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elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
21/10/2009 11:54

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Message 1 of 35 in Discussion

I understand that there are some complaints about this developer for breach of contract. In one particular instance the contract stipulated individual parking space and the developer is almost accusing the buyer for inserting such a condition into the contract fraudulently. Full marks for creative thinking.

Anyway if aybody wish to serve any legal notices to this developer, their registered address is: 11 Hasane Ilgaz Sokak, Köşklüçiftlik, Lefkoşa. This is actually the office of a chartered acountant but it is the registered address of the developer anyway.

ismet



Milou


Joined: 15/10/2007
Posts: 425

Message Posted:
21/10/2009 14:15

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Message 2 of 35 in Discussion

Hi Elko2



I can also tell you a few stories about creative accounting!



regards

Milou



sienna


Joined: 09/01/2009
Posts: 1627

Message Posted:
21/10/2009 15:21

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Message 3 of 35 in Discussion

oh they are masters over there with creative accounting !!!!



mint1955



Joined: 30/05/2007
Posts: 988

Message Posted:
22/10/2009 00:39

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Message 4 of 35 in Discussion

Could you explain please. As an owner on SWB it would be more useful to have some facts rather than conjecture.



rocky


Joined: 17/10/2007
Posts: 1749

Message Posted:
22/10/2009 09:28

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Message 5 of 35 in Discussion

message 1 , elko that sounds a little one sided possibly libelous without the facts to support your statement. The plans clearly show that individual properties have parking on their plot and the remainder appear to be unallocated spaces. This type of thread is useless gossip without facts. NE way I thought you were supposed to be one of the most helpful members on the forum ..not your type of posting elko.



elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
22/10/2009 09:41

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Message 6 of 35 in Discussion

msg. 5

Rocky,

I never indulge in gossip. My statement was:

"In one particular instance the contract stipulated individual parking space and the developer is almost accusing the buyer for inserting such a condition into the contract fraudulently"

This is a statement of fact. I have seen a copy of the contract and also I have seen a copy of the letter from SWB to the buyer with a wording which almost amount to accusing the buyers of fraudulently inserting this condition in the contract.

As for libel, my full name and address is fully provided in my profile and further details can be obtained from my web site http://www.elkocyprus.com

What else can I say?

ismet



rocky


Joined: 17/10/2007
Posts: 1749

Message Posted:
22/10/2009 13:46

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Message 7 of 35 in Discussion

so you have seen the contract then?



elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
22/10/2009 14:13

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Message 8 of 35 in Discussion

msg. 7

Yes I have and I did have my specs on too so as not to leave any doubt. Any more questions please?

ismet



elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
22/10/2009 15:51

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Message 9 of 35 in Discussion

I hate to say this but there is an increasing trend for people and developers alike to ignore the contract they sign. The prevalent view is that the legal system does not work and therefore it is free for all.



Probably its the local developers who started all this but now I keep getting information that now even the more serious developers have jumped on the bandwagon. These comments are of a very general nature and not targetted to any specific developer. It is very sad that this is the situation and I really get upset when I see evidence of such things happening only too often. I have seen contracts that clrearly stipulate a swimming pool but the developer now says that the swimming pool is extra. There are contracts that clearly states that the infrastructure of electricity and water belongs to the developer and the buyer only has to pay for the connection and the meter, yet the developer is asking for the infrasturcture. I believe taht enough is enough and people should get



elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
22/10/2009 15:52

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Message 10 of 35 in Discussion

together and do something about it. I am sorry about this but I really feel very angry at these cowboys who try to get away with murder.

ismet



kmt123


Joined: 05/02/2009
Posts: 3

Message Posted:
22/10/2009 16:27

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Message 11 of 35 in Discussion

I see that you have had dealings with Dovec Construction, and set up a registered maintenance company.



Our experience has been totallty the opposite of yours. We cannot trace Elmaz Dovec and have heard a rumour that he has gone bankrupt. We are without our title deeds after almost five years and struggle to maintain a maintenance programme with little guidance. How do we set up a legal maintenance programme? Have you any information about what we can do with regard to our builder being bankrupt? Dovec Construction in Famagusta is reluctant to put us in touch with Elmaz Dovec. So many people have been hurt by this I have had numerous offers on my apartment but without the title deeds I cannot sell.



