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POLITICALLY MOTIVATED EMBARGOES ,CONSPIRACIES ,JOURNEY THROUGH LIFE HAS NEEDED EXTREME ENERGY FOR EFFORTS TO SURVIVE HAS BEEN IN VAIN!

12/07/2010 “FATAL ACCIDENT” WHILE ON HOLIDAY IN TURKEY

2 LEGAL EXPENSES POLICIES UNDERWRITTEN BY DAS ,FUNDS TOTAL £75K ;

FILING “DAMAGES” THROUGH THE COURTS AS EXPECTED TO RUN CONCURRENTLY WITH CRIMINAL CASE ; DAS AND FUND ADMIN. IRWIN MITCHELL SOLICITORS IN SPITE OF REMINDERS ,DELAYED CIVIL COURTS LEGAL ACTION FOR 6 YEARS .

APPOINTED ISTANBUL AGENTS KAYA&PARTNERS (KP)CHOSE “ECONOMICAL ROUTE”

LEGAL FEES IN TURKEY ARE 1/5TH OF UK; ENOUGH TO GO THROUGH THE COURTS ROUTE

THE GREEN CARD SCHEME ,THROUGH THE TURKISH MOTOR INSURANCE BUREAU (TMIB)

THE ADVICE OF OUR CRIMINAL ADVOCATES ;“ TMIB WOULD NOT SERVE YOUR BEST INTERESTS” AS CHOSEN BY “LOCAL CLAIMANTS” UNABLE TO PAY LEGAL FEES,AGREE TO ANY DAMAGES!

CONVINCED ,WE OBJECTED TO ALTERNATIVE, “CHEAPER ROUTE” EXPOSED TO INTERNAL/EXTERNAL INFLUENCES ;TMIB IS FUNDED BY INSURANCE COMPANIES ,WHO DELAY ,NEGOTIATE LOWER DAMAGES ,UNCERTAIN SETTELEMENT !

IN OUR CASE COMPLAINTS NOT INVESTIGATED FOR YEARS ,FILES CLOSED,

POLICE MIS-USE OF AUTHORITY ,SYSTEMATIC OFFICIAL HOSTILITY; ALL “COVER-UP” EFFORTS RELAYED TO DAS AND FUND ADMIN IRWIN MITCHELL SOLICITORS FROM 12/2010

AGENT’S APPOINTED IN 2015 , FEES PRE-PAID KP CHOSE TO DELAY FILING THE CLAIM

“TMIB ROUTE” WITH PROMISE OF 3 MONTH ,HIGHER SETTLEMENT OF BOTH “EXPENSES AND MORAL DAMAGES” IN 2016.

15/07/2016 AFTER THE “ATTEMPTED ARMED COUP”,THE COUNTRY IN TURMOIL, CONTROL OF THE JUDICIARY CAME UNDER THE CONTROL OF EXECUTIVE .

KP WAS WELL AWARE OF THE SYSTEM HOSTILITY TOWARDS US ; THE TWO CASE FILES HAD ALL THE DETAILS ;PROSECUTION CASE AGAINST POLICE DROPPED ,THE POLICE EFFORTS TO COVER-UP” ,OPERATIONS TO PROTECT THE ACCUSED ;THE NEGATIVE POLITICAL DEVELOPMENTS ,DEVALUATION OF THE TL CONTINUED !

IN SPITE OF OUR REPETETIVE PROTESTS FOR UNACCEPTABLE DELAYS ,KP SUBMITTED CLAIM TO TMIB ,TWO YEARS LATER ON 06/04/2017

IN PLACE OF DUTY OF CARE TO PROTECT CLIENTS’S INTERESTS BOTH KP AND TMIB “TOWED THE SYSTEM LINE” PRIORITISING THEIR WON INTERESTS.

WHY WAS “ 3 MONTHS SETTLEMENT PROMISED” ,THEN IM INSTRUCTED KP TO WAIT ?

KP BY MIS-DIRECTING CLAIM ,PERFORMANCE FAILURE AS ,TMIB DELAYED CLAIM WITH DETAILS OF “IT GRADUATE UK EARNINGS” , THEN CONVENIENTLY CHOSE TO WAIT FOR APPEAL DECISION FROM SUPREME COURT- CASE FILE SHELVED ,WAITING FOR US TO DIE !!!

We objected to KP’s wrong choice as we had cover of two Legal Expenses Policies ;total funds up to :£75K ; funds were more than enough to file for “moral damages”, in civil court in Turkey ,Compensation Claim through the courts ! The “legal fees” as listed by The Turkish Bar Association are approx.1/5th of UK.

The Halifax Home insurance and Barclays Additions Plus we kept informed.

DAS as underwriters appointed Irwin Mitchell (IM) Solicitors as Fund admin.

As required we Updated IM of the developments ,translated , emailed hearings ; paid for Reports to be Translated as deeply painful ,then did the translation. The “cover-up” operations started from day one. Police and official authorities proven hostility; rejection to search ,investigate and clarify to Complaints to The Police, Min.of Justice, District Governor, The Courts ,all obstructed ,”investigation not necessary, files closed”. In support of the accused “killer” ; eye witnesses would tell us but threatened with their lives refused to make “witness statements” if they had to give their names !

Accident this was Not but “deliberate manslaughter”;the influence of the accused on the Police ,Officials and Courts system, such irregularities ; serious illegal “cover-up ,acts of vulgarity at the Ege Uni.morgue;

The Surgeon who did the autopsy Report was an unethical medical “unprofessional” ,guilty of serious misconduct, “on hippocratic oath” signed Bertan’s Autopsy Report; son’s gender reported as “female” under photo showing his “manhood”!

Scandalous fact that proves beyond belief that this is pre-mediated, planned politically motivated assassination ! “Hate Crime” Human Rights infringements from day one of the fatal accident.

How debasing ,disrespectfull to the dead ! Accused Drunk -56 Promil alcohol tested with blowing into an Alcometer ,4 hours later ; no Blood /Urine Tests ,no Drugs Test as required in fatal accidents Beach Bar Manager ,with another front passenger friend Sinan Kılıç and two Russian women as rear passengers ,BMW at “aircraft speed” -on a 7 metres wide ,straight road -3 lanes-in town ,collided at excessive speed said to be 140 Km/ph steered deliberately ,targeted Bertan with the middle of the bonnet ,such force airlifted him in the air by several meters ; he fell, landed on the wind-screen, BMW did not brake , continued at speed ,such force that Bertan’s jeans and shoes came off ,slumped on the windscreen carried him for a further 35m from the point of impact ,total 58m from point of initial contact on the Zebra Crossing in front of Flamingo Hotel The accused drunk driver admitted in court he had “not used brakes” ;but put his foot on the accelerator instead. BMW over-run the pavement crashing onto a roadside wall 58m from the impact location, then came to a halt. Accused Resides in Holland where drug Cafes are licensed – BMW vehicle with Dutch plates-

A 19 year old young man at the “hay-day of his youth” targeted ,killed ;the autopsy surgeon was so inhumanely hostile ! Who can believe such extreme hostility towards a dead person ,not in a position to protect himself; indoctrinated ,brainwashed ,Extreme “Hate Crime”!

How did we feel about our son’s loss as parents ? Add Police hostility, the illegality ,irregularities ,inconsistencies of the officials in spite of the legal system.

Opportunist efforts of the police to “cover -up” was enough evidence in order to remind KP of the very high risk of filing CC with TMIB ;at the time the independence of the judiciary was eradicated,with judgements dictated by politics;there are extreme examples in abundance.

The London Turkish Consulate’s Claimed “Independence of the judiciary”,was a meath ;highly “Disputed” the world over ;later proved in 2018 with examples of German reporter Deniz Yücel and US pastor Andrew Brunson released by R.T.Erdogan ,complete control over the judiciary ;”Politics real” ,that he had total control /influence on the judiciary !

K&P practised litigation in Turkey ,well aware of the developments so it was their deliberate choice to “tow the line” and neutralise our politicised CC.

No matter how we protested to the “economical” TMIB route ,KP promoted ,convinced DAS and IM.

IM Senior Partner Mr.Philip Banks wrote to us on 18/04/2016 to emphasise their choice as TMIB ,with a “comparison table” of two routes available ,concluding that the “TMIB route” was their choice ;convinced KP were capable of achieving the “3 month settlement”; so all parties involved assured ,promised” us ,not only a 3 month swift Result but “higher” CC.

We had experienced the hostility of the police ,officials from day one ,this negative influence only increased as we were subjected to psychological “extremely biased traumas ” in this “deliberate manslaughter” ,staged as an “accident”. Years of “Hate Crime” reported ,but ignored.

Year before an “agent” stayed at the same holiday apartments with us, followed my son everywhere, even to the seaside,dominated him ,with the

apartment manager saying “stay with your spouse”leave Bertan with us” !

We had booked with Bertan to go to “Hamam”, the “same mob”targeted , followed us around, instead of an hour we were forced to leave 10 minutes later!2009 when we went on holiday ,booked

at Esmeralda apart, someone stayed at the apart ,looking at the position of his camp-bed ,probably free ,courtesy of the Apart owners, Şükrü at Reception often repeated “Leave Bertan with us, go with your wife. The person was named “cengizim44@hotmail.com” RERT WERT ,my guess was “an agent” who would come to the seaside with Bertan, who was always kind and friendly. After Bertan was killed we continued to email one another. Cengiz asked me if I could help buy books cheaper for his daughter who was going to study Medicine. I found the listed books “used” ,cheap on Amazon.com USA,ordered them to be delivered to a friend of his ,who took the suitcase full of books to Turkey.He was happy ,invited us to holiday with the coming summer ,with his family.

The fact that every eye witness feared for their lives to make a statement ,

the assailant paid a witness ,and continues to embargo our lives is evidence that the “system” both in Turkey and UK not only denied us justice ; with 5 years of prolonged hearings; advocates unable to make progress with searches for evidence with the reluctant police and court officials ;the lenient sentence of 18 months imprisonment, (+ as a bonus ,postponed for 5 years as “he had a young family”- no empathy to “blood-line cut-off”parents) which was voluntary manslaughter ,not an “accident” of a 19 year old man’s life. The “system”has taken “all measures” to “protect and cover-up” the pre-meditated “deliberate manslaughter” of our son, totally victimising us !

We complained for years, to the government of Turkey ,UK and to DAS, IM and “protested” KP for not keeping their promise with no “tangible results” from governments of Turkey or United Kingdom.

KP Totally failed with “the legal system” as locals ,as they had ” chosen “to tow the official line under political influence “, neutrality of the judiciary was compromised ,legal professionals prioritising own self- interest ,instead of clients ,instead of paying court fees to file CC ,banked on interest ,the pre-payment of €42K legal fees at “EU legal scale” very high in Turkey ,in contrast to Bar Association scale of fees.

Had we chosen to file the CC in 2013 in a Civil Court with own funds, the court would have ordered the accused to refund us.We would have had a decision by 2017 , our stress levels would have been reduced, allowing us to save the colossal amount of time spent emailing about this CC !

Nearly 14 years on , the “appealed ,murder case”, “shelved in the Supreme Court” stark reality ,all parties are waiting for us “parents to die” so they can close the case “files” ! What a predicament we have landed in our lives in cutting off our blood-line ,future prospects that would have enabled us to have a quality life as relaxed “grandparents” ;instead the economical choice of TMIB,has been a ” fatal blunder” that has denied us justice. The “killer”,drunk bar manager ,super fast BMW driver in town ,system supported assailant has ruined the lives of 3 generations in our families ; in contrast “killer” has not served any of his 19 month sentence ,postponed for 5 years (extreme empathy for guilty criminal , as he has a young family )not been imprisoned ,has Not been penalised financially, so has not paid any price for his serious crime of pre-meditated murder ,taking someone’s life ,than operations to cover-up his crime ;the constant pressure laid on us ,campaign at the Police Station.

As parents tarrgeted in our neighbourhood ,our Human Rights savagely infringed for most of our lives with “victimisation” campaigns, that have been pushed under the carpet by the affluent lobby.

We are inconsolable.

KP’s negligence of basic attorney’s duty to protect and promote our interests as Clients ;Priortised their immediate and future own interests by “towing the official line”,as we suspected and relayed this to IM that all the hostility, prejudice in the system was politically motivated.

DAS as Underwriters and IM as Fund admin. appointed KP ;700 Km from the accident location ,where we could “not see” them ; both DAS and IM and KP ignored our strong objections to the uncertain ,vulnerable to exterior /interior influence “ TMIB route” ;after we submitted POA to KP , all went quiet for 3 months, when we demanded an explanation , admitted that they only “take instructions” from IM not from us ! All 3 stated that “through the courts” was not their choice in this CC ,that our “courts” preference ,as advised by our criminal advocates was to file CC in 3rd year -not delay it until the 6th year -“through the courts “while the criminal case continued through the courts”. KP advised us and convinced DAS and IM their “promoted choice” was the “economical route”; The Geen Card Scheme ,through TMIB”

At one stage, in 2016 ,months after KP’s “3 month swift ,higher Compensation promise failed” filing the claim through the courts was considered as an alternative by IM later overlooked ,not put into practice!

If our choice been accepted ,our instructions taken as clients ;filing CC through the courts the 3rd year ,as advised by criminal advocates ,it would have taken up to four years to conclude; by the year 2017 CC would have been settled !

A penalty would have been paid by the “killer of our son” some of our concerns ;7 years ago,

giving us time to recover from deep traumas ,we could get on with what is left of our later years. In addition “clawback of our expenses” would have been a bonus !

KP’s legal fees charge was accepted in-advance ; €192-per hour -European standard Legal fees -in Turkey astronomic by Turkish Bar Association scale of fees , so KP’s priority was self-interest ,better to protect their own interests so with this economical option proposal convinced DAS and IM to approve and appointed themselves as Istanbul agents ; “established , experienced , international” Law firm ; so their chosen option, promise of “3 month settlement” seemed achievable.8 years on as Clients we do not get to hear from them at all ,even annually !

How do we rate their performance is another matter!

Another advantage emphasised by our criminal advocate was the “lower CC court application fees for Turkish Cypriots in contrast to other nationals” ! These facts were Dismissed by DAS ,IM and KP’s “swift, economical choice” convinced all parties! We were not given any choice!

Criminal advocate’s email to IM:

I am grateful for your kind assistance; the acceptance of legal charges to continue to work with yourselves and Irwin Mitchell Solicitors in the trajic case of Bertan Hajiahmetoglu.
“Hajiahmetoglu’s being Turkish Cypriots do not need “residence permits” to reside in Turkey ; benefiting from paying a lower deposit for the compensation claim to the courts -in other words ‘qualifying residence’ requirements are not needed for the court fees for this application-otherwise court fees are higher for foreign nationals”

22/10/2015 IM ,Debbie Manders email ;proof that the TMIB route 13 years on has proved to be the wrong choice !

 “As you are aware, our agent has suggested a route in Turkey which is likely to be much quicker than proceeding through the courts and will also yield you approximately 90% of the damages which a court would award you.  Taking into account the legal costs which would be incurred in proceeding via the court route, the economics of the situation would suggest that it would be far more economic to proceed via the TMIB route than through the courts.

“The terms of your policy with your Insurers are such that matters must be economical to pursue”and as such, I believe that your Insurers faced with these options will confirm that

, “under the terms of your policy they will continue to fund matters for you to pursue the ( The Green Card Scheme cover) , TMIB route and not the court route Ultimately the result of proceedings with the CC via the TMIB will result in you obtaining compensation that you are entitled to and would be awarded by any of the courts which could hear this matter within a quicker time scale.  If you were to pursue the court route, our agent believes that the process could take in the region of 4 years to complete.”

