Has anyone won a case against a builder/landowner in Northern Cyprus?

Brummie


Joined: 19/02/2009
Posts: 18

Message Posted:
02/07/2010 18:10

If so please post details for us all to read. Did you actually get the compensation & which advocate did you use?

Brummie


Joined: 19/02/2009
Posts: 18

Message Posted:
03/07/2010 07:39

Come on, somebody must know of one case????!!!!!!

catalkoykid


Joined: 15/02/2009
Posts: 1190

Message Posted:
03/07/2010 07:59

http://www.northcyprusfreepress.com/2010/01/07/boycott-north-cyprus-builders-refusing-to-accept-court-judgements/

Brummie


Joined: 19/02/2009
Posts: 18

Message Posted:
03/07/2010 08:27

Thanks Catalkoykid, good link. Anymore cases out there??

Brummie


Joined: 19/02/2009
Posts: 18

Message Posted:
04/07/2010 08:10

244 have logged onto this thread & only a link to the north cyprus free press so far !

catalkoykid


Joined: 15/02/2009
Posts: 1190

Message Posted:
04/07/2010 08:31

http://www.cyprus44.com/forums/30665.asp

Mallard


Joined: 14/05/2009
Posts: 107

Message Posted:
04/07/2010 08:37

http://www.hbpg-trnc.net/Letters/Rambler_racism_may10.html

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
04/07/2010 15:41

i got a temporary injunction against my builder Cafer Yucelgazi and Hasan Sungur the landowner on Wednesday back to court on the 15th.

Advocate Mustafa Soker of H & A Law Firm - he has been excellent!!!!!

magicart


Joined: 05/10/2008
Posts: 985

Message Posted:
04/07/2010 15:49

I think with some difficulty you can win your case but its a hollow judgement if the builder refuses to pay up.



From another brummie -Shard Ender



Art

scruff


Joined: 15/07/2008
Posts: 1070

Message Posted:
04/07/2010 15:57

Maybe the reason that people, will not answer this question is the same as Don & Sheila Vango's reason for writing on the HBPG. website under "The Rambler", until they decided that enough was enough, took the pittance they were offered after 5 years + fighting for justice & left the TRNC for good. Only then did they feel free to speak out.

There are many who have been through the courts here 7 many others still going through the self same system. I do not personally know of anyone who has received sensible compensation & I know of many cases where people have received no compensation at all, despite having spent a large sum in legal costs.

Does this answer your question? Are you considering legal action? Do you have endless patience & a bottomless purse & good health. Take my advice. forget it.

Msg 8

Getting an injunction means nothing.

brightlights



Joined: 09/11/2009
Posts: 117

Message Posted:
04/07/2010 17:04

We did and we have, successfully. The courts actually do work. H&A are our lawyers too. Hubbs refuses to post here anymore, but will correspond privately with anyone who is serious about litigation, and wants to discuss how to do it first hand....... elkin_tony@yahoo.co.uk



Kind Regards

Diana

Brummie


Joined: 19/02/2009
Posts: 18

Message Posted:
05/07/2010 12:18

msg 8 Why did you need an injunction on? Let us know how you get on in court on the 15th. Good luck !

Brummie


Joined: 19/02/2009
Posts: 18

Message Posted:
05/07/2010 12:21

msg 9. Yes, even if you are able to win in court, does not guarantee you get your money back or your house finished.

Brummie


Joined: 19/02/2009
Posts: 18

Message Posted:
05/07/2010 12:27

msg 10. Yes legal action will be the next step if negotiations fail.

Brummie


Joined: 19/02/2009
Posts: 18

Message Posted:
05/07/2010 12:29

msg 11 Thank you for your posting will contact you via e-mail

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
05/07/2010 12:38

I prefer to employ stick and carrot method. I won a case against the builder for 6000 pounds for the first years delay and then I agreed not to claim further late penalty provided I get the individual title deeds by July 2011 and also collect the 6000 pounds at that date. So I have given him some incentive to finish the job but I have not given up the late payment for the first 12 months.

ismet

Brummie


Joined: 19/02/2009
Posts: 18

Message Posted:
05/07/2010 18:02

Thank you Elko2. Is your builder & landowner one & the same?

