I had Enough with Boyut Construcion

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
29/10/2009 17:37

My daughter had bought from Boyut Construction two years ago and it was supposed to finish last year. They are one year behind and nobody knows when it will be finished. Thats why she was looking for a new villa and today we shook hands with a villa owner in Catalkoy. Thanks to Vaughan for putting me in touch.

Next step is for me to sue Boyut. We are in a favourable position because

a) We have a share Kocan

b) The boss of Boyut signed the sale agreement in person as a guarantor (guess who drew up the contract?)

I am going to sue them both i.e. the company and the person for late delivery i.e. £500 pounds per month. He can take his time as much as he likes.

I am getting Powers of Attorney from buyers (my daughter and her husband) and I will sue them in that capacity. So I intend to conduct the trials in person. After judgement let us see if they can wiggle out of it against me. I think I know all the tricks in the book, so let them try it. Good luck to them.

ismet

kibrissibel


Joined: 18/02/2008
Posts: 562

Message Posted:
29/10/2009 18:01

Good for you Ismet. I don't doubt you will win. It's about time the rogue developers etc were made accountable for depriving innocent buyers of their life savings and their health because of their actions. Can you represent anyone with a POA? You could have a lucrative career here!

Lilli



Joined: 21/07/2008
Posts: 13081

Message Posted:
29/10/2009 18:01

very best of luck ismet, if any one can do it you can xxx

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
29/10/2009 18:08

Sibelle,

I wished I could. Theoretically I should be able to represent anybody with a POA but that should raise a few eyebrows from the judges. Even in my case, I will let my wife file the case but the plaintiffs will be my daughter and her husband represented by me. Then my wife will not attend the court in Girne and I will tell the judge that I am ready and willing to go ahead. So it sounds a nice formula.

ismet

rocky


Joined: 17/10/2007
Posts: 1749

Message Posted:
29/10/2009 18:39

good luck elko but dont take too long answering the questions!!

pinkchilli


Joined: 30/11/2008
Posts: 689

Message Posted:
29/10/2009 18:58

Elko



Is there anyway, this case can be documented?



I mean, a list of every phonecall, email, discussion, letter, court attendence, etc.



I do not expect you to "publish" this until everything is concluded, but it could be an excellent source of information.



If other developers/builders/estate agents/lawyers/judges, are aware of what could be achieved by keeping the above list, things may start to move in the right direction.



It could also be a "best-seller" then possibly a "movie".



I wish you and your family much success.



Regards



PC

rocky


Joined: 17/10/2007
Posts: 1749

Message Posted:
29/10/2009 19:13

he could also do a follow up film and call it Elko 2!!!

everon


Joined: 18/04/2009
Posts: 956

Message Posted:
29/10/2009 19:44

good for you and good luck x

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
29/10/2009 19:56

Hey, if you are after material for a best film, the most hilarious one was my speeding trial. After the second police wittness the attorney filed a "nolle prosequi" i.e. they suspended the case. I opposed it becaue I wanted a proper acquittal and I took it all the way to the constitutional court and took away the priviledge from the Attorney General. The exchanges and me cross examining the police were really hilarious. Tht would make more fun than me suing a poor developer



Pinkchilli,

I can document it to some extend if I keep a record of my summing up as I did with my last traffic case with all the technical details. I have given it out to at least a couple dozen of advocates.

ismet

smithy


Joined: 17/07/2008
Posts: 5301

Message Posted:
29/10/2009 20:00

Hello Ismet

I wish you all the luck in the world, if anyone can do it you can

keep us posted

Blackpoolfan


Joined: 03/12/2008
Posts: 1568

Message Posted:
29/10/2009 23:01

Elko

Give them el, good luck and the fact it is concerning a family member this will hopefully make it all the sweeter when you take them to the cleaners see how they like it.............

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
29/10/2009 23:08

Assuming that the other side will try to postpone a hearing as long as they can, it will be January before I can get a judgement and give me another nine months to take out writs and then bankcrupcy proceedings to force them into a corner.

Here is a list of foreseen steps:

1. Search at companies house for registered address

2. Send official notices of demand for late delivery so far. I am not cancelling the contract, hence I am not asking for full damages, only for late delivery so far.

3. File a case againt them and also ask for an injunction against their properties.

4. They will put in a "memorandum of appearence", otherwise I will be free to ask for judgement against them in their absence.

5. They will not file a defence in time and thus I will file a "default" appliation against them.

6. They will ask for extension of time to deliver their defence. This will be repeated a few times.

7. File reply to their defence and ask for a date for a hearing.

8. They will try a few

Lilli



Joined: 21/07/2008
Posts: 13081

Message Posted:
29/10/2009 23:19

Ismet didnt the director go to Turkey it seedms top avid national service xx

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
29/10/2009 23:19

delaying tactics, not coming to court either the defendants or their advocate and expres an excuse. A couple of postponements.

9. Eventual hearing and judgement in my favour. I will ask C44 help to prove that the going rate or rent for a place arounde the Ship is about £500 permonth, the amount I will be asking for.

10. Take out writs against the defendants.

11. Writs will eventually be returned as the defendants not having any "immovables".

12. I will use the returned writs as evidence that they are not able to pay their debts and start bankruptcy proceedings. This is not a well known proceedure but I did it before and I hope I find my notes that I compiled and gave to the judge in my previous case as guidance. If not I will have to compile them again.

