Swiss Franc loan court cases in March

ONE OF the legal firms acting on behalf of clients who were allegedly mis-sold Swiss Franc loans to buy property in Cyprus has filed 145 law suits against the Alpha Bank in Cyprus.

Although hearings were initially scheduled to take place in October last year, it is expected that the hearings for cases received in 2011 will now start in late March.

The law firm’s lead council explained “Clients will be having their cases before the courts of Cyprus.

“We estimate they will start in late March and that is when we expect the hearing to begin and that is those cases that we received in 2011.”

A second law firm has filed High Court actions on behalf of more than 1,000 buyers against Alpha Bank Cyprus and 24 property developers reports FTAdvisor.

However, in this case the banks are challenging the jurisdiction of the English court and, although it has been upheld, the decision has been appealed.

It’s been claimed that as many as 35,000 could have been mis-sold Swiss Franc loans and are now facing demands for massive loan repayments and threats of legal action in the UK. In some cases borrowers have seen their monthly loan repayments treble from £400/month to £1,000-£1,200/month due to the strengthening of the Swiss Franc and the high interest rate and margin being charged by the Cypriot banks.

It’s expected that the first of the court hearings in Cyprus will last for two or three months and that the judge will make a decision four to six months later.

In a further case (which is unconnected to the alleged mis-selling of Swiss Franc loans) a London-based law firm recently succeeded in obtaining judgment against Giovani Developers at the Commercial Court in England. The judge, The Hon Mr Justice Popplewell, ruled that the clients were consumers under the European Regulations and decided against Giovani Developers for failing to acknowledge the service of the claim against them.

Cyprus major tax debtors list

PROPERTY developers, hoteliers and large football clubs are among the major income tax debtors, according to the list given by the Finance Minister to parliament on Monday.

The list is published by StockWatch for public interest purposes. Finance Minister, Haris Georgiades also called upon “public interest purposes” for giving the list to parliament, in order to exercise fiscal control.

The list includes fifty legal and natural persons.

The debts start at €1.5 million and rise to €14.7 million.

Organisation Tax Owed
1. R.X. Processing € 14,747,554
2. Mediterranean Holiday Res LTD € 9,750,222
3. Omonia Football Club € 7,034,885
4. N. K. Shacolas-Holdings LTD € 6,855,827
5. APOEL Football club LTD € 6,151,892
6. Firmworth Finance and Investments LTD € 6,088,894
7. C.N.H. Ependysis Axias LTD € 5,888,806
8. Miltiades Neophytou C. E. & Developers € 5,753,877
9. Chacholis Developers LTD € 5,904,677
10. K. Athienitis Con. Devel. Public Ltd € 4,217,999
11. A.C.L.N. LTD € 3,994,818
12. Tauler Consultants LTD € 3,939,268
13. Giovani Developers LTD € 3,650,016
14. Renos Hadjioannou Farm LTD € 3,600,533
15. Kofinou Abbatoir € 3,196,216
16. Anorthosis Football Club € 3,146,394
17. Olveron Investments LTD € 2,876,969
18. Suphire Securities and Fin. Serv. LTD € 2,587,647
19. Michalis D. Zavos Investments LTD € 2,546,936
20. C.T. Tobacco LTD € 2,505,596
21. Kleanthis Savva Developers LTD € 2,457,988
22. Anorthosis Ammochostos Football Club € 2,456,042
23. Paphos Mediterran Hotels LTD € 2,398,537
24. Oikonomou Georgios € 2,386,926
25. CYEMS CO LTD € 2,351,329
26. Cyproperties Constructions LTD € 2,293,585
27. AEL Football Club € 2,290,948
28. Lagos Vaggelis € 2,230,708
29. Makrides Zacharias € 2,222,618
30. Marzen Holdings Company LTD € 2,217,942
31. Sigma?Severis & Athienitis Secu. LTD € 2,182,032
32. Chacholis Development Operations LTD € 2,177,463
33. UNISYS World Trade Inc. € 2,152,279
34. Zaquato LTD € 2,120,367
35. Venus Rock Estates LTD € 2,068,281
36. Global Value PLC € 1,937,586
37. Transport Investments Holdings LTD € 1,929,109
38. Omikron Bookmakers LTD € 1,928,299
39. Panos Eliades LTD € 1,922,292
40. A. & E. Transport LTD € 1,910,685
41. Aristo Developments € 1,835,170
42. Starcloud Management LTD € 1,786,978
43. Alexandros Demetriou & Sons LTD € 1,755,027
44. Pafilia Property Developers LTD € 1,747,434
45. W Investments LTD € 1,740,771
46. M.K. Digital World (Cyprus) LTD € 1,735,549
47. D. Zavos Group Land & BLDG Develop. € 1,609,619
48. Gregoris Yiasemi & Sons Develop. LTD € 1,583,283
49. Christoforos Karayiannas & Son LTD € 1,518,283
50. Charalambou Filippos € 1,488,784

