Kulaksiz 5 and Pauline Reed

[cyprusishome]

Following recent comments and discussion I have been asked to post the following. Pauline is not able to post on this site so is unable to take part in any discussion or give her side of the story in person. I hope this will answer many of the questions that have arisen in recent weeks.

I get a little fed up with reading that I decided to go ‘my own way’ or that the situation as far as the Kulaksiz site known as Kulaksiz 5 has been legally settled.

With regard to my deciding to go my own way. UNTRUE….the High Court Judges in their wisdom decided to terminate my membership of the Kulaksiz 5 after my being in the Kulaksiz 5 -v- Akfinans Bank Limited case for almost 8 years as part of their judgement given in the Appeal of the 16th November 2017. Their reasoning was that I had won a judgement in my Breach of Contract case…very true…but they failed to take into account that the case and the judgement was cancelled by the High Court in October 2013 so no longer existed and was never paid out. After thousands of £’s in legal fees, not only did I end up with nothing, but the High Court handed my property to Akfinans Bank Limited despite the Lower Court Judge finding the Bank’s actions in putting a mortgage on the properties and then auctioning them to be fraudulent.

Having exhausted all legal remedies open to me in the TRNC, I am now taking my case to the ECHR and suing Turkey…as indeed the the whole of the Kulakszi 5 would have done so.

With regard to the other owners at Kulaksiz 5. The same Appeal gave them the right to go back to the beginning…i.e. November 2005 and ordered the Kocans to be put back into the name of the landowner. They were also given leave to join with Kulaksiz Construction Limited, Abdurrahman Guney and Yuksel Yilmaz (landowner) as defendents in the case Akfinans Bank Limited -v-all them.

So what does this mean? They will be tied up in court for years to come…if the defendants win then the bank will appeal (again)…if they lose..they will appeal again. Can you see where this is going? They will all be pushing up the daisies long before there is a resolution and they will pay heavily for the privilege.

The legal system in the TRNC is beyond anyone’s understanding. I pray the European Court of Human Rights has no bias.

[Keithcaley]

cyprusishome - thank you for posting that.

We should all support Pauline in her struggle by visiting her 'Go Fund Me' page - every donation, no matter how small will take her a little closer to resolving this matter.

Even if you can't afford to give anything at all, you can still help by clicking here and then sharing the link on Facebook, to publicise the appeal to a wider audience, and encourage others to donate.

Please help.

[Art]

Keith,

Why should we all support Pauline -she is very anti TRNC and it’s legal system.?

And do we know all of the facts?

The same legal system worked for me and many others who remain silent and keep a low profile.

[tomsteel]

Art, pm sent.

[geroff]

Art, you mustn't have a different opinion cos Keith says so lol.

Just a thought, isnt it rather a silly move to take Turkey on ? Surely it will end in more tears not just for this lady but those who oppose Turkey? .... Be very aware . ... just saying before Keith gets his knickers in a knot .

[Keithcaley]

Art, you mustn't have a different opinion cos Keith says so lol.

Just a thought, isnt it rather a silly move to take Turkey on ? Surely it will end in more tears not just for this lady but those who oppose Turkey? .... Be very aware . ... just saying before Keith gets his knickers in a knot .

[Cally]

Admittedly I don't know all the facts, it has been a long, expensive & exhausting journey for Pauline & I'm sure no one in their right mind would like to go through years of battling a corrupt system.

I was talking (online) to Pauline last night, she took the trouble to find out where my donation came from to thank me.

I haven't been involved with a similar situation, I was lucky in that I was able to purchase my apartment & receive the Kocan within a year with no problems that I have seen & heard so many others have done.

Why should we all support Pauline -she is very anti TRNC and it’s legal system.?


I'm sure I would be anti TRNC & it's legal system, if I was in her shoes. It is corrupt & imo that can't be denied, I have sent a donation to help Pauline, whether anyone else does or not is their choice, but I have great admiration for someone willing to take on this mammoth task & wish her well.........

[ozankoys]

Art I am interested to know how the legal system worked for you if you kept silent?
To our cost we have also fallen foul of the corrupt practices here, our Lawyer failed to advise us to register our contract, the Builder took out a mortgage when we were already occupying the property & the Bank failed to make any checks to see if the Builder was telling the truth. All 3 parties negligent at best so no guesses as to who ended up paying the mortgage off!
I wish Pauline the best of luck!!

