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Old 18th March 2015, 21:39   #1 (permalink)
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Advice please, possible court case against local company

Can anyone give me any advice on how to manage a probable court case an individual (Mr. X). He has had money from us for a resale villa purchase for over a year, including money for a planned bedroom extension, and the sale fell through. It is looking probable that this will now have to go to court. Despite never ending promises and excuses, he has not committed to returning our money. We have a Turkish lawyer in Ortaca who was managing the resale and has been trying to get Mr. X to return our money to us. Mr. X said he is deducting loss of vat and income tax for an extension which did not go ahead. He was due to sign a money bond to pay us at the end of March, but has failed to sign it with the lawyer. Any advice would be very much appreciated.

Last edited by Mushtaq; 20th March 2015 at 14:17.. Reason: removed names
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Old 18th March 2015, 22:02   #2 (permalink)
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Re: Advice please, possible court case against local company

trying to understand your situation - you didn't actually purchase the villa because of bank under valuation is that right - was it his villa you were planning on purchasing? is it the case that the money you say he owes you is for work that you were planning to have carried out by him if you had been successful in purchasing the property - if that is the case why did you pay for the work in advance and if the work was never carried out what are his reasons for refusing to repay it minus legitimate deductions .........

Villa under-valuation?

Last edited by Helenm150; 18th March 2015 at 22:24.. Reason: typo
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Old 18th March 2015, 22:43   #3 (permalink)
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Re: Advice please, possible court case against local company

I don't know if Turkish and UK legal matters such as this are the same, but I would be very careful in any on-line accusations just in case the person in question tries to sue for for defamation, thus the end result being a dropped case.

If I am correct and hopefully other people will confirm or deny, you might want to edit your post and remove any name which may have been mentioned.
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Old 18th March 2015, 22:50   #4 (permalink)
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Re: Advice please, possible court case against local company

Thank you for your reply. It is a complex situation. We built trust with Oruc employees over past 5 years of holidaying in Dalyan. Introduced to Mr. X when we saw a re-sale villa he was the agent for, and had built the villa for the owner. We paid part of the agent fee up front to show willing. Signed draft contracts. Mr. X was arranging a Turkish mortgage for us. Turkish lawyer was given power of attorney to sign the mortgage papers. Mr. X was due to finalise the sale and start an extension November 2013 (told we need a 4th bedroom to increase rental opportunities). We paid him the money and he said the money would be in an account to return to us should the sale fall through. Instead of completing the sale, he focussed his time on newbuilds, following which the interest rates had increased and the banks were then jittery to lend to foreigners. April 2014 the bank manageress met us at the villa, agreed to the mortgage. However, when we went to sign the mortgage papers, the villa had been undervalued. 2 values later and the bank would not lend original amount. We asked Mr. X to give us the extension money to give the bank to cover the shortfall and he said he had to declare the money to the tax office and cannot take it back out to give back to us. So the sale fell through. After broken promises to pay, and no further responses from Mr. X, it is now in the hands of the Turkish lawyer. Mr. X has informed the lawyer that he will sign a money bond to pay us at the end of March but is deducting loss of income tax and vat for the extension. He has not purchased any materials for the work. He has not signed the money bond, so if he has not paid by the end of March then we have no choice but to take him to court. What started out as my dream of owning a home in Dalyan, has turned into a very distressing experience. I wondered if anyone would be able to advise on the best thing to do.

Last edited by Mushtaq; 20th March 2015 at 14:18..
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Old 18th March 2015, 23:01   #5 (permalink)
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Re: Advice please, possible court case against local company

Quote:
I wondered if anyone would be able to advise on the best thing to do.
I did try to, but you seem bent on destruction before knowing if what you are saying on a open forum is acceptable or 'LIABLE'

I know, yes I know how you feel, but sometimes you have to tread carefully.

Good luck.
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Old 18th March 2015, 23:13   #6 (permalink)
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Re: Advice please, possible court case against local company

I don't understand why anyone would pay an agent's fee up front or for work on a property they do not yet own - for various reasons (interest rates/under valuations) the mortgage didn't get approved and it was your mortgage and therefore your responsibility to sort that out not his ..... hopefully he will return the money for the extension minus legitimate deductions by the end of March as he has stated he will to the lawyer - why aren't you giving him chance to do that? I also agree that you should not have named this man on a public forum.

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Old 18th March 2015, 23:27   #7 (permalink)
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Re: Advice please, possible court case against local company

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Originally Posted by Helenm150 View Post
I don't understand why anyone would pay an agent's fee up front or for work on a property they do not yet own - for various reasons (interest rates/under valuations) the mortgage didn't get approved ..... hopefully he will return the money for the extension minus legitimate deductions by the end of March as he has stated he will to the lawyer - why aren't you giving him chance to do that?
Paying any money up-front has always been a bone of contention with me, regardless of what other people say of it being the way to do things, then it's time to stop and change the system for a more feasible and safe system, which safeguards both parties.

What I advocate is that people start and make use of what is called a Escrow.
But no-doubt people are going to say 'ah but that costs money to set up'
To which my reply is 'cheap at half the price' especially when compared to what a LOT of people have lost due to bad practices.


An escrow is:

An arrangement made under contractual provisions between transacting parties, whereby an independent trusted third party receives and disburses money or documents for the transacting parties, with the timing of such disbursement by the third party dependent on the fulfilment of contractually-agreed conditions by the transacting parties, or an account established by a broker, under the provisions of license law, for the purpose of holding funds on behalf of the broker's principal or some other person until the consummation or termination of a transaction;[1] or, a trust account held in the borrower's name to pay obligations such as property taxes and insurance premiums.
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Old 18th March 2015, 23:27   #8 (permalink)
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Re: Advice please, possible court case against local company

He has missed too many promises to the lawyer of dates to pay.
If he fails to pay again, he leaves us no choice but to start court proceedings.

My reason for putting this thread on is that the company's reputation has declined and I am asking if anyone can advise on how to manage the situation.
Yes Old fogey I agree, but this has gone on so long now that we are seeking advice from those more experienced.
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Old 18th March 2015, 23:31   #9 (permalink)
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Re: Advice please, possible court case against local company

I think you will find that his name has been quoted on the forum on a number of threads, most recently the beach tender and by many dissatisfied customers previously
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Old 18th March 2015, 23:41   #10 (permalink)
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Re: Advice please, possible court case against local company

if you check with your Turkish lawyer about this thread they advice will be to remove it asap as it could have an adverse effect on any legal proceedings that you take in the future.

It doesn't matter if the person name is already here on the forum the Turkish judge will only consider your actions
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