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Old 27th October 2011, 10:02   #1 (permalink)
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Dream Over, ripped off by Huyesin Tavaci of Crystal Homes, Golden Crystal Homes

As some of you who know us are aware, we have been battling in court for over three years to get our Tapu. I have not put this in the public domain before, as I was advised that our case could be jeopardised. Now, I don’t think it matters any more.

We visited Turkey in October 2007 for a two week holiday. Whilst there we saw and fell in love with a beautiful villa in Akbuk. We paid our deposit, got taken to a solicitor (builder’s that is) to draw up a contract, which included the various stage payment dates. All very amicable. We went to a bank with the company’s Sales Manager, and opened up bank accounts. We also filled in all the forms etc. for a mortgage. At this time, knowing nothing about Turkish law, no-one informed us that to be legal, this contract should be notarised. Not the builder, the Sales Manager, nor his solicitor. Granted, this solicitor was being paid by the builder, but honesty was obviously not his scene or priority, any more than honesty figured in the life of the builder! With hindsight, it is now very obvious that between them all they had full intentions of cheating us out of our money. And they did!

We came home very excited, sent over all the documentation the bank needed for the mortgage, and started planning our next trip for March 2008. We would then complete the paperwork and get the Tapu (we were told) as the mortgage would be through and approved by then. During the five months between we closed down savings accounts, Post Office books, etc. to get the money and we paid the stage payments, with the last due when we were there in March.

As some of you may recall, there was a problem at this time with the Tapu issuing, and all Tapus were suspended. We were persuaded that this situation would only last for a few months. Our last payment date said basically, pay on production of the Tapu. We were now in a cleft stick, as we could not plan another trip for some time. Initially, we had transferred some money to a Time Deposit account, the idea being that the interest generated would pay utilities etc. Now, we were told that the best course of action would be to pay the final payment from our Deposit account, and give a POA to the Sales Manager. The idea here being that he would get the Tapu, go to the bank and show them, and they would release the mortgage money back into our Deposit account. Sounded okay. However, what we did not allow for was the crooked and unscrupulous behaviour of our builder. We then came home and started to get all the excuses about not being able to get the Tapu.

We were able to return to Turkey in June, hoping to collect our Tapu. We also decided that as we had paid the remaining money to the builder, we would not take out the mortgage, as we would be paying this back over the next ten years. We had paid it, and it was finished. We therefore went into the bank and told them, and cancelled the POA, as we were getting a bit suspicious. Particularly as one very helpful lady on this forum had translated it for us. It seemed we had given out a POA to do absolutely anything! No sign of the Tapu – more excuses. We returned home.

We then had an email from the Sales Manager asking if we had cancelled the mortgage, as he had received the paperwork cancelling the POA. We confirmed that this was the case. Guess what? The very next day the builder took out a loan using “our” Tapu! Although we did not know this at the time. Then it started.

We were getting very annoyed about all the delays, and flew out unannounced in October 2008. The day we arrived, a “representative” of the builder turned up on our doorstep at about nine o’clock at night, demanding £1,200.00 maintenance money – or else. Eventually we paid this, as the threat was that we would not have water and electricity during our stay. By then we had had the records checked, and found out about the loan. We were advised that we had two choices. We either got on the ‘plane and flew home and wrote off our money, or we took the builder to court. We had paid the builder £95,000.00 for our villa, which represented our life savings, so we could not “forget” about it. We went to a solicitor in Kusadasi upon advice of not getting a solicitor in the same town as the builder. We were horrified to discover how much this was going to cost. In total £16,000.00, which we did not have. However, as we did not have a choice, we paid a deposit and agreed to send the rest to the solicitor upon our return. We then returned to the UK, and he filed the court papers. End of October 2008. We went to our bank here in the UK and obtained a loan to pay the charges for our case. We will be paying this back until 2013. Due to various circumstances, we have subsequently had to send our solicitor another £1,000.00.

In May 2009 we travelled to our villa. We were without water and electricity for eight weeks, as the bills had not been paid by the builder and they had been shut off. It turned out that he had not paid any bills since starting to build the complex in 2006 despite receiving maintenance money from us and other “owners”. From then on it has been completely downhill. Our court case has dragged on, with two changes of judge, resulting in each one wanting different information and at the last hearing, some three years after starting the case, the builder turned up in court and said he had only just found out! What utter rubbish and lies! We had a row with him in May 2009 over the unpaid bills, and we tried to refer him to our solicitor, but he didn’t want to know. Also, we met an ex-colleague of his who asked us, out of the blue, why we had taken him to court. He knew! So, the case was adjourned yet again for four months, as the court allowed the builder’s request to “prepare his defence”.

