Breach of Contract by builderNorth Cyprus Forums Homepage Join Cyprus44 Board | Already a member? Login
Popular Posts - List of popular topics discussed on our board.
You must be a member and logged in, to post replies and new topics.
blakeybeagle
Joined: 15/03/2009 Posts: 14
Message Posted: 29/12/2011 17:02 | Join or Login to Reply | Message 1 of 61 in Discussion |
| Hi, Does anyone known the proceedure for taking the builder to court for failure to deliver thier property? My solicitor has advised I would have to put down 10% of the finished value of the property before we go to court as I am not a resident?? That would be on top of his fees, It just seems a lot of money to put up, and my solicitor has power of attorney? The builder is years behind completion and without works been done, I just want to get my money back and look elsewhere. Thanks for any advice# |
Hector
Joined: 26/08/2008 Posts: 2352
Message Posted: 29/12/2011 17:34 | Join or Login to Reply | Message 2 of 61 in Discussion |
| First question for me is, Does the builder have any money to pay you? Many people have taken their builder to court, some have even obtained judgements but I don't think I've heard of anyone actually getting their money. Have a good search on past posts on this forum and read what has happened to others. Good luck. |
philbailey
Joined: 17/01/2011 Posts: 3534
Message Posted: 29/12/2011 17:37 | Join or Login to Reply | Message 3 of 61 in Discussion |
| Did the couple accused of stealing the paint not get their money ? |
negativenick
Joined: 10/11/2008 Posts: 6023
Message Posted: 29/12/2011 17:59 | Join or Login to Reply | Message 4 of 61 in Discussion |
| made me laugh - thanks..... |
rowlo
Joined: 12/10/2008 Posts: 4796
Message Posted: 29/12/2011 22:13 | Join or Login to Reply | Message 6 of 61 in Discussion |
| laughed so much , booked in for next year. LONG LIVE KKTC, |
Bradus
Joined: 25/02/2007 Posts: 2641
Message Posted: 29/12/2011 22:29 | Join or Login to Reply | Message 7 of 61 in Discussion |
| Who is the builder and does he have a history of non-completion on other sites? Is your Advocate 100% working in your interests or was he recommended to you by the Estate Agent or the builder? What is the reason being given for non-completion? Have you checked to see if there is a memorandum on the property? If not and there is no moving forward, have you considered putting your own memorandum on the property? This will be costly but will give you some safeguards. Why on earth would you want to pay even more money if you have not got what you have already paid for to date? Would this not be more money down the pan? You need to consider how much it would cost to complete the property yourself and if it is worth simply asking for the deeds and going down this route. Remember if you complete the property without your deeds the property will still legally belong to the builder so before considering this GET YOUR DEEDS. Also visit HBPG. |
Bradus
Joined: 25/02/2007 Posts: 2641
Message Posted: 29/12/2011 22:43 | Join or Login to Reply | Message 8 of 61 in Discussion |
| The TRNC does not have a good track record when it comes to ensuring victims get compensation awarded by the courts so negotiating with the builder can sometimes be more effective than paying expensive legal fees. However any new agreement needs to be implemented in such a way that you only release money on completion of works specified. Finally if this is a site with several victims you must unite and share your experiences. Often this is a way of seeing which parties have the better advocates and best advice. Sorry I can't be more helpful, it must be very stressful and frustrating. You are not alone with this particular problem it is very common in the TRNC and little has been done to prevent this from occurring. Good Luck and please visit HBPG they have a wealth of knowledge and experience and will be able to give you useful advice and contacts. Who is your advocate? Bradus |
TRNCvictim
Joined: 17/08/2010 Posts: 1417
Message Posted: 29/12/2011 22:51 | Join or Login to Reply | Message 9 of 61 in Discussion |
