Debt collectors at English doors for TRNC debts?

mickey rourke


Joined: 27/08/2008
Posts: 157

Message Posted:
19/12/2008 14:46

This is only a rumour at present but I have been told that Debt collection agencies in England have been employed by a major player here in TRNC to collect debts from people who are in serious arrears with their management fees on their complexes, can anyone confirm or deny this could be the case

WAZ-24-7



Joined: 18/10/2008
Posts: 695

Message Posted:
19/12/2008 15:01

Hardly likely,

What authority would they have here in UK.?

Debt collection is currently a hot topic for UK based debts TRNC debts would carry very litte weight in UK.

Would debt collecters eve know where TRNC is?



Debts from TRNC are very unlikely to be legitimately collected in EU let alone UK.

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
19/12/2008 15:14

Mickey, who is "the Major Player" here?

cocos


Joined: 04/04/2008
Posts: 129

Message Posted:
19/12/2008 16:06

You wouldn't be trying to scare people in to paying their maintenance fees for any reason would you?

windmill


Joined: 06/07/2008
Posts: 143

Message Posted:
19/12/2008 19:00

Mickey,

You have got mixed up,the major players are here in the UK to compensate those who have been turned over in North Cyprus,there are so many,they might have to work christmas day & boxing day.

Nice to hear something good for a change

Enjoy your christmas,look out for the bones in your meat,nothing worse then get a bone stuck in your throat,you cannot talk for a week or more.

the butler


Joined: 22/06/2007
Posts: 1958

Message Posted:
19/12/2008 19:05

Hi Mickey,



I know our developer has said he will leave no stone unturned to collect unpaid maintenance charges. As he has an office in London I wouldn't be surprised he isn't doing this. He also likes to think he is a major player.



The Butler

RedSnapper


Joined: 12/08/2008
Posts: 540

Message Posted:
20/12/2008 01:03

Yes it`s true, I`ve been served yesterday by Thornbury debt collection who warned me to seek council. So i have. My outstanding paltry 600 kwid is now on deposit with my Legal team. They await response and statements/accounts relating directly to 411 cases. Anyone involved know who they are. Please e-mail me, my brief is eu converscent and works with Spanish and Bulgarian property transactions. Don`t be bullied. You will one day get what you pay for.

WAZ-24-7



Joined: 18/10/2008
Posts: 695

Message Posted:
20/12/2008 01:16

RedSnapper.

Do not know the precise details of your communication from Thornbury.

What is the basis of their alleged debt?

Have they served you with summons, Court Order OR is it just a threat to seek advice.

Probably athe case that this company is one of the many debt agencies that seem to have proliferated from merseyside area.

They are likely to be innafective without Court Order or summons or liability Order from UK or EU Court.

spook


Joined: 23/01/2008
Posts: 244

Message Posted:
20/12/2008 01:20

How can you have been "served" ? All a debt collector can do is to ask you to pay a debt that is unproven, to serve any notice on you the debt has to be "proved" in a court of law, and the TRNC is not reconised, just be polite, refuse to pay as you do not know what it is for, dont invite them in as they have no right of entry without your permission.

RedSnapper


Joined: 12/08/2008
Posts: 540

Message Posted:
20/12/2008 01:34

Theyre Welsh and acting on direction from Anne At SM TBV. It`S with my council now as they advised. Mail me and i`ll attach their demand, i`m open.

punk rocker


Joined: 24/07/2008
Posts: 152

Message Posted:
20/12/2008 02:29

Hi

Its official now, our management company who have office in England are sending debt collectors out no joke!!!!!

aweverard


Joined: 13/07/2008
Posts: 54

Message Posted:
20/12/2008 03:20

If you live in the UK and you owe money in TRNC you can be pursued through the county court.



I have done so to and ex-tenant at her UK address for a debt owed in TRNC, I live in China and I received a default judgement even though in my application I confirmed that debt was due for unpaid rent & bill using the Mersin 10 postal address in TRNC.