13. In parallel to the bankruptcy proceedings I will ask for forceful sale of the assets of the defendants.

14. These assets will include some properties already sold to other buyers.

15. I will file a new case for late penalty

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
29/10/2009 23:21

for another twelve months. so as I pointed out above, I will be filing cases for every 12 months and let him pay me rent £500 pounds a month. I am not in a hurry for him to finish the house

ismet

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
29/10/2009 23:24

Oh Lili, I think he is back but if he is not and I am not able to service him the file, I will do it by publishing it in a daily newspaper. Its no bother for me. I hope he does not have the money to pay for a defence. One way or other, I will move against his personal assets plus against the assets of the company.

ismet

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
29/10/2009 23:34

msg. 11

Blackpoolfan,

You can be sure that I will take them to cleaners for a full treatment. I think I will use Arklone, the best chemical available. I think it was the year 1967 when ICI introduced Arklone as a degreasing agent and I was the person at GEC who tested its effectiveness. It was much better than the commonly used haydrogen cloride because it could remove grease even when trapped whithin water i.e. it was very effective in removing fingerprints on metal components. Ah well, I can't get away from my technical past.

ismet

Mindy



Joined: 27/10/2008
Posts: 1210

Message Posted:
29/10/2009 23:47

Ismet, he is meant to be in army until February, you will have to get in the queue behind the banks.

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
30/10/2009 00:09

Mindy,

I am not worried and I don't intend to line up in a queue. I have a few tricks up my sleeve. Watch this space.

ismet

millzer


Joined: 12/04/2007
Posts: 978

Message Posted:
30/10/2009 02:09

Message 7, or even 'Rocky 22'

AlexF065


Joined: 07/09/2009
Posts: 271

Message Posted:
30/10/2009 02:36

Good Luck Ismet

pinkchilli


Joined: 30/11/2008
Posts: 689

Message Posted:
30/10/2009 07:56

What can stop him, legally, transferring his personal assets to his relatives, and therefore putting them out of your reach, assuming he has not already done so?



PS. Type "Boyut Construction" into Google. Ismet's topic is currently at position number 5.



Strangely enough, the top hit is for Boyut's own site, "Boyut Construction" which is under rebuilding!

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
30/10/2009 08:04

msg. 22

Pinkchilli,

First of all fraudulent transfer of assets is a crime and I am the person to go after him. Secondly as long as he is a director of Boyut or he does any work elsewhere, I can get an order from the court to make him pay me monthly installments and if he does not he goes to prison for one month at at time. I can follow him very closely and send him to prison for a month every couple of months for disobeying a court order. Let him try and see what struck him. Normally I am very gently and always look for a compromise but I do not allow any monkey business. As simple as that.

ismet

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
30/10/2009 08:13

A few years back somebody tried to avoid payment to me by transferring his property to his brother. I went after him and filed a case of fraudulent transfer and asked the court to cancel the transaction. I got them into a very tight corner and they agreed to pay me about 20,000 Euros. They borrowed the money from the bank, paid me and I withdrew my case. Now he has brain tumour, he needs money, wants to sell the property but his brother does not want to give it back to him. That is another risk!

ismet

craig2536


Joined: 09/06/2007
Posts: 277

Message Posted:
30/10/2009 17:47

elko you will probably find the director in his bar, on a daily basis, and no its not owned by his father as many people think, its his. I am sure you know where it is

Mindy



Joined: 27/10/2008
Posts: 1210

Message Posted:
30/10/2009 18:09

I was told he was away in Military until Feb, has he been seen recently at his bar then Craig.

rocking


Joined: 05/11/2008
Posts: 421

Message Posted:
30/10/2009 19:29

Well done Elko reading the replies from Boyut on another thread sounds as if nothing to worry about on their sites - I assure you there is. There is a site next to me that should have been finished 3 years ago and is still in a dreadful mess - most of them living there are trying to do what they can to the site themselves. One dear person has had a stroke and I feel sure that the stress never helped with her help. 'In the army' I have been hearing this for nearly 2 years from people on the site. All power to you Elko - how dare tin-pot s--- try and destroy peoples hopes of a better life.

Hector


Joined: 26/08/2008
Posts: 2352

Message Posted:
30/10/2009 21:07

What amazes me, if Elko can do this, what the f.. are the lawyers doing?

Tenakoutou



Joined: 27/07/2009
Posts: 4110

Message Posted:
30/10/2009 22:02

Elko, in Msg 23, points out that: 'First of all fraudulent transfer of assets is a crime...' - was, or wasn't that done in the 'Sun Villas' debacle?

Mindy



Joined: 27/10/2008
Posts: 1210

Message Posted:
30/10/2009 22:17

the landowner at sun villas declared he had no assets, and he had money problems, yeah right, it must be all salted away somewhere.

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
31/10/2009 00:13

Hector (msg. 28) I am no lawyer, I am a genius



Tenakoutou (msg. 29) This is a law not well known. It is doubtful if you can use this law as well as cancellation of fraudulent transfer at the same time. It can be argued that it is in the alternative. Leave such complicated things to me to deal with. In fact dealing with fraudulent transfer issue is a very technical matter but I have gone through all that before!

ismet