In response to my enquiry as to what was the background to her post Carol sent me this information/diary and I am posting it here on her behalf.
Joan
Carol’s StoryA little bit of background. I had an apartment when I first came here, a new build, I had no problems except no garden for my dog, so I bought a house and sold my apartment.
I bought an old Turkish house, very run down and small but with a nice garden all
The way round as they are, and decided to have it gutted and re-furbished with an extension to make the inside bigger. It has a flat roof as a sun terrace. I had patio built to side and back, new everything; new walls all round top and bottom with balustrades, the white ones etc.
The Builder was recommended to me by the Dipoli Ticaret (local DIY store),near my old apartment. I had begun to be dissatisfied with his work towards the end of the building work. The finish etc, not enough gravel, not the correct lining before the gravel, not the right paint, not the right bath, I could go on and on.
The real problems came to light when I moved in - no light switches for the lounge and kitchen, no sockets for fridge freezer or washer, the walls had started to crack, the decorating was bad etc, but that all paled into insignificance when it started to rain - it came in from front to back!!!!!!!
I have a really wet house now, all the ceilings are dropping bits off them and bubble all over, the walls are all wet, everything is damp, all my clothes in the wardrobes, the rails in them have gone rusty and mold is growing in all sorts of places.
I have been in contact with him numerous times and he just refuses to do anything about it. I discovered that he hadn''t sealed the roof before he tiled it, just a cement roof and tiles. The stuff to seal it would only have cost about 600 Tl!!!! And I have all this damage for the sake of that.
I decided not to use a solicitor because they are mostly crooks who want thousands to take you case, but to try and take action myself.
2nd February 2009 Today my court papers were accepted by the Courts.
The past 3 months have been very arduous and I have had 3 panic attacks, something I’ve never experienced before and hope to never have again.
Here is the process;I wrote out my own complaint and took pictures of my house and the damage the rain had/has done. My friend translated this into Turkish for me. She then gave the name of a man that used to work for the courts who looks over your documents and makes any changes. He asked me a lot of questions and then re-typed the document with the proper legal terms. He asked me for receipts and contacts which I didn’t have as they were never given to me despite my asking repeatedly.
I found my builder through the Dipoli (local DIY store), who had done work for me on my previous apartment. They told me to go once again and ask for my contract. I went to the Dipoli and as usual they were quite angry I was there again - this time I told them I wanted my contact, which they were keeping safe for me as I was taking the builder to court, they told me they had given my contract to the builder because he asked them for it!!!. I went back to the translator and told him this. He told me I must report this to the tax office and he would prepare a document for me to take there once I had been to the court.
I took my document to the Court in Didim:- You go to the counter, and they read it and call the Clerk of the Court, who directs you to a judge’s chamber.
He reads your document and explains that you will be the next to see the judge. The Clerk of the Cport signed my document before I went in. He took it into the judge to read and he signed it!! I went before the judge who told me he was very sorry that he couldn’t actually come to my house today as the Court was very busy today and tomorrow but he accepted my case and I have to go back on Wed morning at 10am when I will pay my filing fee of 350tl. Then he, plus a surveyor and technical engineer appointed by the Court will come to my house and assess the building work.
I thanked him, came out of the court and asked the clerk if I had heard right?? Was that all there was to it - had my case been accepted? I was again assured it was and to be there at 10 am Wed.
In a daze I went back over the road to the translator who had prepared a document for the tax office which I signed and paid 5tl (yes 5tl) then I went over the road to the tax office. The document was read in three different offices then signed and accepted and a copy given to me.
My case is now filed, 350tl Court fees, 55tl for the translator’s documents. I again checked - was that all there was to it!!! I came home with a file from the Court with all my documents signed. Unbelievable!!!!!!
I had a translator with me at all times.
The Court in Didim is called: DIDIM SULH KUKUK MAHEKEMSI YARGICLIGINA (Feel free to correct that). It is just around the corner from the tax office.
The person who wrote all my documents is Murat Torun. His son Utku speaks very good English. They found out the full name and address of my builder as I only had his name!!!
While I was in his office many, many Turkish people came in and out picking up documents and paying for them. If anyone would like his number please pm me.
I will let you all know what happens on Wednesday. If I then loose my actual Case I will have lost a small amount of money not thousands!!!!!
I am led to believe by all who have read my documents at the Court and Tax Office I have a good case and my builder could be in a lot of trouble.
I hope there is a Murat Torun in your town.
4th February 2009I went to court at 10am. I went into see the Judge who said he was arranging for everyone to go to my house at 2pm this afternoon. He asked the Clerk of the Court to arrange for a Court set interpreter and we went to see the Judges secretary upstairs in the building and she made all the arrangements while they gave us coffee. It takes a bit longer than it sounds, but that’s the process (two hours). Then had to go to another office and pay my 351tl.
I went back at 2pm and waited for them to assemble and a mini bus to come. We came to my house about 3pm; there was the Judge, her secretary, a structural surveyor, an interpreter and a bailiff. On the way each one read the documents and signed them. The surveyor could speak quite good English. I explained my case to the Court appointed interpreter and she told the judge what I had said.