PIPIE


Joined: 05/01/2008
Posts: 5499

Message Posted:
20/12/2008 09:30

RE Message 1 you have to ask why are these people in arrears ? firstly did the developer get it right at handover , if they had there would have been less chance of people getting into arrears , the biggest culprit re arrears are the investors , these people have purchased multiple dwellings with the hope of a quick turnover , this obviously did not happen so these are the main people complexe managers have to target , secondly people who are disatisfied with there apartments , have all of the snaggings been done for them to now considor paying maintenenece. then you have the complex its self is it completed if not then why should people pay full maintenenece , there are so many factors . But i am a firm believer in jaw jaw jaw not war war war ,going down the route of debt collection will only lengthen the process of trying to get money in which in turn does not help anyone who wants the best for the complex .

punk rocker


Joined: 24/07/2008
Posts: 152

Message Posted:
20/12/2008 09:32

Aweverard

This is exactly true, at last someone who KNOWS the facts

To my certain knowledge several have been issued by bailiffs on behalf of a large consortium who are directly involved with several large sites,

Butler our site is one of them along with one in Esentepe and 3 more from Esentepe to Tatlisu

Main problem seems to be that the sales people here painted a picture of COMPLETELY finished and landscaped sites but we all know that landscaping here is pretty basic and people have been holding back paying in the hope that these things will get done, but onfortunately the maintenance has to be paid from set date and even if they try to avoid it they will have to pay, and with interest, even if they try to sell their apartment as was discovered recently on our site when someone tried to sell

RedSnapper


Joined: 12/08/2008
Posts: 540

Message Posted:
20/12/2008 10:06

Fellow purchasers it is nice and refreshing to see informed and intellectual comments. A Judgement obtained against anyone in such a case can only be obtained as mentioned , by default;ie not turning up at court or not returning the defence part of the form, or you simply don`t have a defence. We have a case. A strong one supported with evidence, everything has been saved. This Legal move is good news as it means like for like that this is major step forwards for wronged property purchasers. Trading Standards Law and Criminal Law would also therefore apply and the Law will apply to point of sale material and statements made by UK agents selling these properties ,those with international branches in the City. It may also offer more hope for people such as abag and hbpg,..

fire starter


Joined: 19/06/2008
Posts: 3401

Message Posted:
20/12/2008 11:23

do these companies have a business licence to trade in the trnc??

are they issuing you trnc paperwork or uk paperwork.

which court system are they threatening you with?



i will just add that you can overturn a default judgement if you can prove by your circumstances that you didn't recieve the summons in good time.

i think it costs about 70 gbp and has to be done within a time scale, i think is 14 days.

that is in the uk.

RedSnapper


Joined: 12/08/2008
Posts: 540

Message Posted:
20/12/2008 11:40

It`s U.K paperwork and court system and demands full payment of my with held arrears by Dec 24 and then legal proceedings will be instigated and due to the severity of the implications to seek council.. exact words. If anyone else is concerned and is affected by this please mail me , my lawyer will act for us all for what it costs me, i`ll pay.

Lazy days


Joined: 24/07/2008
Posts: 847

Message Posted:
20/12/2008 11:48

Everyone needs to be so cautious as this could lead toyour investment in TRNC being put at risk, is it worth it for a few pounds because most people pay their dues, surely, the way i read it is that it is people on complexs who have not paid maintinance but others have, well is it fair on the ones who have paid or are paying as the facilitys are shared by all, and the places needs to be maintained, or is it like a friend said to me some people are too fussy.

fire starter


Joined: 19/06/2008
Posts: 3401

Message Posted:
20/12/2008 12:40

redsnapper

when did you get this paperwork?

telephone the court concerned and explain, ask them to withhold any judgement until you have had time to get legal advice.(you may have a form to file and a payment to make)

then find every peice of paper relating to the case.

how can a county court think any paperwork from the trnc to be legal?

