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blinky


Joined: 07/12/2008 Posts: 187
Message Posted: 28/04/2009 12:14 | Join or Login to Reply | Message 1 of 88 in Discussion |
| Can someone please explain in an easy way to understand what will happen now to all the people like me who have purchased a property on exchange land in trnc? 6m's, your a clever fella, please can you respond please!?!! |
No1Doyen

 Joined: 04/07/2008 Posts: 16617
Message Posted: 28/04/2009 12:18 | Join or Login to Reply | Message 2 of 88 in Discussion |
| blinky, I would assume that if someone comes forward and makes a claim on your land and property you will have to give it back to them. Failure to do so will result in them making a claim on your UK assets. |
fire starter

Joined: 19/06/2008 Posts: 3401
Message Posted: 28/04/2009 12:19 | Join or Login to Reply | Message 3 of 88 in Discussion |
| maybe you should ask the gov about their guarantee and what they are going to do for you? |
Bowman

Joined: 02/05/2007 Posts: 256
Message Posted: 28/04/2009 12:19 | Join or Login to Reply | Message 4 of 88 in Discussion |
| And if you dont have assets in the UK or any other EU Member State? |
No1Doyen

 Joined: 04/07/2008 Posts: 16617
Message Posted: 28/04/2009 12:21 | Join or Login to Reply | Message 5 of 88 in Discussion |
| Bowman. Then you have no worries. I guess the TC's will close the border shortly. Who will come and enforce the demolition of your property then? |
No1Doyen

 Joined: 04/07/2008 Posts: 16617
Message Posted: 28/04/2009 12:22 | Join or Login to Reply | Message 6 of 88 in Discussion |
| Another point, how will the potential owners of the land find out who owns it now? There are no land and property registers in the south for properties owned in the north. |
zcacmxi

Joined: 30/11/2008 Posts: 388
Message Posted: 28/04/2009 12:22 | Join or Login to Reply | Message 7 of 88 in Discussion |
| If you have assets in the UK or EU, it would probably be worth setting up an Asset Protecting Trust as a precaution. If you dont have assets in the UK or EU, then you're not worth suing and have nothing to lose or protect! |
fairy


Joined: 30/11/2008 Posts: 40
Message Posted: 28/04/2009 12:26 | Join or Login to Reply | Message 8 of 88 in Discussion |
| Sit tight, enjoy the sun and wait for the Cyprus solution, any greek order will not be enforced in the TRNC, in the near future. |
No1Doyen

 Joined: 04/07/2008 Posts: 16617
Message Posted: 28/04/2009 12:34 | Join or Login to Reply | Message 9 of 88 in Discussion |
| I agree fairy - it's unenforceable in the trnc. The concerns are for those with UK assets, where it is enforceable. |
TheSaints


Joined: 28/01/2009 Posts: 1369
Message Posted: 28/04/2009 12:34 | Join or Login to Reply | Message 10 of 88 in Discussion |
| Don't jump the Gun do you know if anyone has a claim to the land your house is on?? If you don't have your PTP yet or Kocan maybe your builder is the one to start sweating. How much land is the government sitting on that they still want to sell? This is nowhwere near a done deal. |
zcacmxi

Joined: 30/11/2008 Posts: 388
Message Posted: 28/04/2009 12:35 | Join or Login to Reply | Message 11 of 88 in Discussion |
| If setting up an Asset Protecting Trust for UK/EU assets seems a little too much hassle/costly, may be another way around is to set up a Trust or other Entity in TRNC and transfer ownership of TRNC property to that. If you trust your partner/husband/wife/etc, it would probably work if one of you owned property in TRNC and the other property in UK. |
blinky


Joined: 07/12/2008 Posts: 187
Message Posted: 28/04/2009 12:35 | Join or Login to Reply | Message 12 of 88 in Discussion |
| i feel let down, i know a lot of you guys on here will tell me 'i told you so!!!etc', but how do they get away with this, i'm sure Turkey will have something to say on this matter. |
muzer

Joined: 02/03/2009 Posts: 68
Message Posted: 28/04/2009 12:37 | Join or Login to Reply | Message 13 of 88 in Discussion |
| yeh how can we get ride of NC |
No1Doyen

 Joined: 04/07/2008 Posts: 16617
Message Posted: 28/04/2009 12:39 | Join or Login to Reply | Message 14 of 88 in Discussion |
| zcacmxi. I gues that most people purchased their trnc home in joint names. The same people would own there UK home in joint names. There lies the problem. You could transfer ownership of your trnc property to a family member who does not have UK assets, however it takes so long to get PTP and by then a claim may have already been made. |
No1Doyen

