Experience of Breach of contract

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
11/11/2009 16:18

I think most of us knows of a developer who has broken the contract, some know that owners have even won in court suing for breach of contract .



My question is this

Has anyone passed this cout action and received either compensation or there money back or any other action passed down by a court ?

batgirl


Joined: 04/02/2009
Posts: 676

Message Posted:
11/11/2009 17:18

Yes we have,took 2 years in court and eventually made an "agreement "so both parties paid own costs.

Got full money back plus 200% compo

It will work but you have to be determined

brightlights



Joined: 09/11/2009
Posts: 117

Message Posted:
11/11/2009 17:27

Pipie, yes, we have. In May 2008, judgment against the builder, comp, court order, injunction, property transferred to our name et al. Despite what you read here, we have a positive experience of the court system for a broken contract, it is a relatively painless process and well worth taking this action if all else fails to resolve the issue.

The only snag is picking a real lawyer, not a house conveyancer which is what most people seem to do. A good lawyer with experience of commercial contracts will treat it as just that, never mind the goods being a house, it's a broken contract, no more or less. Contact off the board privately if you need to know more as this thread will probably degenerate now that I have said something positive about the TRNC lol

Diana E

DutchCrusader



Joined: 19/05/2008
Posts: 11280

Message Posted:
11/11/2009 17:35

RE msg 3, brightlights: (...) The only snag is picking a real lawyer, not a house conveyancer which is what most people seem to do. (...)

=> I'm sure everybody would like to do the right thing - why don't you give us the name and other details of this "real lawyer" of yours..?!

britvic



Joined: 05/09/2008
Posts: 3039

Message Posted:
11/11/2009 17:45

Message 3, brightlights, Well done, its so refreshing to see some one making a stand against these robbers......erm builders and actually getting somewhere too.



Vicki

MotoMoto


Joined: 15/02/2009
Posts: 152

Message Posted:
11/11/2009 18:12

Well done for getting a positive result you two guys. Like many others we have a fraudelent mortgage taken out on our site 14 months after signing contracts, work mostly complete

We did not pursue via Courts as felt if to many did, then Developer would collapse and all would lose. Instead we have bit our lip and worked with Marian of HBPG - set up Buyers Forums, and resolved the issues on most sites pertaining to Developer - SantaFe

Hopefully our patience will be rewarded and the Mortgage paid off so we can get our Korcan at last!

MaggieAndBernie



Joined: 26/07/2008
Posts: 2012

Message Posted:
11/11/2009 18:43

Yes Brightlights name the real lawyer it could be very handy

Bernie

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
11/11/2009 19:17

You can succeed if you do it properly.



I am giving it a whirl, but I do have professional support. Time will tell!



Isn't it a pity that these wide boys, see no end to their totally spurious and unfounded demands?



wynyardman

DutchCrusader



Joined: 19/05/2008
Posts: 11280

Message Posted:
11/11/2009 19:21

RE msg 8, wynyardman: (...) You can succeed if you do it properly. I am giving it a whirl, but I do have professional support. (...)

=> Again: what help is this? "Properly". "Professional support". Does this help anyone here to start or win a case? May we know your secrets?

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
11/11/2009 20:02

DC,



Good faith and Integrity old boy! Information as offerred previously on Cyprus 44.



Chapter and verse wynyardman@btinternet.com



wynyardman

DutchCrusader



Joined: 19/05/2008
Posts: 11280

Message Posted:
11/11/2009 20:12

RE msg 10: (...) Good faith and Integrity old boy! (...)

=> Ah, old man! Are we talking TRNC or..?

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
11/11/2009 20:59

No DC..........we are talking integrity. It seems the TRNC still has to make its mind, on a way forward.



Just my view, thats all.



wynyardman

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
12/11/2009 10:13

Really good to see that some folk have actualy got positive results. With all the negativity against getting justice in TRNC just proves it can be done .



Hope Wyn keeps us updated on his case !!

brightlights



Joined: 09/11/2009
Posts: 117

Message Posted:
12/11/2009 10:47

Hi DC and M&B, thanks for your replies......We are not in favour of posting our lawyers details on the 44 board as we are continuing litigation on an associated matter, and so names / details of parties involved should not be put out publicly. However we will be happy to reply to any emails we receive privately. I think the problems over lawyers generally is that not many of them have any real court litigation experience, just conveyancing, wills, etc. It's not until you actually have a showdown with your builder et al that the worth of your legal advice is proven. we had to change lawyers to get results...remember that in the UK not all law offices are created equal!

Diana E

elkin_diana@yahoo.co.uk

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
12/11/2009 11:29

Agree 100% with brightlights. The problem folk have is where do we find these Lawyers who can get us justice. Where do we seperate these advocates/house conveyers from the real litigation experts ? if it is not word of mouth Where do we look ?

smoggyjim


Joined: 21/07/2007
Posts: 214

Message Posted:
12/11/2009 11:36

I too am going through the litigation route, now have an injunction on the property and waiting on further developments, tried going through the HBPG but had no answers or replies to many e-mails over many months. The only time we had any contact with our developer is after he found out about the action and then not directly with us just through another buyer on the site, all promises no action. There are two of us on the site doing this and we are going to stick it out regardless of the long slog. Again will not name anyone yet as it is still ongoing and we do not want to jeopardise our case.

kibrissibel


Joined: 18/02/2008
Posts: 562

Message Posted:
12/11/2009 11:47

We are currently going through lititgation against Seaterra for serious breach of contract. They failed to put their defence in on time, made a verbal offer that was never followed up, then changed lawyers (we suspect more delay tactics) finally submitted their defence, but in our opinion it is very poor. We are awaiting a court hearing now and will keep updating.



Sibel and Brad

mugged


Joined: 27/03/2009
Posts: 83

Message Posted:
12/11/2009 12:33

Message 16 , Yes we will take it all the way

batgirl


Joined: 04/02/2009
Posts: 676

Message Posted:
12/11/2009 14:29

It took us 2 years and 25 court attendances (opposition came 3 times)

first to laugh in my face,

second time to rant and rave

and third to eat humble pie and get out his cheque book

STICK WITH IT

word is getting around that the judges are sick of all the delaying tactics

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
12/11/2009 16:05

Thanks batgirl this is sooooooooo encouraging !!