| rowlo (mess 6) I'd go back to the Malpas and ask them for a take-away Turkey to enjoy in your caravan Bradus (mess 7/8) As always good advice! hopefully blakeybeagle will take heed! a very Happy New Year to you and your family Bradus XX |
dizzycows
Joined: 12/05/2009 Posts: 2736
Message Posted: 29/12/2011 23:03 | Join or Login to Reply | Message 10 of 61 in Discussion |
| Rowlo.. caravan? thought you had a villa some where ... |
Bradus
Joined: 25/02/2007 Posts: 2641
Message Posted: 29/12/2011 23:04 | Join or Login to Reply | Message 11 of 61 in Discussion |
| Same to you TRNC victim. Happy New Year. |
Nugget
Joined: 06/12/2011 Posts: 11
Message Posted: 29/12/2011 23:09 | Join or Login to Reply | Message 12 of 61 in Discussion |
| Firstly your solicitor needs hanging. We started legal procedings against a builder/developer in 2005 we paid £1500 to start litigation. After extensive court hearings where the builder/developer failed to attend court we had an injunction put on the property to stop the land owners re selling the property. Currently we have won the case against the builder, who owes us in excess of £90k, oddly enough the courts cannot find him to serve the papers or get the police to arrest him. Being that the courts have found the builder guilty they have lifted the injunction on the property, therefore the land owners can resell the land. If you need help email us roland.hills@btinternet.com. Believe me you are on a hiding to nothing. |
TRNCvictim
Joined: 17/08/2010 Posts: 1417
Message Posted: 29/12/2011 23:23 | Join or Login to Reply | Message 13 of 61 in Discussion |
| "I Rest My Case" :-( "A hiding to Nothing" What a sad Country! No Law what so ever? |
philbailey
Joined: 17/01/2011 Posts: 3534
Message Posted: 30/12/2011 02:33 | Join or Login to Reply | Message 14 of 61 in Discussion |
| I did once read some advice to rent not buy, |
professoregit
Joined: 30/08/2008 Posts: 381
Message Posted: 30/12/2011 07:26 | Join or Login to Reply | Message 15 of 61 in Discussion |
| Take no notice of the sarcasm. Try Marian Stokes who heads the Home Buyers Pressure Group http://www.hbpg-trnc.net - marian.hbpg@gmail.com. She knows the ropes and will be able to assist you. Best of luck. |
cooper
Joined: 23/10/2007 Posts: 3386
Message Posted: 30/12/2011 08:29 | Join or Login to Reply | Message 16 of 61 in Discussion |
| I agree with msg 15 and i would have thought the last person who would be dishing out sarcasm is TRNCvictim !! |
bazzagirl
Joined: 09/05/2010 Posts: 525
Message Posted: 30/12/2011 10:14 | Join or Login to Reply | Message 17 of 61 in Discussion |
| Just walk away, do not give these people anymore of your hard earned cash, and put it down to experience, you cannot trust the law, as there is none!! It's all been heard before. Happy New Year, whatever you do i wish you the best. x |
joandjelly
Joined: 24/02/2008 Posts: 2953
Message Posted: 30/12/2011 11:25 | Join or Login to Reply | Message 18 of 61 in Discussion |
| As usual, excellent advice from Bradus. Unless you are prepared to lose everything you have already invested, message 8, paragraph 1 should definitely be considered before you go down the long and mostly unsuccessful legal route. Marian Stokes can help you with this. |
pollymarples
Joined: 08/08/2010 Posts: 1778
Message Posted: 30/12/2011 12:50 | Join or Login to Reply | Message 19 of 61 in Discussion |
| Hi Remeber when you do this, your Contract becomes void and since you have never had a property, you end up with nothing. Firstly, see if there is an alternative to Breach of Contract, something like say 'none compliance with Contract'? Breach of Contract is so final. I won Breach of Contract in Nov 2009 and do have memorandums on other assets belonging to the builder, but, the Tapu are dragging their feet on selling these assets to realise my award. Please think long and hard before embarking on this route. During my case the oppostion Advocate did ask the Judge to make me lodge 5000 lira with the court, to cover their costs if I lost. The Judge did not go along with it. although according to my Advocate, the law said he should have made me lodge the money. Who is your Advocate? I would not even consider paying over 10% of the Contract price. Has your Advocate made any mistakes in this, do you have a possibility of a case against him/her? |
