Kulaksiz 5 Update

It’s been two months since our last posting, and unfortunately, there isn’t much to tell.  The residents of Kulaksiz 5 are still very much in limbo.

On 6^th June, there was another court hearing with regards to the interim injunction sought by Kulaksiz 5.  Rather than boring you with all of the details of this hearing, the brief synopsis is the case was heard without the presence of all of the members of Kulaksiz 5, and just the judge, the representative of the bank, the Kulaksiz 5 representative and the lawyers were the only ones present. The case resumed that afternoon and the builder stood as a witness for the Kulaksiz 5 residents.  He confirmed that the villas were built at the time the mortgage was taken out.

A further hearing on the 14^th allowed more witnesses to come forward for Kulaksiz, once again, all able to confirm the villas were built. This was then adjourned until the 17^th.  On the 17^th, the bank arrived with a witness, and as the lawyer for Kulaksiz 5 cross examined the witness, the lawyer for the bank appeared extremely agitated and continuously objected to the questions asked.  The judge ignored his objections until the lawyer made signs that he was feeling unwell.  At this point, the case was once again adjourned.  The next hearing will be on 30^th June.  Unfortunately, as the lawyers have pointed out, whoever loses this case will more than likely appeal to the High Court and therefore this could drag on for years without resolution.   

As previously reported, Akfinans Bank have taken control of two empty villas on the site.  Bear in mind that whilst these properties may be empty, they were still paid for by British nationals.  One of the villas has been renovated and CCTV cameras have been placed around the entire property, and the positioning of these gives absolutely no regard to the privacy of the neighbouring villa.  It does appear that the people moving into this villa are Turkish Cypriots/Turkish nationals, possibly with connections to the bank, however I cannot offer any confirmation of this at this current time.  I can report that the electricity meter has been covered and locked and the bank have informed the other residents that they will not be contributing to the electricity bills, meaning if the other residents do not cover the payments, the whole site will be cut off.  The other villa is being occupied by workmen and over the last few weeks numerous people have been taken for viewings of this villa.  It also appears that whilst the residents were in court yesterday, the workmen entered the grounds of an empty villa and used their water supply.  There appears to be no regard whatsoever for the victims and their property, but we already knew that!

The residents of Kulaksiz 5 are having to put up with workmen on site constantly. The road is in an awful state, and the pavement is cluttered with new paving stones.  There are potholes in the road and piles of rubbish covering the pavement outside one of the villas.  Combine this with the fact that the swimming pool of the recently renovated villa is leaking (the workmanship out there really does leave a lot to be desired!) and the area outside Bob and Jan French’s villa is quite lethal.  Not content with the rubbish being enough of a nuisance, for an entire week a JCB was parked outside their villa for over a week for no apparent reason. 

The blog may have been quiet, but we have not been quiet in our correspondence with the UK Government.  Unfortunately we have been unlucky in getting any media interest for this case, but it does seem our contact with the UK Government has stirred up feelings.

We firstly contacted Mark Hoban, Bob and Jan French’s local MP who wrote back advising he had contacted David Lidington MP and below is the text from Mr Lidingtons correspondence.

I am sorry to hear about the problems Ms French’s in-laws are experiencing.  We are aware that many British nationals face property problems on the island and clearly for those who encounter difficulties, it is a very distressing experience.  We continue to be committed to pressing the authorities in Northern Cyprus to improve the way in which their legal processes respect human rights and protect foreign investors.  Our High Commissioner in Cyprus does raise the general issue of property problems with the authorities in the north whenever there is a suitable opportunity.  I will also raise the property issue when I visit Cyprus. 

We are not able to become involved in individual cases of property disputes or become involved in steps to recover any capital outlay in respect of individual property deals that have gone wrong.  Many thousands of British nationals are involved in criminal an civil cases around the world every year and we simply do not have the resources nor the legal powers to judge the merit of such cases.

I would encourage Ms French’s in-laws to engage an independent lawyer, who will be best place to advise on rights and methods of redress.  The High Commission in Nicosia maintains a list of English speaking lawyers which can be accessed at www.ukinturkey.foc.gov.uk/en/help-for-british-nationals/when-things-go-wrong/if-you-need-lawyer Please note the disclaimer

The Rt Hon David Lidington MP

We also contacted No.10 Downing Street and received a letter back advising that they have also passed our comments to the Foreign Office.