 Joined: 04/07/2008 Posts: 16617
Message Posted: 28/04/2009 12:40 | Join or Login to Reply | Message 15 of 88 in Discussion |
| blinky. I think Turkey will turn a blind eye to this. Why would they want to get involved? |
blinky


Joined: 07/12/2008 Posts: 187
Message Posted: 28/04/2009 12:41 | Join or Login to Reply | Message 16 of 88 in Discussion |
| i have only paid 3/5ths to my builder, what's the score now? |
fire starter

Joined: 19/06/2008 Posts: 3401
Message Posted: 28/04/2009 12:44 | Join or Login to Reply | Message 17 of 88 in Discussion |
| doyen, how many people here have their pensions payed by the uk gov. money is also an asset in the courts. |
muzer

Joined: 02/03/2009 Posts: 68
Message Posted: 28/04/2009 12:44 | Join or Login to Reply | Message 18 of 88 in Discussion |
| Blinky try and renegotiate the price lol. It will take year for the courts to process these claims. |
erolz

Joined: 17/11/2008 Posts: 3456
Message Posted: 28/04/2009 12:45 | Join or Login to Reply | Message 19 of 88 in Discussion |
| Closing the border is not an option. EU courts can not fine you for not returning property for such return is no more under your control than it is thiers. They may fine you for not complying with other aspects of RoC judgements , like demolition of property and payment of fines made in rulings. If the Orams appeal in the UK to the high court their re the ECJ ruling then we will have to await the decision of that court. It is possible but unlikely imo that the UK court will not agree with the ECJ ruling. If no appeal is made or an appeal is made by the Orams and lost then the process would be the following. A displaced GC identifes you as the TRNC registered owner of their pre 74 land. They take you to court in the RoC. RoC court papers are served on you. You loose the court case in the Roc. The RoC court rules various sanctions, some of which are in your power to comply with and others are not. For those sanctions in the RoC ruling that are in your power to meet, [cont] |
hattikins

Joined: 17/02/2008 Posts: 2793
Message Posted: 28/04/2009 12:53 | Join or Login to Reply | Message 20 of 88 in Discussion |
| Lets keep things in perspective, there is not going to be a mad rush of GC's banging on doors demanding their land/house back, nor is there going to be a convoy of JCB's about to demolish houses. Any claims that are made will take years of legal action/appeals and the proof of ownership may be impossible to prove in many cases. As for anyones pension being at risk, well that is ridiculous, it would take so long to enforce that many people would be pushing up daisies well before that happened. IF any land was recovered by GC,s it would be worthless if they are hoping to sell, who is going to buy anything in TRNC now, and of course this is the end of the road for the talks so nobody will benefit from this judgement. I will move over in May and just carry on as normal. |
TheSaints


Joined: 28/01/2009 Posts: 1369
Message Posted: 28/04/2009 12:53 | Join or Login to Reply | Message 21 of 88 in Discussion |
| This is a puzzler, the apartment we bought from a reputable builder Fikri terkan, is still in the Builders name, the parcelisation has not been completed yet, although has been submitted and PTP will be years away, there are 30 apartments in total. How is that going to work?? |
No1Doyen

 Joined: 04/07/2008 Posts: 16617
Message Posted: 28/04/2009 12:53 | Join or Login to Reply | Message 22 of 88 in Discussion |
| erolz. As the Orams decision is a civil matter, and as such a matter of interpretation by a judge, do decisions of this nature have to be followed as 'precedent'. Or can it be viewed as a decision by one Judge and something different from another. |
TheSaints


Joined: 28/01/2009 Posts: 1369
Message Posted: 28/04/2009 12:54 | Join or Login to Reply | Message 23 of 88 in Discussion |
| Hattikins, I love you............ |
No1Doyen

 Joined: 04/07/2008 Posts: 16617
Message Posted: 28/04/2009 12:57 | Join or Login to Reply | Message 24 of 88 in Discussion |
| Something else to consider. As the Orams decision is a civil matter, and as such a matter of interpretation by a judge, do decisions of this nature have to be followed as 'precedent'. Or can it be viewed as a decision by one Judge and something different from another? |
erolz

