Mejl om att stämma advokaten
Detta mejlet är från dem som anser att Nursen och Demo har lurats och bör stämmas. Jag har personligen ingen uppfattning:
Greetings Fellow Investors,
Thank you for your responses to my email and the scanned document showing our payments we have made. Fifteen of us have replied in English and the Swedish group are extra investors who have been writing to Olof. Of the English investors one is not interested, several are keen to go ahead, and some have raised questions.
I am going to reply to the bulk of the questions, then write a little about my background and how I come to be sueing this lawyer, then set out next steps for those who intend to take this legal action.
1. Why not sue Demo?
Two years ago I commenced this and am on the list of creditors but they are bankrupt. I am not at the head of the queue.
2. Why sue Nursen Kose?
We signed POA authorising her to take legal action for us and to act with the duty of care for our interests.
We have the following evidence of her failure to show the duty of care in that Nursen Kose:
- released our monies repeatedly when building milestones or stages had not been achieved
- emailed that ‘ I myself am controlling the project, together with the architect, the engineer and am making regular site visits’.
- has not given clean titles for each apartment. In Turkish law when a new build is 90% complete the purchaser is entitled to receive the clean title
- has lied as recently as this month that titles given were clean when they had a two million lire mortgage on them and the apartment was not complete
- has had many Demo titles registered in her name which contravenes the law and shows conflict of interest between supporting Demo and supporting clients
- has provided legal services for us when she is an employee of Enta which is a commercial company . Only law firms can legally provide legal services to external clients.
- instructed and advised us to sign contracts with Demo which were never legal because they were not signed in the presence of a notary.
3. Do we have evidence of the above?
Yes, all of the above:
- our contracts we signed with Demo, our POA with Nursen Kose, our list of 8.3m euros which you have all seen’ the titles you have seen or been promised which have the two million lire mortgage on them, written requests for money to you from NK over several years, lists of titles which are in her name.
4. How strong is the case?
The EVIDENCE is strong. The more COMPLAINANTS there are the more PERSUADED the prosecutor will be.
5.What is the legal process?
Investors will sign a joint POA (to save costs) and Ercan Tatar will present this directly to the Prosecutor in the Istanbul court. One Swedish POA and one English POA.
6..What does it cost?
A group flat figure of about one thousand pounds divided equally among about ten investors.
The % rate for Ercan’s fee on monies we receive is 15%.
7. What about protecting our interests in the landowner case sueing for our titles?
Ercan is happy for you to contact him direct on this and he will represent you. He submitted a petition for me on this two weeks ago in the Istanbul court.
8. What will we gain from sueing Nursen Kose?
It will strengthen our case against her for her actions listed above. If and when she is found guilty in this consumer case this will automatically trigger a criminal case. This will move quite fast and will give us access to seize her assets. Further the government will watch all her accounts for many years.
My background. – how I come to be taking this action.
I invested in good faith as others have. Through living in Turkey three and a half years and successfully sueing a different property developer for all of my money, 63,000 pounds, and through trying to resolve the Elite Park situation, I have spent much time on this. More than 100 hours in Turkish lawyers’ offices, asking, listening and learning.
I have learned we paid way too much. There was money enough to finish Elite Park handsomely and make a very decent profit for Demo. The type of building process and materials used were not expensive. If it takes a few years for our apartments to finally be completed and sold we can hope prices have risen enough to give us a better return than if they had been completed and sold in the promised original timescale.
In my search for decent lawyers I have finally found Ercan Tatar who gives receipts promptly, is very experienced and competent and has considerable expertise. He has had two books on Turkish law published and he knows what he is doing, more so than most people in any court in which he finds himself. He is honest and cares about his clients’ interests.
Finally after this lengthy email, next steps.
First, decide if you want to take this legal action. It will cost around one hundred pounds if there are about ten complainants. There seems to be about that number who have expressed a definite interest. Some are Swedish and some are British.
Olof Oscarsson and I will work out the cost for each individual investor.
Ercan will email you a POA for joint signing and an invoice with instructions for payment method.
You will return the completed POA to Ercan Tatar and pay him.
He will go directly to the Istanbul Prosecutor and make our case.
It is no mean thing to get the attention of the Prosecutor. The quicker we can progress this the more effective our complaint will be.
Please confirm your intention to take this action by Tuesday 25th January.
The amount of money due will be confirmed by Thursday 27th january when numbers are firm.
Please be ready to do what is necessary to have the POA couriered to Turkey by Tuesday 8th February and payment in Ercan’s account sent by Tuesday 1st Feb so it is in the account by Feb 8th when the POA arrives in Turkey.
If you can see a serious logistical difficulty with this timescale please let me know asap.