CYPRUS44FORUM-who is it for? when Advocates & landownders close posts

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
23/10/2011 19:27

I Don't know who to post the address of the previous post:



Browneyes - You seem to 'have it in for Benan' and even post that her Husband is my Advocate - A very good Advocate I might add. Not many advocates take a case which includes his fiance/wife. He told the client there may be a conflict of interest as his fiance was one of the parties. His client stated he was happy to take him on as he had been honest and up front. He then prosecuted the case against his fiance. There was no problem becasuse Benan had done everything required of her and the case against her was thrown out. Hasan knows about his as I told him

HOWEVER, you fail to mention that Hasan Sungur's Advocate Mr Sahrap is also Mr Soker's Cousin - so it is a full family affair.

malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
23/10/2011 20:11

Hildy it's continued from http://www.cyprus44.com/forums/76530.asp

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
23/10/2011 21:21

Misunderstood:

If you say my Build Permit yesterday - how come I have not seen it in 5 years of waiting - Answer me that!

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
24/10/2011 04:47

Bill

Thank you very much for your kind offer. It is nice to know that there are people out there who genuinly like to offer help to others on a nuetral basis.

In May 2011 I had a meeting with Hasan Sungur an he asked that Marian Stokes be his contact link. Marian attended the meeting and She followed up the arrangements/agreements in the meeting - She has attended no further meetings.

In August Hasan Sungur invited me to a meeting to discuss the situation (no Mention of Marian) He asked me NOT to bring my advocate as then he would have to bring his etc etc etc. I was asked to bring a friend who could speak Turkish & English - My TC friend was working so I asked if Benan could attend as I have found I can trust her. When I arrived at the meeting I was introduced to 'Browneyes' as his friend. During the meeting I started to feel very uncomfortable about the way the discussions were going so I asked Browneyes what 'exactly' her role was.

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
24/10/2011 04:57

She informed me that she was a Legal Advisor with a firm of Advocates in Lefkosia - NICE ONE!!!!!!

i am asked not to bring my legal advisor but he brings one.

I see you support Liverpool, whilst being a Sunderland Supporter I also follow Liverpool and Manchester United (bad score last night). I watched both these teams when Kevin Keagan and George Best played - they were fantastic to watch.

One of the Incesu buyers is from Liverpool Recently he lost his HGV driving job due to the recession and then he lost his house in Liverpool. He has struggled for some while and then he got another job and has now broken his elbow so has been unable to work. His house was the first one built in 2006/2007 but is the worst one on the site. It does not even have a pool or a pool structure or foundations, yet he was asked to pay for pool foundations by Sener Law Firm. HHe only ows £7,000.

I an sorry not to take up your kind offer but I feel that there has already been too many people in this

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
24/10/2011 16:06

THERE IS NO BUILD PERMIT ON THE INCESU LAND

billlfc



Joined: 04/11/2008
Posts: 69

Message Posted:
24/10/2011 16:16

NP , Hildy .

Good luck with your mission to get your house that u worked all your life working 4.

I will say a pray tonight 4 all loses in this cracy legal country............





best of luck BILL

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
24/10/2011 16:35

Thank you very much Bill for your wishes and your prayers.

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
24/10/2011 16:39

Can anyone answer another question for me.

I was told this morning by an acquaintance that If I go to court and win compensation, then the land and the buldings revert back to the landowner and builder and they can then botch them up and resell them at a higher price and originally sold due to price rises since 2006.



If this is true no wonder there are problems here. The CAN have their cake AND eat it.

I have paid almost the full amount (I owe £8125.00 plus VAT) in total around £100k they can get the land and my house back with no restrictions on them



WOW!!!!!!!!

erolz


Joined: 17/11/2008
Posts: 3456

Message Posted:
24/10/2011 17:04

Hildy the laws here are a mess. To the best of my understanding.



If you have a contract here, say for sale of a property, and you go to court for breach of that contract, and the courts rule in your favour all the court can do is declare the contract null and void in it's entirety and order the party in breach of the contract to refund monies paid. They can not rule that because of breach of contract, one party must transfer deeds or anything else, only that the contract is void. They might encourage the parties to find a compromise short of voiding the contract themselves but they can not impose such.



So in your case, you have a contract with a builder. If you sue the builder for breach of that contract and the court finds in your favour the contract is voided, the builder will be ordered to pay back your money, though actualy getting it is another matter entirely. It will then be as if the contract never existed.

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
24/10/2011 17:10

and then the Landowner and the builder can go back, revamp the house and sell it again, apparently.....

