How to rescind power of attorney

anomug


Joined: 19/01/2009
Posts: 53

Message Posted:
20/02/2009 23:37

When communications have broken down with your advocate, how do you legally rescind power of attorney. Can any member advise.

Thanks

anomug

AlsancakJack



Joined: 14/08/2008
Posts: 5762

Message Posted:
20/02/2009 23:49

It depends on what the power of attorney covers, if it is an all encompassing power then you may need another advocate to sort it out for you. But sometimes when power of attorney is assigned it may be for a specific action i.e. when that action is carried out the power of attorney becomes null and void.

AJ

anomug


Joined: 19/01/2009
Posts: 53

Message Posted:
21/02/2009 00:18

Thanks Aj,

I realy don't know because we signed a document we did not understand( in Turkish) and we trusted our advocate. This was signed when we took out an injunction against Uz and Bay Investments Ltd, in court in Famagusta. But being naive, we did not ask for a copy and was not offered one. Thanks for your help it is much appreciated.

anomug

fire starter


Joined: 19/06/2008
Posts: 3401

Message Posted:
21/02/2009 08:30

we just put it in writing to ours and kept a copy.

anomug


Joined: 19/01/2009
Posts: 53

Message Posted:
21/02/2009 23:52

fire starter,

Thanks it is a good suggestion.

anomug

MsGarnet


Joined: 04/01/2009
Posts: 989

Message Posted:
22/02/2009 09:37

If it were me, I would immediately go to the Office ofyour old Advocate and ask for a copy of the document immediately. Don't leave the Office without it - they can photo-copy it and give it you. Then go immediately to the Office of an English speaking NEW advocate recommended by the Tourist Board or Trade of Commerce (you should also find them via the Tourist Board). Have the PofA translated immediately, word for word and keep a copy of both, yourselves. I would go to the original Advocate's Office first thing tomorrow morning, be perfectly polite but make it clear you are not leaving without a copy of the PofA in your hands. Never have any document only in Turkish and always have both Turkish and English documents Certified as true mirror copies of each other.

throstle


Joined: 26/05/2008
Posts: 84

Message Posted:
22/02/2009 10:28

we have actually done this

Make appointment with your attorney, say you wish to withdraw your Power of Attorney

Take back the document you signed and hand over / or show a copy of your dated signed letter saying thats what you want

Remember to have same signatures on this letter as on Power of attorney

Throstle4eva

anomug


Joined: 19/01/2009
Posts: 53

Message Posted:
23/02/2009 00:02

throstle,

Thanks for your advise. As we are in GB at the moment we can't attend our advocates office immediatly. It is very difficult because he only answers our e-mails when it suits his purpose. Your advise is sound, if we had not have been so naive, we would have followed it in the first place. Thank you we have taken it on board now.

anomug

anomug


Joined: 19/01/2009
Posts: 53

Message Posted:
23/02/2009 00:16

MsGarnet.

Thanks for your reply, we intend to do exactly what you advise as soon as we can get back to the TRNC. If we had taken the precautions that you suggest we may not have ended in the position we now find ourselves.

Thanks

anomug

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
23/02/2009 00:23

First of all do you know if it was really a POA in the general sense or simply a "Retainer"? The advocates always need a retainer before starting an action in court or for that matter for putting in a defence on your behalf. A retainer is never stamped, you sign it at the bottom and also initial the beginning and end of a specific paragraph. On the other hand, a POA is always signed in the presence of a "Certifying Officer", usually wrongly known as a "Noter" and it is stamped.



It is most unlikely that any advocate will use a POA against your will but its best to send them a letter rescinding it and also send a copy to the Bar Association. Make sure that you have the original letter marked at the bottom with the name of the Bar as part of the circulation. The official way to rescind a POA is to publish a notice in one of the daily papers but this option is more costly, say about 500 TL.

ismet

ismet

flightholiday


Joined: 19/07/2007
Posts: 3217

Message Posted:
23/02/2009 13:18

As always sound advice from Ismet.



Is the this something urgent because you do not feel that things are going well? If so you may want to appoint a new lawyer who can then be instructed to act on your behalf in this.



I am not sure if the letter mentioned in Msg 10 needs to be in Turkish as well as English if so you want a competent lawyer and also an able translator to draw it up and then maybe if you can't travel have it "notarised" in Bedford Square and then sent on.

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
23/02/2009 17:38

Msg. 10 and 11.

If the matter is already in court and you are not happy with your current lawyer, you should instruct the new one as soon as possible.



The letter I mentioned in msg. 10 can be in English alone and no need to have it "notorised".

ismet

anomug


Joined: 19/01/2009
Posts: 53

Message Posted:
08/03/2009 21:47

ismet,

I really must apologise for not replying earlier as I have had medical problems. It is only when I asked our advocate if he would need POA, that he replied I have it that is what you have just signed. This was in Famagusta District Court, when we took out an injunction against Uz and Bay Investments Ltd & Mustafa Kemel Baykan. I think it was stamped in the presence of a certifying officer, although I cannot be certain as we were never sure what was taking place and was certainly not informed. Our case for breach of contract was heard at Famagusta Court on 20th Oct 08 and judgement was given in our favour, but the information given to us on that date by our advocate Erdas Erbilen proved later not to be correct. It took more than 3 months to get a copy of the judgement before we realised this. WE are not happy with our lawyer because he never consults us or advises us re his actions or answers our concerns. Once again sorry for the late response, we really appreciate your help.

anomug


Joined: 19/01/2009
Posts: 53

Message Posted:
08/03/2009 21:55

flightholiday,

Please accept my apologies for not repling earlier. Thank you for your advise and help it is truly appreciated. Please refer to my reply to ismet and thanks once again.

anomug

throstle


Joined: 26/05/2008
Posts: 84

Message Posted:
08/03/2009 23:53

anomug

Which site are you purchasing on

Are you in contact with other people on your site

Very interested we have had problems with uz & Bay

Molly


Joined: 30/08/2008
Posts: 299

Message Posted:
09/03/2009 15:58

See HBPG site - recently updated.

anomug


Joined: 19/01/2009
Posts: 53

Message Posted:
10/03/2009 20:08

throstle,

The site we were purchasing on is Mouflon 2, now known as Mayfair Park. Currently we are not in contact with anyone from the site. Many people have problems with Uz & Bay Investments Ltd, not only from the above site but also from Mouflon 1 at Esentepe.

anomug

anomug


Joined: 19/01/2009
Posts: 53

Message Posted:
10/03/2009 20:11

Molly,

Many thanks.

anomug