pollymarples
Joined: 08/08/2010 Posts: 1778
Message Posted: 30/12/2011 12:55 | Join or Login to Reply | Message 20 of 61 in Discussion |
| Alternatively, you could join the case the ABAG LADIES are mounting through the US COURTS. Go to ABAG'S Blog for the details. Only costs 300 dollars to join this case, bit like a raffle ticket but a lot less than 10 % of your Contract price. No win no fee, but the lawyere will take 25% of anything he wins, still 75% of something is a better gamble than 100% of nothing. |
Bradus
Joined: 25/02/2007 Posts: 2641
Message Posted: 30/12/2011 13:52 | Join or Login to Reply | Message 21 of 61 in Discussion |
| It's Ofton Construction. Another site where the builder offers to build property, for the landowner, in exchange for his land. This situation is common and perhaps the leading cause of property problems in the TRNC. In nearly all cases the builder and landowner then fall out and simply blame each other for the non-completion. No coincidence that this always happens when most of the money has been paid and the least expense occurred i.e before expensive bathrooms, kitchens, utility connections are done. Perhaps the time has come to only buy property where land is owned by the builder? Personally I would only purchase on a no deeds, no money basis and on a parcelised site. The risk to deviate from this advice is just too great. However I am aware that many are prepared to risk all, for their dreams, so perhaps avoiding buying property in which land and property have different owners is one to be avoided? |
Marcusharris
Joined: 28/12/2011 Posts: 92
Message Posted: 30/12/2011 13:57 | Join or Login to Reply | Message 22 of 61 in Discussion |
| Dear Blakey, please email me your contact info of board and I can assure you I can help solve this problem without you paying silly ammounts. Regards MH |
hedna
Joined: 31/05/2011 Posts: 13
Message Posted: 30/12/2011 14:07 | Join or Login to Reply | Message 23 of 61 in Discussion |
| We have had the same problem. You should do a little bit of investigating yourself prior to employing an Advocate. First a trip to the Tapu Office (land reg) with your sales contract to find out if there are any memourandums/mortgages on the Site. Take away your Advocates Power of Attorney. The Tapu office may help you by giving you off the record information. You will then be able to consider your next move. If the site is not under any injunctions/mems. You best chance of recovering your money is to complete the site yourselves. I know this is not what you want to hear. But you need to be realistic...you will not get a refund.If he had the money to complete you would have an apartment. If you use a Advocate the costs involved would most likely complete your apartment.....Can you give more details on your site. How many Apartment to be built How many apartments have been constructed Are any completed What infrastructures are on site What percentage of build are you at. |
hedna
Joined: 31/05/2011 Posts: 13
Message Posted: 30/12/2011 14:10 | Join or Login to Reply | Message 24 of 61 in Discussion |
| Please email me ednaanderton@yahoo.co.uk |
Bradus
Joined: 25/02/2007 Posts: 2641
Message Posted: 30/12/2011 14:27 | Join or Login to Reply | Message 25 of 61 in Discussion |
| Hedna. good advice, thanks for being helpful, its becoming a rarity on this forum, in relation to property problems. |
hedna
Joined: 31/05/2011 Posts: 13
Message Posted: 30/12/2011 15:02 | Join or Login to Reply | Message 26 of 61 in Discussion |
| Thank you Bradus....I appreciate your comment. We are just sorting out our own mess. We have not used an Advocate at all. We have done everything.. backtracked to square one. Seen all permits...spoken to creditors..got the whole picture..taken help and advice from HBPG..Marian advise was to dig...and do not be surprised at what comes up. How true...the ones you thought you could trust !!!! Do NOT under any circumstances use an Advocate in the same district as the Estate Agents. We have just found a Advocate in Magusa whom is being tested for his knowledge and problem solving abilities before we engage him. He has come up with some excellent advice. I am about to come to TRNC to start the ball rolling.....we will not be starting any litigation against builders/landowners. But have some surprises in store for some people. |