WOW that is sick!!!!

erolz


Joined: 17/11/2008
Posts: 3456

Message Posted:
24/10/2011 17:16

The landowner is seperate in such a case. They may have a contract with the builder but that is not voided because a contract between the builder and a buyer is voided by the court. If you win a case against the builder for breach of contract and the contract is voided and the builder is ordered to pay back monies you paid you can apply for a 'memorandum' to be placed on any assets the builder has against the court order to return your monies. However if the land is not in the builders name then these are not assets you can place a memorandum against because it is the builder who owes you the money and they do not own the land. In any case even if you can find assets that the builder has and get a court to place a memorandum on those assets, it is still far from clear that you will actualy get your money back and this is one of the (many) failings of the current legal system here in trnc that makes buying so risky.

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
24/10/2011 20:06

Misunderstood & Browneyes:

The copy I have of the contact between Cafer & Hasan states:

"For QUALITY STANDARD of the construction one of the constructions done previously by the contractor will be taken as precedent and it can not be below the standard of KTMMO"

- The buiilding we were shown was Hasan Sungur's house and it was NOT built by Cafer, although Cafer had the keys and showed us around the house.

"Beylerbeyi Emlak Ltd" (Hasan Sungur's construction company) "will give consulting service to the contractor upon demand and AT EVERY STAGE OF CONSTRUCTION and its costs will be paid by the owner" (Hasan Sungur) - THIS HAS NEVER HAPPENED!!!!!!!!

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
24/10/2011 20:16

Continued.........

"The control architect in the project is the architect to be appointed by Beylerbeyi Emlak Ltd"

- Hasan Sungur's company

It also states:

"The standard of the 15 villas" (Our Villas) "to be received by the contractor will be at the standard of the villas it had constructed perviously. However, standard of the 5 villas" (Hasan's Villas) "to be received by the owner willbe towards the demand of the control architect and Beylerbeyi Emlak Ltd without increasing m2."

- presumably this is why Hasan could demand that his houses were dumped in front of mine where my garden should have been. The land around his houses far exceeds the land around any of our villas.

It also goes on to say that the Project 'will be completed within 30 months as of the date of the contract' and (Project) is not completed at the end of 30 months right of the owner (Hasan) emanates to annul this contract and contractor can not make any demand concerning the expenditure that he will incur'

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
24/10/2011 20:22

WHAT ABOUT OUR EXPENDITURE??

It also states that 'the party who violates the conditions of this contract will be responsible for all the damages of the other party'

In my view Hasan Sungur violated this by not monitoring the project and carrying out the consultation service 'AT EVERY STAGE OF THE CONSTRUCTION'

He also violated this contract by allowing his house to be used as the 'standard' of previous construction when it was not constructed by the builder.

He violated this contract by no meeting the 30 months and allowed the Contractor to sell properties after this contact had expired.

He contracted with an unregistered builder

He allowed the builder to build on his land with no build permit.

Anyone viewing these houses will see that they are of sub standard construction with no retaining walls and the land excavated to the front of the properties to build Hasan Sungur's house has compromised the land and the terraine surrounding the 7 houses sold.

TRNCvictim


Joined: 17/08/2010
Posts: 1417

Message Posted:
24/10/2011 23:05

Hildy



Welcome to the TRNC reality........................

philbailey


Joined: 17/01/2011
Posts: 3534

Message Posted:
25/10/2011 07:27

A warning to others

to take the advice to rent

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
25/10/2011 10:33

I rent here now and it was the best decision I made.

If you MUST buy, then buy a resale or a completed one where you can get the kocan's on the date of completion ONLY.

I have rented here for 2 years now but I now realise that if I had rented initially I would have been able to rent a house for up to 30 years (I won't live that long) and still had £100k in the bank earning interest and between 6% - 10%.

SHOULD HAVE RENTED IN THE FIRST PLACE!!!!

Also

I would not have had 5 years of being lied to and conned.

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
25/10/2011 12:09

The 30 years is the cost of my house

I could have rented for 30years for the cost of having that crumbling shell of a house built and been sitting pretty with £100k in the bank earning me the money to pay the rent.

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
26/10/2011 03:57

There will be serious problems before long within TRNC.

Many brits I know are already going home and many more are planning to.

I had to sell my home in the UK to pay for my house here which I have not got, so do not have a house anywhere thanks to:

An advocate who did not/would not protect me and deceived me.

A landowner who wants money to get rid of his vast amount of Exchange land before the Greeks come and want compensation from him. Who was also party to allowing his house to be used to demonstrate the standard of the build when it was not built by the unregistered builder contracted to build the houses.

