Late Delivery Penalty from Boyut Construction

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
29/03/2010 14:06

My daughter and son in law bought two small units from Boyut in 2007 and combined them into one. It was a small development of eight units just behind the Ship. The delivery date was 1st September 2008 plus two months grace. The work has been at a standstill for the last twelve months. They could finish it in a month if they worked hard at it. So I sued them for twelve months late delivery from 1st November 2008 to 31st October 2009 for 6000 GBP i.e. 500 pounds per month as per contract.



They postponed it five times to give their defence and yet no defence in sight. I was there in court with my wife first thing in the morning and I was first in the queue. I "proved" my case and got judgement for 6000 pounds plus interest plus costs. The order was against Boyut and Firat as a guarantor to the sale agreement.

I can sue them again for further late penalty as from 1st November 2009 as and when I see fit.

Watch the next step. I rather not reveal anything until after I do it

ismet

PS: we are lucky because we got Firat as guarantor and also got the share titles!!! I bought my daughter another villa with an individual swimming pool this time, so Boyut can take their time to finish it

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
29/03/2010 14:19

well done elco2 just shows folk it can be done . Have you received your 6000 pounds yet if not will you let us know when you do . This should encourage other readers to follow the same route as you . Shining example here folks !!!

fiendishpaul


Joined: 18/05/2008
Posts: 1720

Message Posted:
29/03/2010 16:19

Well done Ismet, but as everyone knows, in the the TRNC getting an award from the courts and then actually receiving that award from the developer are two totally different prospects. I wish you the very best of luck and hope to see a successful post in the very near future.



Regards



Paul

professoregit


Joined: 30/08/2008
Posts: 381

Message Posted:
29/03/2010 17:36

Nice to see something positive come out of the judicial system for a change. Well done Ismet. At the risk of sounding sarcastic, please let us know when you get the dosh.

Brinsley


Joined: 04/04/2009
Posts: 6858

Message Posted:
29/03/2010 17:52

Ismet

A repetitive request but where the hell is your name on the Presidency list of standing candidates?! Talat's post boys had the cheek to plant one of his 'fliers' in my post box today, http://www.talat-kktc.org and I can't even vote! Is that his daughter he's hugging? Could change my political views if it is!



Richard

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
29/03/2010 21:14

The name of the game is "patience" and you can all rest assured that I know every trick in the book. However as I wrote above, I will not reveal my steps beforehand for obvious reasons. I will let you all know as we progress.

ismet

Lilli



Joined: 21/07/2008
Posts: 13081

Message Posted:
29/03/2010 21:22

elko my lovely friend you must have the patience of a saint but well done for sticking to principles x

fiendishpaul


Joined: 18/05/2008
Posts: 1720

Message Posted:
30/03/2010 08:03

Go get em Elko !!

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
31/03/2010 20:02

Today I filed a writ against Boyut and another one against Firat. I have also put a memorandum on the shares of Boyut for the site in question.

Both writs may come back unsatisfied in which case I will probably ask the court for a forceful sale of the shares of Boyut and also file bankruptcy proceedings agains Firat.



I have a funny feeling that I will be collecting the 6000 pounds late penalty plus costs faster than anticipated. It is the only way to stop me enjoying myself

ismet

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
31/03/2010 20:10

Good for you Elco2 well done !!

Krin52


Joined: 25/08/2008
Posts: 419

Message Posted:
31/03/2010 20:43

Ah Elko, You are having TOO much fun! Well done!

Turtle


Joined: 28/05/2007
Posts: 2669

Message Posted:
31/03/2010 21:51

Ismet....good on you.



We were a whisker away from putting a deposit down on the same development that was early 2005 ?

They were quoting 18 months to completion which should have been August 2007 but as you know they are still months away.

Just glad we took some sound advice and decided not to buy.





Good luck.