After the visit from the TRNC foreign minister to the House of Lords, we contacted Baroness Hussein-Ece and here is her response:

Thank you for taking the time to write to me about this very distressing case.

I'm truly sorry that your family have had such a difficult experience.
I have had other representations, and have tried to raise these with the TRNC government, as have others.

I have sent a copy of your email to representatives in the TRNC, and have asked for a response as to what they are doing to address these injustices.
Although I have no remit, I will do what I can to keep raising this issue with people who in my view, should be taking some responsibility.

I will let you know if I receive any replies.

Best regards


Baroness Hussein-Ece OBE
House of Lords
London SW1A 0PW
ecem@parliament.uk

We haven’t had any further correspondence ourselves with Baroness Hussein-Ece, but she has had contacted with residents through a facebook group “Stop the blackmail in North Cyprus”

"I haven't posted anything on this site, but have been following with interest. Last week I met TRNC PM, Mr Kucuk, and over lunch in the House of Lords, I impressed upon him how his government needs to urgently resolve this unacceptable scandal. Lord Maginnis was also present, and he has also making efforts to impress upon those in power, that they must act. I told him that innocent victims, British people who have chosen to live with Turkish Cypriots, should not be subjected to this appalling treatment and dragged through the courts, quite apart from damaging the reputation of all Turkish Cypriots. I was assured that he would take back my request, and make every effort to do what he could. I think he understood my message very clearly! We'll wait and see. In the meantime, keep up your excellent campaign. Justice is on your side. Best wishes, Baroness Meral Hussein-Ece"

I ask you all to join this group (North Cyprus Property Hell) http://www.facebook.com/#!/home.php?sk=group_192907590747891&ap=1

And join the growing support for not only the Kulaksiz 5 residents, but for everyone who is facing similar property problems in North Cyprus.

A few residents had their eviction hearings on the 17^th and the judge has adjourned these until 30^th November as the main case needs to reach a resolution first.  This allows the residents to breathe a small sigh of relief, that for now, the threat of immediate eviction has been removed.

I know the Kulaksiz 5 residents would like to thank you for your continued support, it really does mean a lot to know there are people around the world supporting them. 

No water for Kulaksiz 5?

The Kulaksiz 5 residents have been led to believe that their water meters have been changed from their names into the name of the bank. Akfinans Bank.  If this is the case, this has been done without the residents consent.

This could leave the residents with no control over how much they are charged for water.  It could even mean that their water supply is cut off.  

As soon as I have further information regarding this I will update.  

Media Blackout Leaving Residents Petrified

As reported on Monday, Akfinans Bank had requested a court hearing to apply for an injunction to stop the media reporting on the Kulaksiz 5 case. 

The court case has been put on hold, but it would appear that the newspapers in question have agreed to a temporary media blackout. 

Nothing about the Kulaksiz 5 case has been printed in any North Cyprus newspaper.  This is a major blow for the Kulaksiz 5 residents who were due to have their statement printed in Kibris on Tuesday.  Turkish paper Hurriyet did pick up on the story and have printed the following.

Some 17 British residents living in a small town in Karşıyaka in northern Cyprus’ eastern province of Kyrenia are facing eviction from their properties due to a loan that they say they have never received “a penny from.”

Akfinans Bank, a Turkish lender in northern Cyprus, claimed in a recent statement that it holds the deeds of the houses.

 “We have suffered a great injustice,” the residents said in another press release, stating that 10 villas were bought in 2004 for 800,000 British pounds ($1.27 million) cash for the properties in the Kulasız-5 site. “We never took loans,” said the residents, adding that the constructor of the houses took out a mortgage of over 40,000 pounds ($63,907) from Akfinans Bank one year after the residents purchased the villas.

“Akfinans claims it did not know about us owning houses on the land, even though our houses were already built and paid for before they took out the mortgage,” the residents said in a written statement sent to the Hürriyet Daily News & Economic Review.