Joined: 17/11/2008 Posts: 3456
Message Posted: 28/04/2009 12:57 | Join or Login to Reply | Message 25 of 88 in Discussion |
| the GC plantiff applies to a UK court to enforce them against your assets in the UK. The UK court will do this. So if the RoC court deemed that you have to pay a fine of 8000 pounds the UK court can seek this on behalf of the RoC agaihnst your Uk assets. As to ongoing fines that continue until the property is returned, this is it seems to me more complex, as it is not in your power to meet this requirment and thus it seems unjust to me that you could be fined for something that is not in your power to rectify ? There is nothing in law that would stop the same process being used against a TC with assets in EU countries, though for tactical resons people in the RoC may choose not to persue TC in this way. Eventually I think it is inevitable that such an action will be bought in the RoC against TC as well as non Cypriots. |
blinky


Joined: 07/12/2008 Posts: 187
Message Posted: 28/04/2009 13:00 | Join or Login to Reply | Message 26 of 88 in Discussion |
| If i was a builder, i would be brikkin it now, they surely would be better going out of business!!!, is there any builders out there with an input on this?!!?? |
fire starter

Joined: 19/06/2008 Posts: 3401
Message Posted: 28/04/2009 13:00 | Join or Login to Reply | Message 27 of 88 in Discussion |
| hatti, they have all been waiting for this for the last few years. i think the gc lawyers will be busy today! check out a few other forums and see what they have to say! doyen, from reading this ecj thing it sounds like it is not open for appeal or debate. |
TheSaints


Joined: 28/01/2009 Posts: 1369
Message Posted: 28/04/2009 13:02 | Join or Login to Reply | Message 28 of 88 in Discussion |
| Wait for the response from the TRNC Government, that should be interesting!! |
No1Doyen

 Joined: 04/07/2008 Posts: 16617
Message Posted: 28/04/2009 13:04 | Join or Login to Reply | Message 29 of 88 in Discussion |
| Have we still got the Guarantee? )) |
erolz

Joined: 17/11/2008 Posts: 3456
Message Posted: 28/04/2009 13:04 | Join or Login to Reply | Message 30 of 88 in Discussion |
| no1Doyen I am no legal expert and this is all speculation on my part. I think the ECJ ruling is definative and precdent setting. What I personally think is less clear is to what degree RoC court rulings themsleves could be legaly challenged. It seems to me that one is unlikely to get a fair hearing in such courts on such matters. In the Orams ruling the fines are relatively low on the Ormas and I think this was on purpose. However in future cases I would not be surprised to see larger and larger punative damages being awarded by RoC courts. At some point this would have to be challengable. Also I do not understand how the ROC courts can demand the Ormas do things that are not in their power, like return the property, or pay fines until it is returned. I would think such RoC court rulings that demand indivduals do things they have no power to do could be challenged in EU or ECHR courts ? |
blinky


Joined: 07/12/2008 Posts: 187
Message Posted: 28/04/2009 13:07 | Join or Login to Reply | Message 31 of 88 in Discussion |
| cant access TRNC gov web site, can anyone else? |
muzer

Joined: 02/03/2009 Posts: 68
Message Posted: 28/04/2009 13:10 | Join or Login to Reply | Message 32 of 88 in Discussion |
| Nothing on there at the moment but site is working |
erolz

Joined: 17/11/2008 Posts: 3456
Message Posted: 28/04/2009 13:14 | Join or Login to Reply | Message 33 of 88 in Discussion |
| The most obvious repsonse from the TRNC authorites will be to increasingly seek to make it diffuclut and risky for people to serve RoC court papers in the North. I do not think this will go as far as closing the border as this is not really in the TRNC power to do, but Turkeys and Turkey could nto easily do so without serious repercussions. I think builders and those in real estate will simply shift their focus to non EU buyers and some have already been doing this anyway. Also EU buyers with no EU assets in their name are not really affected by this decision. |
Remli

Joined: 15/04/2009 Posts: 27
Message Posted: 28/04/2009 13:18 | Join or Login to Reply | Message 34 of 88 in Discussion |
| So does this mean TCs can go to the South and claim back their land? |
TheSaints


Joined: 28/01/2009 Posts: 1369
Message Posted: 28/04/2009 13:19 | Join or Login to Reply | Message 35 of 88 in Discussion |
| So Erolz, as my UK place is in my mums name anyway (tax reasons) are you saying that when PTP finally comes through it would be beneficial for me to get the place in TRNC registered in my wifes name only who caries a Republic of Kygyzstan and a Russian passport?? |
keithr

