this. But in my opinion I have said nothing to suggest the Bank is in any way unsound or insolvent, in fact I am sure it is very sound. I am also aware bank law 39/2001 is a good law and enacted to ensure that no unjust, untrue or incorrect information is allowed against the banking sector. A very wise and prudent law. I would say however, that perhaps the act of a bank should also be looked at under this law to see if it is also abiding by the spirit and intent of this law and not using it in some way. Just a suggestion.
Kursat: The law is for every member in this country and our people should not allow politics to be made over us by emotional blackmail , or by being cry-baby, we are defending our rights in court.
Answer: Absolutely correct. However if by enjoying your rights under the law, you are infringing on someone else’s, by say publishing private documents without the knowledge and consent of that person. If in theory you can have access to her file, maybe her Permission to Purchase application, that just happens to be in a drawer at the Bakan, without her knowledge or consent, could not a case be made that other laws are being broken and at the very least a private citizen, a guest in your country is having her privacy invaded and her Human Rights violated, of course I am just speculating and making no accusations.
Kursat: As Akfinans Bank we have paid thousands of British pound sterling to the architect that have done the drawings, electricians and electrical contractor, asphalting and pavement, lamp post erection and connections.
Answer: You have received a letter from me asking you not to do this, of course I do not speak for the other members of K5 but I do recollect some of them telling me that they sent you a similar letter. Would it not be prudent to await the final outcome of all the legal cases before embarking on spending more of the bank’s money, just a suggestion you understand?
Kursat: As we give answers to these unfounded allegations , we call upon the illegal occupiers and tenants of these houses to act with commonsense , we reiterate that we will not give up our legal rights and will protect the interest of our depositors from the year 2005.
Answer: I cannot answer for those resident at K5 and those owners living in the UK. I can only say, the decision was taken from me on the night of 3oth July 2010.
Kursat: We remind that those people , by refusing to take up the offer of the payment of 350,000 TL made by us in 2008 at court , are responsible for today. Today our bank is making a call for people to come and negotiate , and by making payments over a long period , just like rental payments , in order to return the monies paid by the bank , people can have deeds for a house but not a share of the site .
Answer: There you go again, making the owners of the villas responsible for the debt, instead of taking your own advice and chasing the people you gave the money to. To suggest easy payments too, you forget we are still reeling from the interest rates you charged Guney and Yilmaz. A call to negotiate, great as far as I am concerned, name the time and the place, in fact I am quite prepared to debate this issue with you on air, at any time and indeed I would be at the supreme disadvantage in such a debate not speaking Turkish, but I am brave enough to face you.
Kursat: We recommend them not to listen to the provocations or to be duped by the British subject Pauline Ann Read , who has left Kulaksiz 5 Estate, cancelled her contract with the contractor , is living in a villa she bought with a pool at Edremit, and trying to en-cash £120,000 won against Abdurrahman Guney and Kulaksiz 5, even cooperating with South Cyprus’ media and taking out paid advertisements
Answer: Divide and conquer comes to mind. I do not represents Kulaksiz 5, they are a group of individuals who although they have a spokesman are each responsible for their decisions. I am a member of the K5 in as much as we are joint litigants. The bank tried to have me removed from the cases but the Judge in his decision given on 26th August 2011 refused their application.
I did all in my power to have title granted on my K5 villa and only resorted to legal action as a last resort. I would have spent whatever it took to get the badly built villa brought up to spec had title been transferred in June 2008 as requested of the builder. This was my dream home, it was where I intended to live until I died. The legal action, the subsequent purchase of somewhere else were decisions all forced upon me. I do not co-operate with south Cyprus Media, I have never paid for an advertisement unless they are referring to the advert put in Volkan on the 22nd April 2011 at the cost of 2000 lira, a cost met jointly by every owner on Kulaksiz 5. These accusations are reminiscent of those made in Turkish language newspapers in the past, the first accusing me of being deluded because I had already received the £120,000 award and thought I could keep the villa too, the second accusing me of being a Greek Propagandist and owning two villas with pools in the south. Both were untrue.
Comment: Why are the Bank persecuting an old woman of who never wanted any of this. Who still only wants Justice, who still only wishes to spend what is left of her life in peace and tranquillity in her home in the TRNC, a country she chose and feels nothing but love for. Why is this so hard for the bank to accept. Why do they spy on her, ridicule her, insult her and try to make the rest of the country do the same. She did not borrow from the bank, why do they expect her to pay?”
Earlier this year the Bank made a concerted and very unfair attack on Pauline Read through Turkish language newspapers. A lot of what was said was clearly libellous and she tells me she reserves the right to take legal action in this matter.
Mortgage Law 11/78 section 21 may well be the salvation of all the K5 victims since if the mortgage given in 2005 by the Bank was illegal, then it was illegal for all purchasers, Pauline Read included. Subsequent legal action taken by all the K5 owners was only done so because the existence of Mortgage Law `11/78 was not known to them. That has to be a question of great concern when you realise how many legal professionals have been involved in this case. Did any one of them know, did all of them know?
Power to the people
Citizen Smith
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