The residents said the eviction had already started last week. “Three men from Akfinans Bank broke in and entered the house of Eva McClusky, the owner, without a warrant or court order,” claimed Richard Barclay, speaking on behalf of the residents at Kulaksız-5 to the Daily News.

“At that point it was agreed between our lawyer and the police that a criminal act had taken place and we could change the locks,” Barclay said.

He claimed that some people from Akfinans broke into the property one more time on Thursday, adding that the neighbors also took photos of the break-in at McClusky’s house last week.

“The bank is trying to include the rights and houses of all the fully paid-up elderly retired people in a mortgage granted to the landowner one year after the homebuyers purchased their homes,” Barclay said.

Regarding the legal procedures, Barclay said, “The courts of northern Cyprus have until now ignored our rights and allowed the bank to auction our properties and transfer them to themselves.” Barclay said nine couples residing at the Kulaksız-5 site have already filed applications in the Kyrenia and Nicosia courts and also applied to the European Court of Human Rights. Barclay said that if all the residents were evicted, “the compensation will be massive and the cost will be paid by Turkish taxpayers.”

Noting that the outcome of the case would harm the whole of northern Cyprus’ economy, Barclay said, “Akfinans is trying to convert a 41,600-pound [$66,000] loan into the ownership of an entire site of 10 houses, worth well over 1 million pounds [$1.6 million].”

Akfinans Bank made a public statement in the Kıbrıs newspaper on Wednesday and claimed that “the houses in Karşıyaka were undergoing construction and the residents are illegally residing on the site.” The bank claimed “the foreigners broke the locks on a house and caused damage to the house,” which Barclay said gave an incorrect recounting of the situation, as the “the locks were actually broken by the bank.”

http://www.hurriyetdailynews.com/n.php?n=britons-reportedly-being-evicted-from-their-houses-in-northern-cyprus-2011-03-28

The media blackout is leaving the residents of Kulaksiz 5 petrified that the bank are planning something big for this weekend, possibly even an attempt to evict the residents.  At this point, I would ask that you take a look at North Cyprus Free Press, where an article reports on the possibility of viewing a rare plant this weekend at the Kulaksiz 5 site.  Please, if you are in North Cyprus and you wish to view this rare species, Akifinanas Snatchit, then use the contact form on the North Cyprus Free Press article.  

http://www.northcyprusfreepress.com/2011/03/30/kulaksiz-5-north-cyprus-nature-ramble-to-observe-rare-occurance/

Finally, I would like to ask you to bookmark not only this blog, but www.kulaksiz5.com

Thank you for your continued support during what is a very tough and uncertain time for the Kulaksiz 5 residents.

Akfinans Bank To Attempt To Gag Northern Cypriot Press

I would like to be reporting that a new week brings positive news and fresh hope for the residents of Kulaksiz 5, however sadly, this is not the case.

Two of the villas appear to have now been occupied by workers, believed to be employed by Akfinans Bank.  Sadly, I suspect this is in an attempt to intimidate the residents of Demokrasi Sokak. Unfortunately, their occupation of the villas has even more consequences for the residents.

The residents are still on ‘builders electric’ (the builder didn’t pay for the properties to get connected to permanent electric, and unless the residents pay another £20,000 they will not get connected to permanent electric), meaning they pay three times more for their electric and one bill is issued to all of the residents.  The residents then have to read their metres and each put in their share.  My question is will the new ‘residents’ of the two villas pay their share or will the residents have to foot the bill for their electric too? 

According to two Northern Cyprus newspapers, Akfinans Bank have requested a court hearing on the 29^th March 2011 for an injunction to stop two newspapers in Northern Cyprus (Kibris and Cyprus Today) printing any news report with reference to the Kulaksiz 5 case which could be considered negative towards them, and to sue them for previous reports that they consider to be damaging to their profile.

The residents have issued a statement in response to the statement released by Akfinans Bank last week and this is due to be printed in Kibris newspaper, however, due to the hearing tomorrow, we are unsure as to whether or not Kibris will print the statement.  Once we know the outcome of the court hearing, we will post a copy of the residents response. 

In the UK, we have contacted various media outlets, MPs and MEPs to try to get the awareness of this situation raised.  Unfortunately we have yet to have a positive response, or indeed a response, from many of them.  If you have any advice, or names as to who we can contact, please get in contact at trncpropertyhell@hotmail.co.uk

This is especially important now that the Bank is trying to stop all reporting of the case.