Please help all you can I and many others would be most grateful for any help you can offer.



elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
22/10/2009 16:44

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Message 12 of 35 in Discussion

msg. 11

kmt123,

Dovec Construction is a very reputable company and I have stated this many times but who is Elmaz Dovec?

ismet



Arthur


Joined: 04/11/2008
Posts: 687

Message Posted:
22/10/2009 21:13

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Message 13 of 35 in Discussion

The only point I would make regarding the contracts as a mere chartered accountant is that surely this is a question of fact. Presumably both parties signed [at least] two identical copies of the contract. I would hope therefore that these could then be compared- case solved I would have thought.

As for the registered office, most of my clients have our offices as their registered office, there isn't anything sinister in that.

As for comments on "creative accounting", perhaps the creators of those postings would enlighten us all. Basically I give people the benefit of the doubt unless I see evidence to the contrary. If there is "evidence", hopefully we can all see the evidence so that each can arrive at their own informed opinion rather than hearsay. If such evidence is the truth, those who expose it are [I think] protected from any action for libel- no doubt Elko can confirm the position in NC.



elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
22/10/2009 21:52

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Message 14 of 35 in Discussion

msg. 13

Arthur,

1. There was absolutely no suggestion of any irregularity about the registered address. However if people wish to send binding legal notices, they may not be aware of it unless they do a search at Companies house. As far as I am aware this address is not shown on the contracts or other subsequent correspondances.

2. The law of tort which includes libel is the same law we inherited from our colonial masters and I am not aware of any major changes.

3. Personally I do not wish to be part of any hearsay and my preference is to remain unbiased and be free to comment as I see fit. However I do not wish to sit on the fence when I have firm evidence of some wrong doing.

4. I think its clear from msg. 1 that the two copies held by the buyer and the developer are identical.

ismet



henrik



Joined: 01/10/2009
Posts: 314

Message Posted:
22/10/2009 22:40

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Message 15 of 35 in Discussion

nothing wrong with ismets post.. whats the argument about? go on elko



Arthur


Joined: 04/11/2008
Posts: 687

Message Posted:
23/10/2009 01:36

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Message 16 of 35 in Discussion

Ismet-



I don't have any problem with your postings- if both contracts are the same then QED. If not, then something funny has gone on.



I do however have a problem with suggestions of "creative accounting" unless the persons suggesting such come out with proof. It's interesting that one of the correspondents in this matter [given that it relates to SWB] is not [as far as I am aware] a resident. As regards the other, bearing in mind her husband has suggested my version of certain events is " at best unreliable, at worst, a pack of lies", may like to consider the words of Jesus when he said "let he who is without sin, cast the first stone"



rocky


Joined: 17/10/2007
Posts: 1749

Message Posted:
23/10/2009 11:25

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Message 17 of 35 in Discussion

message 11 implies elko has a maintenance company although I am not sure he has confirmed or denied that. I did not see this info on his web site so I remain confused. Why, Why is Elko interested in SWB? is he after the RMS contract ? so is he a mouthpiece? Come on most helpful member lay your cards on the table,



sienna


Joined: 09/01/2009
Posts: 1627

Message Posted:
23/10/2009 18:11

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Message 18 of 35 in Discussion

Message 16 this is an open forum is it not ?and therefore anyone can comment on it as such whether a resident or not ! also whether you liek it or not - if you dont want comments I would suggest a closed members only one ! how you would police anyone mentioing SWB again on here that I cannot answer !



'creative accounting' yes I have seen some corkers over there and yes I have the proof - it did not imply anything about SWB it was a general comment about account keeping ! have a nice weekend



elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
23/10/2009 18:46

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Message 19 of 35 in Discussion

Rocky (msg. 17),

I have no maintenance company nor intend to have one for the next twenty years. I cannot guarantee anything after that

I think kmt123 in msg. 11 confused you with his/her remarks. My sister bought a flat from Dovech construction and I helped the owners to set up the apartment management and I became the first manager to make sure that everything was şn place like getting it registered with the Land Registry, reigstering it with Kib-tek and having a bank account in the officially registered name of the management. I believe that it is the only officially registered apartment management in Famagusta. For the nexttwo years all I did was to collect the monthly 30 TL from each of the 9 flats to pay for the common electricity, cleaning of stairs and the maintenance of the lift to a company for the job. After two years I found another mug to take over. I had no financial gain and I paid all the petrol money for my car from my own pocket.

Rocky, are you satisfied now? Please do not hesitate to ask if you have any more questions.

ismet



rocky


Joined: 17/10/2007
Posts: 1749

Message Posted:
23/10/2009 20:56

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Message 20 of 35 in Discussion

gr8 and thank you there is so much junk on here it is difficult to decipher what is worth reading ..so what is your interest in Sweetwater Bay?



elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
23/10/2009 23:29

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Message 21 of 35 in Discussion

Rocky (msg. 20),

You asked my interest in SWB. I am a true Cypriot and I am interested in the welfare of people who chose TRNC as their second country and I am specially fond of British because I owe a great deal to Britain. I lived in UK for 15 years and they always treated me very kindly and very well indeed. This is my way of showing my gratitude plus the fact that I do enjoy helping people and standing by the side of people who have been or are being treated unfairly. Is this clear enough and is this a sufficient reason for me to comment on such matters as this thread?

ismet



rocky


Joined: 17/10/2007
Posts: 1749

Message Posted:
24/10/2009 13:40

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Message 22 of 35 in Discussion

I do not think we can label SWB overall as unfair(well yet anyway). I guess there are somewhere around 100 properties that have been sold with many satisfied clients. There will of course be some issues with individuals but there will be many satisfied clients. Ok theres snagging but that is a problem everywhere isnt it? Have you tried getting builders back in the UK unless you hold a retention? I think any problems over contracts should have been sorted in the early stages after all I think we had to exchange contracts within 28 days of the deposit. In that period Naomi liaised with us and dealt with any issues or concerns.



rocky


Joined: 17/10/2007
Posts: 1749

Message Posted:
25/10/2009 23:49

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Message 23 of 35 in Discussion

dont mind your comments elko but please dont be one sided and I am not sure you are involved in SWB only for the reasons you say....



mint1955



Joined: 30/05/2007
Posts: 988

Message Posted:
27/10/2009 22:30

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Message 24 of 35 in Discussion

Elko you could just tell everyone that you have been providing advice to a few resident owners on Sweetwater Bay to set up a proposed Owners Assocaition. Whats the secrecy?



rocky


Joined: 17/10/2007
Posts: 1749

Message Posted:
27/10/2009 23:21

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Message 25 of 35 in Discussion

does he have a contract for some installations in swb if so he may prefer to stay quiet?



elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
27/10/2009 23:58

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Message 26 of 35 in Discussion

msg. 24

mint1955,

I have been advising people on these bulletin boards free of charge for years and I am always inundated with enquires through e.mail on similar subjects and indeed I am always willing to meet and advise people face to face. So what is new or secret about all this? Indeed on many occasions I get enquires from opposite sides but they always get the same answers i.e. there is no question of leading one side and trying to mislead the other side because there is no reason for that and after all I gain nothing from it. However some people who know me may also consult my wife as an advocate and she gives her time freely too but of course some go further and start litigation and so on and as you can guess that is not free.

msg. 25

Rocky wrote:

"does he have a contract for some installations in swb if so he may prefer to stay quiet?"

Who is he? What contract? If you want to say something why don't you say so openly and instead you try to insunuate something with no substance? I tried to answer all your questions above fully and did not try to avoid anything but if you say you suspect something without indicating what it is how can I answer it? How about trying to be straight and honest like me? You may be a member of SWB, why not say so if this is the case. You are entitled to ask questions like anybody else.

ismet



rocky


Joined: 17/10/2007
Posts: 1749

Message Posted:
28/10/2009 00:39

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Message 27 of 35 in Discussion

I asked a question is that an insinuation?



millzer


Joined: 12/04/2007
Posts: 978

Message Posted:
28/10/2009 00:55

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Message 28 of 35 in Discussion

Rocky, read messages 23 and 27 again. I think a lot of people would read them as 'insinuations'.



elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
28/10/2009 00:56

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Message 29 of 35 in Discussion

Rocky,

So who is "he"? If its me, here is your question and my answer:

Question: "does he have a contract for some installations in swb if so he may prefer to stay quiet? "

Answer:"I hav no contract with SWB or any other company for maintenance or for any other type of work". Would you say this a a full and complete answer?