 

Delinquent developers ultimatum

BANK of Cyprus is giving a final chance to major developers with outstanding non-performing loans to start repaying their debts before the lender resorts to liquidations of collateralised assets, an official said.

For this purpose, the lender is organising a roadshow, where developers, including several with outstanding non-performing loans totalling a ten-figure number, will present their projects to investors from the Middle East and Europe, the Bank of Cyprus official said on condition of anonymity.

“This is their last chance,” he said adding that the bank is determined to clean up its loan portfolio.

The event is scheduled for Monday February 9, at the Four Seasons hotel in Limassol and is organised in cooperation with the Cyprus Investment Promotion Agency.

The developers have been invited to give a 15 minute presentation on their respective projects as listed below:

  • Shacolas Group (Limni Bay & Shacolas Emporium Park)
  • M.M. Makronisos Marina Ltd (Makronisos Marina)
  • Tofarco Group (Lord Byron Towers)
  • A.I. Poyadjis & Stylianou (Santa Roza Tower)
  • Leptos Estates (Neapolis Smart EcoCity & Blue Marine)
  • Aristo Developers Ltd & Dolphin Capital Investors (Venus Rock & Eagle Pine)
  • Universal Life (Vasa Golf Resort)
  • Church of Cyprus (Macedonitissa Estates: The Project)
  • Pafilia Property Developers (Pafilia Tower & Limassol Landmark)
  • Athienitis Contractors & Developers (Nicosia City Mall)
  • Condiarto Investments Ltd Group of Companies (St. Elisabeth Golf Resort)
  • S.Z. Eliades Leisure Ltd (Elea Estate)
  • Zavos Group (Pavilion Business Centre)
  • Cypeir Ltd (Del Mar)

Cyprus agreement impossible

Cyprus agreement impossible says TroikaCYPRUS international lenders, known as Troika (EC, ECB, IMF), announced Friday that reaching an agreement on the review of Cyprus programme was not possible during their last visit on the island, due to the further suspension of the effective application of the foreclosure framework.

“The application of the foreclosure framework and the adoption of a modern insolvency legislation are key program commitments. These steps aim at reducing the high level of non-performing loans, which is essential to restoring growth and job creation in Cyprus. Given the further suspension of the effective application of the foreclosure framework, reaching staff-level agreement on the review was not possible during this visit”, says the announcement.

Staff teams from the European Commission (EC), European Central Bank (ECB), and International Monetary Fund (IMF) visited Nicosia during January 27 to February 6.

“The teams took note of the progress achieved thus far and of the challenges for the period ahead. The teams look forward to a timely completion of the review as soon as the conditions are in place for a positive conclusion”, says the announcement.

According to the announcement the Troika staff discussed with the Cypriot authorities progress under their economic reform program, priorities and milestones for the period ahead, and the importance of a strong and sustained economic recovery.

– Cyprus News Agency

Hourican lambasted by opposition parties

Hourican lambasted by opposition partiesTENSIONS over the foreclosures bill rose on Friday when opposition parties slammed Bank of Cyprus CEO John Hourican over comments he made in a leaked internal email criticising the “bemusing politicisation of the insolvency law”.

