Cyprus Banks taking legal action in UK

General questions & discussions on Cyprus property related matters
Daftbuyer
Posts: 2
Joined: 11 Mar 2011 18:09

Re: Cyprus Banks taking legal action in UK

Post by Daftbuyer »

Hi Nigel,

If you do have details of the change in legislation that would be great. I've looked again, and can only see changes for small claims?
Everywhere i've looked seems to say say EEO is only if case is uncontested?

Regards
Mark101
Posts: 7
Joined: 10 Dec 2015 13:15

Re: Cyprus Banks taking legal action in UK

Post by Mark101 »

Sorry to bump an old thread but I often find myself coming back to this one and reading through it.

Just wondering if anyone has seen any outcomes of their cases yet?

My hearing is due to start in Feb/March next year and I'm starting to get a little nervous, despite having a pretty strong case with the illegal POA etc

Should a decision be made in favour of the bank has anyone heard of what the next steps are? How do they go about taking UK assets? Do they just put a charge my house for example?

I read the recent Landmark Decision regarding Swiss Franc mortgages, could this help me in time for next year?

Thanks,

Nervous-Mark :-(
Nigel Howarth
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Re: Cyprus Banks taking legal action in UK

Post by Nigel Howarth »

Hi Mark101 and welcome to the forum.

As far as I am aware, none of the mis-selling cases have been heard in court - there have been continuous adjournments.

No-one can say what the outcome of the cases will be, let alone what action the bank will take if the cases against them fail.

The case you refer to was a decision reached by the Competition and Consumer Protection Service (not a judge) which ruled that the loan agreement to be in breach of the law on unfair terms in consumer contracts and also in breach of the principle of transparency. I cannot say whether the CCPS would reach the same decision if you complained - every case is different.

Regards,
Nigel Howarth
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Radyad
Posts: 1
Joined: 02 Jan 2017 10:03

Re: Cyprus Banks taking legal action in UK

Post by Radyad »

Dear all,

We are now one year further from the last post on this thread, which contains some good discussions. I'm aware of many class actions now brining cases both in UK and Cyprus courts, but have there now been any hearings completed in a Cyprus Court, and what was the outcome of these trials?

If anyone is aware of any current class actions against Alpha Bank, for either invalid POAs or misselling of Swiss Franc mortgages, I would be very grateful if you can send me a personal message of the details of the lawyers working on these cases.

Many thanks,

Mark,
Nigel Howarth
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Re: Cyprus Banks taking legal action in UK

Post by Nigel Howarth »

Welcome to the forum Mark.

Trial dates have yet to be set, the cases have yet to be heard.

There are a number of organisations taking action against the Alpha Bank (and others) I will send you a list by email later today.

Regards
Nigel Howarth
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Nigel Howarth
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Re: Cyprus Banks taking legal action in UK

Post by Nigel Howarth »

Good morning Janner

I haven’t heard from anyone who has had orders attached to their earnings, their UK property, etc.

The principal culprits that allowed this situation to arise are the charlatans masquerading as lawyers who failed to carry out any due diligence to protect their clients - and the banks who granted loans to those buying property in full knowledge that the land on which the property was being built was mortgaged to the bank.

The has been one successful court case. In 2010 the Supreme Court found Paphos lawyer Nicos Papacleovoulou/Papakleovoulou guilty of professional negligence and ordered him to pay €120,000 to a British couple. The property the couple bought had been mortgaged twice by the developer who later went bankrupt.

The law changed in 2011 allowing prospective purchasers to repay an element of the developer’s mortgage to the bank in exchange for a waiver and deduct the repayment from the amount they paid to the vendor.

Unfortunately, property falls outside the sphere of influence of the EU. the Treaty of Rome makes special exception for the purchase of real property at Article 295 stating that it “... shall in no way prejudice the rules in Member States governing the system of property ownership”.

Regards,
Nigel Howarth
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FrenchPeasant
Posts: 1
Joined: 03 Apr 2018 12:43

Re: Cyprus Banks taking legal action in UK

Post by FrenchPeasant »

CCPS in Cyprus says

"As you have already mentioned the system of collective redress for mass harm situation by nonprofit making entity is just a recommendation of the European Commission and it is not binding on the Member States. In Cyprus, as in a number of other European countries, such a system does not exist.

[/b] I would like to bring to your attention Directive 2009/22/EC on injunctions for the protection of consumers' interests. The purpose of this Directive is to approximate the laws, regulations and administrative provisions of the Member States relating to actions for an injunction aimed at the protection of the collective interests of consumers included in the Directives listed in Annex I. Each Member State shall take the measures necessary to ensure that, in the event of an infringement originating in that Member State, any qualified entity from another Member State where the interests protected by that qualified entity are affected by the infringement, may apply to the court. Therefore you might consider the possibility of using the provisions of Directive 2009/22/EC by contacting a qualified UK entity. The relevant Cyprus law is Law 101(I)/2007.

If you are being chased in the UK for debt and you live in the UK write to the Financial Ombudsman. If you get kicked back try, try, and try again. Make sure you emphasize contracts were signed in the UK and now you are being chased in the UK. You need to send evidence of being chased in the UK. They cover debt collection in the UK. Mention the collective redress - The Ombudsman only needs 2 for an injunction. Remember PPI- the Ombudsman can take action.

Lobby (Sir) Bill Cash MP - Chairman of all party group for defence of UK citizens rights in Cyprus. The UK government is still paying lip service to this huge scam. When we lose our homes, our health and our sanity it will cost them a lot more to look after us then it will stop the Banks seizing UK property unlawfully (based on the scams that came before). Petition in numbers. Lobby in numbers. Write to the Financial Ombudsman. Write to your own MP. Don't give up.
http://www.billcashmp.co.uk/index.php?o ... &Itemid=14

I've no idea whether it will work - but give it a go. At the moment thousands of us have everything to lose.
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