Joined: 20/08/2008 Posts: 720
Message Posted: 28/04/2009 13:19 | Join or Login to Reply | Message 36 of 88 in Discussion |
| I e-mailed my UK bank and they can easily set up a trust for me and transfer my UK property and occupational pensions into it,for a fee of course.... This looks like the easiest way round this ruling and its impact. |
fire starter

Joined: 19/06/2008 Posts: 3401
Message Posted: 28/04/2009 13:21 | Join or Login to Reply | Message 37 of 88 in Discussion |
| keith, i think you should have done this yesterday! |
Sandcastle

Joined: 16/03/2009 Posts: 215
Message Posted: 28/04/2009 13:21 | Join or Login to Reply | Message 38 of 88 in Discussion |
| Do UK assetts also include salary? |
kavenkoy

Joined: 10/04/2008 Posts: 1787
Message Posted: 28/04/2009 13:22 | Join or Login to Reply | Message 39 of 88 in Discussion |
| whoever won it was allways going to be open again for debate and then for none enforcement , i loved the comment about pensions,the financial world mess has allready taken care of that problem. i wouldnt panic ,this is a card played in terms of settlement only. chances are the land would just revert from freehold back to leasehold and the "original "owner given ground rent . the governemnts on either side would then issue something like 50 year lease ownership kav . enjoy the sun and grab efes and let allt he doom and gloom merchants wind somebody else up |
keithr

Joined: 20/08/2008 Posts: 720
Message Posted: 28/04/2009 13:26 | Join or Login to Reply | Message 40 of 88 in Discussion |
| I e-mailed my UK bank and they can easily set up a trust for me and transfer my UK property and occupational pensions into it,for a fee of course.... This looks like the easiest way round this ruling and its impact. |
TheSaints


Joined: 28/01/2009 Posts: 1369
Message Posted: 28/04/2009 13:27 | Join or Login to Reply | Message 41 of 88 in Discussion |
| Hence the New TRNC law on Leasehold |
britvic


Joined: 05/09/2008 Posts: 3039
Message Posted: 28/04/2009 13:28 | Join or Login to Reply | Message 42 of 88 in Discussion |
| I don't think people should be getting overly worried, it would take years and besides, what will happen as in my case where a piece of land has nine Villa's on it, or another that has 300 apartments? Stop worrying everyone....... and as Kavenkoy said, enjoy the sunshine. |
fire starter

Joined: 19/06/2008 Posts: 3401
Message Posted: 28/04/2009 13:29 | Join or Login to Reply | Message 43 of 88 in Discussion |
| the saints i heard a thing or two a while back which goes a little further than that new law, i can't confirm from anywhere else yet, so we will just have to wait and see. |
zcacmxi

Joined: 30/11/2008 Posts: 388
Message Posted: 28/04/2009 13:34 | Join or Login to Reply | Message 44 of 88 in Discussion |
| Msg 41: Re: Leashold. The TRNC is not recognised, so the deeds are not recognised. So, what difference will it being Leasehold make? The ROC/Claimant is taking action against whoever is the current user, regardless of what their TRNC tenancy is. They don't care about the TRNC papers, as they are unrecognised. The way they see it is that the owner is the original Greek Cypriot owner, and whoever is currently using it is a trespasser and is using the land illegally. |
fire starter

Joined: 19/06/2008 Posts: 3401
Message Posted: 28/04/2009 13:39 | Join or Login to Reply | Message 45 of 88 in Discussion |
| what about your guarantee? |
zcacmxi

Joined: 30/11/2008 Posts: 388
Message Posted: 28/04/2009 13:39 | Join or Login to Reply | Message 46 of 88 in Discussion |
| Turkey/TRNC has the following options: 1) Do nothing. Allow TRNC property owners to be harassed by Greek Cypriots. (LIKELY) 2) Close the border until a Comprehensive Settlement preventing the harassment. (UNLIKELY) 3) Annex TRNC. (EVEN LESS LIKELY) TRNC Property owners with EU assets have the following options to protect assets. 1) Put TRNC property in the name of another entity, it may or may not help. 2) Protect EU assets using trusts or other entities. |
fire starter

Joined: 19/06/2008 Posts: 3401
Message Posted: 28/04/2009 13:43 | Join or Login to Reply | Message 47 of 88 in Discussion |
| which you should have done before now! |
hattikins