Hower, in message 23 you stated:

"dont mind your comments elko but please dont be one sided and I am not sure you are involved in SWB only for the reasons you say.... "

Don't you think this is an insunuation and not a question? You say that "I am not sure you are involved in SWB..." Do you think this is a question or would you not agree that this is an uncalled for insunuation?



If you have any doubts, please say what doubts exactly and why and if I can do anything to allay those fears I will do so. What else?

ismet



TekknoChicken



Joined: 16/03/2009
Posts: 18

Message Posted:
28/10/2009 02:27

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Message 30 of 35 in Discussion

Hi Elko. You appear to be taking a bit of flak on this thread, but some of your replies do appear to be rather guarded.

re: msgs 24 & 26 - Can you confirm whether you have or have not provided advice to SWB residents regarding the setting up of the newly formed association?

Thank you.

Phil



elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
28/10/2009 07:36

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Message 31 of 35 in Discussion

msg. 30,

I have replied to numerous enquiries about the setting up of residents associations and when I say numerous I am talking of at least fifty enquiries. I never count them and I never ask to see the credentials of anybody neither do I ask where they purchased their property. Indeed sometimes people representing the developers ask me similar questions and the same rules apply to them i.e. I never ask which developer they are.

To answer your specific question, yes people who bought from SWB are amongst those who have asked me about the setting up of such an association and I have asnwered them them too. I will go further and say that some buyers from SWB have retained my wife as an advocate to litigate against them. So what? She is one of the busiest advocates of Famagusta, she has two full time advocates to help her and she does not normally take any cases outside Famagusta court unless they have been her long standing clients.

I am as free as ever to write for or againsts



elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
28/10/2009 07:38

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Message 32 of 35 in Discussion

anybody. However I try not to take part in any attacks against any individual or company. That does not mean that I cannot write against somebody if I see something wrong. This is the case with SWB. I checked my facts and I wrote accordingly. As stated in msg. 1 they agreed to do something in the contract and they turned round and accused the buyers for inserting that condition into the contract “almost” fraudulently. That took the biscuit!!

ismet



rocky


Joined: 17/10/2007
Posts: 1749

Message Posted:
28/10/2009 08:55

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Message 33 of 35 in Discussion

is it wise for your wife to discuss her cases with you a family member? now I am not saying she has I am just asking a question re client confidentiality?



elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
28/10/2009 10:19

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Message 34 of 35 in Discussion

Rocky,

You can be sure that I do not pass any confidential information that she has. However if her client is happy to discuss anything directly with me, then it becomes a matter between her client and me directly but I will never divulge any confidential information unless I have authority direct from the client.

Indeed she has many court cases againsts some developers and even though these developers get a bad mention on C44, I refrain from any comments.

Coming back to SWB, you did insunuate a few things, can you please elaborate on them? Even if you make any libellous statements, I promise to overlook them, so you are free to accuse me with whatever you like. There is a blank cheque for you, please go ahead

Do you think I would give you such a blank cheque unless I was very confident of myself that I have always acted properly.

ismet

PS: You are supposed to uphold SWB but by prolonging this thread you are actualy not doing them any favours.

ismet



TekknoChicken



Joined: 16/03/2009
Posts: 18

Message Posted:
28/10/2009 10:21

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Message 35 of 35 in Discussion

Elko re: msgs 31 & 32

Thank you for your straight answer.

I do not have an issue with you providing advice to whomever you wish. Let's hope the founding members of the SWB association have listened to what you and your wife have said and are running the group in the best interests of all owners (assuming that is the advice they asked for).

Phil



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