hedna
Joined: 31/05/2011 Posts: 13
Message Posted: 30/12/2011 15:17 | Join or Login to Reply | Message 27 of 61 in Discussion |
| "Stop the Blackmail" gave a lot of good verbal advise. They also offered their services on a more proffessional level. |
Marcusharris
Joined: 28/12/2011 Posts: 92
Message Posted: 30/12/2011 15:20 | Join or Login to Reply | Message 28 of 61 in Discussion |
| Hi again, please mail me and i can help |
Marcusharris
Joined: 28/12/2011 Posts: 92
Message Posted: 30/12/2011 23:34 | Join or Login to Reply | Message 29 of 61 in Discussion |
| Hi Blakey, Still awaiting your email, I have managed to help & point alot of people in simular circumstances. Look forward to your email Regards MH |
pollymarples
Joined: 08/08/2010 Posts: 1778
Message Posted: 31/12/2011 08:52 | Join or Login to Reply | Message 30 of 61 in Discussion |
| Hi Marcus, you seem confident you can help. Do you have some experience in this field, are you legally trained? Would you be charging anything for your services? As a long campaigner against all these injustices, perhaps you can help me with some help and advice? |
jaga01
Joined: 24/12/2011 Posts: 97
Message Posted: 31/12/2011 10:56 | Join or Login to Reply | Message 31 of 61 in Discussion |
| Listen, I am not a lawyer....... not Cypriot nor Turkish.... the systems over here are nothing like what you are used to.... Don’t even think of trying to get your money back, or starting proceedings at extra cost to you........ if you are not aware that he or his firm have any money or assets it more than likely will be a dead duck...... the first thing is that you are in the same position as many people on and not on the island...... I would not recommend that you pay any lawyers fee`s in advance or otherwise,,,, it would be more secure for you to come over yourself, locate the builder, carry out a company search to check he is still trading, then apply for an injunction on any assets you can locate in his name freezing them......... if you send me a direct email address I would gladly send you a format of procedure that would save you a lot of money.......time....... and heartache...... Kind Regards..... |
Marcusharris
Joined: 28/12/2011 Posts: 92
Message Posted: 31/12/2011 14:00 | Join or Login to Reply | Message 32 of 61 in Discussion |
| Hi, indeed I am very confident. Please email me off board and I shall be able to help. I am also against all these injustices & no there will be no charges from myself. If there is any payments required it shall be to goverment offices. Regards MH |
Woodspeckie
Joined: 25/01/2009 Posts: 2263
Message Posted: 31/12/2011 16:31 | Join or Login to Reply | Message 33 of 61 in Discussion |
| msg 3 Philbailey. I was talking to Mr & Mrs Day last week the couple you mention they have never been paid because there has to be a retrial because the buider did not show up at the court case they went to court two weeks ago and the case was deffered till a date in February. There was an article about it in Cyprus today Christmas eve edition. |
jaga01
Joined: 24/12/2011 Posts: 97
Message Posted: 31/12/2011 17:18 | Join or Login to Reply | Message 34 of 61 in Discussion |
| I got ripped off by a builder for thousands and thousands, I am the only person I am aware of that has received all their money back through the court system, including all costs, and damages, I have asked you to get in touch VIA email, please do I will help..... You can listen to anybody on here but before taking their advice make sure they have had their lost money back also. Like I say I have with no problems.... I found the court system here very fair,,, on point of Law correctly and within the correct legal forum,,, It did not cost me anything whatsoever,,,,,,,,,,,,, the judge was precise within his judgement of the Builder,,, and that was that,,,,,,, there are too many rumour agents here and to many Rumpoles.... Keep it simple.... Kind Regards... |