Our Comment:

**”13+ years ,since accident ,8 years since CC with KP ‘Shelved ,Neutralised CC ‘Proved the worst case scenario for Claimants’!

—-

On 07 Jan 2016, at 15:17, Av. Merve Mülayim Bircan & KayaPartner <merve@kayapartner.com> wrote:

Mr. Hacıahmetoğlu,

I understand your lost and I totally respect your suffering but you’are going too far. What do you mean by saying “your are sitting on the court fees”.

You need to understand that we are instructed by Irwin Mitchell and not by you. Accordingly, I cannot act without Irwin Mitchell’s instruction. They told me to wait.

——-

No empathy ,no sympathy ,no consolation ,for us parents !

As clients “13 year extra prolonged ,having chosen economical CC process ,in spşte of our protests has dominated our lives ;deeper traumas and suffering ,financial losses incurred in the legal process as punishment for parents who lost their only son !We do not deserve !

IM chose the ” economical route”on KP’s advice ; to settle with “arbitration through The Green Card Scheme” with TMIB! We did Not accept their proposal as this CC route is for litigants who can Not afford to hire Advocates ,”Legal Fees”,

to go through the courts.

We strongly objected their proposal ,stating “this is for those who do not have funds to lodge CC through the courts” ; we were not given the choice .KP convinced both IMS ,DAS ,”economical route” is arbitration with TMIB. 13 years on fatally wrong choice for which KP is responsible jointly with IM as fund admin. and 2 of our policy underwriters DAS !

We were Not given the choice ,in spite of our “courts route insistence ; their information ;expected to take 4 years

DAS ,IMS and KP decided and advised us : “economical” ,cheaper route ,” 3 month settlement ,The Green Card Scheme cover , through TMIB ” . We reluctantly accepted this decesion warning all parties ,this economical route will render The CC

settlement with a “below avarage settlement sum” as TMIB will treat it with Turkish citizens “fatal traffic accidents ,country’s insurance norms”; therefore lower settlement figure will be offered! We were proved right, as arbitration continued for years!

IM appointed ,instructed KP. ; paid fees: €192 p/h , “above legal rates” charged by attorney at law’s standard rates set by The Law Society in Turkey ! Indeed we pointed out ; final court decesion, legal fees for 20 hearings over 6 years, court ordered “legal fees ” of 1800TL -minimum wage level- to be paid by the Defendant.

We hired 3 lawyers ,paid 12000TL in 6 years!

KP compiled List 06/04/2017 of moral /other damages to Claim from TMIB ,

“unless settled in 3 days ,legal action will commence”- no legal action since

; Claim submission date to TMIB : 06/04/2017;

KP appointed ,POA sent : 07/2015 ,

Criminal Court verdict: 07/01/2016

“Legal Protest” to KP delays : 19/10/2018

KP “ 3 month settlement promise “€42K fees paid in advance in 2015.

Funeral expenses : 1.100 TL

Grave stone : 1.300 TL

Transfer to Izmir Ege Uni.for autopsy : 1.600 TL

Photo copy of case 2 files : 250 TL

Food & Drink :2000 TL

Hotel stay for 13 hearings ; 3 nights each : 13 x 5 x 150 : 9750 TL

Internet use : 240TL

Travel UK to Dalaman air fares, expenses : £7.470

Total : 16.240.000 TL + £7470

In 2012 ,3 years previously ,I had asked IM to hire our criminal lawyer to lodge CC. His fees were reasonable ; had accepted £100-p/h and CC would have been settled before 2016 !

KP’s “economical” ,proposed “quick settlement” decesion delayed CC process for ever ,otherwise through the courts CC would have been settled 7 years ago ! Defendant got away “Scott Free” We believed in DAS ,IM , but KP’s ill-advised all ,uncertain, adventurous mismanagement of the Legal Expenses Cover left us “high and dry” with traumas ,ill-health and a hefty financial loss !

Psychological pressure; the injustice ,”events that have not been brought to light ” is disturbing ,the embargoes we face both in UK and Turkey ,who will compensate our financial losses ? Failure of proposed CC ,the Consequences we have had to live with in our old age daily that we consider We have paid a very heavy price with this “curse” , bestowed upon us by all 3 parties responsible ,duped with “3 month settlement promise ” did not foresee the future ;KP “20 year experienced international law firm” failed ! KP had no foresight !

Thus DAS IM ,KP knowingly made the wrong decesion as they evaluated this from a “commercial point of view” ,ignoring the human aspect ; only considering the “most economical route”;uncertain result through TMIB, stretched to 14th years, with no time scale,unless political influence is mobilised

Uncertainity in the legal system and worsening economy of the coumtry ignored ! As the €42K legal fees were paid in-advance to KP ,the motivation to settle our CC evaporated ,no longer a priority ,lost its pace and importance ! File shelved at Appeal.

Decades delayed CC Settlement will be worthless in TL ; indeed No CC Settlement benefits The Defendant ;KP has minimised ,reduced our chances as TMIB has no strict guidelines to follow ,so cases are delayed ,their budget ,donated funds administered by insurance companies, until targets are archived !

As a consequence the vital emotional human aspect of a sudden fatal accident loss ,has been insensitively lost its importance ;deep trauma the parents are exposed to has been ignored by DaS ,IM ,KP with the TMIB route ; our objections ignored ,not considered ! IM emailed ;”delays are unacceptable , we may apply to the courts”; but no such legal action since !

A British subject’s involvement In a fatal accident in Turkey did not result in the Legal Expenses two Policies promised by DAS, IM and KP ,ill-advised ,disasterous outcome for us as clients ! The decision to lodge CC through negotiation with TMIB ,the cheap Green Card Scheme ,in Turkey was a collossal mistake ; we feel imposed on us as a conspiracy to further damage our lives ;the wrong decesion ! Inappropriate; as this CC did not involve a Turkish Citizen ;as such evaluated as a “Business decesion” ignoring the facts ;as all “Complaints to investigate in this accident “were deemed “unnecessay and files closed” ,2nd prosecution case “abuse of powers” dropped ,dismissed after the 3rd year in spite of our protests ,the Defendant did Not turn up, did not give a statement ! Denial of justice by “The Protectionist Authorities ! These negative developments were all relayed to IM until the final verdict ,over six years. The same “Official protectionist, prolonged ” hearings we had been subjected to ; all embargoes had been applied !

We wrote to our local M.P. asking for The British Government’s to enquire ,as we faced extreme hostility and injustice with “cover-up” operations of the police and officials .Political influence, the only way that “drives the system”,

otherwise nothing works in judiciary in Turkey !

We gave details ,protested every year ,reiterating “postponed ,protracted or Late justice is no justice” asking for answers ; the failed complaints irequests to investigate the irregularities ; wrote to The Turkish Consulate General in London. Their standard official reply “Judiciary is independent”, so far from reality! The Defendant has been “protected” all along so “No settlement” is for this

Assailant’s benefit ! Why was these negative developments ,all emailed to IM ignored ? Why was KP as “local law firm ” ,who claimed to be experienced in litigation ,an international law firm was hired if they have Not had success ! Optimistic Promise of “three month settelement” ,now in its 7th year with no timescale ! Howcome as local justice system insiders KP did not foresee this increasing trend of injustice , promoting the assailant’s benefit ,negative developments for us ? Proof in the final analysis negative influences against us !

Subject to due observance of rules of law and The professional conduct and Code of Ethics states ,advocates must always act in what they perceive in their professional judgement to be the legitimate best interests of theri client and must put those best interests of their client; take precedence over the attorney’s own interests or those of fellow Members of the legal profession !The emphasis is also on the independence of the lawyer in defending the client’s interests from any external/internel influences.

07/01/2016 email from KP

Mr. Hacıahmetoğlu,

I understand your lost and I totally respect your suffering but you’are going too far. What do you mean by saying “your are sitting on the court fees”. You need to understand that we are instructed by Irwin Mitcheel not by you. Accordingly, I cannot act without IM’s instruction. They told me to wait.

15/01/2016 our email to IM

Regrettably our efforts ,regular Updates have not “yielded The Legal Expenses Cover”  expected..as yet!  

Although We regularly reminded and asked for a ‘decesion from IM ;As distraught parents emotionally involved ,burdened with time consuming translation of court hearings ,in this long legal battle in our quest for justice, we are exasperated !

We have kept IM Updated for 5.5 years ;at considerable expense we  travelled to Turkey from London ,with our lives revolving/centered around the ‘court hearings !

16/01/2016 our email to IM

If the CC is to “wait” – more than 5.5 years now- as per your instructions to to your Agents KP and not lodged through the courts ,using the £75K fund ,’Lower Court fees’ as we are Turkish Cypriots and K&p’s initial bill paid mid-July 2015 !

“While you defer the Claim- as “Fund Administrators” IM we expect an explanation and give notice that we will revoke the “power of attorney” on 29/01/2016 given to your Agents KP in Turkey, lawyers Merve Mülayim Bircan LLB”

08/07/2018 email from KP : Confirming it is their opinion that the compensation amount will be a higher both for financial and amount oto go through TMIB rather than lodge CC to the courts;

******** Reply in Turkish ,Translation below ;

“Alternatif olarak sadece ihtarname göndererek tazminat davasında almayı beklediğinizin çok çok üzerinde bir tazminatı 2-3 ay gibi kısa bir sürede alabileceğnizi belirttik. Öte yandan tazminat davasının sonuçlanması 2-3 yılı bulacak. Bir de Yargıtaya temyiz için giderse 2 yıl da onun için bekleyeceğiz. Motorlu Taşıtlar Bürosundan alabileceğiniz tazminat hem maddi hem de manevi tazminat olacaktır. Manevi tazminatı mahkemede isteyeceğimizden daha yüksek isteyeceğiz. Maddi tazminat ise bilirkişi tarafından hesaplanacak. Alacağınız toplam tazminat tutarı belki de 500.000-TL’yi bulacak.

BIZIM HUKUK BUROMUZ 20 YILA YAKIN TAZMINAT DOSYALARI ILE ILGILENMEKTEDIR. BUGUNE KADAR HICBIR PROBLEMLE KARSILASMADAN DOSYALARIMIZI SONUCLANDIRDIK.”

Translation;

“As an alternative, we stated that you can receive a compensation much higher than what you expected to receive in a compensation case, in a short period of time, such as 2-3 months, by simply sending a notice. On the other hand, it will take 2-3 years for the compensation case to be concluded. If he goes to the Supreme Court to appeal, we will wait 2 years for him. The compensation you can receive from the Turkish Motor Insurance Bureau (TMIB) will be both financial and moral compensation. We will demand higher moral compensation than through the courts. Financial compensation will be calculated by the expert. The total compensation you will receive may reach 500,000 TL.”

OUR LAW FIRM (KP) HAS BEEN DEALING WITH COMPENSATION FILES FOR NEARLY 20 YEARS. SO FAR, WE HAVE FINALIZED OUR FILES WITHOUT ENCOUNTERED WITH ANY PROBLEMS.”

-13+ years on KP’s history: 20 year experience ,this very optimistic legal advice proved to be “fatally wrong” ,lacked foresight and vision ! KP has to accept responsibility for Total failure in this protracted CC through TMIB. No practical solution ,no empathy ! An endurance record ; taken its toll from our lives, health ,finances ,shortened life-expectancy to have to continue to struggle daily ,not only with injustice ,forever keep writing Complaints ! A huge traumatic disappointment for parents who lost their only child !!! KP idea has to recompensated by DAS and IM ! DAS has to resolve this with IM ;KP has to salvage and settle this CC through the courts !

Details of our efforts ,Civil Court of First Instance ;Police “mis-use of authority” ,2nd court case information ,evidence required by the courts not given by The Police authority ,deliberate delays and further delays,charged officer never attended the court so file closed with no penalty .Negative experiences as course of injustice increased year after year ! Developments were emailed to IMS after each hearing, these were ignored !

We objected ,argued TMIB route is for those who could not afford legal fees- we pointed out “legal fees in Turkey” are considerably less than in UK but IM appointed Istanbul agents -more expensive than other cities- KP charge of European legal fee rates ,in € , not in TL !

Thus ; we were Not given a choice but to oblige to give “Power of Attorney” so IM instructed KP accordingly!

*********************

From: Debbie.Manders@IrwinMitchell.com

To: bertan1991@hotmail.com

Subject: Case of B M Hajiahmetoglu

Date: Thu, 22 Oct 2015 11:53:13 +0000

Dear Mr Hajiahmetoglu,

Further to the various previous emails I have received from yourself and our agent, I write to advise you on the position of your legal funding.  As you will be aware, we are instruct by your Insurers to assist and pursue a claim for civil damages for the death of your son.  As a result of this, the only outcome that we can achieve for you is to okbtain a monetary sum to which you are entitled.   As you have correctly pointed out in previous correspondence your son was a UK citizen and the Defendant is a Dutch citizen albeit that the accident to occurred in Turkey.  Case law and regulations would allow you to proceed with a claim in either Holland or Turkey but Turkish law would still apply to the sum of damages which would be awarded, irrelevant of which Court/Country the claim was brought in.  It would not be possible to bring a claim in England. Further, the criminal proceedings in Turkey have been protracted but it was necessary to follow these in order to ascertain the prospects of success in a civil claim.  As such, the protracted nature of these proceedings means that the time limit to bring a claim in Holland has passed. 

 As you are aware, our agent has suggested a route in Turkey which is likely to be much quicker than proceeding through the courts and will also yield you approximately 90% of the damages which a court would award you.  Taking into account the legal costs which would be incurred in proceeding via the court route, the economics of the situation would suggest that it would be far more economic to proceed via the TMIB route than through the courts.

“The terms of your policy with your Insurers are such that matters must be economical to pursue”

and as such, I believe that your Insurers faced with these options will confirm that ; under the terms of your policy they will continue to fund matters for you to pursue the ( The Green Card Scheme cover) , TMIB route and not the court route Ultimately the result of proceedings with the claim via the TMIB will result in you obtaining compensation that you are entitled to and would be awarded by any of the courts which could hear this matter within a quicker time scale.  If you were to pursue the court route, our agent believes that the process could take in the region of 4 years to complete.”

I am obliged to advise your insurers of the situation and will of course revert to you once I hear further from them regarding their stance on proceedings with this matter.

Yours sincerely

Debbie Manders
Senior Paralegal
For and on behalf of Irwin Mitchell LLP
Imperial House ,31 Temple Street
Birmingham B2 5DB
DDI: 0121 214 6576
Mobile: 07435763356
Phone: 0370 1500 100 Extension: 5555
Fax: 0121 643 6021
Debbie.Manders@IrwinMitchell.com
www.irwinmitchell.com

THANKS FOR DAS FINAL RESPONSE ;

MATTERS NOT EVEN MENTIONED ,CONSIDERED ,DAS BRIEF SYNOPSIS REFRAINS FROM MENTIONING

VITAL POINT IN QUESTION ;UNTIL K&P WERE APPOINTED ,THERE WAS NO MENTION OF USING ARBITRATION !

5th YEAR APPOINTED IT WAS K&P’s “MORE ECONOMİCAL ROUTE” ,TO TAKE THE GREEN CARD SCHEME ;THE TMIB ROUTE.;” THEIR LIABILITY AND PROMISES ,IN SPITE OF RISKING CC SETTLEMENT “FOR EVER” AT NO COST TO THEMSELVES BUT AT OUR MORAL EXPENSE !!