Finally, Bob and Jan French, along with the other members of Kulaksiz 5 would like to thank you for your support.  It really is appreciated.  

Akfinans Bank issue a press statement.

This statement was posted to Kibris Newspaper on 23^rd March 2011.  It has been translated from Turkish, therefore the translation may not be 100% accurate.

Our Bank has felt compelled to issue a statement following lies and false written newspaper reports and visual news concerning the Kulaksız 5 site in Karşıyaka.

Akfinans Bank Ltd. holds the title deed for the said houses located in Karşıyaka Girne, which was undergoing construction.  There are residents that are illegally residing on the site and action has been taken against a group of foreign nationals for eviction, which has come after they broke the locks of a house and caused damage to the house; they than intentionally made a statement claiming that they are the rightful possessors of the house and claimed that the locks in question were actually broken by our bank and they took the initiative of trying to make a wrongful impression to the public.

The bank immediately informed and has made a criminal complaint on the matter to the TRNC Attorney-General, Girne Police and Lapta Police. However unfortunately this matter was reported intentionally in certain press without making any kind of proper research into the matter and has distorted the matter by reporting in a one sided manner to the general public.

We would like to remind that according to the Banking Law 39/2001, Article 53, any unfounded reporting or news undertaken by the respective person which will damage the reputation or harm the bank is considered a criminal act, we therefore would like to reiterate our belief that the Police, the Higher Press Authority and other respective authorities will enforce the stipulated sanctions, and would like to inform the public that we have commenced legal proceedings against the respective press or people that have intentionally reported wrong news to the public as Akfinans Bank Ltd

Akfinans Bank Ltd

Akfinans Bank are wrongfully presenting the residents of Kulaksiz 5 as criminals.  They are implying that the residents of Kulaksiz 5 are living there illegally, and they are threatening action against the residents.  They are threatening legal action against any media outlet in North Cyprus who are publicising the injustice faced by the Kulaksiz 5. It would appear as court did not go entirely their way this week; they are now attempting other means to put pressure on the families of Kulaksiz 5.

The Story So Far...

In October 2005, Bob and Jan French waved goodbye to their life in Southampton, England for a dream retirement in the idyllic island of Northern Cyprus.  When their son and daughter in law visited them in December 2005, they eagerly showed them their dream home which they had purchased.  With the stunning mountains behind the property, and the beautiful sea view from the roof terrace, it was easy to see why they had fallen in love with the 3 bedroom villa.  The villa was completed in May 2006 and they soon settled into their dream home.  That summer they enjoyed a wonderful month with 3 of their grandchildren, playing in the pool, enjoying barbeques on the roof terrace, visiting some of the beautiful sights the island has to offer and making new friends in the process.  They had ploughed their life savings into this property but it was worth every penny.

Or so they thought. Despite using a recommended solicitor on the island and a local estate agent that they befriended and trusted, they never had received the title deeds to the villa.  There were still a few things on the snag list that the builder hadn’t solved.  The road still hadn’t been laid and they were still on the very expensive ‘builders electric’.  This was bad enough but there was worse to come and in 2008, their dream retirement turned into a real-life nightmare. 

They discovered that after they had paid for the villa, a mortgage was taken out on the land by the builder from a local bank.  The mortgage was taken out when it was obvious that people were living in the properties. 

The builder made no attempt to pay the mortgage on the land, and the bank decided their best course of action would be to pursue the purchasers of the villas for the money.  Despite the mortgage being only 104,000TL* (about £41,500) the 80% interest meant the figure now due was £2,000,077TL* (about £797,000)

Of course, the residents of the development, many of whom had put their entire life savings into their dream home, couldn’t afford to pay the bank, and why should they? They hadn’t taken out the mortgage on the property.  In 2010, events took another horrific turn for the shocked owners of the Kulaksiz 5 development.  The land their houses stood on, which they believed they owned, were to be put up for auction.  I need to explain here that the land had been split into two plots.  One plot housed 5 villas, and the other plot housed the remaining 8 villas. Both plots were put up for auction.  At this point, with the stress taking its toll on her health, Jan French returned to the UK to spend the time with her family.  Bob’s son flew out to Northern Cyprus to be there with his father, knowing the stress of what was about to happen could seriously affect his health too.