wynyardman
Joined: 15/12/2007 Posts: 4580
Message Posted: 31/12/2011 21:05 | Join or Login to Reply | Message 35 of 61 in Discussion |
| blakeybeagle, Welcome to membership of the cause thay call The TRNC Property buyers. Not a very happy club. Notwithstanding, may we wish you and yours, A Very Happy 2012, may health and prosperity be yours. wynyardman |
scruff
Joined: 15/07/2008 Posts: 1070
Message Posted: 31/12/2011 21:31 | Join or Login to Reply | Message 36 of 61 in Discussion |
| jaga01. Your case must be unique. Maybe it depends on the reason for the court case in the first place? In my case. Litigation started back in 2005. Judgement awarded Jan 2010. Memorandum about to be renewed I hope. Compensation & costs received to date........ zilch. There are many more like me with judgements & no money. Would I bother again? Well no, given the track record to date, but ask me again in 2 years time. |
gillken
Joined: 25/05/2008 Posts: 521
Message Posted: 31/12/2011 22:26 | Join or Login to Reply | Message 37 of 61 in Discussion |
| Having a fantastic landowner who is just as much a victim of our builder as the purchasers .He is being targeted by a purchaser who has placed a memorandum on the site. For 2 years we have been in limbo as this purchaser refuses to co operate with the landowner. They refuse ANY and ALL solutions apart from wanting their money refunded. The landowner does not have the money for the refund....but is willing to transfer Kojan loosing a large payment ..they would have to find the builders tax. The Villa is complete...bar a few small jobs. Water and electric to the site....Just these peoples memorandum stopping any further work on site. (who is going to fund anything when your Villa is in jeopardy) These people know their actions are affecting everyone else, and are enjoying the situation....They have even suggested we pay their taxes for them......Beggars belief !!!!! |
Brinsley
Joined: 04/04/2009 Posts: 6858
Message Posted: 01/01/2012 02:45 | Join or Login to Reply | Message 38 of 61 in Discussion |
| 2012 New Year's Resolution 'Breach of Contract'?! Load your shooter, aim, fire and kill those buggers that don't deserve to see 2013! The Empire fights back with a vengeance!!! Richard |
Marcusharris
Joined: 28/12/2011 Posts: 92
Message Posted: 01/01/2012 10:06 | Join or Login to Reply | Message 39 of 61 in Discussion |
| Still waiting |
magicart
Joined: 05/10/2008 Posts: 985
Message Posted: 01/01/2012 10:08 | Join or Login to Reply | Message 40 of 61 in Discussion |
| Jaga01- experience is not unique.My next door neighbour successfully sued his UK developer and received compensation and judgement to transfer his title deeds.This was achieved within 4months from the date of litigation and the developer has paid up and the deeds are beig transferred. Sorry to say the developer did not learn his lesson as I'm now taking him to court for full breach of contract and have grounds to sue him in the UK. |
jaga01
Joined: 24/12/2011 Posts: 97
Message Posted: 01/01/2012 10:41 | Join or Login to Reply | Message 41 of 61 in Discussion |
| Magicart post 40 Your neighbour sued his builder in UK?????.... do you mean it was a UK case or a Cypriot case,,,, you will only have grounds in the UK to sue in regards to Cypriot property if it is a UK company that carried out the development, being the opposing party and/ or owns the title of the land when entering into the transaction with you...... over here, you cannot sue a local company, an agent or a subcontractor outside its borders without massive loss risk..... I paid a very large deposit on a development and was delayed terribly so I did my own legal’s to recover ... as I say I am not a Lawyer over here but I practise in the UK and Poland..... it`s quite simple here to recover money taken if you know the procedure,,, the Lawyers over here will not tell you that simply as they require fee`s,,,,, an eye for an eye if you like,,,, divide and conquer......that’s the way they work with the solicitors for the other side, but that’s normal practise in every country.... |
pollymarples
Joined: 08/08/2010 Posts: 1778
Message Posted: 01/01/2012 11:13 | Join or Login to Reply | Message 42 of 61 in Discussion |