(not my opinion but the international communties)

county court is not based on hearsay but on evidence in the form of paperwork.

you can call witness's though.

go to court and you will be given a chance to put your case, why you have not paid.

look carefully at any contract you have signed, this will be the basis of their claim against you, but also your counter claim for not paying.(say if they had not done the maintanence on your site,ect.)take proof

remember they can award costs against you which can be thousands.

if you are 100% sure you have a case for not paying, fight it.

if not paying up may be cheaper than fighting the case!

unf

fire starter


Joined: 19/06/2008
Posts: 3401

Message Posted:
20/12/2008 12:48

unfair i know but that is the uk system.

i know this as a few years ago we had a big legal battle with an estate agent, who claimed they sold our house when they didn't.

they served judgement on us and we didn't know anything about a hearing, no papers were ever served. so if you never signed for any papers you can appeal it on that basis.(we were here in cyprus at the time)

we were lucky that one of our friends is a uk barrister, which helps when you are in trouble.(not that we did anything wrong, they were trying it on!)

you don't need to have a solicitor, just take some advice.

represent yourself and you will only have to sit around a table whilst they look at the paperwork.

they may adjourn it and instruct people/or a person to provide more evidence for another hearing.

look smart, be polite and you have nothing to worry about!

Harold2555



Joined: 19/04/2008
Posts: 1139

Message Posted:
20/12/2008 12:53

It sounds to me that this is not court paperwork, just the usual threatening letter from a debt collecting firm.



They will not in all probability listen to arguements but keep sending letters, threats and the normal rubbish. They may even phone.



If I was based in the TRNC and wanted to pursue a debt in the UK I think I would simplify matters by assigning the debt to a UK company or individual. This would reduce the hassle of proving the validity of a TRNC debt (unless your defense challenged the assignment! (that's a tip by the way)



Paul

fire starter


Joined: 19/06/2008
Posts: 3401

Message Posted:
20/12/2008 13:16

harold i agree

but it will all come down to the origional paperwork, the contract.

who did or didn't break the contract any why.

our barrister friend gave us good advice' never sign a contract written by someone else'

as it is always there to screw you.

we learnt a lot from our experiences with crooked estate agents.

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
20/12/2008 14:03

Why don't these people just pay the outstanding management fees.



If you owe the money just pay up.

PtePike



Joined: 20/05/2008
Posts: 2334

Message Posted:
20/12/2008 15:19

msg 20 good advice,



Read up on the basics of civil law, get a free consultation with a solicitor then do it yourself in court. I've won three and successfully defended four small claims/summary cause actions in the civil court. That's a 100% success rate.



Simplified legal procedures like small claims were designed for the man or woman in the street and certain agencies try to intimidate people with stern letters advising them to seek counsel etc. Which is generally b*llocks.



If you're sure you're in the right then have your day in court. The judge is obliged to see that you are not dealt an injustice by being unrepresented, because the other side abuses the system by bringing in lawyers to a court where individuals are supposed to do it themselves.



You are at a psychological and tactical advantage if you are sitting on one side of the table and soem chancer of a lawyer trying it on is on the other. N.B. This advice only applies if you're in the right.



Good luck all.

mikea11


Joined: 15/06/2008
Posts: 254

Message Posted:
20/12/2008 17:22

In UK I was a director of a large private Bailiff company. Having been in the recovery industry for over 20 years I have considerable knowledge in this field.If anyone is worried about this feel free to contact me. A debt collecteor has no legal power whatsoever.If you recieve a summons from the county court I would attend and question the vadility of it as the TRNC is not only outside the EU, it is not recognised. I would only then seek legal advice if required as solicitors/lawers do not come cheap.

spook


Joined: 23/01/2008
Posts: 244

Message Posted:
20/12/2008 18:00

If the claim is for below £5000 it would normally be dealt with in the small claims court.

This involves both parties sitting down with a District Judge around a table, his decesion is normally final, in this type of action there is no provision for costs to be awarded, if either party wishes to be legally represented then they must do so at their own expense.

You will find that the District Judges are vastly experienced.

Debt Collecters have no power to issue summons or to take court action on behalf of a debtor, only a solicitor can action this, with any action you must be given full details of the claim, you can then refute this or counter claim.

Hector


Joined: 26/08/2008
Posts: 2352

Message Posted:
20/12/2008 18:16

Surely if they can sue you, then the reverse must apply? Can you not counter claim against them? Now that would be interesting!

cooper


Joined: 23/10/2007
Posts: 3386

Message Posted:
20/12/2008 18:22

Hold on a minute, was that the door !! - http://www.youtube.com/watch?v=lb0dBVWozRo&feature=related



Cooper

Becks


Joined: 17/11/2008
Posts: 130

Message Posted:
20/12/2008 18:25

If I have to give the land back they canpay me for my house that we paid for. I want compenstaion from them

punk rocker


Joined: 24/07/2008
Posts: 152

Message Posted:
21/12/2008 00:36

Believe me guys at the end of the day the people who are withholding maintenance fees on large complexs here in TRNC will have to pay, including interest, or they risk losing their investments, and for good measure the Advocates who tell them not to worry are only saying that to get more money out of them,

I personally know of one small complex where a group of owners are preparing to sue other owners who are non payers, because they are bearing the brunt of of it and carrying the complex while the non payers are reaping the benefits

believe that as it is true !

fire starter


Joined: 19/06/2008
Posts: 3401

Message Posted:
21/12/2008 10:28

spook

you are wrong there, the claim against us was for 2k, cost were being awarded against the looser.

and because they never served us with the summons to start with, we got the judgment held, we had the fee to pay the court, they then awarded the other side costs incurred up to this point for post, phone calls,ect..

we ask the judge to look at this as the charges were high, which he did and lowered what we had to pay.

even though at this point nothing was proved that we were in the wrong.

at the time of this summons having been said to be served we were in cyprus.

and it never was.

we just came home from holiday to find a judgement against us.

punk rocker


Joined: 24/07/2008
Posts: 152

Message Posted:
21/12/2008 10:41

message 18

Being fussy or not dont really matter, it has to be brought home that we are all in this together and the only way we are gonna get our areas sorted the way we like them is to pay our fees, full stop, the few prats who think "well we not paying cos there is no heated pool yet and it was promised" need to get a reality check.

The bailiff thing is not going to go away and the next step for these companys is to go to the local courts, tell them they have tried every way to get the money owed and ask the local courts to grant them permission to seize their assets here, and bet you cant tell which way the judgements will go ??

Message 27 why dont you set the precedent then we will watch in awe !! while you give the Advocates even more money to fight to save you a couple of hundred quid.

To summarise me and over 200 others are paying and have been paying for 2 years now while a small handful continue to say stuff em were not paying, this has to be put right !!

spook


Joined: 23/01/2008
Posts: 244

Message Posted:
21/12/2008 10:48

The costs you would have been asked to pay would have been those shown on the summoms which would have been solicitors fees for issuing the summons, these would not have been due if you went to court and could prove that you did not owe the debt, they would have to be paid if your defense was that you owed a lesser ammount.

I assume that at the end of the day you lost the case and had to pay, inc the reduced ammount for serving the summons, i assime that no further costs were awarded other than these.

spook


Joined: 23/01/2008
Posts: 244

Message Posted:
21/12/2008 10:54

Punk Rocker

As message 25, Bailiffs have no powers without an order from a court, they cannot just " ask the court ".

fire starter


Joined: 19/06/2008
Posts: 3401

Message Posted:
21/12/2008 11:34

spook

we never had a summons!

we never lost the case!

we had to pay at the time of the first hearing as we asked for the judgement to be held, so as we could defend it, as we didn't know anything about it until we got our post with the ccj in it!

we had top legal advice from our barrister friend, but it was still payable.

it was a very complex case as one estate agent sold our contract on to another esate agent. the first guy martin bristow was a crook, robbed an old lady he met at the church of 100k and drove of into the sunset.

trading standards, the official reciever, ect ect were all involved.

we didn't even have a contract with the people who took us to court!!!

but sometimes thats just how the system works not always in favour of the innocent!!

punk rocker


Joined: 24/07/2008
Posts: 152

Message Posted:
21/12/2008 11:48

Spook

Message 34

As I said in message 32 ask the LOCAL courts, when I said companys I was not referring to Bailifs but to the developers and management companys, who - believe me can and will ASK the LOCAL courts to grant in their favour, the law here is loosely based on British colonial law, but that is where the similarity ends, and we all need to be aware of this, there are no Trading standards ect in this country, only cousins who are senior police figures, judges, Advocates ect, this is a fact of life here, but it is something I for one am happy to live with as the justice is usually straight to the point, if you owe you pay if you dont you wont, wrapping it up in fancy paper so to speak, wont set you free from what you owe, just cos a little bit of what is said by selling agents is a lie to hook you into buying, everybody here who has any knowledge and common sense knows this

Sorry if I confused you with the bailif & company thing

mickey rourke


Joined: 27/08/2008
Posts: 157

Message Posted:
21/12/2008 18:09

Well at least it looks as if the rumour was right then

PtePike



Joined: 20/05/2008
Posts: 2334

Message Posted:
21/12/2008 18:15

Mikea11: "...and question the vadility of it as the TRNC is not only outside the EU, it is not recognised...."



