A sample Application to the bank for the write-off of illegally accrued interest under the loan agreement
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JSC "___________" address: ______________
from: ______________ IIN: _____________
address: ______________ tel.: ______________
Statement
In accordance with the loan Agreement № ________ of _________ year entered into by and between _________ (hereinafter, the Lenders), on the one hand, JSC "___________agriculture" (hereinafter – Attorney agent), with the second hand, and me, _____________(hereinafter, the Borrower), The lender gave me a loan of up to __________ in the 2 596 500 tenge for the purchase of housing.It should be noted that I fulfilled my obligations on time and in accordance with the established procedure.
in accordance with the Loan Agreement. Due to the delay in wages, and due to the lack of another source of income, I had to go into arrears, but then I returned to my schedule and continued fulfilling my obligations.I recently found out that, it turns out, I received a penalty in the amount of 103,568 tenge, and I had a logical question, where did such a large amount come from? After all, there have been no notifications from your side regarding the resulting penalty. Whereas paragraph 1 of Article 36 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities" states: If there is a delay in fulfilling obligations under a bank loan agreement, but no later than thirty calendar days from the date of its occurrence, the bank (an organization engaged in certain types of banking operations) is obliged to notify the borrower in the manner and within the time limits provided for in the bank loan agreement, about: 1) the need to make payments under the bank loan agreement, indicating the amount of overdue debt; 2) the consequences of the borrower's failure to fulfill its obligations under the bank loan agreement. A bank (an organization that performs certain types of banking operations) has the right to involve a collection agency to notify the borrower.
When examining the reconciliation report for the period from 12.12.2013 to 27.02.2019, I found out that the amounts I deposited to repay the loan were primarily used to repay the interest on the principal debt, and then to repay the principal debt. Whereas, in accordance with paragraph 2 of art. 282 of the Civil Code of the Republic of Kazakhstan, the amount of the payment made, which is insufficient to fulfill the monetary obligation, in the absence of any other agreement between the parties, primarily repays the debt on the principal debt and remuneration (interest), the principal debt and remuneration (interest) for the current period, and in the remaining part - the penalty and the costs of the creditor to obtain performance.
Also in paragraphs 7-1 of art. 34 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities" stipulates that the amount of payment made by the borrower under a bank loan agreement concluded with an individual, if it is insufficient to fulfill the borrower's obligations under the bank loan agreement, repays the borrower's debt in the following order:1) principal debt; 2) remuneration debt; 3) penalty (fine, fine) in the amount determined in accordance with paragraph 2 of Article 35 of this Law; 4) the amount of the principal debt for the current payment period;5) remuneration, accrued for the current payment period; 5-1) commissions and other payments related to the issuance and servicing of the loan; 6) the lender's costs of obtaining execution.Upon expiration of one hundred and eighty consecutive calendar days of delay, the amount of the payment made by the borrower under the bank loan agreement concluded with an individual, if it is insufficient to fulfill the borrower's obligations under the bank loan agreement.
the loan repays the borrower's debt in the following order:1) principal debt; 2) remuneration debt; 3) the amount of the principal debt for the current payment period; 4) remuneration accrued for the current payment period; 5) penalty (fine, fine) in the amount determined in accordance with paragraph 2 of Article 35 of this Law;5-1) commissions and other payments related to the issuance and servicing of the loan; 6) the costs of the creditor to obtain the execution.Thus, the above arguments confirm the illegality of the accrued penalty. The principal and remuneration are an integral part of the contractual relationship between the borrower and the lender, and the penalty does not relate to the contractual relationship, therefore, you can write off the penalty at your discretion.Since at the moment I am fulfilling my obligations under the Loan Agreement on time and on the basis of the above,
I ask you to:
Write off the accrued penalty under the Loan Agreement no. ________ of ________ year.
To respond to the application within the time limits prescribed by law.
with respect,
________________/Sarzhanov G.T. "__" _______ 2019 G.
According to Article 17 of the Law of the Republic of Kazakhstan "On the procedure for considering appeals from individuals and legal entities", Violation of the legislation of the Republic of Kazakhstan on the procedure for considering appeals
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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