Joined: 17/02/2008 Posts: 2793
Message Posted: 28/04/2009 13:47 | Join or Login to Reply | Message 48 of 88 in Discussion |
| Saints , I love you too, don't worry, be happy. Hatti |
zcacmxi

Joined: 30/11/2008 Posts: 388
Message Posted: 28/04/2009 13:55 | Join or Login to Reply | Message 49 of 88 in Discussion |
| Re: Msg 47. Should have done before. Clearly it may be too late for the Oram's, but others still have a chance! |
bootneck


Joined: 23/06/2008 Posts: 242
Message Posted: 28/04/2009 13:55 | Join or Login to Reply | Message 50 of 88 in Discussion |
| Fire Starter can you see any sunshine or is it all doom and gloom for you!! |
blinky


Joined: 07/12/2008 Posts: 187
Message Posted: 28/04/2009 13:55 | Join or Login to Reply | Message 51 of 88 in Discussion |
| if there are twelve houses on the land, we have one of those houses on this land, would'nt the value of the land be taken into consideration @ pre 74 value then split up by 12? or would it be 2009 value and split up by 12? either way the value wouldnt be to much would it? 30k??? its still cheap to pay for isnt it or am i wrong??? |
bootneck


Joined: 23/06/2008 Posts: 242
Message Posted: 28/04/2009 13:59 | Join or Login to Reply | Message 52 of 88 in Discussion |
| Come on wait till the full details have been released of the case, before everyone starts running up the wall the summer is here so enjoy it!! |
Littlenige


Joined: 24/12/2006 Posts: 3594
Message Posted: 28/04/2009 14:02 | Join or Login to Reply | Message 53 of 88 in Discussion |
| Who gives a stuff I have no uk assets, there is a mortgage on the land I have no pool we may get mains leccy soon................................. The sun is shining AND I am off for an effes |
fire starter

Joined: 19/06/2008 Posts: 3401
Message Posted: 28/04/2009 14:09 | Join or Login to Reply | Message 54 of 88 in Discussion |
| bootneck, the sun always shines in my life, but then i never came here wearing rose coloured glass's! |
blinky


Joined: 07/12/2008 Posts: 187
Message Posted: 28/04/2009 14:15 | Join or Login to Reply | Message 55 of 88 in Discussion |
| I Did Mucca!! |
blinky


Joined: 07/12/2008 Posts: 187
Message Posted: 28/04/2009 14:17 | Join or Login to Reply | Message 56 of 88 in Discussion |
| Ahhh well....Theres always the footy to look forward too!! come on UTD.... |
bootneck


Joined: 23/06/2008 Posts: 242
Message Posted: 28/04/2009 14:19 | Join or Login to Reply | Message 57 of 88 in Discussion |
| I am glad Fire Starter that you did your home work and hope everyone else did as it aint all doom and gloom, lets see what unfolds! say hi to Terry Fire Starter |
pilgrim


Joined: 11/05/2007 Posts: 1404
Message Posted: 28/04/2009 14:23 | Join or Login to Reply | Message 58 of 88 in Discussion |
| Blinky, your not wrong, whats the worry. probably less in most cases. |
DutchCrusader


Joined: 19/05/2008 Posts: 11281
Message Posted: 28/04/2009 14:27 | Join or Login to Reply | Message 59 of 88 in Discussion |
| So nice to read "fire_starter's" valuable input today, isn't it, fans? It sounds more or less like "hehehehehe!". And until now it's only her! Wait till juliet, 6xm, pikey and some others join the chorus... PS. Is "fire-starter" the (ex-)owner of the "Top Dog Hotel" (if it still exists) in TRNC? |
Amber

Joined: 26/09/2008 Posts: 561
Message Posted: 28/04/2009 14:29 | Join or Login to Reply | Message 60 of 88 in Discussion |
| What about those trying to sell ?? its been hard enough before today's decision. |
hattikins

Joined: 17/02/2008 Posts: 2793
Message Posted: 28/04/2009 14:30 | Join or Login to Reply | Message 61 of 88 in Discussion |
| Well Pikey and Juliet will just have to gloat in private cos they are banned off here, but 6M is conspicuous by his absence. |
fire starter