| Making it sound so simple jagaO1 is misleading. I too have won a judgement in a Breach of Contract and have Memorandums on assets, however, now the Tapu are dragging their feet and I cannot obtain the money until the assets are sold. If the builder has no assets, then a Breach of Contract action is chasing an empty pot. My judgement is now 2 years, one month and 22 days old. This is why I am part of the K5 ECHR case, I do not believe I will ever get my award in the TRNC. |
Marcusharris
Joined: 28/12/2011 Posts: 92
Message Posted: 01/01/2012 13:32 | Join or Login to Reply | Message 43 of 61 in Discussion |
| Hi polly, please contact me off board, maybe i can help |
magicart
Joined: 05/10/2008 Posts: 985
Message Posted: 01/01/2012 13:37 | Join or Login to Reply | Message 44 of 61 in Discussion |
| Jaga01 Just to clarify the situation-my neighbour won his case in the TRNC and I am also taking legal action in the TRNC. Our developer has a UK company and we understand that in the event of him not complying with his contractual obligations in the TRNC we may have grounds to sue him in the Uk.My son-in-law is a Uk solicitor and we believe we have sufficient evidence and grounds to win our case-we have also taken advice from a UK barrister. We have been forced into taking this action because over the past 4years our developer has failed to deliver our title deeds and will not honour the builders guarantee.Todate it has cost us £13,000 to finish off the house and a further £12,000 is needed to replace two external walls and terrace areas which have been surveyed and confirmed as being dangerous. Without our deeds we own nothing and he knows this so we have to take him to court. |
Bradus
Joined: 25/02/2007 Posts: 2641
Message Posted: 01/01/2012 15:35 | Join or Login to Reply | Message 45 of 61 in Discussion |
| In reply to message 44. Are you saying that a similar situation to the Oram's may occur? The GC involved in the Oram's case managed to secure the Oram's British assets as he could not get access to their TRNC assets? As many TC's hold British/EU passports and have property, business and bank accounts in Britain, could the route for those getting no satisfaction from TRNC courts or more importantly getting the desired verdict, but not the agreed compensation, be through the British courts? |
WAZ-24-7
Joined: 18/10/2008 Posts: 695
Message Posted: 01/01/2012 15:37 | Join or Login to Reply | Message 46 of 61 in Discussion |
| So very sad to hear these stories. The system for proerty purchase is rife with injustice, failure and is simly not fit for purpose. The TRNC administartion are so intent with staying on the turkey finnanced gravy train they have no whish , desire or intent of changing the system. I seriously believe that there is sizeable part of of the administration that do not want any change to the status quo. Who need a settlement!!. Embargo, isollation, and non-recognition has provided rather a lot of people with a luxury lifestyle that is essentially welfare support of an unprecidented level. It is those that are alien to Cyprus that are targeted as the soft taget. If the alien contingent are allowed to suceed and proser then the welfare provision (turkish) may be withdrawn and the TRNC would be forced into self sufficiency. Now who would want that!! |
scruff
Joined: 15/07/2008 Posts: 1070
Message Posted: 01/01/2012 16:37 | Join or Login to Reply | Message 47 of 61 in Discussion |
| With respect, neither jaga01's or the case that magicart has outlined are typical of most cases that are brought against builders in the TRNC. Jaga01 admits to be being a lawyer in the UK. & in Poland & has not addressed the difficulty for most people here in being compelled to use a local lawyer in court. What about the language problem for a start with all cases being conducted in Turkish? magicart also talks about getting a advice from a solicitor relative about proceeding in UK. to get financial compensation should he/she be unsucessful here. Again free (I assume) advice & inside knowledge & also the builder has UK. assets. Most of the builders here are local TCs or Turks & have no connections whatever with the UK. So in reality the 2 examples discussed are not like for like with the usual home grown issue of judgement awarded, but no dosh forthcoming. |