[Ragged Robin]

There was a long (and of course acrimonious) discussion about this case on the long lost Cyprus 44. I formed certain opinions based on information that came to light during that, but I dont want to rely on my ageing memory. Does anyone know if there is any way of accessing it?

[kerry 6138]

Google Cprus 44 forum, use search facility at the top of the forum page.

[Keithcaley]

There were many threads concerning Pauline at the time (I found around 80), I'm not sure which particular one you are interested in, but you can access them by clicking here

[cyprusishome]

Would be nice to have a happy ending like art but too many will never achieve that in North Cyprus. Too many people I know have given up the fight because they know they cannot win in a system designed to protect the guilty. Pauline may set a test case for other failed buyers, the Orams family failed for reasons outside of their control. Pauline has learned from that. I do not know the intricacies of the case going forwards but wish her well.

[cyprusishome]

A reply from Pauline REGARDING "WHY TURKEY". Hope this helps to answer.
The answer is quite simple…Turkey is one of the 47 members of the Council of Europe and is the only country that recognises the Turkish Republic of Northern Cyprus, having bank rolled it since the division and indeed by its intervention saved countless Turkish Cypriots from being forced to migrate or worse. I digress…the question was why Turkey? The ECHR do not recognise the TRNC but it does recognise Turkey and indeed other cases naming Turkey but TRNC based have been submitted to the ECHR.

What many of you may not know is that Boysan Boyra the then Advocate for the Kulaksiz 5 in their case against Akfinans Bank Limited, did submit a case for Kulaksiz 5 to the ECHR in 2010….case number 75417/10. The ECHR did accept the application but later rejected the case because we had not then exhausted all domestic legal remedies in the TRNC.

No surprise then that now I have been thrown out of the Kulaksiz 5 case by the High Court judgement and effectively have exhausted all domestic remedies in the TRNC…I am now taking the next logical step to obtain justice, taking my case to the European Court of Human Rights. The other K5 owners have not exhausted all domestic remedies and indeed could face many more years in the courts in the TRNC.


These are all the current members:
Albania
Andorra
Armenia
Austria
Azerbaijan
Belgium
Bosnia and Herzegovina
Bulgaria
Croatia
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Georgia
Germany
Greece
Hungary
Iceland
Ireland
Italy
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Republic of Moldova
Monaco
Montenegro
Netherlands
Norway
Poland
Portugal
Romania
Russian Federation
San Marino
Serbia
Slovak Republic
Slovenia
Spain
Sweden
Switzerland
“The former Yugoslav Republic of Macedonia”
Turkey
Ukraine
United Kingdom

I hope this clarifies the issue for you. At the moment the fund from Gofundme is £1,080.00 and a further £125 in cheques and cash. I shall of course need much more which I am working on.

Since my soul mate known as Agile in TRNC passed, life has been difficult…but he would be so disappointed in me if I gave up now. Why Agile? Also from a forum in the TRNC. When the members were told of his having to jump out of the way of a speeding car driven by bank personnel, one member commented “he must be Agile” and so his nickname was born.

[waz-24-7]

Take absolutely nothing for granted in the TRNC. Property purchase is no straight forward exercise particularly if you are a foreigner.
Always consider: Kocan is King.
There are no solicitors only advocates,
Duty of care is generally an unknown ,
Due care and attention is rare.
Conflict of interest is rife.
litigation is a highway to financial ruin so check, check again, ask questions of everyone and let caution precede action.

[Mufflet]

Wow some acrimony here, Mr KC not popular with some. I would really like to know what this lady has to say before I decide on support, sh'e obviously online, perhaps she should post on here, I would be interested in her take on it not third party.

[woodspeckie]

Mufflet. Read post 1 Pauline is not allowed post on this forum.

[Mufflet]

OK !

[Mr Chinnery]

Woodspeckie,
Why is Pauline not allowed to post on the forum.

[Art]

Assuming she has been banned why allow a third party to write on her behalf?

It doesn’t make any sense to me!

[Cally]

Art, so it is ok to run her down knowing she is banned & Pauline's only voice is a third party......... how does that not make sense

[Art]

Over the years I have made Pauline aware of my views so I’ve been completely transparent.

I’m not running her down -I just have a different opinion.

Sorry to disappoint.

[Soner]

Sorry, thread now locked.