BLOODLINE CUT-OFF ,LIVES OF 3 GENERATIONS RUINED ,EMOTIONAL TRAUMA ,STRESS ,ILL-HEALTH ,FINANCIAL LOSS -TOTAL !

WE OBJECTED STRONGLY TO THE TMIB ROUTE ,PROMOTED BY THE AGENTS K&P WHO PRACTISED LAW LOCALLY ,PRIORITISED THEIR OWN SELF INTEREST KNOWING FULL WELL THE DETERIORATING STANDARDS IN THE JUDICIARY WITH TOTAL CONTROL OF POLITICS.

WE WERE NOT GIVEN A CHOICE ,HAD TO ACCEPT KP’s CHOICE OF “ECONOMICAL SETTLEMENT” THE GREEN CARD SCHEME ,THROUGH “THE TURKISH MOTOR INSURANCE BUREAU (TMIB). KP AS THE APPOINTED AGENTS ,LOCAL ADVISERS ,PROMOTERS OF THIS ECONOMICAL “3 MONTH SETTLEMENT PROMISE WITH THE “TMIB ROUTE”

KP’s FUTURE and SELF-INTEREST AS A PRIORITY ; €42K FEES PAID IN ADVANCE HOURLY AT EU LEGAL CHARGE RATE €192- ,- HIGH IN CONTRAST TO THE TURKISH BAR ASSOCIATION SCALE OF FEES” ; NOT MENTIONED BEFORE WE HAD BEEN ASKED TO SUBMIT THEM OUR POA.

KP HAS KEPT THE €42K FEES PAID BY FUND ADMIN. IM FOR THE PAST 8 YEARS! HAD THE FUNDS BEEN INVESTED ;WOULD HAVE EARNED INTEREST ! HAS THIS BEEN ADDED TO THE FUNDS?

IN ‘DAS FINAL RESONSE’: WE ARE SAID TO HAVE INSTRUCTED KP .

IM APPOINTED KP AS AGENTS THEN INFORMED US .WE OBJECTED AS ISTANBUL 700KM THE ACCIDENT LOCATION ,MARMARIS ;SO WE CAN NOT “DAY RETURN “TRAVEL TO ENQUIRE ABOUT DEVELOPMENTS IN THE CLAIM. MONTHS AFTER WE SUBMITTED POA TO KP ,NO NEWS ,NO COURT ACTION ,SO WE INSISTED KP FILE THE CC.

K&P EMAILED US MAKING IT CLEAR THAT “KP ACCEPTED INSTRUCTIONS ONLY FROM IM” .IN RESPONSE TO OUR PROTEST ABOUT “THEIR FATAL MISTAKE ,MISDIRECTION AND FAILURE OF THE 3 MONTHS CC SETTLEMENT PROMISE”!

WE EXPECTED DAS ,IM AND KP TO PROTECT OUR INTERESTS ,INSTEAD ALL DELAYED WITH OTHER DETAILS ,PROLONGED ,MULTIPLIED OUR TRAUMAS ,DEEP EMOTIONAL DISTRESS , LEADING TO ACCELERATED ILL-HEALTH AT OLD AGE.

IM’S SENIOR PARTNER WROTE A LETTER

KP’s SELF-INTEREST ,LACK OF VISION BOTH ;THE PROMOTED “TMIB” ROUTE WAS MIS-DIRECTION ,8 YEARS ONGOING ,FAILED TO DELIVER THE PROMISED “3 MONTH CC SETTLEMENT THROUGH THE TMIB ! DAS ,IM’s PRIORITY ON ADVICE OF KP WAS ; “THE MOST ECONOMICAL ROUTE “OUR OBJECTIONS ,AS ADVISED BY OUR CRIMINAL ADVOCATE MR.DONMEZ TO LODGE CC THROUGH “COURTS ROUTE” ,WAS TURNED DOWN İTHEN DELAYED TO THE 6TH YEAR BY K&P ,WHO CLAIMED “AS EXPERIENCED ,INTERNATIONAL LITIGATORS” THEY KNEW TURKEY’S THE STATE OF THE “SLOW, INJUSTICE SYSTEM”;HAVING SEEN THE SYSTEMATIC HOSTILITY IN THE TWO COURT FILES WE SENT THEM AND POLITICAL INFLUENCE ,THE WORSENING ECONOMIC TRENDS IN THE COUNTRY ,FOR THEIR OWN BENEFIT ,CONSIDERED THE ADVANTAGE OF ;”TOWING THE LINE OF SYSTEMATIC NEGATIVES ” PROMOTING THEIR OWN FUTURE PROSPECTS.

OUTSIDE INFLUENCES FORCED THEM TO IGNORE OUR OBJECTIONS.

BOTH DAS AND FUND ADMIN. WERE CONVINCED, BUT WE WERE NOT.

THE IMPORTANT ISSUE FOR US CLIENTS; “THE REASONABLE TIME ELEMENT ,OUR 13+ YEARS QUEST FOR JUSTICE ;HAS INGRAINED OUR FEELING OF INJUSTICE ,WITH EXASPERATION ADDED PHYSICAL AND MENTAL EXHAUSTION ,LOSS OF OUR JOY OF LIFE AND MOTIVATION ,DEEP FEELING OF MISTRUST IN THE JUSTICE SYSTEM, HAS LEAD TO ILL-HEALTH AT OLD AGE !

K&P’S “ECONOMICAL CHOICE” WHEN THEY WERE WELL AWARE OF THE OVERLOADING ,OF THE JUSTICE COURTS DIRECTLY RESULTED IN APPEAL BEING AN OBSTACLE TO THE TMIB RESOLVING THE CASE.

IN CONTRAST IF THE CC WAS FILED THROUGH THE COURTS AS THE CRIMINAL ADVOCATES ADVICED, IF CIVIL CLAIM HAD BEEN FILED WHILE THE CRIMINAL CASE CONTINUED ,IT WOULD HAVE FINALISED IN THE 4TH YEAR THROUGH THE COURTS! NOT BE “NEUTRALISED” !

DAS ,IM AND KP BY DELAYING THE CC TO THE 6TH YEAR ,AFFECTED WITH THE “15/07/2016 ARMED COUP ATTEMPT TO OVERTHROW THE GOVERNMENT ,CREATED SUCH A TURMOIL ,UNCERTAINITY IN COUNTRY’S POLITICS ;THE SYSTEM AND TMIB LOST ITS AGENDA .

KP’S CHOICE WAS DEFINITELY WRONG ,CC SETTLEMENT -NOW POSTPONED “TO INFINITY” WITH POLITICAL INTERNAL/EXTERNAL INFLUENCES ? -FOR US PARENTS YEARS OF PSYCHOLOGICAL PAIN ,FINANCIAL LOSS !

RESULT OF MIS-DIRECTION ,DAMAGE INFLICTED ON US PARENTS, DUE TO THE EXAGERRATION ,MISLEADING CLAIMS ,MISGUIDANCE BY KP

CC SETTLEMENT ,KP CLAIMED WOULD BE MORE THAN THE COURTS!

AS KP’S 3 MONTH PROMISE TURNED OUT TO BE “UNTRUE AND FALSE CLAIMS” ; PERFORMANCE HAS NOT MATCHED THE PROMISED RESULT. TMIB ROUTE HAS BEEN BLOCKED ,NOT MATERIALISED IN 8 YEARS. PROVES KP TOTALLY LACK OF PERFORMANCE AND PROFESSIONALISM.

WRONG CHOICE BY DAS AND IM IN APPOINTING KP WITH THEIR “ECONOMICAL ROUTE” CHOICE

WE PROTEST AT THE WAY OUR 2 LEI POLICIES BEEN MISDIRECTED, FUNDS WASTED, WHEN AT MOST ,THERE WAS A FOUR YEAR COURSE IF FILED THROUGH THE COURTS ,DECESION FOR THE CC TO BE RESOLVED.-

Not a good start to 2024…being subjected to “never-ending pschological trauma and financial loss for the past 13+years “

K&P mis-guided , ill-advised Fund Admin.IM ,DAS as underwriters had priority of minimum cost !

We were not given the choice but to accept their decesion ; emails from all 3 parties IM as fund admin. on advice of K&P had a choice ;their priority “the most economical route” ; when in fact there was Two LE Policies with more than enough funds -£75K to cover CC litigation through the Courts”,especially in a “developing country” ,where “minimum wage” is %20 -30 of UK and the legal profession charges are regulated by The Bar Association. An Example of granted “fair legal costs” was 1900TL ( £Stg.exchange rate :3TL .in 02/ 2016 ;£600-the court ordered the assailant to pay for some 20+hearings !

We believe The Court had minimised our six year criminal legal battle fees.

Payments the court granted to lawyers :1900TL ,over 6+years ,20 +hearings ,our actual payment was TL 12K to 3 hired advocates.

DAS and IM had to consider their “duty to protect their client’s interests” ! All three failed as K&P’s “lack of expertese, mis guidance and lack of vision” ! Could they not foresee the developments in the political and legal system in Turkey that feeling of justice has been eroded ;our disaster ,as all parties ignored our priorities as parnets ,inflicting more pain ,leading to ill-health and substantial financial loss!

We stressed unequivocally ,the professional advice we had from others ,repeated time and again ;”through the courts was the shortest ,best course of action is “legal proceedings” !

K&P’s legacy by taking the initiative to ignore our convictions has proved our case by the ongoing for 7+ years in “neutral state ” and at 13+ years ,there is no timescale ,indication that it will be concluded anytime! Dire State of CC we have had to live with ias if its an endurance test!

In effect ;DAS ,IM and K&P are saying “your 19 year old son is dead ,buried so forget ” ?

13+ years since son was buried –, Vahit Kaya & Partners ,Istanbul agents who claim to be ,experienced

“Turkish Law Experts” ,have had the case files 8+ years ago; Listed documents sent 100 months ago !

K&P undertaking our case ,in the way that other parties; the police force ,military police ,chosen hospital all protected the assailant ,overtly sided with the “killer bar manager ,the drunk driver”,no matter where we complained for investigation ,”not needed ,file closed”

The Assailant’s “protection campaign” started with the 80+calls he made to the “served telephone numbers”while in custody at the Police Station. The Doctor who did the autopsy was deliberately chosen to ignore the universal Doctor’s Hippocratic Oath -to serve humanity ,but chose the ultimate insult to us and our dead son by unashamedly signing son’s gender as “female” with his manhood showing in the autopsy photo .Officials abused their authority ,acted with a vengence ,had no empathy or sympathy so K&P and TMIB were strictly expected to “tow the line”? Deliberately chosen to obstruct ,stagnate ,prolong the timescale of the CC ,in order to “maximise effects of the traumas” we have been subjected to ;”shelved the CC” for ever ! K&P has deliberately mislead and go through the uncertain TMIB ,in breach of their duty to clients.

Otherwis with K&P’s own admission; they predicted it would have taken maximum 4 years for the courts to reach a final verdict; to award compensation.

What is more ,extra advisers were hired at extra expense to compare “UK IT graduate earnings” ,would not be needed. Extra costs imcurred ,delayed arbitration. K&P’s lack of sensitivity ,outrageous ,unexpected hostility was to ask us for “burial receipts and son’s UK ID Card!!! ,or Turkish ID ,proof of adress “irrelevant details would not be taking extra time.

Neither would DAS , IM pledge to us “the promised 3 month CC settlement ! It was K&P’s cheaper alternative “deadlock route” through TMIB that has ruined the timescale ,played havoc with our health ,debased living standards for 13+ years.

DAS and fund-managers IMS “to finalise + settle compensation claim ,will take 2-3 months through TMIB ?”

Bertan Mustafa Hajiahmetoglu d.o.b. 31/08/1992 ,19 years old ,buried our only child on 12/07/2010 ; exasperated with travel to Turkey for hearings , hired 4 lawyers ,now 13 years on ,8+years of court proceedings/correspondence ,health ruined ,bloodline cut off, as “parents” in 60’s we “want to get on with what is left of our lives” .K&P as Agents in Turkey -accident ,we stay in Marmaris – fees were paid in €  in advance by fund admin.Irwin Mitchell solicitors ,Compensation Claim lodged through TMIB ,the cheaper route ,preferred by those “who can not afford legal fees” in contrast to “through the courts” route . Nov. 2016-All 3 promised 3-4 months to finalise CC through “The Green Card Scheme” cover , TMIB, when £Stg. exch. rate @ 4.0TL , mis-guided CC settlement 136 months on ,waiting ! “TMIB excuse” son’s IT earnings in UK “disputed” ,so UK advisers hired ,but “earnings issue” Not dealt with as expected The CC is loosing with constant TL devaluation with no end in sight  ,for whose benefit ? The yDefendant’s ..18 month sentence deferred 5 years “as it will affect his future” Ours destroyed for 3 generations by politics ..now £ @ 8.35 TL ,Claim is over 108 % devalued ,Exch. will be worthless ! Offered to request Help with the “UK ,IT graduate professional earnings issue” from Brunell Uni., accepted son, with “distinction in 8 subjects” to study IT ,we will make a donation to Brunel Uni.. low IT graduare earnings offered in Turkey need not be considered.

The history of delays ;we initiated proceeding with the Compensation Claim (CC) that we asked to continue with our criminal lawyer Mr.Yuksel Donmez.-emails attached- in 2012. Not Until the  deadlock of negotiations ;spent considerable  time in meetings, translations for  months , IM Laura Calder’s explaination of this was too late; as offered %15 of CC settlement !

“A client can not ask for CC  Agents to be appointed” a result of this unexplained   “principle” our criminal lawyer’s unpaid ,had waited for 3 months ; the time I spent translating to both sides ;time wasted ,affected criminal lawyer’s attitude so we had to find another, more effort ,pain ,expense was avoidable ..;years and years of waiting after final court  decesion of 07/01/2016.

We disagreed with this course of action,from the beginning as through the courts is the normal course in CC’s and payment of fees should have been paid after the settlement!

We trusted ,believed in DAS , Irwin Mitchell Solicitors (IMS) as “Fund Admin”; both promised “3 month ,economical route

through The Green Card Scheme cover , Turkish Motor Insurance Bureau (TMIB) quick settlement” ,inspite of our objections /reservations ; compensation through the courts ; a quicker , better option. Since July 2015 No notable progress reported.

No News of promised “3 month settlement” !

Previous DAS contacts : Mr. Simon Hembra ..Senior Claims Handler 2 ..fund admin. -Barclays and Halifax Cover -Claim -IMS :Debbie Manders and Senior Partner Mr. Philip Banks ,their Istanbul Agents  Kaya & Partenrs (KP) ,their €42K fees paid in advance; In contrast The Turkish Bar Ass.advised chargable fees for CC ,is considerably less than the charged €192-ph !

For Ex. Fees chargable by our 3 lawyers ,for the 6 years ,21 court proceedings ,court deemed TL 1800 fees were fair. The settlement and promised deadline  commitment from DAS +Fund Admin.IMS ,their agents K&P we have not heard

Please check with agents ,as this Case is not being dealt by the courts ;

-left to the initiative of Turkish Motor Insurance Bureau(TMIB), joint decesion of All 3 parties:

DAS as “Legal Expenses Policy”  insurer, IM as “Fund Admin.” and  agents K&P have ill-advised us

CC case will be concluded in 3 months through TMIB ,rather than take years in courts. 

2 years after “requested documents” were submitted “K&P asked for receipt of the funeral cost of transport and cost of the burial and gravestone laid on our son’s grave ! Total lack of empathy ,professionalism ,inefficiency at best. We submitted documents ,not been checked ,sent through IM in March 2017?