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
05/07/2010 18:31

i need an injunction because the landowner Hasan Sungur refused to be part to the contract to purchase the house. The builder Cafer Yucelgazi has stopped building it and says he has no money. So the injunction was taken out on both to stop them selling the land etc etc etc but also to bring them to the negotiating table. I would rather have some compensation than nothing and no house. I can move on with some compensation.

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
05/07/2010 18:43

msg. 17

Brummie,

We had a share kochan right from day 1. The company also owned the rest of the land and I had the real owner of the company in person as the guarantor to the contract. I better not reveal anything that they are not aware of yet but I feel pretty secure. This was a deal for my daughter and I was fortunate enough to be able to buy her a new villa with a swimming pool, so the builder in question can take all the time he needs providing he pays all the penalties

ismet

Brummie


Joined: 19/02/2009
Posts: 18

Message Posted:
05/07/2010 22:07

msg 18

Hope you win your case & receive the compensation.

Brummie


Joined: 19/02/2009
Posts: 18

Message Posted:
05/07/2010 22:09

msg 19

Let's hope he pays up in the end

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
05/07/2010 22:27

msg 2,

He will not if he has a choice but he does not have that choice.

ismet

scruff


Joined: 15/07/2008
Posts: 1070

Message Posted:
06/07/2010 01:40

A question for anyone who can answer this. How, once having had a memorandum issued, does one enforce compensation order here?

I want to know what happens in practice, not in theory. Disgruntled having been through the court procedure here & 5 years on, being no better off (actually worse off due to legal fees paid out)

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
06/07/2010 07:41

msg. 23,

Once you have a writ against the "movables" of the defendant returned unsatisfied, you can ask the court for a compulsory sale order of his "immovables". simple in theory. the trouble in practice is that there is a big backlog of sale orders waiting at the regional Tapus and there is no strict queue, thus you may have to wait for your turn for years. Auction can only take place on Sundays and there is only one or two auctioneers for each Tapu. Nobody is keen to streamline this process. Remember people involved at the other end of the stick!!!

ismet

scruff


Joined: 15/07/2008
Posts: 1070

Message Posted:
06/07/2010 11:16

Thanks for that Ismet. All the others thinking of going to law, just bear what Ismet has said in mind & ensure that you are really up for it.

Brummie


Joined: 19/02/2009
Posts: 18

Message Posted:
06/07/2010 21:31

Scruff,

Can you publish who your landowner/builder are? Also which advocate you used & why after 5 years do you think you cannot get justice. Thanks.

scruff


Joined: 15/07/2008
Posts: 1070

Message Posted:
06/07/2010 21:42

I'm sorry I cannot answer the first 2 questions at this point. Same reason as the Rambler.



Went to court in December & January. Awarded compensation. I have a memorandum, but feel that it's unlikely that the compensation will ever be paid.

Brummie


Joined: 19/02/2009
Posts: 18

Message Posted:
07/07/2010 07:20

Scruff,

Understandable about the first part.

Hope it all comes good for you in the end.

Brummie

buddy01


Joined: 08/08/2010
Posts: 2

Message Posted:
12/08/2010 01:34

Diana ,read your reply regarding legal action route,we are currently experiencing problems wqith our villa build as the builder resited all the villas on this particular site & we now find that ours is partcially sited on the proposed road ( currently just a dirt track).Would welcome any assistance/advice either your husband or you are able to offer.I am happy to give further contact details to discuss if you are able to assist

regards

J Clark

Lilli



Joined: 21/07/2008
Posts: 13081

Message Posted:
12/08/2010 01:50

we paid a deposit for our last restaurant still going through court as they claim it was a donation, the landlords were a football team, 5 solicitors on their commitee, we have little or no chance, this is 3 years on