Ay my house they all had a look around outside and in, the judge asked me many questions about the builder and her secretary noted them. The surveyor took many photos and asked me if I thought he had missed anything. I mentioned a couple of things like door frames falling off etc (I won’t bore you with it all). The judge and the surveyor had a conversation which was told to me, they were discussing the shocking state of the building work. The judge then asked me what I wanted to happen - did I want it fixing by the builder or money to use another builder. I said money to use another builder as he had already made this mess and she said OK.
I was then told the surveyor would write a report and would set the damages. This report would be ready in 10 days and cost me 100tl. Then when I pick up the report a further 4 1/2 (four and a half tl) to send the papers ordering the builder to Court. I was told this would happen quickly once the surveyors report was in. We were then taken back to the Court.
I spoke to the interpreter and surveyor outside the Court and asked him what he thought. He said it was very bad and to expect his assessment of the damage to be around 20,000tl. Hooooooorrrrraaaayyyyy!!!!!! I know I haven’t got it yet but at least the signs are good. He will of course be able to try and defend himself. (This is the least of my worries - you should see it!!)
I would to say to anyone reading this, please don’t be afraid of the Turkish courts. You may have heard all the horror stories like I have - never win - takes forever etc. They couldn’t have been nicer to me through all this process, very understanding and accommodating regarding the language barrier, and very, very fair. I would do it again in a heartbeat.
The total cost 511tl. Not bad eh?!!!!
6th February 2009(In response to an enquiry as to whether she can really expect the builder to cough up)
Yes, I do know that he could have nothing and you can’t get blood out of a stone! I do know he has a car. I also know the tax man could get him before me because they made me report him to them. What I did find out from the courts that was interesting was that anything in his wife’s name can be taken as she will be jointly responsible in terms of what they do have, they can also close his bank acc. (Freeze everything) on that day if the judgment is in my favour. I have also been told this is not true, but I believe the courts on this one, they were quite emphatic, including telling me he could go to prison.
I did this with the hope of getting money back but if I don’t, I know I will have caused him the great inconvenience to say the least!!! I want him to know I’m no pushover that was of great importance to me.
As I understand it - the surveyors report will be ready for me to pick up next Monday. I then go to another dept in the court and take the summons out against the builder for, as I said four and a half Tl. It is then served on him. It depends on how busy the courts are as to how soon we could be in Court; I’m assured its usually speedy! I will let you know each step as I do it.
I am also checking out if I can now have my roof repaired or have to wait - not too sure about that one.
Other interesting information I have been checking out, is that if the judgment goes against him, he has to pay my costs. Also if I win there is no other way for him to discharge his debt than to pay, however long it takes. A levy will be put on everything he owns, and the Court can seize his assets, so it is in his interests to get the money from somewhere if he wants to keep working, especially for himself. He would not be able to open another bank acc etc. And yes, they can and do send in bailiffs!!
I just have to win
its all trial and error at the moment as I don’t think many of us do this - yet!!!!
12th February 2009I was in touch with the courts yesterday. The surveyor said I cannot have my roof done (aaaaaarrrrrrrrrrrgggggggg) until his report is complete, plus, they may need to have another look at the property, it’s not just the roof, (but that the most pressing problem). There are many other problems which I won’t bore you with, so I have to wait. Maybe this is a good sign, I don’t know.
They do seem to be taking the matter seriously, and are keen to get it right.
16th February 2009I went to collect my surveyors report today and it wasn''t ready.
The clerk of the Didim Court (or one of them) is called Mursel; he is very helpful and immediately found me an interpreter.
All the other reports were there in sequence except mine, the Judges secretary showed them to me.
They phoned him and he said he was sorry, as it was so complex and so much damage that he wanted to get it right.
It will be definitely ready on Friday. Ah well, only a few more days!!!!
20th February 2009I didn’t get my report form the Civil Engineer (he corrected me, he is not a surveyor).
I went to the Court and he was there waiting for me. The problem is, they can’t find my ''project''. (I think he means plans at the Municipality where they are all kept).
I have a sinking feeling my builder didn’t put them in for my extension etc. so all there are, are the ones for the house as it was originally!!! Therefore he couldn’t calculate the costs of my now ''new sized house''. He said he would go there himself to look for them but if not, he would come to house and measure it completely himself. As you can guess I was very skeptical and disappointed so I went back to see Murat Torun and his son Utku to tell my tale of woe.
They got on the phone and the Civil Engineer appeared himself within 10 mins to give me a more in depth account of what he had to do. The measurements would have been all there on my new plans and he has to calculate everything, every tile, every sq meter of paint, concrete, plaster, wood etc etc. He said he was going to the Municipality there and then. Off he went after giving me his name and Tel. No. I was assured by Utku that he would be here at
my house on Sunday if the plans could not be found. Apparently he has an excellent reputation, his name is Oral Atlan.
They made numerous phone calls on my behalf to the Court regarding the delay, and I was very impressed. I usually feel very hollow when things don’t go according to plan here, but today I really don’t. I do think I will get it next week! I know it’s a lot of messing about but I think it’s worth it - it is to me.
CarolK
Link to Carol’s petition
http://www.ipetitions.com/petition/protectionforbuyers/
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August 15, 2010, 08:26:31 PM
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