Unfortunately for those affected, the north of Cyprus ("TRNC") is very much a part of the EU as far the legal advisor to the ECJ is concerned.

PtePike



Joined: 20/05/2008
Posts: 2334

Message Posted:
21/12/2008 18:18

becks: "If I have to give the land back they canpay me for my house that we paid for. I want compenstaion from them"



You may want compo but why should you get it? You built a house on someone else's land without their permission. You are the one in the wrong.

PtePike



Joined: 20/05/2008
Posts: 2334

Message Posted:
21/12/2008 18:22

fire starter msg 31,



You say you had a judgement made against you because it was served when you were overseas and unaware. Did you not crave the court to re-call the action (this is Scots law but it's much the same in England)? Because the same thing happened to me when I was in Cyprus and I got them back in court - where they promply withdrew the claim!

PtePike



Joined: 20/05/2008
Posts: 2334

Message Posted:
21/12/2008 18:50

Certainly in the media if someone supplies a name we can have the person's details up on screen in seconds, using voters roll and registrar-general databases. It throws up all the names, ages and addresses for possibilities which you then refine to the person you're after. I'd imagine the bailiffs will have access to the same stuff.



I agree with any advice to pay up or negotiate with the GC owner as soon as possible. This shows goodwill to the court which goes a long way in a final settlement. Even offering to pay ground rent for now would be a good idea, IMO.

mickey rourke


Joined: 27/08/2008
Posts: 157

Message Posted:
21/12/2008 18:58

Keep holding out and not paying you people

not only playing into the hands of the TC courts but also the GC's

fire starter


Joined: 19/06/2008
Posts: 3401

Message Posted:
22/12/2008 09:50

yes pike we did.

but we still had to pay the other sides costs up to that point.

nothing we could do! totally unfair but thats justice for you!

PtePike



Joined: 20/05/2008
Posts: 2334

Message Posted:
22/12/2008 11:16

Very unfair!

irishwrath


Joined: 22/12/2008
Posts: 124

Message Posted:
22/12/2008 14:12

I think people need to hear some of the back story about TBV .



I will not go into it too deep because frankly we would be here all day.



Every one who bought on TBV paid a deposit, that was to be locked in a high interest bank account and SOME of the interest used to buy things for the site ( sunbeds and such ) you would get your deposit returned over a three year period, ( had one so far ). Also it was to be used in the event of non payment by the owner, to cover the cost of his maintenance.



So why is this not being done ? I hear you ask..



Because Sharon spent the deposit money. They dipped into it on day one and just kept dipping. Sharon came with no money of their own. They used our deposit money to set the whole thing up, buying £14000 car, office kit you name it we paid for it even a £10,000 web site.



People are stopping paying because of all the lies. Just one lie followed by another. I am still paying but getting to the point of saying NO MORE !



Worms are t

RedSnapper


Joined: 12/08/2008
Posts: 540

Message Posted:
22/12/2008 14:21

All happening on an un-finished incomplete site.... there is no debt case to answer.

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
22/12/2008 15:13

Saw this article in the Times today:

Bailiffs get power to use force on debtors.

The government has been accused of trampling on individual liberties by proposing wide-ranging new powers for bailiffs to break into homes and to use “reasonable force” against householders who try to protect their valuables.

Under the regulations, bailiffs for private firms would for the first time be given permission to restrain or pin down householders. They would also be able to force their way into homes to seize property to pay off debts, such as unpaid credit card bills and loans.

The government, which wants to crack down on people who evade debts, says the new powers would be overseen by a robust industry watchdog. However, the laws are being criticised as the latest erosion of the rights of the householder in his own home.

