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Cyprus Eastern Forum Index » Ask Nigel A Question » Charged for deed transfer because we were in UK
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Charged for deed transfer because we were in UK 
Post: #1   PostPosted: Mon Aug 12, 2019 12:24 pm Reply with quote
jillysummer
Joined: 07 Mar 2006
Posts: 29
Pictures: 0

 
Hi Nigel - sorry for yet another deed question but I have gone back in forum until Nov 2018 and can't see this question being asked.
Since 2017 we have stumbled along going through the deeds process each time we have come out for a holiday going one place then another etc.
To our suprise a form was sent out from Land Registry dated April 2019 unfortunately it went to the wrong address then ended up in the post office. Word got round there was a letter for a Peter in post office and my neighbour who has the same christian name as my husband went to see if it was his. When he realised it was for us he signed for it. He kindly tried to get the letter translated as it was in Greek of course and we found it was to do with our deed application and said they were available within 60 days. When we arrived in the country 30/7/2019 we went straight to land registry the following day but were told lady who deals with them was on holiday ring the following Monday we did this but still couldn't get her so after ringing another land registy number was informed she was still on holiday and ring on Monday. When we asked if we could speak to someone else we had another number to ring. We went the following day but the ladies English although better than our Greek said we needed to pay the amount as the deeds had been transferred in our absence and although we had problems communicating we were advised to ring on Monday and speak to the lady who was off on holiday. When we finally caught up with her today she has informed us although we have paid VAT on our property purchase have a declaration from the developer stating this and a form from the tax office we still have to pay for the transfer as it was done in our absence and because of this we will be fined 50% of costs. We explained we were not in the country and had no knowledge the letter would be arriving but nothing we said deterred her from her inial stance. When asked if anything could be done she has told us to write to Director of Land Registry Famagusta and she will give it to him with her comments.
We have found the process very stressful. If we had known a form was going to come through the post and the outcome of it we could have appointed someone to represent us. We have written the letter and taken it back to her which is now 4 journeys to land registry and one to the tax office - not a good start to our holiday. Is there anything else we can do prior to retunring to the UK on the 22/8?
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Post: #2   PostPosted: Mon Aug 12, 2019 3:48 pm Reply with quote
nhowarth
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Location: Erimi, Limassol

 
Hi jillysummer

If the Land Registry sent the letter advising you that the Title Deeds were ready for collection to the wrong address, I suggest you make an appointment to see the director of the Land Registry.

Take with you the envelope and the letter and explained what has happened.

Regards,

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Nigel Howarth
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Post: #3   PostPosted: Mon Aug 12, 2019 6:32 pm Reply with quote
jillysummer
Joined: 07 Mar 2006
Posts: 29
Pictures: 0

 
Hi Nigel, Thank you for your quick response. We haven't got the envelope only the form which doesn't show the complete address. From what we have been told the form doesn't say that if they are not collected in the permitted timescales that the transfer will go ahead and not only will you pay the transfer amount but will be charged a penalty fee of 50% more. We realise to some people we are lucky to be able to get our deeds but where in the UK we seem to bend over backwards to translate and help people this doesn't appear to happen here. Perhaps it's our fault that we have not got a circle of friends to circulate the information. We have left a copy of our contract at nearly every calling point and it clearly states the cost of purchase including VAT paid. What were we suppose to do when we are out of the country - fly back to receive letters and how would we know they were going to post them. We find it's just another way of getting money from the thicko Brits who expect fairness but get the shrugged shoulder, puffs and pants and the can't speak English and we have had our fair share of those. We can't possibly be the only people to experience this and will not be the last. How can we be expected to follow a procedure if no one supplies a procedure to follow? Crying or Very sad
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Post: #4   PostPosted: Mon Aug 12, 2019 6:40 pm Reply with quote
jillysummer
Joined: 07 Mar 2006
Posts: 29
Pictures: 0

 
Also forgot to mention that the Deaprtment of Land and Survey government portal
https://portal.dls.moi.gov.cy/en-us/Pages/CalculateTransferFees.aspx
Shows on the transfer fee calculation
-Note:
For all those property sales for which VAT was paid, no transfer fees are applied. For all other cases, a 50% reduction is applied on the amount shown above.
No stipulations, timescales or penalties are shown
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Post: #5   PostPosted: Tue Aug 13, 2019 10:09 pm Reply with quote
nhowarth
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Joined: 30 Aug 2005
Posts: 4992
Pictures: 9
Location: Erimi, Limassol

 
Hi jillysummer

If you applied for your deeds as described in Applying for Title Deeds:

"Once investigations have been completed, the DLS will send a notice to the buyer and a notice to the vendor requesting them to transfer the property to the buyer with 60 days of the notice being issued and requesting the buyer to pay the Property Transfer Fees within the 60 day notice period. Within the 60 day notice period the buyer may attend the DLO without the vendor being present and pay the Property Transfer Fees. The buyer may opt to pay the full amount, in which case their transfer fees will be reduced by 10%, or opt to pay the transfer fees in 12 equal monthly instalments.

"If the buyer fails to pay the Property Transfer Fees, the transfer will still go ahead. However, an encumbrance will be lodged against the property corresponding to the amount of the transfer fees increased by fifty percent."


I suggest you find that envelope.

Regards,

_________________
Nigel Howarth
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Charged for deed transfer because we were in UK 
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