Victim of property fraud

jay64 · 24th June 2008, 18:11

I am writing because I am desperate for advice.

I am the victim of fraud. Two years ago I purchased a property in Fethiye only to find out that it did not belong to the person who sold it me. It has been a long battle but I won my case in court and was awarded my money back. I am now being told that I have to take out another court case to obtain the money from the man. It just all seems bizare to me....I was awarded my money so why is it not straight forward. Some say I will never see the money, so really I didn't win in court he did.

immac · 24th June 2008, 18:27

What is your lawyer telling you?
Ian

jay64 · 24th June 2008, 18:46

my lawyer is saying that I have to open up another court case to take him to court for the money.......

SamJones · 24th June 2008, 18:56

Blimey I am really sorry to hear your news......it really makes me sick that this goes on all the time in Turkey. I was just looking on the internet for solicitors who are english based but deal with Turkey law..... www.acacia-int.com as I am looking to give power of attorney to a solicitor who can deal with my contract so they may be able to help you too!!! Worth a try.

immac · 24th June 2008, 18:58

I guess he might be saying a little more, but my understanding is that to sieze his assets you need a court order and then the baliffs are sent in. Also, debt can also be the responsibility of the wider family, not just the person who cheated you.
Ian

jay64 · 24th June 2008, 21:11

will give them a try Sam.....thanks

jay64 · 24th June 2008, 21:13

thanks for the information Ian.......only problem with keep going to court is that it is costing me a fortune and it seems unfair.......I was told that it not like in England the loser picks up the court cost.......do you know if that is true

carolk · 24th June 2008, 23:00

What an awful story, I have heard do many like this and from what I understand they will not represent you (solicitors ) without some money up front and no you cant recover costs like in the UK. At least a friend of mine couldnt.

civciv · 24th June 2008, 23:16

Jay when you open the 2nd court case you can also include a demand for compensation for the loss of interest on the money you paid for the property, along with costs.. you lawyer will tell you about this. Go with a recommended lawyer and Im sure someone on this website will be able to recommend someone reliable for you. Regrettably you have to pay for a new trial and pay court costs upfront. Lawyers can take a large cut of your winnings too i.e. 30% but then again they can in the UK. One of my friends is suing a former employer and has to pay 30% to the solicitor (no win no fee but win and you are stung!)
Best of luck

Mushtaq · 24th June 2008, 23:49

I had to take someone to court to recover my money, the solicitor filed for loss of interest and some costs, luckily the extra monies recovered were enough for the solicitor's fees, so I got nearly all of my money back.

You need to make sure the person you are suing has got assets/funds that you can get before you spend more money.