“These laws strip away tried and tested protections that make a person’s home his castle, and which have stood for centuries,” said Paul Nicolson, chairman of the Zaccha

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
22/12/2008 15:15

chairman of the Zacchaeus 2000 Trust, a London-based welfare charity. “They could clearly lead to violent confrontations and undermine fundamental liberties

Bailiffs have for hundreds of years been denied powers to break into homes for civil debt or to use force against debtors, except in self-defence. In a famous declaration, William Pitt the Elder, the 18th-century prime minister, said: “The poorest man may in his cottage bid defiance to all the forces of the crown.” Ministers have now proposed bailiffs be given powers to physically remove debtors who try to defend their property, for example by draping themselves over a car or blocking the door of their home. Lord Bach, a junior justice minister, has assured the House of Lords that any new powers will be implemented only after a consultation and will not be used to search debtors’ pockets or to remove jewellery

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
22/12/2008 15:15

It emerged last week that Her Majesty’s Courts Service has already handed out guidance to privately employed bailiffs, pointing out that under legislation passed in 2004 they can already break down doors as a last resort to collect court fines.

Some restraint should be exercised, according to the “search and entry powers” guidelines. “If a person locks himself in their home, it might be reasonable to break open the door, but probably not to smash a hole in the wall,” it advises.

Details of the new guidelines were obtained under freedom of information laws. They say homes should not be broken into when nobody is in. Reasonable grounds for breaking down the door include the “movement of a curtain”, a radio being heard or a figure being spotted inside which “may be the offender”.

It is claimed these powers are already abused. In one case, an 89-year-old grandmother returned home to find a bailiff sitting in her chair having drawn up a list of her possessions. He was pursuing a park.

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
22/12/2008 15:16

He was pursuing a parking fine owed by her son, who did not even live at the address..

Molly


Joined: 30/08/2008
Posts: 299

Message Posted:
22/12/2008 15:38

I know this is blackmail but those who do not pay will not get their title deeds either.



If you feel that your reason for non payment is justified then the non-payers should take group action to highlight your case.

irishwrath


Joined: 22/12/2008
Posts: 124

Message Posted:
22/12/2008 16:18

Would you like to explain how that would be molly ?

Molly


Joined: 30/08/2008
Posts: 299

Message Posted:
22/12/2008 17:27

Although Sharon are the Management Company and are not the Vendors of your property, I suspect that there are clauses in your sales contract regarding the payment (and non-payment) of maintenance fees.



It would not surprise me in the least, if this was used as reason for non transfer of deeds.

RedSnapper


Joined: 12/08/2008
Posts: 540

Message Posted:
22/12/2008 18:29

Are these the said "deeds" that as said on [TrNC exchange land ]thread are not recognised by anyone in the world and that we will lose our homes by Easter and they are the same as a piece of Andrex? despite being told by the vendors in feb 2006 that the land is perfectly legal and not in anyway unsafe?

RedSnapper


Joined: 12/08/2008
Posts: 540

Message Posted:
22/12/2008 19:13

"Declaration of Estate Covenants" doesn`t say anything Molly, whatever they may legally be.{ 2b.i } as security for his obligations under this agreement-To deposit (960) with ResCo. There are also at least six conditions in the "Sale Agreement" that the vendors have not delivered or adhered to. Single mindedness springs to my mind!

Turbo


Joined: 24/12/2006
Posts: 833

Message Posted:
22/12/2008 21:19

SOme people can get down right nasty watch this video, takes a minute to get going.



http://egyptianchronicles.blogspot.com/2007/04/will-farrell-landlord.html

punk rocker


Joined: 24/07/2008
Posts: 152

Message Posted:
23/12/2008 08:06

How a few weeks changes everything on this board, how fickle !!

I seems like no time since everyone concerned were singing the praises of TBV and the management company, red snapper please believe there is Definitely a case to answer, forget the doom & gloom merchants, we ALL made investments in this country and we ALL should be trying hard to protect OUR investments, this means paying our Fees so that people have the funding to continue to look after our properties and public areas.