Joined: 19/06/2008 Posts: 3401
Message Posted: 28/04/2009 14:40 | Join or Login to Reply | Message 62 of 88 in Discussion |
| dutch, if your thinking of playing with fire, i suggest you don't go there! fingers might get burned!! for the last year it has been ok for the likes of you to dish it out to pike, juliet m's and myself, so what is it can't stand egg on your face!! jules says : i told you so! pike is celebrating, laughting at you. m's i'm sure will be here shortly. maybe you should have told the history of cyprus from both sides, all that useless information , pity you didn't tell it like it was, but then you wouldn't would you? after all you live on that joke they call exchange land. for the record i don't need your free advertising thanks. p.s . lots of my friends live on exchange land, the only difference is they knew this was coming. they are not crying into their beer about it. grow up and take it like a man! |
blinky


Joined: 07/12/2008 Posts: 187
Message Posted: 28/04/2009 14:46 | Join or Login to Reply | Message 63 of 88 in Discussion |
| Lets not fall out, getting silly personal e-mails guys.... there is no need!! is there a web based site that shows what land is owned by GC & TC??? |
mmmmmm


Joined: 19/12/2008 Posts: 8398
Message Posted: 28/04/2009 14:47 | Join or Login to Reply | Message 64 of 88 in Discussion |
| Dear DC and Hattikins re msg 59/ 61 "Wait till juliet, 6xm, pikey and some others join the chorus... Well Pikey and Juliet will just have to gloat in private cos they are banned off here, but 6M is conspicuous by his absence." I personally, have nought to comment - Erolz - has covered most bases , and if I post I'll be accused of "gloating"... I've always said the UK Judge WRONGLY interpreted Protocol 10 - and I told Ismet this a year ago. So are you "happy", now? ErolZ is quite right only TR could close the crossing points - but I DON'T agree that the consequences wouldn't be severe 1/ for TCs earning a living 2/ TR would be in breach of a ECHR ruling - so there'd be fines, etc. If the Ormas' appeal - in will only delay the inevitable. Those clammering to hide their EU assets - I repeat - it is a simple process to undue manoeuvres to avoid creditors. I expect lot's of silliness over the next few weeks - if you've all your eggs in "TRNC" - I guess you |
mmmmmm


Joined: 19/12/2008 Posts: 8398
Message Posted: 28/04/2009 14:51 | Join or Login to Reply | Message 65 of 88 in Discussion |
| (cont from 64) are pretty "safe"... but again - the fact cannot be ignored that outside TR/ "TRNC" your purchase is not recognised. The pre 74 TR / Foreign deed route always was safer - despite recent cynical attempts to try to reduce their value. I still advise these are the best route - making sure the sale is registered in the RoC |
DutchCrusader


Joined: 19/05/2008 Posts: 11281
Message Posted: 28/04/2009 14:53 | Join or Login to Reply | Message 66 of 88 in Discussion |
| RE msg 62, fire_starter > if your thinking of playing with fire, i suggest you don't go there! fingers might get burned!! < => Just an observation - because you're so fond of "the truth". Do you agree that you obviously don't mind making money from expats who live on your beloved GC ex-land? |
DutchCrusader


Joined: 19/05/2008 Posts: 11281
Message Posted: 28/04/2009 14:59 | Join or Login to Reply | Message 67 of 88 in Discussion |
| Msg 66 is wrong of course - if you are not the (ex-)owner of the Top Dog Hotel in TRNC. Well, your answer will tell us all, won't it? PS. And threats are now allowed on this board. |
DutchCrusader


Joined: 19/05/2008 Posts: 11281
Message Posted: 28/04/2009 15:00 | Join or Login to Reply | Message 68 of 88 in Discussion |
| Re msg 67, typo threats are now allowed = threats are not allowed |
No1Doyen

 Joined: 04/07/2008 Posts: 16617
Message Posted: 28/04/2009 15:13 | Join or Login to Reply | Message 69 of 88 in Discussion |
| Mark, what do you mean by - "Those clammering to hide their EU assets - I repeat - it is a simple process to undue manoeuvres to avoid creditors" Please explain. |
erolz

Joined: 17/11/2008 Posts: 3456
Message Posted: 28/04/2009 15:15 | Join or Login to Reply | Message 70 of 88 in Discussion |
| mmmmmm msg 64 "ErolZ is quite right only TR could close the crossing points - but I DON'T agree that the consequences wouldn't be severe" Just to be clear I too think the consequences for Turkey of closing the border are too great for them to do this. As I said originaly "Turkey could nto easily do so [close borders] without serious repercussions." I do think that people will inevitably be moving assets around in order to reduce potential liblities arising from this ruling and I do not think that doing so before they have a case brought against them would be a case of hiding assets from creditors. After a RoC rulings sure such moving of assets would be seen as avoiding creditors, but moving them before such could not be deemed as such by courts could it ? If I personaly had any assets in the UK that were not already covered in first charges up to and beyond their present value I may well consider moving them in ways as to minimise the risk from potential roc rulings. |
mmmmmm