Apart from the snippets published by Sigmalive when the email was leaked on Thursday in which Hourican called out Cypriot politicians, suggesting that some at least were playing a double game on the controversial issue of foreclosures, the email – seen by the Cyprus Mail on Friday – also reveals that the bank has restructured more than half of the housing NPLs held by unemployed people.

And although a bank source, speaking on condition of anonymity, said they could not respond officially to a leaked internal document, the Bank of Cyprus had already restructured 57 per cent of non-performing housing loans to retail clients while in the case of unemployed clients, the respective rate was 51 per cent, the source said.

The source didn’t rule out that the parties’ reactions might be related to the “loss of [political] control” over the BoC board, which was changed last November.

Hourican’s email had said: “To the extent that some politicians are, indeed, pretending to be protecting the more vulnerable in society against the ‘bad banks’ when really they are protecting the larger businesses in Cyprus, this is a scandal.”

Opposition MPs recently suspended – for a second time – implementation of foreclosures legislation to March 2.

Hourican went on to describe the bank’s policy in dealing with mortgaged properties: “You are also right that the prospect of mass foreclosures of small homes and apartments makes no financial sense to us. We need to start pointing this out so that it starts to be better understood.

“But do remember that we have a clear ‘no quarters’ policy on the big spenders who will have to start recognising that they took big obligations and they need to honour them.”

The BoC CEO said the bank had “come a long-long way towards restructuring /dealing with the big loans that the press was calling ‘the big thirty‘”.

“But from the negotiations, as they appear now, it’s clear to me that the delays in the foreclosures law and the bemusing politicisation of the insolvency law are hurting the process. I completely agree with XXXXX that the political comments about ‘mass foreclosures’ are absurd. XXXX needs to start explaining the numbers more forcefully to them in hope that they will understand that such a possibility is a product of their imagination,” read the email seen by the Cyprus Mail.

Hourican says numbers showed the way in which the current situation was serving two categories of borrowers: “the very large ones in recoveries and the strategic defaulters who refuse to pay because they do not feel they have to.

“I understand the argument made ??in the discussion that some politicians do not want to understand that ‘mass foreclosures’ are out of the question because they have ulterior/electoral politics and they actively want to hurt the bank. But we have come a long way and I do not think we can function on such a premise. Explain the numbers and I am optimistic that they will understand even if it does hurt their personal agenda,” the email said.

The parties laid in to Hourican after Sigmalive had published its article on Thursday based on the snippets posted from the leaked email.

Opposition AKEL spokesman Giorgos Loucaides said on Friday that Hourican, and banks in general needed to be more careful before criticising the attitude of the political parties “not only because the banks are solely responsible for the collapse of the economy… but because throughout the issue of foreclosures, Mr Hourican seems to forget that while banks publicly proclaim that their goal is not to target small borrowers, they continue to disagree with any initiatives we undertook to protect the same small borrowers.”

DIKO said that assurances from Hourican that the bank was not interested in going after homeowners and small borrowers could not be relied on whereas the mission of the party was to “protect the public and particularly those who have paid dearly for the mismanagement of the banking system”.

“Mr Hourican needs to clarify what he means because so far, the reluctance to substantially restructure loans, shows no evidence that banks are working in the direction of supporting the real economy,” it added.

Responding to comments by EDEK deputy chairman Marinos Sizopoulos who alleged the lender was “terrorising borrowers” ahead of the impending implementation of the foreclosures law, the BoC source said the bank sends letters to customers not servicing their loans because the bank is “obliged” to do so by regulations.

“Letters have nothing to do with foreclosures, but inform people about arrears and open up the restructuring procedure which is our first priority with smaller clients,” the Bank of Cyprus official said.

Sizopoulos also said in his statement: “Does Mr Hourican realise or not that the banks recapitalised at the expense of depositors and old shareholders?”. He called on the BoC CEO to clarify whether the bank planned to package and sell bad loans to a third party. He also questioned how much time Irish-banker Hourican “spends in Cyprus in order to understand the problems in the economy”.