The day of the auction arrived, and crowds of supporters for the Kulaksiz 5 victims turned out, reducing Bob to tears.  He was so grateful for their support, but standing there with his son, he listened as to the Mukhtar – the ‘mayor’ of his neighbourhood – auctioned the plots on which his home stood, along with the houses owned by 12 of his friends and neighbours and with tears in his eyes, there was nothing he could do except watch as the only bid to be placed was by Akfinan’s bank.  The bank who had originally allowed the mortgage to be placed on the land.  The winning bid was, conveniently, for almost the same figure as that outstanding on the mortgage.  As the bank had purchased the plot of land his house stood upon, Bob’s heart sank as he realised they had become the rightful owner of his home.

Jan returned to Northern Cyprus a few weeks later, but her heart was no longer there.  She felt betrayed by the builder, the solicitor and by the government, who stood by and did nothing to help the residents of Kulaksiz 5.  Since the auction took place last June, Bob and Jan have been to court many times, with the other residents and their solicitor to try to get the auction overturned, to try to win back their homes.  Unfortunately, so far, no decision in their favour has been made. 

Following the auction, the bank has started the eviction process.  Unsurprisingly, some of the residents have already moved back to the UK, scared and confused as to where they stand. As the bank has already entered two properties, Bob and Jan are understandably frightened.  They are scared to leave their home, in case they come back to find the locks have been changed.  They are scared to answer the door, in case there are bailiffs stood there. They are, effectively, prisoners in the home they paid for.

The home that also has major structural issues. They have been advised by a surveyor not to enter their bedroom as there is a chance the room will cave in.  So not only did the builder betray them deeply by taking out a mortgage on the land they purchased from him knowing he couldn’t afford to pay it back; he didn’t even put any thought, pride, or knowledge into the construction of their home.  If, by some small chance, they do win against the bank, it will cost them around £8,000* to make their home safe again.

Bob and Jan have recently received a court summons.  As darkness was descending, there was a loud bang on their front door.  Frightened, they stood in the hallway, the only part of the house without windows, so they couldn’t be seen.  They stood close together, their hearts pounding, as the banging on the door continued, whilst the man at their door shouted loudly in Turkish.  Concerned that the door to their home was to be broken down, Bob comforted his wife, all the while, unsure as to what he would do if they did break the door down. When the banging eventually stopped, Bob went to the front door and found a writ wedged in a small gap between the door and frame.  They are to stand in front of a court and explain why they are stopping the bank from receiving £600* per month in rent or £110,000* for the sale of the property.  If they wish to stay in the property, the bank will allow them to, but only if they pay either £600* per month rent, or they buy the villa from the bank for £110,000*.  The villa they have already bought for £95,000 in 2005.  Now they are playing a waiting game.  According to various sources, Akfinan’s Bank has to ‘dispose’ of the properties within one year of the date of the auction, which will be 6^th June 2011.  The bank are not going to hand these villas back to the people who purchased them in 2005, even the most optimistic of people can see this, so it would appear that they are attempting to evict them prior to this date.  There is, however, no guarantee that they will comply with this law.  What happens if they are evicted? They lose everything.  They will have to rely on their family to help pay for them to travel back to the UK. 

For now, their fight continues.  They will continue to hand over money they cannot spare to a solicitor in the hope that they can get some resolution to the horrific nightmare they find themselves trapped in.  They will continue to hope that the European Court of Human Rights will hear their case.  They will continue to try to raise the profile of their fight against Akfinan’s Bank. They will continue to do this with the love and support of their family and friends.

*These figures are approximate at time of calculation.

An Introduction

This blog has predominantly been created to highlight some of the issues surrounding the problems with purchasing property in Northern Cyprus.  The issues highlighted on this blog are not anything to do with the Greek vs. Turkish land dispute.  As far as the owners of these properties are concerned, the land on which their homes were built was owned by a Turkish farmer.  The issues with this particular group of residents are concerning the auction of their properties in 2010.  Your support for the Kulaksiz 5 residents will be appreciated.