Joined: 19/12/2008 Posts: 8398
Message Posted: 28/04/2009 15:22 | Join or Login to Reply | Message 71 of 88 in Discussion |
| Hi Erol re msg 70 Thx for the clarification re TR - as I said I expect a LOT of silliness over the next few weeks .. huge penalties for serving "illegal writs" in "TRNC" will be one.. !! My summary: 1/ The Orams' ( their "advisor") made the mistake NOT to defend the writ. 2/ I would not post on here that you "own" a home in "TRNC" nor would I list one's email addy - I think the reasons are quite clear. |
mmmmmm


Joined: 19/12/2008 Posts: 8398
Message Posted: 28/04/2009 15:26 | Join or Login to Reply | Message 72 of 88 in Discussion |
| Re msg 70/71 Erol and Bill Imagine the scenario - in the UK if one owes money ( court order) and you have assets / income - a charging order can be obtained OR if you owe more than £750 pounds a Bankruptcy order. In the latter case, the official Receiver steps into your equity shoes. If he checks and found you established a trust - or some similar Trust transferand he deems this was to avoid creditors, he can set it aside AND he can go back years - not months. |
fire starter

Joined: 19/06/2008 Posts: 3401
Message Posted: 28/04/2009 15:36 | Join or Login to Reply | Message 73 of 88 in Discussion |
| dutch grow up! btw i'm sure dogs aren't interested in the rights and wrongs of the property situation in cyprus. more like walkies and doggie treats, making it personal dutch is also against the rules is it not? to be honest you made your bed now lie in it. as i said before many of my friends live on exchange land! i actually feel sorry for them. they spent their life savings on a home which has caused them nothing but misery. do you think i am that cold ,i am happy to see my own people robbed in this way? you clearly don't know me at all. |
DutchCrusader


Joined: 19/05/2008 Posts: 11281
Message Posted: 28/04/2009 15:39 | Join or Login to Reply | Message 74 of 88 in Discussion |
| RE msg 73, fire_starter > as i said before many of my friends live on exchange land! i actually feel sorry for them. they spent their life savings on a home which has caused them nothing but misery. do you think i am that cold ,i am happy to see my own people robbed in this way? < => Yes, I DO think that you enjoy the misery of your own people. You have not posted ONE line today and in the past to give me a different impression. |
blinky


Joined: 07/12/2008 Posts: 187
Message Posted: 28/04/2009 15:49 | Join or Login to Reply | Message 75 of 88 in Discussion |
| DutchC & FireS ..take your argument elsewhere please guy's & girls!! |
fire starter

Joined: 19/06/2008 Posts: 3401
Message Posted: 28/04/2009 16:00 | Join or Login to Reply | Message 76 of 88 in Discussion |
| i have been busy today working on a project helping a local tc friend, something which will benefit all of the trnc. you can have your own thoughts about me, but those that know me, do know if i can help them i will. so i guess you just don't know me! i do have better things than to do stay here and argue with you. why not check out some other topics like the cattery one and help someone out as i don't have your friends number at the cat and dog! |
millzer

Joined: 12/04/2007 Posts: 978
Message Posted: 28/04/2009 16:02 | Join or Login to Reply | Message 77 of 88 in Discussion |
| When all is said and done are the developers/TRNC gov/Turkish gov not also culpable in all this mess. Did they not sell this land on, encourage purchasers, did they not take profits, money in taxes, fees, issue title deeds etc etc etc etc. I wonder when the first court case will proceed against one of them. Or will they get off scot free in all of this. I wonder. |
erolz

Joined: 17/11/2008 Posts: 3456
Message Posted: 28/04/2009 16:08 | Join or Login to Reply | Message 78 of 88 in Discussion |
| "In the latter case, the official Receiver steps into your equity shoes. If he checks and found you established a trust - or some similar Trust transferand he deems this was to avoid creditors, he can set it aside AND he can go back years - not months." My understanding is that a reciever or creditor would have to be able to prove that I moved assets with the intent of avoiding the particular claim. If I moved the assets before any such claim even exists I think it would be pretty hard to prove this intent ? Having said that I am no expert on these kind of things. What I do know is that such experts do exists and that people do regulalry reduce potential liabilites from all sorts of creditors in both legal and ethical ways as well as in more dubious ways. |
wallywopper

