A successful case for collecting the amount of debt under a car rental agreement with subsequent purchase
On April 25, 2018, between Karlyga (dale Landlord) and gr. Yerkin (hereinafter referred to as the Tenant) A car rental Agreement was concluded with subsequent purchase (hereinafter referred to as the Agreement). According to paragraphs 1 and 2 of the Agreement, the "Lessor" undertakes to provide the "Lessee" with temporary possession and use for a fee, with subsequent redemption upon payment of the entire cost, the following property: Lada 21941 110 41 car, 2013 model year, identification number (VIN) HTA219410E0013462, body number HTA219410E0013462, color- metallic silver, registration number ...EVB02,. The specified car belongs to the "Lessor" by right of ownership on the basis of the Certificate of registration of the AJ series No. 00100697, issued on 24.04.2018, issued by the Administrative Division of the Department of Internal Affairs of the city of Almaty. In connection with the non-fulfillment of its obligations, in addition, the Tenant unilaterally refused to fulfill its obligations. According to clause 12, the "Lessee" is obliged, at the first request of the representative of the "Lessor", to inform about the location and condition of the car – however, the Lessee ignores this clause of the Contract. Also in the paragraph . 13, it is stipulated that all risks, including the risk of accidental loss of Property, are assigned to the "Tenant" - which is also not fulfilled by the Tenant.
A successful case for collecting the amount of debt under a car rental agreement with subsequent purchase
The Lessee was reminded of clause 19 of the Agreement, which stipulates: If, as a result of a violation of the terms of this Agreement, namely non-payment of daily payments within 6 (six) days, the "Lessor" decides to terminate this Agreement and seize the Car from the "Lessee", the latter undertakes to reimburse the "Lessor" for the entire cost of restoring the previous condition, taking into account normal car wear and repair, if required. As well as in the event of an accident, the tenant's spouse and the person who acts as the guarantor are required to comply with all the terms of this agreement. Based on the above arguments, we believe that the terms of the agreement dated April 25, 2018 for the rental of a car with subsequent purchase were violated, namely, the late payment of the rent of the car. As a result, the Tenant incurred arrears in accordance with clause 3 of the Agreement, for daily payment for delay of 26 days in the amount of 174,200 tenge, accrued penalty for delay of 26 days, which amounted to 39,000 tenge for each day of delay in accordance with clause 22.23 of the Agreement. Paragraph 30 of the Agreement stipulates that in case of refusal to fulfill the terms of the agreement, as well as in case of premature return of the car, the "Lessee" undertakes to pay a penalty in the amount of 40% of the initial cost of the car 1,500,000 tenge, amounting to 600,000 tenge. Also, the borrowed funds in the amount of 50,000 tenge according to the receipt dated 24.09.2018, the total amount owed by the Tenant to the Landlord was 863,200 tenge. Thus, the Lessee does not fulfill its obligations (Violation of an obligation is understood as its non-fulfillment or improper fulfillment (untimely, with defects in goods and works, in violation of other conditions determined by the content of the obligation) - improper fulfillment of part 1 of Article 349 of the Civil Code of the Republic of Kazakhstan), which is not permissible according to Article 272 of the Civil Code of the Republic of Kazakhstan. Thus, the Tenant has caused real material and moral harm to the Landlord and his family. In these circumstances, the Tenant was required to return the funds in the amount of 863,200 tenge as soon as possible. Due to your failure to fulfill your obligations, we have the opinion that your actions are aimed at seizing property by deceiving and abusing the Landlord's trust, we suggest that you return the funds in the amount of 863,200 tenge to the Landlord by November 30, 2018.
If you do not return the funds within the specified period, we reserve the right to take this matter to court. As well as to recover the amount of material (losses and penalties, Article 351 of the Civil Code of the Republic of Kazakhstan) and moral damage and/or apply to other competent authorities. 152 and 279 of the CPC RK and art. 402 of the Civil Code of the Republic of Kazakhstan, providing that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff has not complied with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure has not been lost and preserved. