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PostPosted: Sat Nov 10, 2018 4:50 pm 
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Hi everyone, some of you may remember me as I used to post here a while back. In 2005, we bought a villa in Frenaros near Paralimni and it went very wrong. Now, over 13 years later, I’m still fighting for justice. My old thread here was long but my posts ended abruptly in 2012 and for various reasons, I went quiet after the lower court decisions. That may have seemed weird and I apologise but I hope you understand what we were going through.

Going quiet though has done us no favours. Our appeals are now way overdue, the judiciary is still abusing us, history is repeating itself and I won’t stay silent any longer. I’m updating my story now on a new website and on Thursday evening I published new videos.

I’m telling what happened between us and our property developer, I’m explaining what really happened in the district courts and saying what I’m doing now. Within the videos, I believe there are lessons to be learnt and I know a lot of members will relate to much of the content.

I know there are many happy forum members who have had no problems buying in Cyprus but there are many of us with legal issues to varying degrees. Michaela and I are certainly at the extreme end of the spectrum, I understand that. But, even if you are happy and settled, there is content within our story that may be of great interest.

We’ve always appreciated the advice and support from this forum. Neil kindly came to my protests at the Presidential Palace and we have never forgotten that. You guys gave Michaela and I a lot of strength in the dark lower court years, as I call them now. We still have a battle ahead of us and we would value your experience again.

Here is the link to my new YouTube channel, Beyond Contempt.

Many thanks
Conor

https://www.youtube.com/channel/UCEWXBotzH_LaDWDrZ5jA42A


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PostPosted: Sat Nov 10, 2018 8:49 pm 
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Every time I drive past the sign to Frenaros on the highway, I wonder how you are getting on.

So sorry to learn that things are no further forward.

I am a strong believer in karma though.

Be strong and keep on trying for justice!


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PostPosted: Sat Nov 10, 2018 11:03 pm 
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Hi Conor
I watched your YouTube

Yours has been a dreadful struggle to get justice that most of us have thankfully not had to go through

I feel saddened that this fight and the injustice that you have suffered has taken so long with still has no resolve insight

The stress on you and your family must have been horrendous

Not sure I heard right on your YouTube but where you offered your money back from the original house deposit with no expenses, early on in this terrible debacle? And if so..do you wish now that you would have accepted that first offer and walked away to peace of mind? Rather than having had to endure 13 years of hell

Hope that this gets sorted for you soon
And sorry if I have got your story details wrong...there was such a lot to take in

I wish you and your family well

Xx


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PostPosted: Sun Nov 11, 2018 12:32 pm 
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Thank you Effsie, I hope you are keeping well.


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PostPosted: Sun Nov 11, 2018 12:45 pm 
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migmogs wrote:
Hi Conor
I watched your YouTube

Yours has been a dreadful struggle to get justice that most of us have thankfully not had to go through

I feel saddened that this fight and the injustice that you have suffered has taken so long with still has no resolve insight

The stress on you and your family must have been horrendous

Not sure I heard right on your YouTube but where you offered your money back from the original house deposit with no expenses, early on in this terrible debacle? And if so..do you wish now that you would have accepted that first offer and walked away to peace of mind? Rather than having had to endure 13 years of hell

Hope that this gets sorted for you soon
And sorry if I have got your story details wrong...there was such a lot to take in

I wish you and your family well

Xx


Thanks for watching the videos and for your question Migmogs,

The videos were very long and there are many facets to our story. Your question is to be answered in a video coming on the subject of hollow offers and how they are used. It’s an important subject and there are lessons to be learnt because it’s not just developers who use this tactic, but banks and the government do too. Did you pick up on this part in the second video when I talked about the Gavin Jones case?

“The Attorney General told the judge they wanted to settle out of court, a common trick; a lie used only to delay and cause further anguish and expense on the bereaved. Months later the Attorney General changed his mind and brought Gavin back to court.”

The AG did this to others too at the time. In all those cases, the hollow offers were to fool judges and my developer, Christoforos Karayiannas and Son Ltd, also did this.

In my third video, I will show how I went through two years of court hearings for my second assault for them to be found guilty. They put up a two-year fight in that criminal case and then another two years in the civil case. And they walked free and virtually nothing paid in damages!

How? Because in the end, they told the Supreme Court that they were always sorry and they were always willing to plead guilty. That was good enough for the Supreme Court’s ears, they did not even have the transcripts of the lower court showing the opposite was true. I was under cross-examination for 14 days for that assault, over 20 hours of abuse, many trips and months away from my family to secure that conviction. They fought for two years, and in the end, they said they were always willing to plead guilty.

Fooling people by saying “we were always sorry” or “always willing to give him his money back” is a lie and it’s their last refuge. But it’s the most dangerous lie of all for many cases and that is why I’m breaking it out into a separate video. That and because the first 2 videos were long and as you said: “there was such a lot to take in”.

In future, I'm going to break the issues down into 15-minute videos. In one, I will explain the above but also point you towards the meetings I had with Karayiannas at the time. I recorded those meetings and those recordings have been on my website for 11 years.

In 2008, after my second assault, Karayiannas were pushing a different fantasy to the press. A ‘sworn affidavit’ of the O’Dwyer Saga, Do you remember? Well in court, they disassociated themselves from that ‘sworn affidavit’. Marios Karayiannas’ signature was on it, it was stamped by a court, but they said as it was in English, he had no idea what he was signing. They had ditched that lie and were now going with the always sorry and willing to give him his money back. They had told the press the same which is where it was spread. What else could they do at that stage?

I have learnt that some people, judges included, need something to latch onto, to justify their core belief and agenda. Us British fall victim to this every day in Cypriot Courts. That's why we win our cases but loose outright.

Sorry my reply is long, it will be better addressed in a video. In summary, as I have always stated, at the time you suggest, there was no sincere offer to return our money, never! Just a trick, to get me to go away, and to delay, it was then withdrawn and told to my face in their office, (recorded) that they will do nothing and that this is now “your problem”.

I will show you on video, the only real offer ever made, it’s on paper no less. Made on the eve of the main court case. An offer for a fraction of what was owed and only on several conditions. These included dropping all litigation and that I remove my websites and publicly apologise to the Karayiannas family. All that for a fraction of what I was owed and accept a pittance for the assaults too. Not even enough to cover my legal fees.

We never had a way out of this situation, that is why in 2008, I went to the extreme lengths to try and end this for my family by camping outside of the High Commission in London. It was early that year that I truly realised how corrupt Cyprus is and what I was up against.

None of the above actually matters now, my case has moved on, but I’m doing that video anyway not only to expose Karayiannas and help others (not fall for the same) but to expose the bigotry of the courts. I’ve got new stuff to tell you so please keep following my videos and thanks again.

Conor x


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PostPosted: Sun Nov 11, 2018 2:44 pm 
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I hope that an end is in sight for you and your family
So that you can move forwards to a more normal life
And not a life taken up with all of this awful stress, trauma and fighting

It must play havoc with all of your relationships to have so much anger and anguish all around you

Take care


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PostPosted: Sun Nov 11, 2018 5:14 pm 
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I was not here in Cyprus when you bought your house so not familiar with the case.
I watched your U-tube video however.
I know from my neighbour's experience here in Zygi that disputes can arise over what
the builder calls extras and the buyer calls fixing faults.
We ourselves were lucky, our house was a resale and it sailed through and we obtained
our deeds in less than 12 months of purchase; we were clearly lucky.
You say that offers of settling "out of court" is a "trick". Why do you say that?
Surely a cash settlement without legal fees is good news? Or am I missing something?
Good luck anyway, I hope it is all resolved soon.
Amos.


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PostPosted: Sun Nov 11, 2018 5:28 pm 
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Hi Conor, we have corresponded in the past although I'm sure you won't remember, even I can't remember what name, password whatever I was using then.

I've tried several times to find what was happening on your case as it was the most blatant travesty of justice I have ever seen, whilst at the same time being the most horrendous example of disgraceful Cypriot bias and contempt for the rule of law I have ever had the misfortune to see. Cyprus should hang its head in shame over the disgraceful reputation it gathers over these fallacies.

I'm truly sorry you and your family are still going through this horrendous experience, I truly wish you well and if there is anything any of us can do to further your case then I'm happy to partake.

Very best wishes to you all, and my eternal hope that you will find justice

Jacqui


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PostPosted: Sun Nov 11, 2018 6:02 pm 
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George wrote:
Hi Conor, we have corresponded in the past although I'm sure you won't remember, even I can't remember what name, password whatever I was using then.

I've tried several times to find what was happening on your case as it was the most blatant travesty of justice I have ever seen, whilst at the same time being the most horrendous example of disgraceful Cypriot bias and contempt for the rule of law I have ever had the misfortune to see. Cyprus should hang its head in shame over the disgraceful reputation it gathers over these fallacies.

I'm truly sorry you and your family are still going through this horrendous experience, I truly wish you well and if there is anything any of us can do to further your case then I'm happy to partake.

Very best wishes to you all, and my eternal hope that you will find justice

Jacqui


Geoffreys perhaps??
Amos.


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PostPosted: Sun Nov 11, 2018 8:08 pm 
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Not in a million years :crylaughin


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PostPosted: Thu Nov 15, 2018 2:44 pm 
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exodus wrote:
You say that offers of settling "out of court" is a "trick". Why do you say that?
Surely a cash settlement without legal fees is good news? Or am I missing something?
Good luck anyway, I hope it is all resolved soon.
Amos.

Hi Amos, Thank you. In answer to your question, I can only point you again to the paragraph.
Conor wrote:
Sorry my reply is long, it will be better addressed in a video. In summary, as I have always stated, at the time you suggest, there was no sincere offer to return our money, never! Just a trick, to get me to go away, and to delay, it was then withdrawn and told to my face in their office, (recorded) that they will do nothing and that this is now “your problem”.


I can’t put it better than that summary. It may be a failing of mine and I’ll address it better in the video. When I make that video I will point you towards it.

Thank you Jacqui, Of course, I remember you, I do get confused with avatar’s and forum names though. People change them or have different ones elsewhere and it plays with my head. I will need a nudge if I make a faux pas and think I’m talking to someone else. Michaela often says, we were getting on great with a teddy bear once and thought we lost support. We did not know they had changed to a coffee cup.

I'll be doing my first (proper) live stream video tonight.

I'll be summarising my first week and I’ll be talking about ‘due diligence’. I announce this here because while demonstrating ways for new buyers to carry out proper due diligence, I use some 'players' of my past as examples.
I'd like to reassure Neil and all the moderators that I won't be naming these companies or individuals on this forum. There is enough information out there for others to make an informed decision. Because of that, it might be awkward for me to answer a question on here from a new member who does not know my story. I may have to refer that new member to seek the answer elsewhere. I don't want anyone thinking I'm dodging a question, what I'm doing is protecting this forum.

A lot of you know my story very well but there were things I could not say at the time. Somethings I had to hold back for court. I'll be telling those details and some of them may help you in your cases and situations. There were also other 'players' who came to court for my opposition who I believe are very dangerous. I will tell my full story but it will take time.

My first live stream will be at 9pm Nicosia time tonight. I've done two rehearsals and think I've ironed out technical issues but I am way out of my comfort zone talking and about something so serious. Whatever happens, some may find it entertaining. (no spoilers)

Conor


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PostPosted: Thu Jan 31, 2019 2:15 pm 
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Hi everyone,
A little update on my case. I have a hearing date of the 10th April for our appeal so I'll be returning to Cyprus for that. I am still fighting for the cross border legal aid granted to materialise and of course the lower court transcripts.

I just did a video on court transcripts and stenography and show how it affects our cases. I give details of how my property developer walked free from a charge of grievous bodily harm because no transcripts were produced at appeal. It is something you should all be aware of. Since uploading the video I’ve been contacted by others who cases were also affected by the lack of transcripts and learnt of a Cyprus Mail article from October where a judge is accused of tampering with the court transcripts. It is a shame it wasn't included in my video but here is a link.

https://cyprus-mail.com/2018/10/04/district-court-judge-under-investigation-after-tampering-allegations/

A lawyer saw my video and posted to her facebook timeline yesterday. It was in Greek but here is the autotranslation.

Quote:
The way of keeping records in Cypriot courts, in addition to being outdated (kept in writing by a stenographer, not even by steno-type machine, much less by recording devices, as in modern European countries), is dangerous for the parties. The minutes are not always transcribed, delays raise the cost, and ultimately the Cypriot state, with its practices, punishes the wronged and rewards the criminals, making the country unsafe for all of us. Conor O'Dwyer thinks that this happens only against foreigners. It always happens against foreigners but it also happens against the Cypriots who are dignified and honest.
We insist that the system of keeping records in courts must be modernized. It will not solve all the problems, but it's one of the many things that must happen in the country so we can start feeling the justice system delivers Justice.


"It always happens against foreigners..." - Elina Zoi, a lawyer in Limassol.

I'd love to hear all your thoughts on this. Here is my video on Youtube.

https://youtu.be/Zw-B9BGUdO0


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PostPosted: Thu Jan 31, 2019 2:37 pm 
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Conor wrote:
exodus wrote:
You say that offers of settling "out of court" is a "trick". Why do you say that?
Surely a cash settlement without legal fees is good news? Or am I missing something?
Good luck anyway, I hope it is all resolved soon.
Amos.

Hi Amos, Thank you. In answer to your question, I can only point you again to the paragraph.
Conor wrote:
Sorry my reply is long, it will be better addressed in a video. In summary, as I have always stated, at the time you suggest, there was no sincere offer to return our money, never! Just a trick, to get me to go away, and to delay, it was then withdrawn and told to my face in their office, (recorded) that they will do nothing and that this is now “your problem”.


I can’t put it better than that summary. It may be a failing of mine and I’ll address it better in the video. When I make that video I will point you towards it.

Thank you Jacqui, Of course, I remember you, I do get confused with avatar’s and forum names though. People change them or have different ones elsewhere and it plays with my head. I will need a nudge if I make a faux pas and think I’m talking to someone else. Michaela often says, we were getting on great with a teddy bear once and thought we lost support. We did not know they had changed to a coffee cup.

I'll be doing my first (proper) live stream video tonight.

I'll be summarising my first week and I’ll be talking about ‘due diligence’. I announce this here because while demonstrating ways for new buyers to carry out proper due diligence, I use some 'players' of my past as examples.
I'd like to reassure Neil and all the moderators that I won't be naming these companies or individuals on this forum. There is enough information out there for others to make an informed decision. Because of that, it might be awkward for me to answer a question on here from a new member who does not know my story. I may have to refer that new member to seek the answer elsewhere. I don't want anyone thinking I'm dodging a question, what I'm doing is protecting this forum.

A lot of you know my story very well but there were things I could not say at the time. Somethings I had to hold back for court. I'll be telling those details and some of them may help you in your cases and situations. There were also other 'players' who came to court for my opposition who I believe are very dangerous. I will tell my full story but it will take time.

My first live stream will be at 9pm Nicosia time tonight. I've done two rehearsals and think I've ironed out technical issues but I am way out of my comfort zone talking and about something so serious. Whatever happens, some may find it entertaining. (no spoilers)

Conor


How did you know the out of court settlement was a "trick"?
Amos.


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PostPosted: Thu Jan 31, 2019 6:31 pm 
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Quote:
How did you know the out of court settlement was a "trick"?
Amos.


Amos, maybe you are focussed too much on the word "trick".

They said in 2006, go home talk to your wife, if you are not happy, we will give you your money back. (I'm paraphrasing, I have it recorded, it is on my website but have not listened in years). Then when I was home, they said on the phone they would do nothing. They wouldn't give me my money back. I returned to Cyprus and again they said no. It was all recorded. It is all published.


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PostPosted: Thu Jan 31, 2019 9:21 pm 
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Amos, these people physically attacked Conor in the street and then denied in court that they had done it. The Court went with their testaments. What does this tell you about Cyprus? Nothing good I'm afraid, unfortunately.


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PostPosted: Fri Feb 01, 2019 12:18 am 
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My heart goes out to you Conner ...you have had an horrendous time ...but the majority of people here in Cyprus ...who buy a home ...have not had your experience ...and they are okay and extremely happy

Sadly you are in the minority ...who have experienced Cyprus law at its worst ....I have no doubts that you have been assaulted and that you have been ripped off...and I am so sorry that this has happened to you ...I am also sorry that this has ripped your family life apart over the last many years ...trying to get justice

But please...there is good and bad in all peoples
And the Cypriot people who we have come to know and love are a kind, loving , giving, generous people.

They are not all like the people who you describe

Hope that you manage get your case resolved ASAP


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PostPosted: Tue Apr 02, 2019 7:02 pm 
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Hi everyone,

In my fourth video, I discuss your place in Cypriot society and how that affects your treatment within the justice system.

First, I summarise the recent scandals of the Supreme Court that led to serious allegations of judicial bias and corruption. I go on to give examples of how the everyday, honest, hard working Cypriots are themselves struggling in the courts and show how bad it is for foreigners.

I continue my search to find one Brit who has ever won a civil case and been awarded real damages. If anyone knows of a case where a British person has received actual damages including his legal fees back, please get in touch. #ShowMeOne

https://youtu.be/-QvA44o-oxE

Hope you find this interesting.
Cheers
Conor


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PostPosted: Tue Apr 02, 2019 8:40 pm 
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After hearing so many problem stories regarding Title Dees, Shoddy work, Solicitors not doing their work properly, etc. When we did try a move in 2008 it was our intention to long term rent and put our UK home out to rent until we'd looked into things properly. The pound falling against the Euro didn't help but at least we took our friends advice regarding rent before buy.


Last edited by Bassman63 on Sat Apr 13, 2019 7:51 pm, edited 1 time in total.

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PostPosted: Sun Apr 07, 2019 2:04 pm 
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Bassman63 wrote:
After hearing so many problem stories regarding Title Dees, Shoddy work, Solicitors not doing their work properly, etc. When did try a move in 2008 it was our intention to long term rent and put our UK home out to rent until we'd looked into things properly. The pound falling against the Euro didn't help but at least we took our friends advice regarding rent before buy.


Good move Bassman, I reckon you dodged a bullet.


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PostPosted: Sun Apr 07, 2019 3:18 pm 
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Bassman63 wrote:
After hearing so many problem stories regarding Title Dees, Shoddy work, Solicitors not doing their work properly, etc. When did try a move in 2008 it was our intention to long term rent and put our UK home out to rent until we'd looked into things properly. The pound falling against the Euro didn't help but at least we took our friends advice regarding rent before buy.


Thinking about it I have come to the conclusion it is a great pity more of us, whatever
our Nationality, didn't do the same.
If we all had then maybe the greedy developers, lawyers, and civil servants, not to
mention Politicians, would have sorted out the property mess by now.
Amos.


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PostPosted: Thu Apr 11, 2019 1:11 am 
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Conor wrote:
Bassman63 wrote:
After hearing so many problem stories regarding Title Dees, Shoddy work, Solicitors not doing their work properly, etc. When did try a move in 2008 it was our intention to long term rent and put our UK home out to rent until we'd looked into things properly. The pound falling against the Euro didn't help but at least we took our friends advice regarding rent before buy.


Good move Bassman, I reckon you dodged a bullet.


Many thanks Conor.


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PostPosted: Thu Apr 11, 2019 1:16 am 
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exodus wrote:
Bassman63 wrote:
After hearing so many problem stories regarding Title Dees, Shoddy work, Solicitors not doing their work properly, etc. When did try a move in 2008 it was our intention to long term rent and put our UK home out to rent until we'd looked into things properly. The pound falling against the Euro didn't help but at least we took our friends advice regarding rent before buy.


Thinking about it I have come to the conclusion it is a great pity more of us, whatever
our Nationality, didn't do the same.
If we all had then maybe the greedy developers, lawyers, and civil servants, not to
mention Politicians, would have sorted out the property mess by now.
Amos.

We used to get 'Buysell' on the internet. I made a list of 20 possible properties before we came over on a visit and called into their office near Coral Bay. I handed over the list stating that I was only interested in properties with title deeds, eighteen properties disappeared from the list.


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PostPosted: Thu Apr 11, 2019 1:50 am 
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Thinking about it,would you buy a car off someone if they could not produce a registration document ( log book )And bear in mind how much more does a house cost than a car.


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PostPosted: Thu Apr 11, 2019 8:24 pm 
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vine wrote:
Thinking about it,would you buy a car off someone if they could not produce a registration document ( log book )And bear in mind how much more does a house cost than a car.


Exactly. I won't into go it to deeply but when we made our final plans we'd worked out how much rent we'd be prepared to pay which was £400GBP,pcm. When we arrived and due to the falling value of the pound it had risen to £470, had we stayed another 3 months it would have been £600 pcm when the pound and the euro reached parity.
We will be over on holiday in around 4 weeks, we love Cyprus from being there in the forces in the 60s, we come over a couple of times each year, we always make it down to Neil's where we always receive a nice welcome, it would be nice to meet up with members when we're over.


Last edited by Bassman63 on Sat Apr 13, 2019 7:50 pm, edited 1 time in total.

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PostPosted: Sat Apr 13, 2019 7:34 pm 
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Conor wrote:
Hi everyone,

In my fourth video, I discuss your place in Cypriot society and how that affects your treatment within the justice system.

First, I summarise the recent scandals of the Supreme Court that led to serious allegations of judicial bias and corruption. I go on to give examples of how the everyday, honest, hard working Cypriots are themselves struggling in the courts and show how bad it is for foreigners.

I continue my search to find one Brit who has ever won a civil case and been awarded real damages. If anyone knows of a case where a British person has received actual damages including his legal fees back, please get in touch. #ShowMeOne

https://youtu.be/-QvA44o-oxE

Hope you find this interesting.
Cheers
Conor


I know your cases through the published court judgments in CyLaw.

I am sorry to hear about your bad experience in purchasing a property in Cyprus.

The allegations of judicial bias and corruption were false (probably serving a different purpose), and they have nothing to do with your cases. There are no indications of "corruption" in the judiciary in Cyprus; this is also confirmed through the reports of GRECO, which mentioned many other problems but no corruption.

Indeed, there are cases where British citizens have been awarded compensations or had cases decided in favor of them. A very brief example could be the legal negligence case "Beumont and other" (also concerning conveyancing issues). Another more recent example (29.03), a CHF loan case decided against Alpha Bank; namely, the District Court accepted the defense of the British defendants and it dismissed the Bank's case. There are many other examples!

There is always the way to find "your justice" depending on the steps you are selecting...

C.

_________________
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PostPosted: Sun Jul 21, 2019 6:19 pm 
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Hi Christia,
There are a few lawyers watching my videos but you are the first to take up the #ShowMeOne challenge, thank you. For those who haven’t seen the full video, the direct link to the challenge is here (at 20min 30sec). https://youtu.be/-QvA44o-oxE?t=1230

Christie wrote:
I know your cases through the published court judgments in CyLaw.
Well, I’m afraid you won’t get the true story there! I’m doing a series of videos showing how bad it is for foreigners and how easy it is for us to lose. Video three covered court transcripts (or lack of) and showed how our testimony, when weighed against a local’s, is often deemed inconsistent, not credible and totally discarded from the judgement. https://youtu.be/Zw-B9BGUdO0

Christie wrote:
I am sorry to hear about your bad experience in purchasing a property in Cyprus.
Thank you; It has wrecked our lives and sadly there are thousands like us.

Christie wrote:
The allegations of judicial bias and corruption were false (probably serving a different purpose), and they have nothing to do with your cases. There are no indications of "corruption" in the judiciary in Cyprus; this is also confirmed through the reports of GRECO, which mentioned many other problems but no corruption.
The presiding Judges had connections (family/financial) with the banks or the law firms representing them. I can’t believe you are OK with this. The judges should have recused themselves which is why new rules have been introduced. My video had a broader message but there is a connection to us. In 2012 one of those judges, Tefkros Economou, also refused to pass on our case when we requested his recusal (full video to come).

The levels of corruption in Cyprus are now “unfathomable” according to your former justice minister and the former Attorney-General Markides says that judicial corruption ”cannot be ruled out” and is “presumed to exist”. GRECO is an outside agency, an EU watchdog offering recommendations and not an investigative organisation. Local investigations into judicial corruption are swiftly quashed like this example from October, again concerning court transcripts. https://cyprus-mail.com/2018/10/04/district-court-judge-under-investigation-after-tampering-allegations/

Christie wrote:
Indeed, there are cases where British citizens have been awarded compensations or had cases decided in favor of them. A very brief example could be the legal negligence case "Beumont and other" (also concerning conveyancing issues). Another more recent example (29.03), a CHF loan case decided against Alpha Bank; namely, the District Court accepted the defense of the British defendants and it dismissed the Bank's case. There are many other examples!
What you wrote here is not reassuring. Are you putting these two cases forward as your champions to show that the British get justice in the civil courts? If so, you have failed. Both these decisions were celebrated in the press but the articles were printed either too soon or based solely on the scant court judgements. I’ve now spoken to the parties involved.

CASE 1: Your example “a CHF loan case decided against Alpha Bank” was reported here. https://www.news.cyprus-property-buyers.com/2019/05/10/alpha-bank-loses-swiss-franc-loan-court-action/
The Alpha Bank accused the Johnsons of failing to comply with their obligations. The Johnsons were forced to defend themselves in this case and ‘won’.
This is the judgement:-
http://www.cylaw.org/cgi-bin/open.pl?file=apofaseised%2Fpol%2F2019%2F3120190042.htm
which ends:-

19. For all the reasons explained above, the claim is rejected. Taking account of the outcome, the costs are awarded to defendant No. 1 and against the applicant as these will be calculated by the Registrar and will be approved by the Court.

That paragraph looks great doesn’t it, I’ve had a few like that myself, but it is nothing to celebrate. It means the Bank will pay the court fees, a nominal amount but the defendants will see nothing. The Johnsons are furious, they will not get back their 7 years of legal costs totalling £17,000 or their expenses travelling to Cyprus for court, nor the loss of wages during that time, totalling a further £20,000.
Missing from the judgement is that although they kept up monthly payments, they never got the house as the developer went bust, so in total, they are currently down over €200,000 and this is celebrated as a win. This published judgement (like mine) is so far from reality that the Johnsons would like me to cover it in a video, it’s a classic case of ‘we win our cases but lose outright’.

CASE 2: You also cite the case of Muriel Beaumont and Clifford Sims who sued their lawyer for negligently handling a property contract which led to them losing a significant amount of money and never getting the property. An unprecedented case and a gallant battle by the couple. https://www.news.cyprus-property-buyers.com/2010/05/01/eleven-year-pursuit-of-justice-takes-heavy-toll/
Sadly, Clifford has passed on now, but I have recently spoken with Muriel. Like most Brits, they were deemed “not credible” at the lower court, the judge ruling that even if they had known the land was mortgaged to the hilt, they probably would have bought it anyway. Disgusting stuff that’s all too familiar. http://www.cylaw.org/cgi-bin/open.pl?file=apofaseised/pol/2007/4120070532.htm
Fortunately, this was overturned on appeal and the lawyer eventually forced to pay damages for the ‘original sin’ but fighting a lawyer in Cyprus for 11 years would not have come cheap. Finances aside the stress of this case ultimately cost them their marriage and Clifford’s health but again this is celebrated as a win. Unbelievable.
Muriel can’t remember getting any legal fees back, even though the judgement had a similar “costs awarded” paragraph which we all receive. She kindly offered to go up the attic and dig up her original paperwork, but I said no need. This ruling is nearly a decade old, there is no need for an 83-year-old to go up the attic to confirm what we know.

No Brit has ever won a civil case and been awarded real damages, expenses including their legal fees back. No Cypriot opponent has ever been truly punished. We are taking a hammering in court, merely returning our money after a decade long fight is not justice and is certainly not a deterrent.

What is deeply troubling is that you are Christia Middleton and have been a lawyer for 13 years, why have you not shown me one of your cases? You are based in Paphos where the majority of the 70,000 British expats reside. You have extensive experience in contract, healthcare, tort and civil law and have made partner at Elias Neocleous & Co LLC, the largest law firm in Cyprus with over 70 lawyers. Why not brag about your firm’s success in winning legal costs for a Brit and obtaining real damages, be it general, special, punitive, aggravated… anything! I’ve been asking to simply Show Me One; do YOU have one?


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PostPosted: Sun Jul 21, 2019 9:22 pm 
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Conor, I'm staggered on so many fronts, not the least of which is the amazing amount of work you are putting into this abomination. The instances re the lawyer who posted here are just incredible!
Why does Cyprus not see the damage this is doing them in the public domain? Utterly disgraceful, and even people like you ploughing every £ and minute of your lives are still unable to get justice.
I've always said if I had my time over again I would never have bought property here, indeed, had I realised the depth of the corruption here I doubt I would have even moved here.

Conor, I continue to wish you and yours the very best and continue to pray for a satisfactory outcome for you all.

Regards
Jacs


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PostPosted: Mon Jul 22, 2019 6:53 pm 
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Personally I wasn't here during Connors purchase and issues and also have no idea of Christies status or role within it, however due diligence should always be carried out by buyers and sellers of property anywhere in the world not only Cyprus. Its not a difficult process but necessary one.

Regarding the courts, we are in a foreign country and like it or not we are subject to the bias that the system may have. Many Cypriots were also caught in the traps and get little recourse from the courts. It will probably not change in my lifetime.

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PostPosted: Thu Jul 25, 2019 11:32 pm 
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Conor wrote:
Hi Christia,
There are a few lawyers watching my videos but you are the first to take up the #ShowMeOne challenge, thank you. For those who haven’t seen the full video, the direct link to the challenge is here (at 20min 30sec). https://youtu.be/-QvA44o-oxE?t=1230

Christie wrote:
I know your cases through the published court judgments in CyLaw.
Well, I’m afraid you won’t get the true story there! I’m doing a series of videos showing how bad it is for foreigners and how easy it is for us to lose. Video three covered court transcripts (or lack of) and showed how our testimony, when weighed against a local’s, is often deemed inconsistent, not credible and totally discarded from the judgement. https://youtu.be/Zw-B9BGUdO0

Christie wrote:
I am sorry to hear about your bad experience in purchasing a property in Cyprus.
Thank you; It has wrecked our lives and sadly there are thousands like us.

Christie wrote:
The allegations of judicial bias and corruption were false (probably serving a different purpose), and they have nothing to do with your cases. There are no indications of "corruption" in the judiciary in Cyprus; this is also confirmed through the reports of GRECO, which mentioned many other problems but no corruption.
The presiding Judges had connections (family/financial) with the banks or the law firms representing them. I can’t believe you are OK with this. The judges should have recused themselves which is why new rules have been introduced. My video had a broader message but there is a connection to us. In 2012 one of those judges, Tefkros Economou, also refused to pass on our case when we requested his recusal (full video to come).