Joined: 24/03/2009 Posts: 5
Message Posted: 28/04/2009 16:04 | Join or Login to Reply | Message 79 of 88 in Discussion |
| Well Remli I certainly hope so it will be like putting the boot on the other foot as I can see the GC,s dancing round the kitchen table singing whats yours is mine and mines my own. |
yogi444

Joined: 16/04/2009 Posts: 11
Message Posted: 28/04/2009 16:04 | Join or Login to Reply | Message 80 of 88 in Discussion |
| I am not a lawer, but from what information I have seen & heard putting UK assets in wifes name will not protect them unless you then divorce her. |
blinky


Joined: 07/12/2008 Posts: 187
Message Posted: 28/04/2009 16:30 | Join or Login to Reply | Message 81 of 88 in Discussion |
| Sent Info to sener Law, not heart owt as yet!! |
wanderer

Joined: 05/02/2009 Posts: 1653
Message Posted: 28/04/2009 16:58 | Join or Login to Reply | Message 82 of 88 in Discussion |
| I did not vote to Join the EU and the state of the UK is such that what's the point of being in the UK run by the minority for their own benefit ! So what does it take to become a Turkish citizen with TRNC residency renouncing my English passport and EU citizenship . Would you be pursued then? |
mmmmmm


Joined: 19/12/2008 Posts: 8398
Message Posted: 29/04/2009 08:32 | Join or Login to Reply | Message 83 of 88 in Discussion |
| Dear Wanderer, re msg 82 "I did not vote to Join the EU" .. Well looking at your profile age, you should remember the little referendum that we had to join the EEC ;) Who is this "minority"..? "So what does it take to become a Turkish citizen with TRNC residency renouncing my English passport and EU citizenship . Would you be pursued then?" It matters not what nationality you are - it's if you have assets in the UK.. having had a RoC judgement entered against you.. |
No1Doyen

 Joined: 04/07/2008 Posts: 16617
Message Posted: 29/04/2009 09:37 | Join or Login to Reply | Message 84 of 88 in Discussion |
| Mark, seriously, you must stop attacking people with this statement about "if you have assets in the UK.." The challenge will come for the property / land in the trnc. If a deal can't be struck with the 'assumed rightful owner', then and only then will an 'attempt' be made on your UK assets. I would guess that most owners in the trnc who are 'challenged' with rightful ownership will strike a deal with the 'assumed rightful owners' at that point. A challenge on your UK assets? - forget it, it won't happen. |
TheSaints


Joined: 28/01/2009 Posts: 1369
Message Posted: 01/05/2009 23:47 | Join or Login to Reply | Message 85 of 88 in Discussion |
| Bill, correct the big mistake the Orams made was they did not respond to the writ they recieved. If you are Challenged over rightfull ownership of a property in the TRNC then respond immediately and refer them to the IPC (Immovable property commision) this is the mechanism set up to deal with GC's claims on land in the TRNC. |
rtddci

Joined: 29/12/2007 Posts: 842
Message Posted: 01/05/2009 23:56 | Join or Login to Reply | Message 86 of 88 in Discussion |
| I don't think that Mr Apostolides was interested in 'striking a deal'. If the price isn't right (and it ain't gonna be cheap), or the original owners wants their land back as a matter of principle then there will be a court case. As for 'A challenge on your UK assets? - forget it, it won't happen.' Is that what the Orams were told? |
rtddci

Joined: 29/12/2007 Posts: 842
Message Posted: 02/05/2009 00:01 | Join or Login to Reply | Message 87 of 88 in Discussion |
| Problem with the IPC is that the ECJ basically threw that one out on the grounds that a GC didn't have to go down that route. The RoC civil court could deal with it. The Orams advocate was the one that failed to enter an appearance on time even though he knew the cut off date. He put in an appearance the next day. Trouble was that he (& therefore the Orams) had no legal excuse for not being within the time limits to defend the case. Having said that, all academic really as the court would have gone against the Orams anyway. |
TheSaints


Joined: 28/01/2009 Posts: 1369
Message Posted: 02/05/2009 16:26 | Join or Login to Reply | Message 88 of 88 in Discussion |
| rtddci, incorect at the time the current case started the IPC was not in place now the ECHR recognise this as the correct way to go. |
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