K&P, their €42K fees paid “in advance” in July 2015 , settlement being prolonged with The Green Card Scheme cover , TMIB ; “UK IT graduate “projected UK IT Graduate earnings” investigation”; We were informed by IM that UK adviser on this issue was appointed to resolve this !

The same earnings issue stagnated the CC process ,file continues to be in storage ,while the £Stg.exch.rate for TL was around 4TL ; any compensation amount will be rendered worthless with the TL.what is the excuse now? All 3 promised ”  2-3 month TMIB settlement ” …3+ years on  (now 7 years on) “in waiting” , constantly reminding all 3 parties of TL de-valueation ,£ Stg.@ 3.90 TL when fees were paid now exchange rate £Stg.@ 9.50TL  ,%further delays (- 35.60 TL =£Stg. Exch. rate now :November 2023 ) CC Settlement amount will be “worthless ” , benefitting the Defendant !

We do not accept this as fate; “late justice is no justice” ;for us actions of all 3 parties should have resolved this CC. We have been “confidence tricked” ;misguided ,hopeless ,endless grief ,postponed indefinitely; 13+years ,never ending trauma in our late years !

CRIMINAL LAWYER’S EMAIL TO IMS:

From: yüksel dönmez [mailto:avyukseldonmez@hotmail.com]
Sent: 04 June 2012 09:28
To: Laura Calder
Subject: RE: Bertan’s Case -Compensation claim hourly rate legal charges

Dear Laura Calder,
Thanks for reply and confirmation.
I am grateful for your kind assistance; the acceptance of legal charges to continue to work with yourselves and Irwin Mitchell Solicitors in the trajic case of Bertan Hajiahmetoglu.
Hajiahmetoglu’s being Turkish Cypriots do not need “residence permits” to reside in Turkey ; benefiting from paying a lower deposit for the compensation claim to the courts -in other words ‘qualifying residence’ requirements are not needed for the court fees for this application-otherwise court fees are higher for foreign nationals.
I am enclosing the invoice for  TL6900 advance deposit for the compensation claim and Expert Reports fees to the court . When submitted there will be a tax of 18% on top of this amount. Please inform if the format of the invoice is acceptable.

We have a website. We have asked the court to seek assistance from BMW Service in Turkey ; if they can  give an estimate of the speed of the BMW from the accident file police BMW photos.
Please inform if you have any insurance damage assessors /contacts to help with this issue.
Expert Reports have estimated speed of 79.5 kmph for the driver but witnesses have said it was more like 140 kmph !

The 50-60 kmph speed claims of the Defence would be invalidated.   

Two hearings are lined up for 6th July and 28th September. 2012
Yours sincerely
Yüksel Dönmez

Attorney at Law

From: Laura.Calder@IrwinMitchell.com
To: avyukseldonmez@hotmail.com
Subject: RE: RE:Bertan’s Case -Compensation claim hourly rate legal charges
Date: Thu, 31 May 2012 10:37:15 +0000 

Dear Mr Donmez,

Thank you for your email. I note that you state that Mr Hajiahmetoglu resides in Turkey but I just want to check that you are aware that he has a domicile in London, England. 

I shall contact my client’s legal expense insurer to confirm that the payment terms are acceptable to them so that we may proceed.  Could you please send me an invoice for the deposit of 6,900 TL required? I look forward to receiving the same. 

Kind regards

Laura Calder

Solicitor

Aviation & International Travel Litigation

For and on behalf of Irwin Mitchell LLP

31 Temple Street ,Birmingham B2 5DB

Phone: 0121 214 5456

Fax: 08701 973 517

Email: Laura.Calder@irwinmitchell.com

Website: www.irwinmitchell.com

For information and advice on travel related issues, our areas of expertise and consumer support groups, please visit our specialist website www.holidayclaims.com and follow us on Twitter @Holidayclaim

From: yüksel dönmez [mailto:avyukseldonmez@hotmail.com]
Sent: 16 May 2012 12:53
To: Laura Calder
Subject: RE:Bertan’s Case -Compensation claim hourly rate legal charges

Dear Laura Calder
Thanks for the legal costs issue clarification.
In the Turkish Courts Bertan’s parents can lodge compensation claims of  200 000 TL each, Total:400 000TL
For the Compenastion Claim to be lodged at the COURT a deposit of 5900 TL (0.059 % of claim ,the parents reside in Turkey so the amount is only quarter of the normally charged 23600 TL) plus 1000 TL  for Expert Report file costs etc.Total 6900TL to file the Compensation Claim ;6 hours would be needed for the preparation of the case. My hourly rate for legal work is £100- per hour. During the compensation claim period, the legal fees/costs will be billed per quarter as requested.
There will be about 3 or 4 hearings per annum. 
I hope this clarifies the legal costs issue and thank you for your time and kind attention.
Yours sincerely,
Yüksel DÖNMEZ

Attorney at Law
 

From: merve@kayapartner.com

To: bertan1991@hotmail.com

Subject: RE: The latest developments in the case of Bertan Mustafa Hajıahmetoglu

Date: Mon, 26 Oct 2015 16:17:59 +0200

Dear Mr. Hacıahmetoğlu,

Thank you for your email below.

I am waiting for Irwin Mitchell’s comments about sending a warning and request letter to TSSI. I also sent a reminder to Debbie Manders.

I understand you asked estimated damages for moral damages. We will claim 100.000-TL for you and 100.000-TL for Mrs. Hacıahmetoğlu. But probably judge will award less than this amount because of the degree of the fault of the parties.

We do not have any table or scale for moral damages, it is at the discretion of the court.

As you aware, the driver has a Dutch insurer for compulsory automobile liability insurance. That is why Turkish Motor Ins. Bur. will be one of our defandant as representative of RDW Insurance company (insurer of the defandant). Due to these reasons the case will be handled by İstanbul Civil Courts.

I suggest you to consider again to send a warning and request letter to TSSI to see what they will pay us for your and your wife’s damages. In some cases, we collected more money more that court verdict.

Regards,

Av. Merve MÜLAYİM BİRCAN, LLB, LLM

Attorney at Law

Kaya & Partner

Hukuki Danışmanlık

Rechtsberatung – Lawyers and Consultants

Şehit Muhtar Cad. 28/4 34437 Taksim – İstanbul

T.: +90 212 238 83 07 F.: +90 212 238 07 17

http://www.kayapartner.com/ merve@kayapartner.com

From: bertan1991@hotmail.com

Subject: RE:”Minimalist,quick,cheap” compensation in the case of Bertan Mustafa Hajıahmetoglu Not Acceptable

To: merve@kayapartner.com

Date: Tue, 27 Oct 2015 01:18:09 +0000

Dear Merve Mülayim Bircan,

Thanks for the late reply.

It has taken 6 weeks! We do not find this approach “professional”, in the legal profession ,especially when you gained your legal qualifications in The UK !

A reminder about previous claim negotiations in this case;

When Irwin Mitchell solicitors negotiated The Compensation Claim (CC)with our previous lawyer Mr.Yuksel DONMEZ,in 2013 (it is in filed in detail with Irwin Mitchell Solicitors) the amount was £70K for mother and £70K father !In total amount of today’s TL 650K

We are devastated ,disappointed with this minimalist,…..quick approach, in light of the fact that the previous lawyer Yuksel DONMEZ would have charged £100-per hour to take the claim to court and

Yourselves as appointed agents charge €192- per hour,…..

…-rates are HIGH by the STANDARD The Turkish Bar legal fees charged…most lawyers will agree to a percentage of the CC plus court fees +out of pocket expenses….

Another IMPORTANT factor WITH THIS CLAIM; As devaluation in the TL continues,

TO CLAIM ..TURKISH LIRA 100K each ,Totals £35K (By the time TL it is paid ,will be devalued by another 50%) PROBABLY £20K COMPENSATION FOR OUR ONLY CHILD/…. 19 YEAR OLD …..SON’S LIFE ?

If you consider this to be “reasonable” You have no sense of “empathy as parents” for us….

We feel and expect a CC to be lodged in the courts .

This is the expected action we have been led to believe by our 2 insurers!

THE ACTUAL AMOUNT , PLUS “SPECIAL DAMAGES” WE HAVE BEEN LED TO BELIEVE !

You consider this amount as ” reasonable compensation” ?

5+ years of painful depressive effort ,spent hours keeping in line with the policy to translate ,comment ,inform Irwin Mitchell solicitors of every development in the legal proceedings !

We have spent more than this amount trying to get “justice in the past 5+ years “, with flight tickets ,hotel bills at the 1st hearing, had to drag Bertan’s 80+ years old grandmother with us as we “care” for her,had to buy a flat to follow the legal proceedings ,5 years travel from The UK to Turkey to attend court hearings ,brief lawyers ,write to authorities, plus telephone bills,legal bills, lawyers, photo copies of files -copied 5 times – of the 2 different court hearings..!!! WE ALL FEEL ” WASTED ” WITH THIS LOW ,LOW CLAIM Proposal. THIS OFFER is NOT ACCEPTABLE ,

plus WE ARE SUPRISED …”SPECIAL DAMAGES”..IS NOT IN YOUR Agenda AT ALL! …..

HENCE THE ARGUMENT ,YOUR CLAIM THAT %90 OF WHAT THE COURTS WILL DECIDE , WILL BE PAID WITH THIS “QUICK, GREEN CARD COMPENSATION CLAIM” IS NOT VALID !

The devalued TL has reduced the CC amount in Pounds Stg.by 1/3 !

The 5+ years that we have tortured ourselves trying to get justice!

We might as well ask IM who administer the funds for this legal process, why they did not appoint lawyers previously, led us to believe ,they would pursue a our claim in the courts ,now why did they wait 5+ years to “drop the Green Card Scheme” that Yourselves did not mention either, until recently; “minimises” The CC ! What brought New discovery, Surprise action ?

Is This is what we expect from you ? …! A quick, minimalist approach, through the Green Card Scheme ,geared to Turkish law ,where if fatal ie.lives lost ,compensation are almost “worthless “!

A “petty” amount in Turkey and an “insult” , in the UK, amounting to some £20K for a successful, academically brilliant ,young man’s life ,who had everything to live for realistically with a potential to earn Million Pounds in his working life !

The joy and the moral support we have been deprived of ,never mind the pain ,the ILL HEATH that we have suffered as a result of the injustice ,the trauma, destroyed quality of life ,the past 5+ years in the courts has taken its toll on us!

As you are aware Bertan Mustafa was our only child, the killer has destroyed our lives, especially in light of the injustices from the beginning with the authorities denying us investigation into the witnesses claims ,we are disturbed by the fact that he has deliberately targeted and killed our son, destroyed our lives, our dreams and bloodline. The authorities siding with the murderer, through the 5+ years of search for justice has taken its toll on Bertan ‘s grandmother who raised Bertan from birth to almost 19 years. He has been killed ,not by accident ,deliberately ,his grandmother (twice a refugee in Cyprus -1963 and in 1974 ) was so traumatised ,has never put her to a pillow and slept since ; cried every night and collapsed on her knees and fell asleep. She is in hospital at the moment , has been diagnosed with “terminal cancer”and may have only a few days left! The lives of 3 generations of have been destroyed by the Greek Cypriots who generated the problem in the first place!

And shamelessly continued to embargo our lives,as we complained about their “racist hate campaigns”in The UK ,the North London area we live in. Therefore we expected the CC to be lodged as we were in Turkey.

Solicitor Debbie Manders dealing with this case informed us Irwin Mitchell solicitors had settled the initial legal bill for Merve Mülayim Bircan lawyers in mid July ,we heard about this 6 weeks later ? Why no information , no action?

As per initial offer from Irwin Mitchell Solicitors and as appointed legal agents Merve Mülayim Bircan as lawyers to act in our best interest ,to lodge claims in the courts for realistic sums such as £100K for each parent..

We refuse TL100K each and will inform our UK bankers /2 insurers for clarification and complain to The Financial Ombudsman at the next stage.

Yours sincerely

Leman/Ahmet Hajiahmetoglu

Sent from my iPad

Sent from my iPad

Begin forwarded message:

From: Ahmet Hajiahmetoglu <kapizan1954@hotmail.com>

Date: 8 July 2018 at 04:23:08 EEST

To: Ahmet Hajiahmetoglu <siteler120710@icloud.com>

Subject: FW: 29 /01/2016 tarihine kadar ,B.M. Hacıahmetoğlu Tazminat dosyasını mahkemeye ibraz etmeyecekseniz , “azilname” ile size 6 ay önce verdiğimiz vekaletnameyi bozacağız!

Sent from Mail for Windows 10

Ahmet Bey,

Bize yönelik kullandığınız cümleler suç insat eden cümlelerdir öncelikle bu konuda sizi uyarmak isterim.

ikinci olarak, biz kimsenin işini sallantıda bırakmıyoruz. Siz bize vekalet verdikten sonra ceza davasının dosyasını bile bir buçuk ayda ancak alabildik. Marmaris ve İzmirdeki avukatlarınız bize bu konuda yardımcı olmadılar. Ceza dosyasını inceledikten sonra sigorta poliçesini gördük ve yabancı bir sigorta şirketi olduğunu anladık. Bundan sonra hem size hem de Debbie Mendars’a bir mail attık. Alternatif olarak sadece ihtarname göndererek tazminat davasında almayı beklediğinizin çok çok üzerinde bir tazminatı 2-3 ay gibi kısa bir sürede alabileceğnizi belirttik. Öte yandan tazminat davasının sonuçlanması 2-3 yılı bulacak. Bir de Yargıtaya temyiz için giderse 2 yıl da onun için bekleyeceğiz. Motorlu Taşıtlar Bürosundan alabileceğiniz tazminat hem maddi hem de manevi tazminat olacaktır. Manevi tazminatı mahkemede isteyeceğimizden daha yüksek isteyeceğiz. Maddi tazminat ise bilirkişi tarafından hesaplanacak. Alacağınız toplam tazminat tutarı belki de 500.000-TL’yi bulacak. Bu miktar sizce az bir miktar mıdır?

 Ceza davasındaki bilirkişi raporlarında Bertan’a birinci derecede kusur yüklendiği için tazminat davasında da bu dikkate alınacak ve hem maddi hem de manevi tazminat miktarlarından indirim yapılacaktır. Bunu size geçen ay beni telefonla aradığınızda da açıkladım.

Bunun dışında, hem telefonda hem de emaillerimde Irwin Mitchell’dan haber beklediğimi defalarca size bildirdim. Lütfen gönderdiğim emailleri kontrol ediniz.

SON OLARAK, BİZE GÖNDERİLEN PARA IRWIN MITCHELL’DAN GÖNDERİLDİ VE HALEN HESAPTA EURO OLARAK KORUNMAKTADIR. IRWIN MITCHELL DOSYAYI BIZDEN ALIRSA YA DA HERHANGI BIR ŞEKILDE PARAYI IADE ETMEMIZ GEREKIRSE DERHAL IRWIN MITCHELL’A IADE EDERIZ.

BIZIM HUKUK BUROMUZ 20 YILA YAKIN TAZMINAT DOSYALARI ILE ILGILENMEKTEDIR. BUGUNE KADAR HICBIR PROBLEMLE KARSILASMADAN DOSYALARIMIZI SONUCLANDIRDIK VE SONUCLANDIRMAYA DA DEVAM EDIYORUZ. HICBIR MUVEKKILIMIZ BIZI MAHKEME MASRAFLARININ FAIZINI KULLANMAK YA DA KUR FARKININ UZERINE YATMAK GIBI AGIR ITHAMLARLA SUCLAMADI.

Bugüne kadar Debbie Menders’a bize bir karar iletmeleri konusunda sürekli olarak email gönderdim ancak kendisi sigorta şirketlerinden haber bekledğini söyledi. Bu aşamada sigorta şirketinin onay vermediği bir işlemi yapmam mümkün değil.

Bu sabah Irwin Mitchell’a yine mail gönderdim. Haber bekliyorum.

Dilerseniz kendileri ile tekrar görüşün.

Av. Merve MÜLAYİM BİRCAN, LLB, LLM

Attorney at Law

Kaya & Partner

Hukuki Danışmanlık

Rechtsberatung – Lawyers and Consultants

Şehit Muhtar Cad. 28/4  34437 Taksim – İstanbul

T.: +90 212 238 83 07 F.: +90 212 238 07 17

http://www.kayapartner.com/  merve@kayapartner.com   

—–Original Message—–

From: Ahmet Hajiahmetoglu [mailto:kapizan1954@hotmail.com]

Sent: Thursday, January 14, 2016 4:21 PM

To: Av. Merve Mülayim Bircan & KayaPartner

Subject: Re: 29 /01/2016 tarihine kadar ,B.M. Hacıahmetoğlu Tazminat dosyasını mahkemeye ibraz etmeyecekseniz , “azilname” ile size 6 ay önce verdiğimiz vekaletnameyi bozacağız!

sayın Merve Mülayim Bircan

Cevabınızda bekleme talimatı aldığınızı ,durumda değişiklik olmadığını teyid ettiniz.

“Menfaatlerimize karşı” saydığımız ,yapılanlara “itiraz”  hakkımızı Baroya şikayet etme hakkımızı hem burda hem UK’de kullanacağız!

Sizden beklenen değil “talimata bağlı ,bize karşı” tutumunuz, olumlu ve makul değil.

Bize “acente”  olarak sizleri önerdiklerinde ,maksadınızı açıklayıcı bilgi gönderdiniz.

6 aydır yazışmadan öteye bu davayla ilgili bizim için ne yaptınız?

Aynı durum Irwin Mitchell’e 5.5 yıldır devam ediyor. Sizler profesyonel hukuk büroları.

Bizim zamanımızı değersiz kılıp, ömrümüzü boşa mı harcatıyorsunuz ?

Bize yapmayı taahüt edip, güvence verdiğiniz için sizlere Noter’den Türkiye’ye ayak basar basmaz 11/06/2015’te , 6 ay önce ,Tazminat Davası açmanız maksadıyle vekaletname verdik.

Bize İrwin Mitchell solicitors talimatıyle “sebepsiz beklettiğinizi” şimdi bildiriyorsunuz! Bu durumun sürdürülemez olduğunu kabul ediyor musunuz?

Debbie Manders’e de duruma çözüm getirip, düzeltmelerini, itirazımızı bildirdik.

Sizin faturanızın ve Tazminat Davası için mahkemeye yatırılacak harçların hesabınıza “Pound Sterling”, döviz olarak  Temmuz 2015 ortasında ,(o zaman £Stg. : YTL kuru 4.12 şimdi ise 4.37 civarında ) Irwin Mitchell solicitors tarafından yatırıldığını dosyamızla ilgilenen avukat Debbie Manders bildirmiştir. Bu ödemeleri alalı bize bildirmediğiniz gibi gerekeni de telefoniyen  ve email ikazlarımıza rağmen “bekletip,dondurup” birşey yapmadınız.

Haziran’da ,başından bize açık ,açık bildirmeniz gerekeni şimdi bilgimize getiriyorsunuz!”

Yeşil Kart Sistemini “alternatif”olarak baştan önereydiniz size vekaletname de vermezdik.

Şimdi sizden “talimat almıyoruz ” diyorsunuz. Bizim itirazımız size ,sizi acenteleri olarak bize öneren “sigorta fonu yöneticisi”  Irwin Mitchell hukuk bürosunadır.

Bundan dolayı bu gönderilen döviz meblağ ile 6 aydır ne yaptınız? Dava için birşeyler yapmadığınızı, acente olarak “bekleme talimatı aldığınızı” siz şimdi doğruladınız.

29 Ocak tarihine kadar mahkemeye Bertan Mustafa Hacıahmetoğlu davasından doğan Tazminat Davası dosyasını mehkemeye vermeyecekseniz, “azilname” ile sizlere Haziran 2015’te verdiğimiz ,”dava  üzerine  Irwin Mitchell’in talimatıyla dondurduğunuz” vasiyetnameyi iptal edeceğimizi bildiririz.

“Sallantıda  bırakılan” bu durumu Irwin Mitchell solicitors’de dosyayla ilgilenen Debbie Manders’ e de bildireceğiz.

Bilginize

Leman/Ahmet Hacıahmetoğlu

Sent from my iPad

On 07 Jan 2016, at 15:17, Av. Merve Mülayim Bircan & KayaPartner <merve@kayapartner.com> wrote:

Mr. Hacıahmetoğlu,

I understand your lost and I totally respect your suffering but you’are going too far. What do you mean by saying “your are sitting on the court fees”.

You need to understand that we are instructed by Irwin Mitchrllnv not by you. Accordingly, I cannot act without Irwin Mitchel’s instruction. They told me to wait.

Please stop insulting us!!!!

I will not be so kind next time!

Av. Merve MÜLAYİM BİRCAN, LLB, LLM

Attorney at Law

Kaya & Partner

Hukuki Danışmanlık

Rechtsberatung – Lawyers and Consultants

Şehit Muhtar Cad. 28/4  34437 Taksim – İstanbul

T.: +90 212 238 83 07 F.: +90 212 238 07 17

http://www.kayapartner.com/  merve@kayapartner.com   

Original Message—–

From: Ahmet Hajiahmetoglu [mailto:kapizan1954@hotmail.com]

Sent: Thursday, January 07, 2016 2:40 PM

To: Av. Merve Mülayim Bircan & KayaPartner

Subject: If you have no intention to lodge the Compensation claim through the courts and use the fund ,’Court fees’ and your initial bill already paid to your firm mid July 2015 by the “Fund Administrators” Irwin Mitchell solicitors;

Dear Merve Mülayim Bircan ,

We attended The court hearing today, the court’s decesion is as follows;

T.C.MARMARİS 2.ASLİYE CEZA MAHKEMESİ

FILE NO:2014/187 Esas.   ,  DATE OF HEARING :07/01/2016,     CELSE: 7

-The Defendant Serkan Çınkır found guilty ;2 years 6 months imprisonment,reduced by 6 months for “Good conduct”

however taking his past ,refrence from his contacts ,social circle and ‘good conduct in court’ ,1/6th reduction in his sentence ,

-the term of imprisonment have been reduced to: 2 YEARS, 1 Month,

-His driving licence to be revoked for -3 months-this period of time,

– he should pay the court expenses,-only 1900TL our legal fees to be paid by the assailant drunk driver Defendant

-you have 7 days to submit your objections to the court.

(Apparently “Defendant’s financial assets report” has not been received by the court)

As You are based in İstanbul, some 800km away from Marmaris where the accident happened ,the court  hearings are held ,where we live ,to follow these proceedings.

We pointed out this distance issue to IM solicitors ,then reluctantly agreed for you to “act for us” in our son’s fatal Compensation Claim.

As ‘appointed Agents in mid-June 2015’ for the 2 funds of our 2 Travel Insurance Policies , we trusted yourselves on the advice of IM to protect our interests;

6 months later we are still waiting for the CC to be lodged through the Courts while;

You are sitting on “court fee funds ” but not “using it for the intended purpose as promised”,

June 2015  we sent  “Power of Attorney”, Cost -122.79YTL  ,

AND  the effort we made for sending you copies of the 2 case files – cost 250 YTL

that you promised to pay to lawyer İbrahim Uğur Güreşçi but didn’t keep your promise.

-the cost of attending these hearings over the past 5.5 years is enermous,flying from London to Dalaman always around the court calender ,having had to purchase a flat to live in ,to engage lawyers ,follow the proceedings and have paid around 2000 YTL for copying of the various case file documents.

As distraught parents who lost not only child ,but health ,we have been devastated ,deeply disappointed to find your ” alternative proposed GCCS (Green Card Compensation Scheme) to be “de-meaning our efforts to get justice/only child’s life. The amount of compensation YTL 100K,defeating the intended purpose in this long legal stance that has ruined our dreams, future hopes, lives and health.

We feel we we have been led through the garden path”, “confidence tricked” on the advice of IM solicitors into giving ‘power of attorney’ !

You have failed to inform us of the payment you received on our behalf ,

You are holding onto the fund “illegally” ,we have been advised,

You have failed to inform us beforehand about your suggested option ,quick settlement alternative” ,the GCCS ,

You have had the “power of attorney” from us as parents.

You are sitting on the court fees”-with your initial bill paid

Your firm has come up with an ‘out of the blue ,hat trick” as if we did not know this ” free, low level compensation” a solution for plaintiffs with “no funds to engage a lawyer and pay the court fees”.

You proposed us NOT TO USE THE FUNDS AVAILABLE AT YOUR DISPOSAL ,

INSPITE OF THE 2 Travel Insurance Policies THAT cover us for legal expenses.

As per policy conditions ,we have kept Irwin Mitchell (IM) solicitors informed for 5.5 years ,”painfully Updated with “time consuming translation of some 500 man hours of the court hearings ” from Turkish to English ;

Paid for some reports to be translated as it was very painful for us ;with the

added extra pain ,three years after the accident in 2013 our request to IM to engage our criminal lawyer Yuksel Donmez acting for us at the time,to start the CC in the courts .

IM ,initially agreed  and after months of translation /correspondence “did not appoint the criminal lawyer”, informed us “Clients can not choose our agents in Turkey”

This last minute “unexpected negativity” exasperated us, deteriorated our relationship with our lawyer (spent months negotiating fees ,preparing invoices ,emails translated – a time wasting exercise for both of us – with No Results .

After this time wasting exercise ,the lawyer’s ” good will” withered away ,we had to find “another lawyer”  to continue with the criminal case!

The accident was on 12/07/2010 ,after 5 + years We ask for a solution to this ” dead-locked issue” of starting the long overdue, legal process in the courts as intended either with your agents or if they are intent on “sitting on the funds” ,

for IM to appoint Agents in Turkey who are in Marmaris, where we live ,the criminal proceedings have been heard ,will ‘take our instructions’ as clients ,being our legal right  as covered by the two Travel Insurance policies.

We contacted yourselves by phone and email but you will not take Our “instructions”!

Lawyers have not been appointed  in Marmaris to start CC proceedings in court;

Therfore we are asking IM to appoint lawyers locally whom we can personally talk ,interact with ;

Request ” the power of attorney” to be returned to us ;

The funds you are “holding in trust” to be returned to IM

The Euro € 192.50 per hourly rate you are charging ;as agreed by the Bar Association for the  “Travel Insurance Companies” are “very high legal fees for such CClaims in Turkey” ,inspite of this you have failed to take our instructions the past 6 months ,unduly increased our frustration ,already exasperated ,stressed out for 5.5 years after the loss of our only child as distraught parents leaving us “in Limbo”  for six months  (too late ) with no excuses, how can we trust you to start work on our CClaim ?

Now that the court has today “sentenced the Defendant” we consider further delays inhuman, unethical ,unprofessional and cause for “complaints” to regulatory bodies.

Yours sincerely

Leman/Ahmet Hajiahmetoglu

07/01/2015

copy to : Debbie Manders at Irwin Mitchell Solicitors

On 26 Oct 2015, at 13:17, Av. Merve Mülayim Bircan & KayaPartner <merve@kayapartner.com> wrote:

Dear Mr. Hacıahmetoğlu,

Thank you for your email below.

I am waiting for Irwin Mitchell’s comments about sending a warning and request letter to TSSI. I also sent a reminder to Debbie Menders.

I understad you asked estimated damages for moral damages. We will claim 100.000-TL for you and 100.000-TL for Mrs. Hacıahmetoğlu. But probably judge will award less than this amount because of the degree of the fault of the parties. We do not have any table or scale for moral damages, it is at the discretion of the court.

As you aware, the driver has a dutch insurer for compulsory automobile liability insurance. That is why Turkish Motor Ins. Bur. will be one of our defandant as representative of RDW Insurance company (insurer of the defandant). Due to these reasons the case will be handled by İstanbul Civil Courts.

I suggest you to consider again to send a warning and request letter to TSSI to see what they will pay us for your and your wife’s damages. In some cases, we collected more money more that court verdict.

Regards

Av. Merve MÜLAYİM BİRCAN, LLB, LLM

Attorney at Law

Kaya & Partner

Hukuki Danışmanlık

Rechtsberatung – Lawyers and Consultants

Şehit Muhtar Cad. 28/4 34437 Taksim – İstanbul

T.: +90 212 238 83 07 F.: +90 212 238 07 17

http://www.kayapartner.com/ merve@kayapartner.com

——-Original Message—–

From: Bertan Hajiahmetoglu [mailto:bertan1991@hotmail.com

Sent: Sunday, October 18, 2015 7:22 AM

To: Av. Merve Mülayim Bircan & KayaPartner

Subject: The latest developments in the case of Bertan Mustafa Hajıahmetoglu

Dear Merve Mülayim Bircan ,

I hope all is well with you and briefly asking for a reply to the email we sent a month ago ……asking for news /developments on the Compensation Claim – “special damages” on the case. Have you appointed “your associate” lawyer to work with and lodged the claim in the local court of Marmaris as informed before.

Now we are in the UK. Have you compiled the file , “the documents” listed as “needed for the claim” ,mentioned in your previous email ? Awaiting your reply,

Yours sincerely,

Ahmet/Leman Hajiahmetoglu

Membership:E900400964

RE:Excessive (Bmerc Garage -Barnet ) charges -demand; £2600-

18/09 non-runner ,relayed to garage ! Nissan Q.2019 diesel “not as described”

“won bid” from Copart.UK auctions £8200 incl.del. My Complaints disregarded !

Garage would Not give estimate,proposed to fit used engine cost £1800-expensive!

I bought used engine from eBay ,£1325-delivered. Week later garage informed;

“Dual Mass Flywheel”(FW)needed! Asked bto buy “rigid”FW only for £300-

I got rigid FW + Clutch kit £239- gave to garage; found engine taken out ,in bits.

Garage owner + mechanic went abroad ,return 15/11! Asked I need old engine + parts !

Fitted :new Timing Belt, Water Pump, replaced engine, finished repairs 07/12.

Demanded £2600- payment! No itemised Bill ,Claims;charged 2 days instead of 4 !

RE: Bill for repairs -Nissan Quashqai ;Reg.No:RF19VEX 2019 1.5dCi

18th September Nissan Q. ,non-runner, asked Bmerc garage owner Mr.Ercan Osman

-local ,in Barnet to send a mechanic to check the conditon. Response

~negative ,”do you have recovery? send the car to garage ” ,I paid £80- charge for

Recovery. Asked for the bill to be given to garage ! I had a cold ,did not go to the garage!

Week later, I phoned “engine has water in it”,needs another engine! I asked for estimate price

if engine can be suplied by garage ,informed a week later “found used engine £1500- plus

£300 VAT : total price £1800~I said allow me to check! .Bought used engine with 31K miles

for £1325-03/10 delivered to garage! Asked price of repair ! No reply !No help to facilitate repair ,

reduce costs Had I been told when ordering the used engine, taken out from breakers yard ,

they would have included original dual mass flywheel on the engine; as a Week later ,Iam told

“needs new dual mass flywheel, not in stock at main dealers ,costs £700+needs to be ordered;

but garage can order a “rigid flywheel” for £300- ! Expensive ,so I searched +found

“clutch kit with rigid flywheel £239-” ,from EU !a week to be delivered to my home.I took it to

garage and Explained to manager Mr.Cavid ;”please keep all parts from this job,as I need them

for litigation!'( Copart auctions listed condition as “minor dents,scratches, normal wear and tear”-

had hidden the fact it is a non-runner with major engine fault !)Iam Told “Owner + Mechanic went

on holiday,”mechanic will return 15th November, when he returns will take a couple of hours to

complete repairs.I emailed asking for repairs estimate bill ! No reply . 7th December “car is repaired !

’49th day” my neighbour ,regular Bmerc customer for 20 years Mr.Mehmet Emin , went to garage

to enquire ; told “half price charged” ! to replace supplied engine I to replace engine it with new

flywheel ,clutch kit :garage ordered + fitted new :Timing Belt ,Water Pump !

Parts I supplied; used engine ,Clutch kit with rigid flywheel ! Repairs completed, tested !

Car delivered to driveway ,Thanks !

Need itemised bill, with labour costs as in the Trade for a specialist garage.

**** 80 Day engine replacement by Bmerc Garage-High Barnet ****

18th September ,Copart Auction ,not as described ,non-runner ,Nissan Q ,I asked Bmerc owner Mr.Ercan Osman to send mechanic to check out the faulty engine. Wanted the car relayed to garage !

Recovery charged £80- ,I asked to drop bill to the garage. “Engine has water in it”

Week later Bmerc proposed to fit ‘used engine’-cost £1800- I Asked his labour

charge ,He Said “Do not know at that stage”.I had a cold, did not go to garage !

I bought used engine ,31K miles on the clock,from -eBay ,£1325-,delivered 03/10

Week later garage informed; “Dual Mass Flywheel”(FW)is faulty ,new one needed!

Had I been told I would have bought the engine complete with flywheel, as engine was

taken out by the breakers from a salvage car ,that would have saved time and money !

Mr.Ercan proposed to buy “only rigid flywheel”(FW) for £300-” as ‘dual-mass’

costs £700+,in short supply + has to be ordered from Nissan main Dealers.

I bought the rigid Flywheel + Clutch kit £239- from EU on eBay delivered 29/10 + I

took it personally to garage; engine was taken out ,in bits. The manager Mr.Cavid said

“Mr.Ercan Osman ,The owner + mechanic had gonne abroad”.Repairs to wait their return!

Mechanic would return by 15th November. All the bits were there to finish it ,would take

two hours. I told the Manager Mr.Cavid “I need the old engine + all the used parts

from the car” as it may be necessary for proof in the court case with Copart Auction

I sent email asking again repair estimate :How much it would cost to repair my car?

No reply to my email. So I sent a text, asking for repair estimate! No reply !

Garage Ordered & Fitted :new Timing Belt, Water Pump.

Replaced the engine ,Clutch kit & flywheel I bought , informed had finished repairs 07/12.

My good neighbour Mr.Mehmet Emin, regular Bmerc customer for many years went to the

garage on 7th December, – 80 days later car brought back home, parked in driveway !

But waiting for itemised Bill ,so I can see what I have been charged for ? Mr.Mehmet Emin

said owner Mr.Ercan Osman told him ; “He has charged me 2 instead of 4 days” labour.

terziyski LV6

2021-11-26 08:10:54

Re:TP-Link Router as Access Point or repeat

@Sunny1978

Login VR600, set its LAN IP address to 192.168.0.1, enable its DHCP server (192.168.0.100-192.168.0.199) and reboot it.

Its SSID should be different than your main router so you’d know at any time to which router you’ve been connected.

RE: No price given for the job ,finished in 80 days -such a Time taken to “swap complete engine” on Nissan Q.

Bmerc Garage,

ATTN. Mr.Ercan Osman

Dear Mr.Osman,

I sent an email to you :” info@bmerc.co.uk” 12th December summirising the 80 !!! (( miscalculated ,Not 50 days) repair history ; another email sent on 25/11 ,No replies. I sent Messages on 29/09 , on 3/10 and 17/10 , No replies !

I asked for a Quote for the job several times on the phone to Yourselves ,to Secretary Miss Zehra , “The price for the engine replacement ?” ***No Quote policy*** continued ;declined , avoided to answer, changed the subject ,refrained from giving a price ! I am waiting your response now for reasonable charges ! So I can pay before Christmas.

My Good-Will ,ordered Amazon to deliver early Christmas Gift Box treat of 4 bottles of Whisky & Chocolates to your garage.

Quotes I have had for complete engine I bought from eBay for replacement + all parts fitted, some offer free recovery too;

£500- to fix car in my driveway -Mobile Mechanics and Tyres

COOMBE CARS LTD. £865 ,

M9C AUTO SERVICES £850 ,

TIMS AUTO SERVİCES LTD. £900,

LMS-14 £1150+

AM AUTOS £1125+

Quotes from” fixmycar.com” to finish in a short time;

BMerc has carried out at its own pace in -Recalculated Not 50 days but 80 days; I believed your charges are ” trade standard” and at some stage you will quote acceptable price for the job as a Specialist Garage !

Disappointed at Your style of mis-management !

If You are not adhering to “any motor trade standards /norms”, do you feel you have ” No obligation to quote” ?

No price , No job finish timescale” ; “Bingo” ! Charge twice, 3 times standard price after the job is finished !

Manager Mr.Cavid said “The mechanic’s gonne abroad ,will return from holiday on 15/12 (I saw the car left in bits )will return in 3 weeks ,will finish “engine replacement” in a couple of hours! From his return on 15/12 ,It took another 23 days !

I asked Mr.Cavid to keep all the “used parts and engine” as I may need to prove in court!

We looked for the Receipt from Recovery ,the Engine No of the Replacement engine ,as I have to inform DVLA.

The eBay Seller of the engine kept asking for Feedback as it had not been fitted and run! Is this acceptable standard ?

How can the timescale be stretched from 18th September for 80 days to 7th December ; I needed to use my car

Exasperated I had to fly abroad, rather than keep waiting , with No car to use !

Bmerc Garage -High Barnet finished “80 day engine replacement” ,now asking for £2600- !.

Engine Bought from eBay 1.5 dci Nissan Quasqai 2019 ,was “as described” in good condition ,engine started with no problems ,delivered quickly on a pallet on 03/10 to garage as requested.

But garage waited a week after engine delivery to inform me -Flywheel is faulty- !

Should have checked before engine purchase ,original “Dual Mass Flywheel” in UK is in short supply ,used part cost around £100-200 ,new cost £700+ has to be ordered from Nissan Main Dealers so cheaper alternative “Rigid Flywheel” is used instead .

So Ordered from EU on eBay “FlyWheel +Clutch Kit” complete £182- incl.Customs Clearence + import tax ,VAT £239-

Thanks to eBay ,otherwise sourcing car spares that fit is problematic !

Had Garage checked in time 18/09 to 25/10 car was in BMerc garage ,the FlyWheel could be bought on the supplied engine;

would have saved time and money.

Bmerc Garage -High Barnet finished ’80 day engine replacement”-engine I bought for £1325 from eBay ,now asking for labour, incl.Timing Belt, Water pump ordered by Bmerc: £2600- !. incl.fitting New Clutch kit I supplied,

Timing Belt+Water pump ,garage ordered/fitted.

Have had “fixmycar” 5 quotes from £500- to fix on my driveway, £865- to £1125+

Bought 1.5 dci Nissan Quasqai 2019 Engine from Copart it was Not “as described” ,a non-runner!

I bought an engine from eBay with 32K miles ,in good condition ,engine started with no problems ,delivered quickly on a pallet to garage as requested on 03/10.

Garage waited a week later to inform ~Flywheel faulty- ! Why Garage did Not check before engine purchase ,so that original “Dual Mass Flywheel” could be bought together ! Flywheel in short supply ,used one cost around £100-200 ,new cost £700+ has to be ordered from main dealers) , so cheaper alternative “Rigid Flywheel” used instead .Garage Offered to buy Rigid Flywheel only for £300- I searched ,Ordered from EU on eBay “FlyWheel +Clutch Kit” complete £182- incl.Customs Clearence + import tax ,VAT £239-Thanks to eBay ,otherwise sourcing car spares at the lowest price that fit Nissan Q is time consuming and problematic if parts do Not fit!

Had BMerc Garage checked ,original Dual Mass FlyWheel could be bought on the supplied engine; to save time and money.

£500- to fix car in my driveway -Mobile Mechanics and Tyres

M9C AUTO SERVICES £850 ,

COOMBE CARS LTD. £865

TIMS AUTO SERVICES LTD. £900

LMS-14 £1150+

AM AUTOS £1125+ to finish in 3 -5 days

22 Aralık 2023 -Kıbrıs Gazetesi’nde “Rum Basını” ,Larnaka Yüksek Mahkemesi ,AIHM haber olan av. Murat Metin Hakkı ,AIHM Sofi davasıyla ilgili olarak, %50 hissesine karşılık €200K tazminat alan Nejla hanım Nezire Sofi’nin görümcesiydi..

Omay hanım 1936 Lefkoşa doğumlu, Larnaka’lı Ziya Adnan Sofi ile evlendi; ne yazık çok genç yaşta motor kazası kurbanı oldu. İngiliz askeri kamyon ona çarptı. Merhum Nezire Sofi’nin kayın biraderiydi. Omay ,Nezire Sofi’nin eltisiydi.

Adnan Sofi ailesinin aynı sokakta merhum Ziya Adnan Sofi’nin ,büyük arsa üzerinde ,yarım ev hissesi Omay hanıma kocasından miras kaldı .%50 hissesi de kayınvalidesi , Leman Adnan Sofi’nin ,-1969 gibi rahmetli oldu- NEzire A.Sofi gibi mağdur olup ,kullanamadıkları gayrı menkuldu Omay Mustafa Gençsoy’un ,1974 öncesi BK’ta sürekli yaşadığı için ayni dava kriterlerden tazminat hakkı var. Sayın Zaim Necatigil ve av.Sülen Karabacak yardımcı olabilir.

Omay hanım 2. evliliğini Mustafa Zeki Gençsoy ile yaptı. 1960’larda Londra’ya yerleştiler ; BK’ta yaşıyorlardı .

Omay hanım 2015 yılında Londra’da rahmetli oldu.Lefkoşa mezarlığına gömüldü.

Eşi Mustafa Gençsoy -Şubat 1931’de Lefkoşa’da doğdu, uzun yıllar Londra Türk Dernekleri’nin -D’arblay Street ,Soho’da-Başkanlığını yaptı ; Korona Virüse yakalandı ,2021’de rahmetli oldu ! Vasiyeti üzerine eşinin yanına Lefkoşa’da gömüldü.

Mustafa Zeki Gençsoy’a hastalığı süresince bakan akrabaları Savaş ve Neşe Yaşin olmuş. Miraskerlerini araştırmak lazım!

Ahmet Adnan Sofi’nin amca oğlu Prof.Turgay Avcı’nın Güzelyurt’ta yaşayan annesi Güzide Mehmet Sofi’den ,Omay hanımın ilk eşi Ziya Adnan Sofi’nin 1.yeğeni olur -2 kardeş evladı -ailesi hakkında bilgi alabilirsiniz.

Bu bilgilerden yola çıkarak ,araştırmayla Lefkoşa’da kimler Omay – Mustafa Zeki Gençsoy’un varislerini olduğu bulunabilir!

V2KanliDere-OrtaQxw^

Mr.Ercan Osman,

Proprietor

Bmerc Garages Ltd.

*******HAPPY ,PROSPEROUS NEW YEAR ******

Since you did not give a fixed price for the work ,in order to ascertain a reasonable price

I asked 6 garages to estimate the cost of the work as follows;

-mobile mechanics & tyres £500 to do the work in my driveway;

M9C AUTO SERVICES : £850+

COOMS CARS LTD. £865

TIMS AUTO SERVICES LTD. £900

AM AUTO SERVICES £1125

LMS-14 £1150

I have given this list in my previos email for your consideration ,you have not replied.

No one wants a debt to be carried to the New Year, if you submit a reasonable bill ;

I am legally obliged to pay only a reasonable price for the work.

Your sincerely

Ahmet Hajiahmetoglu

Ne zaman adalet tecelli eder,kişiye göre hukuk var;

Ruhumuz soyumuzun devamını hayattan koparan ,oğlumun faili cezasını çekmeden rahat etmeyecek.

OLASI KASTLA YARGILAMA

I thank you for the final response.

However the summary of events that we have raised in DAS Complaints process, have not even been touched upon in your brief history of course of events .We have been left “high and dry” , keft for time to take its prolonged course ,have maximised its impact on our health and finances the past 13+years ! Compensation Claim (CC) is it a lost case ?

the client often comes to a lawyer with a clear view of the appropriate course of action. Here, of course, the best solution is a mutual discussion (possibly based on an advocate’s explanation of the legal background of the case), which should ideally result in a common view on the law point of view of the case; but sometimes the outcome of these debates is also the end of mutual cooperation.

The attorney in the enforcement of the rights and interests of the client must act diligently and honestly and choose and apply all available legal remedies,

he emphasis is also on the independence of the lawyer in defending the client’s interests on any external influences. Thus, the client acquires a person with legal education, but also a person independent on the external and internal influences, in terms of financial, legal and moral, to defend his rights

issues a case in the direction that turns out to be wrong

is a clear indication of the client’s position in the attorney-client relationship and of the proof of the superiority of the client’s interests over the interests of the attorney.

Law on Advocacy and is further specified in the provisions of Article 6 of the Code of Ethics and in Article 2.7. of the European Code. The primary duty of an attorney from which his other duties are derived is specified in the Code of Ethics so that the legitimate interests of the client take precedence over the attorney’s own interests and considerations of other lawyers.

If there is funds ,K&P is keeping their €42K ,enough to lodge a CC through the courts ?

CC politically netralised ,in limbo for ever! Waiting for us to die with injustice in our broken hearts?

Bloodline cut-off ! Health and future dreams in our “mature years” ruined ? Late justice is No justice.

The two UK Legal Expenses Policies ,with £75K funds,underwritten by DAS has failed to protect our interests catastrophically.

Time proven failure to prioritise clients interest, health and well-being instead of “most economical , TMIB route ,falsely promoted with “Swift 3 month ,Higher CC settelemnt” ;in fact record breaking 13 plus years ongoing claim ,as a result of ill-advice ;economical “Green Card ,through TMIB settlement ,claimed to achieve a higher sum than the courts CC amonut ” as claimed by K&P ,reneged ,mismanagement by all three parties involved ,significantly damaging our trust in their legal capacity as professinals,

We have been ill-advised by DAS, Irwin Mitchell solicitors as Fund admin.and their appointed agents K&P Law firm who keep a low profile as they deem it unnecessary to email us “progress reports” !

We requested time and again ,in order to off-load the emotional stress of our fatal loss as soon as possible ,IM to start the CC in 2013, criminal advocate proposed to lodge CC through the courts.

After 3 months of deliberation, I had undertaken the translation ,IM offered %15 of the Claim amount to the advocate’s law firm ;who did not accept this offer so IM decided to postpone the CC.

After 3 more years we were informed IM had appointed Istanbul law firm K&P , 700Km from Marmaris where the accident occured ,so it would not be possible for us to deliberate with them. The TMIB route alternative was their choice.Our objections as clients were ignored as CC through TMIB route is for clients who can not afford to hire a lawyer ! Litigation process of the case we had to inform IM.