The levels of corruption in Cyprus are now “unfathomable” according to your former justice minister and the former Attorney-General Markides says that judicial corruption ”cannot be ruled out” and is “presumed to exist”. GRECO is an outside agency, an EU watchdog offering recommendations and not an investigative organisation. Local investigations into judicial corruption are swiftly quashed like this example from October, again concerning court transcripts. https://cyprus-mail.com/2018/10/04/district-court-judge-under-investigation-after-tampering-allegations/

Christie wrote:
Indeed, there are cases where British citizens have been awarded compensations or had cases decided in favor of them. A very brief example could be the legal negligence case "Beumont and other" (also concerning conveyancing issues). Another more recent example (29.03), a CHF loan case decided against Alpha Bank; namely, the District Court accepted the defense of the British defendants and it dismissed the Bank's case. There are many other examples!
What you wrote here is not reassuring. Are you putting these two cases forward as your champions to show that the British get justice in the civil courts? If so, you have failed. Both these decisions were celebrated in the press but the articles were printed either too soon or based solely on the scant court judgements. I’ve now spoken to the parties involved.

CASE 1: Your example “a CHF loan case decided against Alpha Bank” was reported here. https://www.news.cyprus-property-buyers.com/2019/05/10/alpha-bank-loses-swiss-franc-loan-court-action/
The Alpha Bank accused the Johnsons of failing to comply with their obligations. The Johnsons were forced to defend themselves in this case and ‘won’.
This is the judgement:-
http://www.cylaw.org/cgi-bin/open.pl?file=apofaseised%2Fpol%2F2019%2F3120190042.htm
which ends:-

19. For all the reasons explained above, the claim is rejected. Taking account of the outcome, the costs are awarded to defendant No. 1 and against the applicant as these will be calculated by the Registrar and will be approved by the Court.

That paragraph looks great doesn’t it, I’ve had a few like that myself, but it is nothing to celebrate. It means the Bank will pay the court fees, a nominal amount but the defendants will see nothing. The Johnsons are furious, they will not get back their 7 years of legal costs totalling £17,000 or their expenses travelling to Cyprus for court, nor the loss of wages during that time, totalling a further £20,000.
Missing from the judgement is that although they kept up monthly payments, they never got the house as the developer went bust, so in total, they are currently down over €200,000 and this is celebrated as a win. This published judgement (like mine) is so far from reality that the Johnsons would like me to cover it in a video, it’s a classic case of ‘we win our cases but lose outright’.

CASE 2: You also cite the case of Muriel Beaumont and Clifford Sims who sued their lawyer for negligently handling a property contract which led to them losing a significant amount of money and never getting the property. An unprecedented case and a gallant battle by the couple. https://www.news.cyprus-property-buyers.com/2010/05/01/eleven-year-pursuit-of-justice-takes-heavy-toll/
Sadly, Clifford has passed on now, but I have recently spoken with Muriel. Like most Brits, they were deemed “not credible” at the lower court, the judge ruling that even if they had known the land was mortgaged to the hilt, they probably would have bought it anyway. Disgusting stuff that’s all too familiar. http://www.cylaw.org/cgi-bin/open.pl?file=apofaseised/pol/2007/4120070532.htm
Fortunately, this was overturned on appeal and the lawyer eventually forced to pay damages for the ‘original sin’ but fighting a lawyer in Cyprus for 11 years would not have come cheap. Finances aside the stress of this case ultimately cost them their marriage and Clifford’s health but again this is celebrated as a win. Unbelievable.
Muriel can’t remember getting any legal fees back, even though the judgement had a similar “costs awarded” paragraph which we all receive. She kindly offered to go up the attic and dig up her original paperwork, but I said no need. This ruling is nearly a decade old, there is no need for an 83-year-old to go up the attic to confirm what we know.

No Brit has ever won a civil case and been awarded real damages, expenses including their legal fees back. No Cypriot opponent has ever been truly punished. We are taking a hammering in court, merely returning our money after a decade long fight is not justice and is certainly not a deterrent.

What is deeply troubling is that you are Christia Middleton and have been a lawyer for 13 years, why have you not shown me one of your cases? You are based in Paphos where the majority of the 70,000 British expats reside. You have extensive experience in contract, healthcare, tort and civil law and have made partner at Elias Neocleous & Co LLC, the largest law firm in Cyprus with over 70 lawyers. Why not brag about your firm’s success in winning legal costs for a Brit and obtaining real damages, be it general, special, punitive, aggravated… anything! I’ve been asking to simply Show Me One; do YOU have one?


Again, I am sorry to see how you feel about justice in Cyprus. I do not have any reason to know your whole story that, as you said, wrecked your life. I am a good listener.

Of course, I respect your opinion, as it has been formed through your experiences and knowledge. I have a different scope of viewing justice, and different experiences; so permit me to have also a different opinion. The purpose of discussing and exchanging thoughts is not to persuade each other about the rightness or wrongfulness of our perceptions towards justice; they have their causes. If I was in your position, I might feel the same as you, and if you were in my position, you might have the same thoughts as me.

I also know that if you feel frustrated or disappointed and you are maintaining the particular perceptions towards justice, any court judgment or evidence shown to you (the two judgments I referred are not my “champions” – what am I?) will be interpreted in the way which will express those feelings and perceptions. In this cognitive prism, you are saying that GRECO is not an investigative organisation, but you are not basing your arguments in the reports of such an investigative organisation. Don’t take it personally. The same with me: I would reasonably explain and justify why the judgments you know were not in favour of 'Britons'; if I could not explain or justify so, I would just say that they are wrong judgments or that I disagree with them; it happens.

To conclude with this, I do not see any evidence to accept that the justice system in Cyprus is ‘corrupted’. You are asking me to ‘prove’ that it is not, but I believe that we cannot prove positively the inexistence of something. In the same instance, I cannot ask from you to prove that you are not ‘corrupted’ (if you are not). We cannot presume the corruption in the same way we are presuming the innocence. You know, if the purpose is to find connections between the judges and the banks, this is very easy. Most of the people in Cyprus, including judges, have (even healthy) bank accounts; judges do not their own ‘judicial banks’! What does it mean to you? The judges are also deciding the cases which involve the State of which they are part/citizens; what does it mean to you again? Judicial independence has certain content and principles, which are well-explained by the European Court of Human Rights, and they are applied. If anyone disagrees with their application, he can ask any possibly existent right. Again, I emphasize that I can feel you.