In the meantime, our solicitor informed us that the bank from whom the builder got his loan was pushing the court (at OUR case) for permission to auction the villa to recoup their money. Some very good friends of ours emptied the villa immediately. Our villa was equipped down to the last coffee spoon. Three very overweight trips had seen to that!

Next, the builder arrived at the complex with a locksmith, broke in and changed the locks. He then moved his entire family in! Upon our solicitor complaining to the Director of Public Prosecutions about this behaviour, the Jandarme arrive at the complex. He was not there, but was obviously told they were looking for him, because he moved out. However, he came back twice with large transport and removed the water boiler and the air conditioners. We don’t know if he has taken anything else, because we are reliant on observations from a couple who live there.

It now transpires that because the Tapu is still in his name or his company’s, the Director of Public Prosecutions has not allowed our complaints of breaking and entering etc. as there is no crime or case to answer!

There is an awful lot more of this, threats, intimidation etc. but this is the bare bones. Situation now is, our next hearing is end of November, but the bank has finally got permission and will be auctioning our villa on 4th November. We are devastated. My husband is over 70 years of age and, as mentioned before on the forum, is an insulin dependent diabetic. I am nearly 70. We could really have done without all this worry over the last three years. Our idea was to spend some quality time in our later years at our lovely villa. Some hopes!

I am totally convinced that our builder will somehow (and I have an idea how) get our villa back at the auction, will then take out a loan with another bank, and will sell it again. Thereby getting our money initially, and the loan from the bank. As his name is on the Tapu, he will get any residue from the auction after the bank has taken it’s money. He will then get another loan, and sell it for the second time. What a crook!

We now have a massive problem – how to get our personal belongings back to us in the UK. Somehow our furniture will have to be sold. There are so many things we took to the villa, and lots of items bought in Turkey. Our villa was to be our home from home. We have now lost everything, including the last shreds of hope that we were hanging onto.

Maisie
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Old 27th October 2011, 10:09   #2 (permalink)
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Exclamation Re: Dream Over for Us

Aww Maisie - this is terrible and so very bad , but unfortunatley not the first !
I think maybe I met you in our restaurant in Yalikavak ? and we were talking about this and at the time I remember telling you to " tell all " on TLF
Maybe it was not you I met. but it was almost the same story
GOOD LUCK for your next court case - keep us all informed as to the outcome
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Old 27th October 2011, 10:10   #3 (permalink)
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Re: Dream Over for Us

I am so sorry to hear this .

xx

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Old 27th October 2011, 10:12   #4 (permalink)
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Re: Dream Over for Us

wish the best for you..another reason for TR to be ashamed(
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Old 27th October 2011, 10:14   #5 (permalink)
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Re: Dream Over for Us

Oh Maise,
What can I say. I am at a total loss for words. My heart goes out to you. It really does.
All I can say, is that I am truely sorry for your plight.

Mary.
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Old 27th October 2011, 10:15   #6 (permalink)
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Re: Dream Over for Us

Such a sad story, my heart goes out to you.
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Old 27th October 2011, 10:16   #7 (permalink)
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Re: Dream Over for Us

Maisie, can only say sorry. This is awful.
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Old 27th October 2011, 10:17   #8 (permalink)
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Re: Dream Over for Us

disgraceful Maisie

I will PM you

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Old 27th October 2011, 10:18   #9 (permalink)
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Re: Dream Over for Us

OH Maisie what a terrible thing to happen to you ,and your hubby ,why the hell the turkish goverment dont do something about these scandals I dont know.

More and more buyers are being ripped off every year with the help of the law,lawyers and builders.
There does not seem to be any shame in it either for those involved who just prey on the innocent .

my heartfelt sypathy to you both

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Old 27th October 2011, 10:20   #10 (permalink)
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Re: Dream Over for Us

Hi i was just reading this and i feel so sad. nearly every day we hear this.
When will it stop.
Please take care we are all thinking about you both.xx



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