The Green Party and Citizens Alliance also weighed in. The latter said it had repeatedly called for borrowers to be separated into categories; big and small borrowers. The banks should then look at those in terms of who can pay but won’t, “who have taken advantage of the system,” and those who genuinely cannot meet their repayments.

It asked that BoC provide information on the formula being used for restructuring loans in the latter case and how much interest was being charged in those instances.

“We expect the BoC to inform us whether the Central Bank’s Code of Conduct facilitates or hinders their work and what suggestions they have in this regard,” the party added.

There have been a number of reports from borrowers associations that the banks are not only slow to restructure loans but often do not even respond to borrowers who ask.

The Green Party said it was ready to remove its opposition to the foreclosures law if the BoC immediately reduces interest rates to the levels of other European countries, removes unfair and punitive clauses in loan agreements, and agree to come under the provisions of the criminal code for usury.

“But because none of them will do these things we will continue to insist on the implementation of an efficient insolvency framework that will protect citizens against the wolves,” the party said.

Editor’s comment

Interestingly, not one of the politicians lambasting John Hourican rejected his assertion that politicians are protecting the larger businesses in Cyprus.

Just the usual political buffoonery that we’ve come to expect from them!

Stalemate over bad loan guarantors

THE TROIKA of international lenders and political parties on Thursday failed to reach a consensus on the thorny issue of guarantors to bad loans, which forms part of the fifth and last bill of a package of proposed laws known as the insolvency framework.

According to the Cyprus News Agency (CNA), the troika people proposed loan restructuring where the secured loan amount will burden the principal debtor, the rest being the responsibility of the guarantors.

Court orders mandating a loan restructure would apply for the secured amount of the debt only, with the guarantors obliged to settle the remaining amount.

By way of example, if the total loan comes to €100,000 but the value of the security amounts to €80,000, the bank would essentially issue a new loan for €80,000, with the remaining €20,000 considered unsecured and to be paid by the guarantors.

Banks would also be entitled to chase guarantors for other unsecured debt of principal debtors, such as credit cards and overdrafts.

The same arrangement would hold for bankruptcies – the bank would receive the secured amount, and then go after guarantors for the rest.

The troika argued that a bank cannot be entitled to less than it would be if properties used as collateral were to be foreclosed on and sold.

Party officials disagreed, arguing that the loan amount comprises not only the principal and the regular interest rate, but also often includes overcharges.

They insisted that banks ought to share some of the cost.

The politicians further said that the vast majority of borrowers are in dire financial straits, an assertion rejected by the troika.

During the meeting, which lasted two-and-a-half hours, the team of international creditors complained about the lack of data on debt guarantors, CNA reports.

Further discussion of the bill between the troika and finance ministry officials is expected to take place today Friday. This week alone, Finance Minister Harris Georgiades has held three meetings with the international lenders, who are here reviewing progress in Cyprus’ €10 billion bailout programme.

According to data cited by CNA, so far some 10,000 individuals have filed for bankruptcy, while around 2,000 companies are currently under liquidation proceedings that are pending because an insolvency practitioner has yet to be appointed. Thousands more companies are expected to file for bankruptcy in the near future.

Meanwhile, news outlet Sigmalive on Thursday released an email apparently belonging to Bank of Cyprus CEO John Hourican.

The revealing missive – an internal bank email – calls out Cypriot politicians, suggesting that some at least are playing a double game on the controversial issue of foreclosures.

Opposition MPs recently suspended – for a second time – implementation of foreclosures legislation to March 2.

The email attributed to Hourican reads: “To the extent that some politicians are, indeed, pretending to be protecting the more vulnerable in society against the ‘bad banks’ when really they are protecting the larger businesses in Cyprus, this is a scandal.”

Hourican goes on to describe the bank’s policy in dealing with mortgaged properties:

“You are also right that the prospect of mass foreclosures of small homes and apartments makes no financial sense to us. We need to start pointing this out so that it starts to be better understood.

“But do remember that we have a clear ‘no quarters’ policy on the big spenders who will have to start recognising that they took big obligations and they need to honour them.”