A builder who has left more empty, sub-standard buildings around this part of the island.

magicart


Joined: 05/10/2008
Posts: 985

Message Posted:
26/10/2011 09:04

If you successfully sue your builder and he owns the land, in theory he must pay you the agreed amount of compensation.However,if the builder has no assests your property and land will then form part of his assests and he maybe ordered to sell the land and property to generate the compensation payment.



Its a complete farce.!!!

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
26/10/2011 09:57

The builder Cafer Yucelgazi does not have any assets IN HIS NAME. I have been told that he has put all his assets in his wife & son's name (don't know whether that is true or not but that used to happen in the UK some time back)

The Land is Owned by Hasan Sungur (President of the Estate Agents Union and Chairman of the Employers Union)

When I bought the house I specificaly asked the question. 'What happens if the builder goes broke or dies' and Ayhan Sener (Acting as THE ADVOCATE) stated that I would own whatever was there at the time. If I had paid staged on and it was completed, I would own that etc. When he went broke in 2009 the house was almost complete and I was told that I owned nothing after paying over £90k - Cafer Yucelgazi owns all the bricks and morter which has been built to date and Hasan Sungur still owns the exchange land.

Hasan Sungur is now asking for £20k for the land and Cafer is asking for £20k to finish my house.

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
26/10/2011 09:59

When the problems arose in 2009 and I found out we were in a s**thole, I posted information regarding the situation on this forum (which I had not known existed before that time) and Sener Law Firm had them removed.

Recently, Hasan Sungur has also had postings removed.

That way others cannot find out what is happening and what kind of tricks are being used to fleece incomers/expats.

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
26/10/2011 13:28

Where can you get an advocate who will sue another advocate.

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
26/10/2011 19:28

It appears to me that the corruption here is worse now than it was a few years ago. It would appear that the brits are look at as a money pot.

walkerscott


Joined: 13/08/2009
Posts: 901

Message Posted:
26/10/2011 23:06

http://www.no-deeds-no-money.moonfruit.com

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
27/10/2011 01:56

Yes I like that document - wish I had seen it 5 years ago.

I would still have come here as I like the place and I like the TC people. But I would have rented.

hedna


Joined: 31/05/2011
Posts: 13

Message Posted:
27/10/2011 09:10

Re message 24

If your Advocate is such an honorable man and sued his own wife for a client. Surly he will sue an Advocate for you?

malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
27/10/2011 09:38

NCFP has just published several articles by an Incesu victim, on our temporary website (while the original is being mended) at http://cheguffawa.wordpress.com

Browneyes


Joined: 07/09/2011
Posts: 52

Message Posted:
27/10/2011 09:49

Hildy MSJ - 5

I HAVE NEVER WORKED FOR A LAW FIRM IN LEFKOŞA ! why do you continue to lie The only way you found out I was a Legal Advisor was because I wrote on my profile here ! I do not Lie and I know what I said. Yes I was working at the time we had a meeting but not in a law firm I worked for a construction company ! A company called MESAN in lefkoşa.

You seem to be making up your own version of events and believing them. Good luck with your problems ! And carry on trusting the wrong people ..... Marion Stokes is a good woman why dont you get her to help you !

The only reason I steped in as a friend of Hasan Sungur is because you was not giving a truthful account of events. Think before you open your mouth because you are damaging others!

THE ONLY REASON I STEPPED İN TO c44 was to put over the TRUTH .. then you accuse me of talking about a private meeting in public ..... I DONT THINK YOU KNOW WHAT THE WORD PRIVATE IS !!!!!

malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
27/10/2011 10:50

NCFP now back up on http://www.northcyprusfreepress.com. More article there about Incesu scam.

Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
27/10/2011 13:07

The more that is written the more confusing it becomes. Hedna has raised a very valid point. Why does your current advocate not sue Sener Law Firm for their total negligence in handling your sale? Might this not be a way of recuperating some of the money you have lost.



If they are your "good friends" and believe your claim is justified and as you say have lots of documentation as proof of the negligence, surely they could do this on a no win, no fee or small fee agreement?



Can't help but think you are swimming with sharks Hildy and it's difficult to know exactly who holds your best interests at heart. If anyone. I would certainly go for legal representation out-side the area in an attempt to get away from the incestuous bonds of those in the Girne area.

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
27/10/2011 17:42

Browneyes - grow up!!!

Do you also remember that during the meeting Hasan compained that I was taking notes and that I am always writing things down. I pointed out that I am a fully trained secretary and did not depend on my memory.