scruff
Joined: 15/07/2008 Posts: 1070
Message Posted: 01/01/2012 16:51 | Join or Login to Reply | Message 48 of 61 in Discussion |
| On reading her posts again. In message 31 jaga01 categorically says 'Listen I am not a lawyer......not Cypriot nor Turkish' By message 41 jaga01 now says ' I am not a Lawyer over here but I practise in the UK and Poland' So which is it............... Are you a practicing lawyer or not? |
magicart
Joined: 05/10/2008 Posts: 985
Message Posted: 01/01/2012 17:34 | Join or Login to Reply | Message 49 of 61 in Discussion |
| Hi Bradus and a very happy new year to you and your family. The message from Scruff is spot on and I confirm that any court action taken in the UK against our developer will not be about breach of contract in the TRNC.For legal reasons I'm unable to disclose the grounds for taking litigation in the UK but fraud will form part of our case.As you will appreciate our circumstances are very different to the Orams case and is not relevant but I would encourage anyone to at the very least investigate the possibility of taking legal action in the Uk.IF you can prove that the Uk company has played a part in dealing with matters in the TRNC you may have a case. Some of these UK companies are using the proceeds from property development in the TRNC to prop up their UK business's without honouring their legal obligations in the TRNC.They are doing this deliberately thinking they can get away with and they will unless challenged Hope this is of help. Art. |
pollymarples
Joined: 08/08/2010 Posts: 1778
Message Posted: 01/01/2012 18:18 | Join or Login to Reply | Message 50 of 61 in Discussion |
| scruff I picked up on the same anomolies, so come on JagO1 are you or are you not legally qualifed anywhere in the world. Marcusharris - As you are new on here, maybe you haven't picked up on the fact that pollymarples is my alter ego and I am in fact Pauline Read. Now if you really can achieve what I have been trying to achieve for the last 5 years, that is justice, and you can get me my award without any further cost to me, then I welcome your help. Please do not 'mess' wth me unless you have some answers none of us know about. |
pollymarples
Joined: 08/08/2010 Posts: 1778
Message Posted: 01/01/2012 18:29 | Join or Login to Reply | Message 51 of 61 in Discussion |
| http://northcyprusfreepress.com/2012/01/01/north-cyprus-property-what-will-2012-bring-that-2011-did-not/ This is a resume of some of the things we victims have been through and some of the promises made, with paritcular attention the proposed new law 'capping' initerest rates. With regard to Breach of Contract action - given my time over, I would not have gone this route even though I did secure it by Injunctions that became Memorandums because if you are stopped from realising your award, what is the point? Unfortunately, now most builders are moving assets into other names so that new Breach of Contract cases are finding nothing in the defendants name to put an injunction on. |
Bradus
Joined: 25/02/2007 Posts: 2641
Message Posted: 01/01/2012 21:56 | Join or Login to Reply | Message 52 of 61 in Discussion |
| Art, all the best for the New Year to you too. Thanks for the explanation. I know of several "troubled" sites where buyers purchased through British Agents or where companies also have businesses in Britain as well as the TRNC. I also know some builders who left the island and have took up employment in Britain. I don't think enough victims are using the British courts to get justice. Instead some seem to favour going through expensive TRNC advocates and a judicial service that appears slow, has no real powers of enforcement and thrives on numerous court hearings to come to any decision. I would welcome any experiences from people that have had success or non-success in using the British legal system for the property problems they encountered in the TRNC. |
Marcusharris
Joined: 28/12/2011 Posts: 92
Message Posted: 01/01/2012 22:48 | Join or Login to Reply | Message 53 of 61 in Discussion |