It is all right to say stuff em, but if things turned nasty whose properties would be hit first, those who have paid I think not? If we are unhappy we must look to change our management companies, and in the interim put our money into a bank account run by the committee for the communal good of the complex, this at least shows good faith in the event that the time comes to go to court

RedSnapper


Joined: 12/08/2008
Posts: 540

Message Posted:
23/12/2008 10:44

Good comments and as i said previously my "outstanding monies" are held in trust by my Lawyers pending the other issues aired being addressed one of them being where my and others 960pound high interest security deposit account is and whats left in it. My only aim is to see the investment we have all made in a finished state with what we were sold in place and running well. It is not the 540pounds, thats nothing, a drop in the ocean. The maintainance funds are there for the good of all tbv owners not to be dipped into and misused by others as stated in the contract. How can someone be sued when they have 960pounds of mine and i have 540pounds of theirs, if indeed they do have that amount? The 960 is two years maintainance money "up front" to be returned after three years if you are up to date. The account statement has been viewed as you know by a commitee member and the deposit amount is way out, wheres it gone and will it be replaced?

330 people have contributed to this!

mickey rourke


Joined: 27/08/2008
Posts: 157

Message Posted:
24/12/2008 08:15

Busted

My friend and myself have been in court in the TRNC twice and though unusual we found the system very fair and we got a good hearing and won both our cases.

RedSnapper


Joined: 12/08/2008
Posts: 540

Message Posted:
24/12/2008 15:02

Best bring a suit and tie next time i can afford to come over...

keithr


Joined: 20/08/2008
Posts: 720

Message Posted:
28/12/2008 12:24

Hi m8.



Can you pm me please re:this posting ???

joandjelly


Joined: 24/02/2008
Posts: 2953

Message Posted:
01/01/2009 12:36

Interesting article re serving notices in Australia http://www.theage.com.au/articles/2008/12/16/1229189579001.html

RedSnapper


Joined: 12/08/2008
Posts: 540

Message Posted:
01/01/2009 13:05

That`s a brilliant idea for dealing with bona-fide debtors in a developed and recognised nation, not one cooked up by a set of self appointed thiefs from a de-facto state otherwise they`de be the ones being taken to court to explain where 350 thousand pounds of investors deposits has gone.

RedSnapper


Joined: 12/08/2008
Posts: 540

Message Posted:
01/01/2009 14:35

This has only just dawned on me... have the TBV commitee sanctioned the actions from this Thornbury Company because if they have it would be wise to instruct Sharon to immediately withdraw the action. The second letter has arrived stating court summons will be issued on 13th January. I have briefed my Lawyer and i can`t wait to attend court and i will be applying for an order against Sharon if it is legally possible. Money is not the object, i am far from short. If this is being funded out of the coffers it`s ridiculous.

kenny b


Joined: 12/09/2008
Posts: 211

Message Posted:
01/01/2009 18:30

Hi Redsnapper.

Whilst I can admire your stance of non payment on a point of principle.

What if all TBV owners took the same principled stance were would that leave us and our investments?

As I am sure you are more than fully aware we have a newly democratically elected committee that is working tirelessly to resolve our ongoing issues with respect to our management company and the financial management of all our funds.

What do you hope to achieve by having your day in court?

As you are stating once again those owners that have paid all dues and demands from day one will probably end up paying for the court proceedings but what options do we have. We the owners wanted action with regards to the non payers.

Why not pay up and take up your grievances with the developer and management company through the committee like the vast majority of owners do?

I am in contact with a number of owners and whilst we accept that the site still as a way to go we still love TBV

Kenny

irishwrath


Joined: 22/12/2008
Posts: 124

Message Posted:
01/01/2009 19:20

Hi Kenny



You make it sound so easy. How long have people been saying things are not right, it has to be a over a year now.



You are 100% correct that the committee are working their socks off to try to get answers but if sharon will not play ball and hand over the information needed they just give the committee the run around.



Again, you make it sound like people not paying is the big issue. The deposit money is there for just that, why do you not see this ?



£350,000 plus interest paid in deposit account. -£60,000 owed in missed fees leaves £290,000 plus interest. They have their money so just take it as per contract.