Indeed, the litigation in Cyprus is very time-consuming and costly; I hope that this will change in the future. This is the reason for which we are trying to resolve the disputes or any problems deriving from the disputes in other ways. The role of the civil courts, as I know, is not to ‘punish’. So, if anyone litigates with a need for retribution and to cause some suffering to the person that may be liable for a wrecked life, I do not see how a civil court would help through the monetary compensation system (which is anyway activated when there is a relative claim, proof of breach of duty, damages, and causation).

Thank you for visiting my public profile. I have also a personal blog, where I am writing publicly for many issues concerning law, health law, legal psychology, e.tc. It is not a secret that I am a litigation lawyer. It is also known that I currently offer my services through a company. You might be also interested in knowing that I am a supporter of therapeutic jurisprudence (TJ). So, I am currently writing to you from Rome (Italy), after the XXXVI International Congress on Law and Mental Health, where I participated with a presentation in a TJ session. As a lawyer, I act for/defend Banks, Municipalities, Britons, Germans, Greeks, and other person or entities that prefer my services, provided that they have sound cases that I can handle. ‘Britons’ are not a special category of litigants for anyone. Of course, you may feel so (e.g., you have experienced all those that a wave of Britons have also experienced by investing in Cyprus' real estate through the services of some ‘professionals’, possibly without sufficient information or support). I do not have ‘successes’ or ‘failures’! I have the problems of others to resolve, and I am satisfied when they are resolved.

Goodnight.

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PostPosted: Tue Aug 27, 2019 10:32 am 
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George wrote:
Conor, I'm staggered on so many fronts, not the least of which is the amazing amount of work you are putting into this abomination. The instances re the lawyer who posted here are just incredible!
Why does Cyprus not see the damage this is doing them in the public domain? Utterly disgraceful, and even people like you ploughing every £ and minute of your lives are still unable to get justice.
I've always said if I had my time over again I would never have bought property here, indeed, had I realised the depth of the corruption here I doubt I would have even moved here.

Conor, I continue to wish you and yours the very best and continue to pray for a satisfactory outcome for you all.

Regards
Jacs


Thank you for your continued support Jacs!
George wrote:
Why does Cyprus not see the damage this is doing them in the public domain? Utterly disgraceful...

Sadly, not a lot of Cypriots know about our plight or the terrible time other expats are having. My last protest in May outside ‘A Place in the Sun’ exhibition in London was front page of the Cyprus Mail and covered in the Russian expat media too. However, despite our best efforts, it wasn’t covered by any Greek language press and I hope to change that going forward.

When next in Cyprus we intend to protest outside the court buildings, different days, different courts and meet and protest with others, many suffering at the hands of corruption and an ineffective legal system. Many are exasperated, have had enough and feel the government can no longer continue to stand by and watch as foreigners are treated so badly. Just because we bought or work in Cyprus it does not mean we must coexist with thugs, bigotry and corruption.

Our #ShowMeOne challenge was (more or less) rhetorical, we knew it. No foreigner has ever won a civil case and been awarded real damages, expenses including their legal fees back. Cyprus has gone too far. The only question left unanswered is, where does the racism and xenophobia end and where does the outright bribery begin?


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PostPosted: Tue Aug 27, 2019 10:43 am 
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Christie wrote:
Again, I am sorry to see how you feel about justice in Cyprus. I do not have any reason to know your whole story that, as you said, wrecked your life. I am a good listener.

Thank you for your response Christia,
I’m now unsure as to how much of our story you know. Our cases were both criminal and civil and a summary can be viewed by watching the first 16 mins and last 5 mins of this video.
https://youtu.be/iYicUgV8WaQ
Alternatively, I’ve just published our story here.
http://www.beyondcontempt.com/documents/correspondence/our-story-so-far/
That is a letter I wrote to the Cyprus High Commissioner in London ahead of my meeting with him in March.

Despite our letters, our protests, the press and my online campaign, we have had no action from any government authority or industry body in thirteen years and we fervently believe that our nationality has affected the way in which our cases have been dealt with and pursued. If early action had been taken against our property developer, then much of what happened could have been avoided.

In both your posts you have hinted towards out of court settlements as an alternative dispute resolution. Unfortunately though, without a single win for a Brit in court, there is little incentive for a Cypriot company to pay out in full. I know plenty of people who have settled out of court. The years took their toll and they were brought to their knees. They took what little they could get to end their nightmare and all signed confidentiality agreements and cursed the island never to return.

I want things to change but without an accurate diagnosis of a problem, we will never find a solution. I don’t want to go back and forth indefinitely, but in response to my #ShowMeOne challenge looking for a true victory, you wrote: “There are many other examples!” I truly wish there were as it would give us some hope, but I guess, if you did have examples you would have shared them by now.

I read your legal blog before it was archived, it was impressive and I wish I knew about it earlier. I also looked up Therapeutic Jurisprudence ‘to study the extent to which a legal rule or practice affects the psychological well-being of the people it affects’. If you do read my story, linked above, you will find examples of how we have been treated. Here are two paragraphs from my letter to the Cyprus High Commissioner.

19. In the criminal case for the second assault (case 4155/2008) Christoforos and Marios Karayiannas and their employee were found guilty but given a suspended sentence. A suspended sentence after a two-year court battle. My cross-examination alone took fourteen court days, not consecutive days but spread over months. I endured over twenty hours of cross-examination for an attack that took less than ten minutes.

20. I was forced by the court to fly back and forth and spend months away from my family, all at my expense. I was abused on the stand and through exhaustion, I broke down many times. I begged the judge not to do this as I was the victim of the crime. What I went through in court over those two years was worse than the assault itself and it cost me tens of thousands of pounds. During one abusive session, Karayiannas’ lawyer Efthimios Flourentzou shouted “You deserved what you got” as I showed pictures of my injuries. Apparently, I deserved what I got because I told my story on the internet. In court, the judge sought no apology for the comment. I complained about this abuse at the highest levels, which resulted in a meeting at the Presidential Palace with Mr Christos Christofides, Director of the President’s Office. Nothing was done to help although soon after Mr Efthimios Flourentzou was made Minister of Communications.


What happens to foreigners in court is horrific and we would never treat a Cypriot like that here in the UK. I speak without exaggeration when I say these cases have wrecked our lives and sadly we are not alone, some other victims have committed suicide.

https://www.news.cyprus-property-buyers.com/2017/01/19/suicide-victim-widow-justice/

That man was hounded to an early grave by the Alpha Bank because he signed the same contract as the Johnsons (see my earlier post). Those contracts were deemed abusive by the Cyprus Consumer Service but the abuse did not stop at signing.

I believe the abuse we get throughout the entire justice system is designed to have a chilling effect on the populous. Most people give up as they know it is hopeless, there is no effective legal system in Cyprus, not for foreigners anyway. If the UK treated a community in the same way Cyprus treats ‘aliens’ we would have MP’s raising questions in Parliament. In Cyprus there is nothing!


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PostPosted: Wed Jan 15, 2020 10:55 pm 
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I’m off to Cyprus for an appeal hearing and to protest.
This video explains why.
Hope you are all well.

https://youtu.be/5yCxhZH28ek


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PostPosted: Wed Jan 15, 2020 10:58 pm 
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Good luck!


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PostPosted: Thu Jan 16, 2020 12:13 am 
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Good luck, Conor,

I've followed your case with interest, horrified and disgusted by the treatment you've received , but with great admiration for your courage and tenacity.

Give 'em hell!

Ann.

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PostPosted: Sat Jan 18, 2020 8:45 pm 
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Personally I,ve had no problems here over the last twenty years or so buying and selling properties but I,m well aware that other people have not been as fortunate.
It is beyond me why who ever is causing these difficulties can not see the harm they are doing to Cyprus itself especially the property market and themselves as well.
Cannot see the wood for the trees comes to mind :roll:


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PostPosted: Tue Jan 21, 2020 12:39 pm 
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Good luck with your hearing on friday

Good luck on friday Conor
from us at paphos people .
It seems like forever when i came to see you
protesting outside the presidential palace in nicosia
https://cyprus-mail.com/2020/01/21/after-15-years-british-man-hopes-property-fight-is-finally-over/?fbclid=IwAR0zd-QOsz-9SOhI5OWXCio_YNlsu5AcXGvuSrgDPTxPx3v7X-tJyvDbn_A

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PostPosted: Wed Jan 22, 2020 1:10 am 
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Connor, thoughts and prayers are with you. Truly, truly hope you can achieve some settlement, but more importantly, some justice at last. Stay strong, hold your faith, live your ideals. Can't be there, but truly with you in spirit.

May luck and prayers be with you xx Jacs


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PostPosted: Wed Jan 22, 2020 8:08 am 
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Good luck for Friday Connor


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PostPosted: Tue Feb 04, 2020 7:25 pm 
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vine wrote:
Personally I,ve had no problems here over the last twenty years or so buying and selling properties but I,m well aware that other people have not been as fortunate.
It is beyond me why who ever is causing these difficulties can not see the harm they are doing to Cyprus itself especially the property market and themselves as well.
Cannot see the wood for the trees comes to mind :roll:


Don't know if we missed them but when we were over in September 2019 there didn't seem to be many new builds going up compared to previous years.


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PostPosted: Tue Feb 04, 2020 7:26 pm 
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Conor wrote:
I’m off to Cyprus for an appeal hearing and to protest.
This video explains why.
Hope you are all well.

https://youtu.be/5yCxhZH28ek


Did things go well for you Conor?


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PostPosted: Tue Feb 11, 2020 12:15 am 
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We had thought of downsizing in the UK as there are some private developments of very nice flats where my late mother lived. This was to be followed by considering buying an apartment in Paphos. One thing that we were told is that it can be very difficult to find an apartment with title deeds as these will not be released until 100% of the units are sold, does anyone know if this is true.


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PostPosted: Wed Feb 12, 2020 6:05 pm 
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Bassman63 wrote:
We had thought of downsizing in the UK as there are some private developments of very nice flats where my late mother lived. This was to be followed by considering buying an apartment in Paphos. One thing that we were told is that it can be very difficult to find an apartment with title deeds as these will not be released until 100% of the units are sold, does anyone know if this is true.



We got our title deeds after 6 years and the developer still had not sold 2 of the apartments at that time.


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PostPosted: Wed Feb 12, 2020 8:29 pm 
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Bassman, you best not listen to pub experts on a full time basis. I seem to remember that some of your experiences here were some years ago.

However this thread is about Connors tribulations for which we wish him well.

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PostPosted: Wed Feb 12, 2020 11:08 pm 
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tanny wrote:
Bassman, you best not listen to pub experts on a full time basis. I seem to remember that some of your experiences here were some years ago.

However this thread is about Connors tribulations for which we wish him well.


Yes sir, no sir, 3 bags full sir. :there


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PostPosted: Thu Feb 13, 2020 11:56 pm 
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Rock Star

Joined: Fri Sep 11, 2015 7:19 pm
Posts: 1047
Location: Derbyshire Peak District
beverley wrote:
Bassman63 wrote:
We had thought of downsizing in the UK as there are some private developments of very nice flats where my late mother lived. This was to be followed by considering buying an apartment in Paphos. One thing that we were told is that it can be very difficult to find an apartment with title deeds as these will not be released until 100% of the units are sold, does anyone know if this is true.



We got our title deeds after 6 years and the developer still had not sold 2 of the apartments at that time.


Thank you Beverly will bear that in mind.


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PostPosted: Fri Feb 21, 2020 6:40 pm 
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Idol

Joined: Wed Jan 10, 2018 11:16 pm
Posts: 552
The Supreme Court on Friday rejected the appeal against a defamation by Conor O’Dwyer, a British man who has been involved in a lengthy court battle over a property he bought in the Famagusta district in 2005.

O’Dwyer was also ordered to pay a €3,000 in legal fees. He had appealed the case filed by developer Christoforos Karayiannas and Son Ltd accusing him of breach of contract and of defamation.

https://cyprus-mail.com/2020/02/21/brit ... pyGCsw5KuU


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PostPosted: Tue Feb 25, 2020 8:05 am 
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Joined: Sat Dec 16, 2017 9:12 am
Posts: 27
Location: Paphos
Being a victim of developers/real estate agents is bad (but it often happens), but being a victim of the justice system (including lawyers) is awful (and it does not happen so often). There are so many faults from the beginning, and then faults over other faults. I hope good luck with ECHR.

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