Initially we paid for translation of reports and then I continued to translate court proceeding for the next 6 + years ,spent some 600+hours translating and emailing ;have had to continue to this to the 13th year as this ill-advised ,mis-directed case to resove ;if we see the day ! Where is empathy gonne?

There was no reasonable excuse for the 6+year delay to start proceedings for CC through the courts.

We were advised that the CC would be finalised by the time the criminal case hearings progressed !

IM had the fund admin ,had the process under their control ,they chose “not to instruct” but to wait

as K&P emailed us after complaints that our CC has been “shelved”!

We have emails from K&P ,telling us only IM can instruct K&P ,Not us ! They were instructed to wait !

K&P claimed to be experienced international law ,the firm were familiar with the local legal system ! TMIB and the political developments in Turkey ;we reminded that to postpone CC settlement is to the benefit and maximum advantage of the Defendant ! K&P did not manage to finalise the ill-advised CC

In order to minimise CC amount ,new tactics were deployed to delay the process; did our British born son have a Turkish ID ? Earnings of an IT graduate in UK compared with one in Turkey ! In spite of all the documents being submitted to them ; son’s Birth Certificate ,British Passport copies ,that we were in Turkey as tourists at the time ,son’s exam results “8 subjects with Distinction” ,acceptance to Brunel Uni.to study IT !

Professionals were hired to ascertain UK IT graduate earnings. As far as we were concerned all delaying tactics by TMIB with funds spent unnecessarily ! If this LEI was administered as expected through the courts ,such simple issues in the CC would have been finally decided by the courts,

in maximum 4 years. It is 7 years since IM appointed them and we submitted POA to K&P.

We emailed IM regularly for years requesting “start proceedings” . IM chose to postpone ,further delay the appointment of their own agents to handle The CC.

K&P’s ” through The Geen Card TMIB route” , proposal to IM was accepted ,so they appointed Legal Firm K&P ,with the “promise of three month ,higher than through the courts CC” settlement ;was better than the litigation through the courts route as convincingly argued by experienced Law Firm K&P ! They have failed us catasthrophically; inflicting immense damage to our health in old age ,with

our lives revolving around court hearings in Turkey for 7 years ; plus financial loss inflicted on us on top of the years of soul destroying trauma as parents who lost their only child ,19 years old.

1- We were not given the choice as we did not accept K&P’s proposed arbitration ,maintained our stance that “through the courts was the best route “as advised by advocates .We were in effect pressured by DAS , Irwin Mitchell Solicitors as “Fund admin” and their appointed leal agents K&P ,each assuring us that this was the economical ,quickest route to finalise our CC.

We had to accept this most “economical” way ; the two Legal Expenses Policies as you have confirmed had £75K funds to settle the CC “through the courts route”, especially taking into consideration that “legal fees” in Turkey are a fraction of UK and EU !

Surprised that K&P’priority was their own fees ;charging EU rates of €192- in Euros in Turkey.

Probably more than the final CC sum we would be granted through arbitration by TMIB !

We emphasized categorically reminding “All” ,pointing out that the final court had ordered ,having calculated legal representation in 20+ court hearings “reasonable legal fees” The Defendant to pay 1900TL in January 2017., around £440- total.

Sterling Pound Exchange rate than was 4.34TL.

We have had help from 3 advocates ,have spent TL 12K on legal fees.

In contrast K&P out of self-interest secured payment of their own fees in advance ,having charged EU

legal fee rates of €192-per hour, total of €42K was paid in advance to K&P in may be in 2016!

We were informed much later and objected as payment of fees in advance diminishes motivation for settlement and payment after settlement would have given extra incentive and motivation to our case!

As the promised 3 month settlement stretched to now to “infinity” ,13+ years .We regretted that we had given POA to K&P and protested that “We did not find K&P’s exaggerated “swift 3 month “Green Card” through TMIB settlement” convincing, have not been given the choice ,as we insisted on “through the courts route”. We feel we have been confidence tricked” ,reminding all parties ,for years and years that as further postponement of CC settlement,the unbearable delays ,the devaluation of the TL would “render the CC settlement amount worthless” !

We have been proved right as the £Stg.Exchange Rate for £Stg.to TL is around 38+TL now.

Siparış No:PTT-0J530VJ30-221223 22/12, Epttavm “bızedebak” Exper Boş Powersiz PC Kasa 408TL aldım. 29/12 teslim edildi. On “power düğmesi” bozuk, eski model, çok kullanılmış, düğme üstü darbe yemiş,2. El,31/12 iade istedim. 30/12 bozuk olduğundan iade istedim.İADE KODU:21288645 Yılbaşı tatili dolayısı ile 02 Ocak’ta etrafını hasar görmesin diye köpükle sarıp, kutu içinde ,PTT’ye teslim ettim.İade kabul edili. 12 Ocak’ta supriz, kutu açılmadan iade edildi.”Kabul edilmedi” yazdılar.Kapıda Kargo da bana,ödedim. İnanılır değil, böyle bir satıcı ile hiç karşılaşmadım. Şimdi aynı defolu malı yine vakit harcayıp ,iade edeceğim?

Dear Matt Tovey,

I thank “Which Legal” lightening response and to you for the time and kind sttention.

1.

Nissan Quashqai Reg.No:RF19VEX cost £8200- 11/05/2023 auctined by Copart Auction,

described as receiving “enhanced service” ,vehicle as having “normal wear and tear” , “minor dents and scratches” instead of describing it as “non-runner”, with a major fault.

The engine would not start,so I asked Bmerc Garage’s proprietor ,Mr.Ercan Osman ,25 Alston Works,Falkland Rd.Barnet EN5 4LG Tel. 0208 441 3904 ,info@bmerc.co.uk

to send out a mechanic for fault diagnosis.

The owner Mr.Ercan Osman said he wanted the car relayed to his garage.I paid £80-recovery for the 3.5mile distance to Barnet on 18/09.A week later a phoned ,was told need another engine (had rusty water) he could supply for £1800-. I checked eBay found engines from £600- so told him I will buy an engine.He advised I buy a guaranteed engine and pay with CCard.

2.

I bought a complete dci engine £1335- incl.del. 32K miles on the clock from eBay. I asked garage for quote ,price for his labour. He said he did not know so he did not give a price.I asked on the phone ,emailed so many times for labour charge; “engine swap” repair.

18/09 car delivered to Bmerc. 12/10 he informed Dual Mass Flywheel (DMF) was faulty, “special order” from Nissan dealer for DMF ,price £700+ garage could order a replacement ,cheaper Rigid Flywheel for £300-. High price !

I explained that he could have checked parts properly in 24 days so I could order “original DMF “on the engine, so I could save time + money.

I ordered Rigid FlyW.+ Clutch kit £182- from EU ,paid £57-Customs Clearence,Tax+VAT, delivered it on 25th October personally to Bmerc. Owner + mechanis on holiday. Mechanis would return 21 days time on 15/11 Mr.Cavid the Manager explained It would take a couple of hours to finish. I did think of having car relayed back to my home.The car engine was taken out in bits. I asked for the Water Pump and Timing Belt to be replaced, garage ordered and fitted replacement but charged original parts prices-common practice !

I sent email ,no reply and sent text asking for price for the job. No response.

3.

07th December 80 days later , garage informed repairs completed so my neighbour, Mr.Mehmet EMİN who has been Bmerc customer for years went to Bmerc ,started the car, was told repair bill £2600 ,drove it to my home.

The old faulty complete engine that was taken out +parts; DMF (worth £200- used ) are still with the garage.

I told Manager Mr.Cavid not to dispose of them,as I need them for “litigation” with Copart Auction !

4.

Bmerc would not give a price for the repair work ,no matter how many times I asked ,in spite of requests by phone,text and email ,no matter how many times I asked. My simple request to Bmerc ,to give “engine number” to inform DVLA of “engine replacement” required by law so a new Registration Document is issued with the correct details.

Garage would not co-operate ! I have to find the engine no myslef, with help from DVLA

as the Breakers yard gave the Registration number of the “donor car” engine was taken out from .

07/12 repairs were finished .My neighbour kindly went to bring it home. Garage owner Mr.Ercan Osman told my neighbour Mr.Mehmet Emin, the cost was £2600- and he was giving me mdiscount, charging me 2 days only instead of 4 days. Repairs completed? in 80 days.

I asked for Help from Which.co.uk ,who kindly guided me.

12th Dec.I emailed Bmerc, I asked for an itemised bill and informed the owner that I will pay only “reasonable charges”. I emailed quotes from 5 garages from “whocanfixmycar.com” £850 to £1150-

31st Dec. I sent another email asking for a “reasonable charge”, so I can pay. No reply yet!

I have had an invoice for £2114.80 on 08/02/2024 ,not paid yet. car is at my home, parked in driveway.

An Enfield garage had mailed me a quote of £2300- to repair the engine -all parts incl.-deliver to my home in 14 days.

V2KanliDere-OrtaQxw^

Hello Xiaomi team

Have 2 wifi extenders,

1-Wıreless-N Repeater with ethernet cable

2-Mi Wi-Fi Range Extender Pro

Can not Reset , use Reset Button ,Will Not Reset ,Tried the downloaded Mi Home App , global.account.xiaomi.com

email : bertanspace91@gmail.com.

———

account.xiaomi.com

email: fethday@gmail.com

No devices in the App

I sent another Feedback Help before.

Checked :UTube, Google, can not Resolve problem. Both same Reset issue.

Need to use them asap.Techical Dept.

Please suggest solution. Thanks

Torgout Yenimağralı’nın müridi ,DENKO’da benden “borç almaya sıraya girdiler”; bir aylık maaşımı da borç alan Mehmet Işık ,iş çıkış saatimde Torgout’u arar ve dangalaklık yapsın ,başkalarına da yaptırsın peşime düştürürdü

M.Işık beni iyi cezalandırdı;

DENKO’nun acentliğini yaptığı kuru yük gemisi Kaptanı ile ahbap ,Magosa’dan dönüp Mersin’den tekrar tük alıp ,bir gün sonra Magosa’ya dönecek kargo gemisiyle “hava değişirsin, git -gel”gidip-dönebileceğimi söyledi. Hep iyimser yanı var, have değişikliği olur dedim. agosa limanından gemi ayrıldığında deniz sakindi. Karpaz burnuna yaklaşırken, gemi öyle bir dalgalı fırtınaya tutuldu, önü yalpa vurur ,yükselir ,kalkar ve denizi döverdi ! Yolculuğun yarısı böyle azgın dalgalara vurarak geçti ,ne durabilir ne de oturabilirdim.

Mersin limanında Kaptan beni Gümrük Muhafazaya anlatıp dışarı çıkmama izin aldı.

Çarşıyı gezdim.Kardeşi çocuklarıma bot aldım. Birşeyler yetip tekrar gemiye döndüm. Gemi dönüşte fırtınaya yakalanmadı ama yine benim için özel durum “ayarlamışlar”; gümrükçüler gemiye baskın yaptılar, kaçak, kanunsuz birşey varmış gibi! Bunlar husumetli Torgout’un ,kaynı Denk Md. Küçük Ayhan’ın yaptırımları Mehmet Işık da piyonları. Londraya geldiğimde yine Mİ5’da sekreterlik görevi yapan Enise Ahmet Tahsin beyin hanımı, KKTC Polis Md. İkibiroğlu’nun kızkardeşinin yardımı ile gelip beni buldu. Kaçak çalışıp i”Yaşar” ismini kullanırmış!

Turgay Ergün Londra’dan 3 adet 2.el van aldı.Euromed’le Magosa’ya gönderecek. !Leven Rus’u eski Traverway’den tanırım. Masa üstü bilgisayarını SSD takıp süratlendirme ,DVDR takıp,Ram yükseltmeye aldım. Evraklarını DVLA’den üzerine geçirmeden ,bana ertesi gün döneceğini ,Cuma akşam üstüne kadar,herhalde süpriz yapacaktı ,bana söylemedi. Uçak alanına götürecek olan ben.

DVLA ‘e van Koçanklarını Export yapılacak diye ,benim adresi verip ,gönderdim. Rum lobisi bizim eve 10m ilerdeki Sağlık Merkezinde ,orda çalışıp ,yaz tatilleri rum lobisinden bedava ,davalarına gönüllüler , baş rollerde Sağlık Merkezi Md. ve her Dr. randevusu yaptığımda ,2.Dosyam ile Dr.değişikse 20 dakika yaptırım yapmasını tembihleyen ,sürekli beni itibarsızlaştıran ,emekli, part-time çalışan Heather tarafından,bizim evi istihbarat toplayıp,altımı oydurup ,”kin, nefret” kötülük komplolarına devam “Dinleme Karargahı” kurdular. Bu cenah bölge Mv.,Belediye azası Don Goodman ve komşularım fesatcı Peter Panayi ve “Koşan at” militan Eokacı Tasos Aleko baş rolde.Ben hedefte , sürekli internet ev ve cep telefonlarımda ambargo ,engellemeyle herşeyi stress ve travmaya dönüştürüyorlar.

Gezgin rum Orthodox kilisesi ,mahalleden otobüsle Pazarları toplayıp ,bir başka kilise Papazına cemaat taşırlar. Yedef yumuşak düşman bizler ! Kin/Nefretle Beyin yıkamasından her rum bir kötülük makinesi.

3 ay van Kayıtları Turgay’ın adına kaydedilip gönderilmedi. Karıştıranlar olduğu belli oldu. Ben ticaret yaparmışım. Magosa’da vanlar evraksız limandan çıkarılması imkansız. Gümrük belli bir zamandan sonra park ücreti alır! Mecbur kaldım; yaşlı P.Panayi’yi yıllardır haftada birkaç sefer geceleri marketlere götürürdüm. Jecburi Yardım istedim. Nihayet van Kayıt belgeleri ayrı ,ayrı benim adresime değil ,rum komşu Peter Panayi’nin evine gönderdiler.Sürekli Turgay arar ,”çıkıp geleyimi?” Birini yolcu beraberi elden Heathrow Uçak alanına ,diğer 2’yi Stanstead Havalimanına gidip yolcu salonunda tanıdık çıkar diye bekledim, yolculardan rica ettim, elden.gönderdim. Gümrüklemeyi yapan ,Denko’da mesai arkadaşım Osman K0caTürk yardımcı olmuş.

Dear Barnet FPO tesm and Trading Standards teams,

Please accept my apologies for Not changing my LBBarnet account 07505 39 5656 contact mobile Telephone number to +90 544 785 9033 as I am now in Turkey ,so can not answer my UK mobile

,as international call charges are high in Turkey.

I have “WhatApp” +90 544 785 9033 or Messenger -using an iPad- can buy “special international minutes bundle from Vodafone TR” on that given day ;LB Barnet relevant department’s may kindly make an email appointment to my email “siteler120710@icloud.com” please give the relevant dept.and person dealing with my complaint so I can telephone at the given time.

The 2019 Nissan Connecta dci Reg.No:RF19VEX was a Copart.co.uk Auction pre-bid – my 1st time experience – listed as “normal wear and tear” ,with “minor dents and scratches” , not auctioned on 11/05 as advertised-I had made a pre-bid of £7200 – Management and staff were aware of the HIGH BID , could have prevented this disaster for a 1st time bidder, by informing me as a fee paying member instead of using the “small print clauses in their Terms &Conditions , as a £100- year membership (no:271398) fee ,the Highest Bidder is left with no choice but to pay for the vehicle. Copart did not give an inclusive price for Transport ,16 day delayed delivery of the vehicle to my home in N11 ,£278-;locked steering and electronic handbrake with 3 of us having to spend 3 hours to push it to my driveway on a trolley jack with their auction charges Total cost of non-runner car £8200- I have formally Complained ( no:42756 , Lot#49252523 ) to Copart.co.uk as the car is “Not as described”, 12/06/2023 Final Response; “See You in Small Claims Court”

Please Transfer the FPN No:AG43978225 to Bmerc Garage, 25 Alston Works, Falkland Road ,Barnet EN5 4LG as my car Reg: RF19VEX Nissan was issued the FPN 3 days after it was delivered to Bmerc for repairs that took a record breaking 80 days!