Marian Stokes has worked with me for some years trying to sort this out and she is still working with me. She arranged and attended the 1st meeting when Hasan Sungur stated that he would only make contact with/through Marian - then you turn up at the next meeting. I have my notes and I use my notes. The meeing on 9.5.2011 I produced a full set of minutes and circuated them - YOU WERE SUPPOSED TO BE CIRCULATING THE INFORMATION FOR THE MEETING ON 5.8.2011 - I and the other buyers are - STILL WAITING - You stated recently that they were all done - WELL WHY HAVE WE NOT RECEIVED THEM.

WHY WERE THEY NOT PRODUCED IN COURT ON 11.10.2011???

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
27/10/2011 17:46

The deal WE OFFERED HASAN SUNGUR at the first meeting with Marian Stokes was: (WAIT FOR THIS ONE!!!!!!!!)

WE all GIVE Hasan Sungur 1/2 ownership of our villas at todays valuation

WE then PAY Hasan Sungur a perpetual modest ground rent per annum until the houses were sold

In the event of a buyer selling their house WE gave Hasan Sungur the value of the 1/2 of his villa at the 2010 valuation.

What a deal for him - he agreed and then backed out again and demanded £20k

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
27/10/2011 17:54

With regards to your comments on Privacy

None of the details relating to any of the meetings was put on this forum - UNTIL YOU SPOUTED OUT WHAT THE DEAL WAS ON A POSTING FOR K5 News.

Having read that and then visited the court and found that what you had posted had not even been put forward to the court, I was astounded. WHY WAS THAT PLAN NOT PUT FORWARD IN THE COURT - YOU HAVE NEVER ANSWERED THAT ONE!!!!!!

Then, Hasan's Advocate was threatening me with demolishing my villa so that was when I decided that if you were posting information on our private meetings the I would give the facts and not your cross-eyed love struck interpretation of the facts.

You attended one meeting - this has been going on for 5 years.

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
27/10/2011 17:55

Browneyes

If you do not lie, why have you posted that you are a Legal Advisor?????????????

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
27/10/2011 18:08

Message 35

Sorry I did not mean cross-eyed,

It should have read doe-eyed

I apologise

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
29/10/2011 10:01

Browneyes - Re: Message 30

this is an extract of an email which I sent to a friend of mine as she knows a lot about TRNC and the people in it:



'I had a meeting with Hasan Sungur a couple of days ago and he brought a woman to the meeting and I was wondering if you know who she is. She said her name was Pember/Pemba and she was an advisor with a legal firm. Do you know of her?'



I have the original email if you wish to see it, I will not print the reply.

Now, where do you think I got this information from it was either You or Hasan and I seem to remember it was you because I asked. I was annoyed that Hasan had told me not to bring my Advocate as he would have to bring his Advocate. So you can imagine my annoyace when I heard the above.



I have one law in my life - I DO NO LIE, I will avoid telling the truth when I need to but I do it WITHOUT lying.

I HATE LIERS

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
29/10/2011 10:11

Browneyes

On 26.8.2011 you posted Message 132 on C44 on a posting headed:

'News on K5 Court Case Today'

you stated:

'I seriously need Hildy to confirm what I am saying but in the final meeting between Hasan Sungur Hildy and her daughter it was agreed that Hasan was not taking any extra money from anyone but they made a plan for all properties to be completed with the outstanding money that was due to be paid to the builder at no extra costs to anyone ! and that a new independent builder was to complet the project so we do have a solution please HILDY correct me if im wrong and this is only through the help of Hasan Sungur that you came to this agreement and he is will to sign over all the deeds to each person once the houses are finished at no extra cost.'

Up until that date 'details' of my meetings agreements with Hasan Sungur had not been posted. IMAGINE MY SURPRISE when at the court on 11.10.2011 NONE of the above was mentioned just the £20k - AGAIN!!!!

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
29/10/2011 11:21

Everything Browneyes said above (Message 39) is true:

That was part of the agreement made in her presence with Hasan Sungur

However, I did not received the promised written update with the terms of the agreement from Browneyes or from Hasan to confirm this agreement, so that I could take it to my Advocates.

When we met Hasan's Advocate (Hasan Sungur was not there) he knew nothing of the arrangement and was still demanding £20k. After the meeting with Hasan and Pembe, this was like a 'red rag to a bull' I hit the roof. Then Hasan's Advocate threatened to demolish my house - Well....... that crowned it. The s**t hit the fan. They got the lot!!!

In another way I was pleased that Browneyes wrote this on the forum, as it meant there was 'some witten confirmation' of our agreement which I could point to when the discussions at the court failed to include any of the above agreement with Hasan.