There is no reason why we or sharon should suffer for non payers when we have a deposit for that very reason. When you say we the owners it makes it sound like everyone had a vote. I think the non payers are a really very small part of the problems we have and we have much bigger fish to fry. It seems to me very few who are obsessed with the non payment i

Notsoboredhw


Joined: 15/03/2007
Posts: 1254

Message Posted:
01/01/2009 19:49

I wonder when someone will ever get to the bottom of the accounts. No-one knows any better than the day we all took possession. Yes the committee are working their socks off and probably banging their heads against brick walls trying to get answers but there still remains the fact that there is money owing which we are told are the reasons why the site is not running properly and also the missing deposit money! We all know this. One day someone will find out the truth and tell us all...but for the time being we can still continue these stupid arguments amongst ourselves - who said what, who supports who, who should be in and who should be out. At the end of the day we are all in the same boat - surely we should realise this and stop causing problems amongst ourselves?? My only ever problem to some owners was that we supported our management company and now I seem to be paying for it! Irishwrath - whats your username on the TBV forum please? Mine is the same - BHW.

RedSnapper


Joined: 12/08/2008
Posts: 540

Message Posted:
01/01/2009 20:31

Ayup Kenny, If everyone stopped paying i think the management company would go as there would be no more monies to confiscate apart from whats left of the 350grand+ and that would go with them out of the TRNC. There would be no other reason for them to stay. They`re not thinking about your family tinkling their toes happily in the med or the heated swimming pool, or having a cool beer in the beachside cafe, their only reason for being there and sole function would be gone. The site would then be a bit shabbier for a few weeks whilst we sorted out another method of fairer and more efficient control. No pain no gain. On the legal note they can`t put anyone in court for a debt, i`ve been informed this afternoon that the TRNC legal system isn`t recognised in the UK by a NC lawyer and will check with the Law Society tmo.

mickey rourke


Joined: 27/08/2008
Posts: 157

Message Posted:
02/01/2009 08:18

Red snapper, good luck in your stance I admire you, but my opinion is that the bailiff thing in England is only being done as the prelude to bigger things about to happen in the TRNC courts, these people will apply to the local courts for seizure of assets for outstanding debts and as part of a defence they will produce evidence that they tried all avenues to collect the debt, even trying and failing in English courts who threw it out because the English system does NOT recognise TRNC,

now think about it,

this is going to be like a red rag to a bull and like it or not, guess who will be granted the judgement, while the Advocate that you have hired to defend you says 'o sorry we really thought we could win' while pocketing some more of your hard earned money as usual.

The TRNC court will in my opinion give them leave to seize your assets, full stop, checking with the law society in England will do you no good as they are not recognised in the TRNC

punk rocker


Joined: 24/07/2008
Posts: 152

Message Posted:
02/01/2009 19:23

Red snapper msg 58

Can I ask where the 330 figure came from please, is it the one viewed by the committee member in question

Ta

RedSnapper


Joined: 12/08/2008
Posts: 540

Message Posted:
02/01/2009 20:08

Yes mate, it`s a guess at 411 apartments minus about 80 i buleve are not sold (330`ish) and people have paid between 960 and i think 1200 kwid each bond/deposit/security call it whatever, so estimated 330@ 1000 ish, may be even more? Plus we`ve seen no proof that the unsold units are paying the promised contribution in monthly maintainance fee.

negativenick


Joined: 10/11/2008
Posts: 6023

Message Posted:
02/01/2009 20:52

i'd heard there was also a charge of £1200 for each appt to connect onto the de-salination plant ??



seems a lot of dosh to me...





Nick

RedSnapper


Joined: 12/08/2008
Posts: 540

Message Posted:
02/01/2009 21:12

Yep betwween 800 and 1200 plus 200 each to the council admin fee.

negativenick


Joined: 10/11/2008
Posts: 6023

Message Posted:
02/01/2009 21:21

Nick's tenpenny worth.....





No UK Court is going to force a UK householder to pay debts from the TRNC.



Period.





Nick

negativenick


Joined: 10/11/2008
Posts: 6023

Message Posted:
02/01/2009 21:51

Another one to wrap up please Moderators...





Nicks

cooper


Joined: 23/10/2007
Posts: 3386

Message Posted:
02/01/2009 23:56

How do you know this, have you heard a whispa !



Cooper

RedSnapper


Joined: 12/08/2008
Posts: 540

Message Posted:
03/01/2009 01:00

I think Mickey`s msg 69 says it all in a nutshell. With all the developers financial clout the scales will tip that way unjustly or not.