Taking Legal Action In The UK

magicart


Joined: 05/10/2008
Posts: 985

Message Posted:
23/01/2011 08:19

Has anyone successfully taken legal action or other forms of action against UK builders/developers who are in breach of contract in the TRNC.



Thanks.

magicart


Joined: 05/10/2008
Posts: 985

Message Posted:
24/01/2011 08:15

Sorry for any confusion-we would like to hear from anyone who has taken any form of action in the UK against UK developers who are in breach of contract in the TRNC.



Thanks

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
24/01/2011 08:43

Many developers and specially those of Israeli origin trade under numerous names i.e. they have a multitude of limited companies, normally one company for each project or development. You try to hold a sister company in UK responsible and you come up against a brick wall!!!

ismet

Lazy days


Joined: 24/07/2008
Posts: 847

Message Posted:
24/01/2011 08:48

Magicart,

I think most contracts here have a clause in them that any dispute will be settled by the TRNC courts, and if not written in, and they are drawn up by a TRNC advocate in the TRNC then the law of the TRNC would apply.

If you purchased your holiday property abroad from the UK, and used a British solicitor to deal with the T/C company operating in the UK then that is a completely different ball game and you may well have redress in my opinion.

deputydawg


Joined: 30/03/2010
Posts: 1727

Message Posted:
24/01/2011 15:46

Having legal capacity to go to law and perhaps gain a judgment is usually the easy part. Enforcement is something else. For example, "Smith Builders Ltd" contracts and sells but all their assets have title resting solely with "Smith Builders (holdings) Ltd" which is never party to contracts.

magicart


Joined: 05/10/2008
Posts: 985

Message Posted:
24/01/2011 16:03

Thanks for your valued comments.



Yes our contract is subject to TRNC law-we did sign our contract in the UK and the house was marketed by a UK estate agent who also had a branch in the TRNC as well as the UK.Our developer does have a UK business which is not legally connected to its TRNC company but we do have evidence that there is a direct link between the two business's.

Harold2555



Joined: 19/04/2008
Posts: 1139

Message Posted:
24/01/2011 16:34

A Direct link is not normally good enough. In the UK at least it is still hard to breach the veil of incorporation, that is the seperate legal existence of a company from it's owners and directors





Harold

deputydawg


Joined: 30/03/2010
Posts: 1727

Message Posted:
24/01/2011 22:33

Even when it is apparent or blatant that there is fraudulent business being undertaken by associated companies it is almost impossible to get government departments to take appropriate action unless the complainant first puts the government department in funds for an investigation. Not easy for any party to do if they have already been taken to the cleaners !

philbailey


Joined: 17/01/2011
Posts: 3534

Message Posted:
25/01/2011 00:54

how long would it be hrold right