Barnet Trading Standards Help for the “excessive verbal £2600- bill for a complete engine -I supplied- swap on a 2019 Nissan Quashqai dci. Owner Mr.Ercan Osman did not quote amprice until finished.

In spite of repeated invitations for a reduced fair and reasonable, itemised bill ,refuses to lower the repair charge of £2600-, I have 5 quotes from “WhoCanFixMyCar.com” from £850 to £1150 for this repair in 2 weeks maximum time.Bmerc took 80 days to finish,by the 42 day owner and mechanic had gonne abroad, further extending the repiar timescale ,so with no car to drive I went abroad

The engine which eventually arrived we could not put straight into his car as some of the wiring loom was cut and some components were damaged too which we had to swap everything over from his original engine.

He told us he wanted to change the timing belt and water pump too which we did.We advised him that it would be best to replace the clutch and flywheel as they had wear.

He said he could get the clutch and flywheel cheaper online himself which again took another two weeks or so to arrive.

He informed us that he lives abroad and he was going to go at sometime and return back in 2024.

When we finished the repairs we road tested vehicle carried out diagnostics resets, washed and delivered vehicle back to his

Dear Matt Tovey,

Bmerc Listed “excuses”, garage owner “not well”,had two deaths in the family. Not a customer friendly co. ,negative ,laxed attitude ! Two months ,I sent emails asked for him to reduce ,revise the repair bill of £2600. He has ignored my requsets.

“I will respond when I am ready in my own time”

Not only did he Not reply to my enquiries ,not respond to my emails for quote of repairs, my request for replaced engine number was ignored too.

21/09/2023 Fixed Penalty Notice (FPN) on my car ,did not tell me, now increased to £204- ( calls this “petty things”)

No mention of original engine ,I want engine intact -he says he “took it to bits” ; dci 2019 engine has valuable spares on it;turbo ,diesel fuel pump, injectors ,DMF ,used spares still with garage !He did not mention my request ,I will have them collected after his bill ,I will pay no than £1150- ,the quote on the high end, his invoice :£2114.80 , high one was £1150- ,his bill is double the 5 quotes from “WhoCanFixMyCar.com”,List emailed to Bmerc garage, time and again stressing I will only pay what others quoted for the repiar, max.£1150-and no more!

The High invoice in response to my “fair & reasonable independent garage charges” he has not considered ,after repeated requests/invitations for a fair ,reasonable bill after 2 months of emails. I have had to spend time chasing him! Exasperated.

I will Not accept such a High Repair Bill. He will have to reduce his invoice as repair extended to 80 days; did not check in 24 days to inform me in time, a Dual Mass Flywheel (DMF)was needed before the engine was delivered to buy the DMF with the engine, to save time and money.

The garage bill £2114.80 still excessive ,reduced from verbal £2600-

Garage has invoiced £1500-+VAT labour to replace engine I bought +supplied.

Bmerc Initially Quoted to supply 2nd hand engine from “breakers yard”- for £1500-+VAT , but as I had quote from a garage to repair my engine -all inclusive-for £2300- incl.recovery ,re-delivery !

Bmerc is Charging me for used engine I never had ;he had “quoted £1500+VAT ” for ,but He did not supply an engine!

A week after I had engine delivered informed needed a “Flywheel (FW) ” quoted £300- just for rigid -replacement FW ,

expensive as I bought Rigid FW with 2pc.Clutch kit for £239 – replacement.

eBay engine I bought had “30 days guarantee”;did not even bother to finish it ,just in case ! If I have mechanical,engine problems later ,I do not have any redress from the eBay seller as there is a time limit of a month. Owners laxed style ,his own self-interest is priority ,goes on holiday. The mechanic working on the car, take sit to bits, then goes on holiday. No consideration ,no empathy if I need the car to drive ,no customer priority ,so mechanic working on my car is allowed to go on holiday, having taken out the engine ,denying me the choice to have my car back ; outright hostility by the owner as he wanted “repairs at his disposal at his peices”

03/10 engine was pallet delivered to garage. 12/10 I phoned garage who informed “needs FlyWheel” , original Dual Mass £700+ ,but He could supply cheaper replacement part; “Rigid FW” £300-,plus new Clutch needed ,altogether £500-

Had garage checked and told me I needed a FW ,before engine purchase ,I would have ordered the “original FW” be kept on the complete engine! Save time and money !

Garage Wasted my Time + money by not checking (car sent to Garage 18/09) 24 days later on 12/10 , I tel. ; told me needs parts after the purchased engine was bought ,delivered. They should have checked in the 24 days.

12/10 -So I bought “Rigid FW ,2 piece Clutch ” for £239-

24/10 FW + Clutch delivered to my home. I had a cold so 25/10 I went to Bmerc to deliver the Clutch. Car engine taken out in bits.Manager told me it would take a couple of hours to finish my car but Owner and the mechanic -would return on 15/11 { 20 days later, to continue to finish my car )on holiday; exasperated I went abroad. I phoned ,sent emais asking for his repair quote, time and again. Requests went to deaf ears ! No response !

I ordered from Amazon delivery worth £100- Whisky &Chocolates as Early Xmas Gift to Bmerc garage for “good will”

Repairs finished 07/12/2023, in 80 days !!! I am abroad. I will return end of March.

Bmerc garage emailed an invoice £2114.80 today 08/02/2024

Garage excuse “did not know- will pay “original” bill !!! £60- probably !

Fixed Penalty Notice (FPN) -now increased to £204- as they have not informed me when issued at garage on 21/09/2023

-to be paid by 16/02/2024 ,otherwise repossession order on my car!

BMERC Car Sales Ltd

Unit 25 Alston Works Alston Road

Barnet

EN5 4EL

Tel: 020 8441 3904

Company No. 10010061 VAT No. 416 1651 18

Email: info@bmerc.co.uk ▪ Web: http://www.bmerc.co.uk

Invoice:

BMCS003813

Date: 07-02-2024 7:14 PM Technician: S D Ahmed Service Advisor: Ercan Job: J022893

Mileage:

VIN: SJNFAAJ11U2516710

Mr Ahmet Haciahmetoglu

No. HAC001

Vehicle

Issues and Work Description

Registration: RF19VEX

Nissan Qashqai 2019 1.5 Diesel – BLUE

Work Description

Vehicle recovered in by the customer as a non runner

When we looked at the vehicle we advised him that the engine needed to be stripped to asses the problem

We removed engine and stripped but found engine to be beyond economical repair and its best to replace with another reconditioned unit. Reconditioned unit was ver expensive and customer insisted on a second hand engine which we sourced and he agreed for us to place the order with the breakers.24 hrs later he phoned to say he found an engine himself which was cheaper and he would buy and supply the engine himself which did not arrive when he said it would.The engine which eventually arrived we could not put straight into his car as some of the wiring loom was cut and some components were damaged too which we had to swap everything over from his original engine.

He told us he wanted to change the timing belt and water pump too which we did.We advised him that it would be best to replace the clutch and flywheel as they had wear.

He said he could get the clutch and flywheel cheaper online himself which again took another two weeks or so to arrive.

He informed us that he lives abroad and he was going to go at sometime and return back in 2024.

When we finished the repairs we road tested vehicle carried out diagnostics resets, washed and delivered vehicle back to his home address as he advised, parked on his driveway and gave the keys to his neighbour Mr Mehmet as he said.He gave us his Turkish number and said to update him on whats up which Receptionist Zehra called him and he then blocked her despite her sending him a whats up text message too which she still has on her phone.

Ercan delivered the car back to you out of respect to Mehmet, without even asking for a penny to release the car and ever since we have been getting some emails from you which we find baseless accusations and unsavoury remarks. For your information sir, Ercan has been very ill for the past 3 months, in and out of hospital and dealing with

two members of his families deaths at the same time. I have stepped in to keep his business going whilst he got better.He is so upset by your emails and accusations that he cant even bring himself to understand where this is coming from.

We never did get a ticket on your car that we saw because we would of challenged it with the council, however we will pay for the original ticket as we don’t like people accusing us of such petty things.

Kind Regards

Work performed ;

Parts:

*** Water pump £77.62

***Timing belt kit £101.09

Oil Filter £7.00

Antifreeze – Maintain Fricofin LL £13.98

***Engine oil £62.64

Company No.

Unit 25 Alston Works, Barnet EN5 4EL

Part No Qty Unit Price

VAT %

20.0 20.0 20.0 20.0 20.0

Parts SubTotal :£262.33

Net Total

77.62 101.09 7.00 13.98 62.64

=£262.33

Which Member:E900400964

Which Ref:01483353

Which Legal Helpline Mr.Matt Tovey, many thanks for the 16.30pm Legal Advice appointment on 02/02/2024

Please make another appointment or email reply as garage invoiced on 07/02/2024

Thanks for the Law Society link.Is it possible to find “fixed price” Small Claims Court firm of solicitors to take on the two unresolved disputes ?

Please “expand”; How do I follow “Which Legal’s guidance -Small Claims Court” procedures?  

Now Two case files:  Bmerc Garage -repair bill completed 07/12/2023, invoiced £2114.80 on 07/02/2024

Copart.co.uk-auction misrepresented ,”not as described” -non-runner ,misleading Listing purchase 11/05/2023 

Fixed Penalty Notice (FPN) at Bmerc garage 23/09/2023 ,3 days after delivery to garage ,FPN ticket issued on my car !

Bmerc comment; “petty things ,accusing us ;we will pay the original FPN ” : £60- only ;I have to pay £140- out of FPN increased  to :£204- 01/02/24 ,Complained to LBBarnet  Ref: 11420221, Ref:11491308 Parking, Fixed Penalty Office ,this is “garage’s fault” !My Car was jacked up high on lift so couldn’t see if FPN stuck on screen!

Dated 13/11/2023 FPN posted to my home ; as abroad ,letters were checked :31/01/2024 . FPN Notice dated 22/12/2023 fine £204-if paid by 16th Feb.or else repossession!I have to “file a statement” ,downloaded TE9 Form ? Checked ,Can not write my complaint in this form only a “tick” saying “I did Not “receive”the FPN”Garage is responsible for FPN + Excessive Repair invoice £2114.80

18/09 non-runner del. by Recovery truck to Garage,21/09/2023 FPN issued 3 days later at garage, in Falkland Rd.

As I am abroad ,my letters at home were checked on 31st January. Bmerc did Not inform ,kept ticket.

25/10 on 37th day-  I went to garage ,spoke to Manager Mr.Cavid and The Secretary Miss Zehra ;mechanic working on my car ( engine out ,in bits-) gonne on holiday – return on 15/11/2023 ,to finish repairs 21 days later. I needed to use my car ! Thus repairs extended to 51 days in garage by then ! Exasperated waiting , without a car for another 21 days! I went abroad

Garage claims I told them “I live abroad”. No I complained about the postponed repair. ! The Manager Mr. Cavid said “All parts are here ,when he returns from holiday ,it would take a couple of hours to finish my car !

Confirmed there was no other Nissan mechanic to finish repair so had to wait for the mechanic who worked on it. I regretted ever asking for repairs from this garage. Would have recovered the car back home if engine parts were not in bits.

My Car was jacked up high on lift so couldn’t see if FPN stuck on screen! Dated 13/11/2023 FPN was posted to my home address; as abroad ,letters were checked :31/01/2024 . FPN Notice dated 22/12/2023 fine £204-if paid by 16th Feb.or else repossession! Now I have to “file a statement” ,downloaded TE9 Form ? Checked ,Can not write my complaint in this form only a “tick” saying “I did Not “receive”the FPN” ;sent !Complained to LBBarnet , need to file reason for not paying ;its Bmerc’s responsibility ;kept a non-runner ,(was parked in my driveway ,SORN declared since 01/06/2023)

01/02/24 ,Complained to L.B.Barnet  Ref: 11420221 and Ref:11491308 to Parking Fixed Penalty Office !

Which Member:E900400964

Ref:01483353 Which Legal Helpline Mr.Matt Tovey, many thanks for the 16.30pm ,appt. 02/02/2024

I will try to make another appt. please email reply as garage invoiced me High £2114-on 07/02/2024

Thanks for the Law Society link. Possible to find “fixed price” Small Claims Court (SCC) case to hire firm of solicitors !

Which Legal’s guidance on “SCC” procedures?  

FPNotice dated 22/12/2023 fine £204-if paid by 16th Feb.or else repossession! Now I have to “file a statement” ,downloaded TE9 Form ? Checked ,Can not write my complaint in this form only a “tick” saying “I did Not “receive”the FPN” ;sent !Complained to LBBarnet , need to file reason for not paying ;its Bmerc’s responsibility ;kept a non-runner ,(was parked in my driveway ,SORN declared since 01/06/2023)erc Garage -repair completed in 80 days on 07/12/2023, invoiced £2114.80 on 07/02/2024

Copart.co.uk-“Enhanced Service” , hide the faults ,promote the good so auction misrepresented ,”not as described” -non-runner as “small wear and tear”, “minor dents and scratches” misleading (non-runner ,major engine fault, now Listings changed since my Complaint so Copart do not hide “non-runner from Listing ) My auction pre-bid purchase 11/05/2023 

Auction Listing ,car not auctioned on the day as I had a pre-bid several days before; “Terms & Conditions clause” as I paid £100- pa membership fee ,I expected a call from Customer Services ,Management to inform “excessive bid as non-runner”, -Final Response “See You in Small Claims Court” My Home Insurance with “Homeprotect.co.uk” I had “Legal Protection”but underwriters DAS declined cover.

2-Bmerc Car Sales Ltd. – Garage -repair completed in 80 days on 07/12/2023, invoiced £2114.80 on 07/02/2024

repair charges, 07/12 verbal bill demand £2600-, not reduced much now ! After two months ;Garage Owner “dismissed my repeated invitations/requests for fair ,reasonable charges”! Claims “released car without monry being paid”, as my neighbour picked up the car on 07/12/2023 was his long time customer. In spite of my insistence “I will have faulty engine +parts collected after bill is paid” Invoice preliminary ;”No mention of my request about faulty complete original engine” kept at garage ,expensive parts on it ; Turbo, Diesel Fuel Pump, Injectors, Dual Mass Flywheel !

Please advice ,”response to this repair invoice?”

01/02 Complained to LBBarnet  -Trading Standards Ref: 11420221, Ref:11491308 Parking, Fixed Penalty Office ,this is “garage’s fault , issued with Fixed Penalty Notice (FPN) 3 days after delivered to garage.Notice dated 22/12/2023 increased fine: £204-if paid by 16/02 or else repossession! I have to “file a statement” ,download TE9 Form ? Checked ,Can not write my complaint on form , only “tick” saying “I did Not “receive”the FPN” sent ! Awaiting reply from LBBarnet

Subject to due observance of rules of law and The professional conduct and Code of Ethics states ,advocates must always act in what they perceive in their professional judgement to be the legitimate best interests of theri client and must put those best interests of their client; take precedence over the attorney’s own interests or those of fellow Members of the legal profession !The emphasis is also on the independence of the lawyer in defending the client’s interests from any external/internel influences.

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