| Ok polly, 1st of all I have no readon to mess u around, please email me off board & as mentoned several time I shall try to help. Regards MH |
magicart
Joined: 05/10/2008 Posts: 985
Message Posted: 02/01/2012 09:00 | Join or Login to Reply | Message 54 of 61 in Discussion |
| Bradus, I entirely agree with your comments. If necessary we are also prepared to hold peaceful demonstrations outside our developers office in the Uk and will publicly expose his TRNC operation. |
pollymarples
Joined: 08/08/2010 Posts: 1778
Message Posted: 02/01/2012 09:14 | Join or Login to Reply | Message 55 of 61 in Discussion |
| Nothing personal Marcus, battle weary and I really do not believe there is an avenue I have not been down but thanks for the offer. Happy New Year to you. |
jaga01
Joined: 24/12/2011 Posts: 97
Message Posted: 02/01/2012 15:14 | Join or Login to Reply | Message 56 of 61 in Discussion |
| Scruff & Pollymarples Fortunately I no longer need to practise as I won a substantial case after 7 years hard work for breach of contract winning on 6 counts of negligence and 4 counts of misfeasance in public office and received massive damages which set me up for life,,, however I am very qualified in three different countries...... I still practise in Law and am retained for some blue chip European companies in regards to litigation they enter into, I also refer to your comments in regard to me saying I am not a Lawyer, nor Cypriot nor Turkish, this is true as it would be wrong of me to say or advertise on this forum I am a lawyer practising here,,,,,, because I live here, and I am not Turkish nor Cypriot...... this is true also,,,,, I came on this forum giving comment to help not to be investigated or cross examined ....... Thanks PS. It is very simple to win on all points raised in all posts if you are aware of what you are doing, very simple..... Kind regards...... |
Marcusharris
Joined: 28/12/2011 Posts: 92
Message Posted: 02/01/2012 15:52 | Join or Login to Reply | Message 57 of 61 in Discussion |
| No worries Polly, normally on these kind of problems a 3rd party tends to come in handy, there might be something you guys may have missed out on. please feel free to contact me when ever you desire as my offer still stand, not only to you but to anyone whom might be in a little dilemma MH |
scruff
Joined: 15/07/2008 Posts: 1070
Message Posted: 02/01/2012 18:07 | Join or Login to Reply | Message 58 of 61 in Discussion |
| re.msg. 56 I'm not aware that I was investigating or cross examining you. Maybe you were a lawyer too long?? Your 2 postings to which I previously referred were, to anyone reading them, contradictory to say the least. Maybe since you now have enough money to live a life of luxury, you should give some of your time to help others in similar positions to achieve what we lesser mortals are obviously failing to achieve....... a satisfactory conclusion to our cases. Why not run a surgery here to help people, because IMHO your postings weren't really all that helpful. |
jaga01
Joined: 24/12/2011 Posts: 97
Message Posted: 02/01/2012 18:18 | Join or Login to Reply | Message 59 of 61 in Discussion |
| 58 posting If you refer to my original posting I offered to give help to the person starting this post,,,,,,,,, she or he has not requested I do so, so I wish her or him a successful result, as for starting a clinic, the only clinic required on this island is for Manic depression or forum fatigue..... I will now parachute from this posting..... Arrrrrrrrrrrg !!! Kind regards |
moo2631
Joined: 31/03/2011 Posts: 7
Message Posted: 21/02/2012 18:06 | Join or Login to Reply | Message 60 of 61 in Discussion |
| Is it possible for jaga01 to let me have your e-mail address please, as I could do with your help and appreciate what you are saying my. Kind regards Lynda |
moo2631
Joined: 31/03/2011 Posts: 7
Message Posted: 21/02/2012 18:07 | Join or Login to Reply | Message 61 of 61 in Discussion |
| Sorry my e-mail address id ron.gray2997@gmail.com Regards Lynda |
North Cyprus Forums Homepage
Join Cyprus44 Forums | Already a member? Login
You must be a member and logged in, to post replies and new topics.
|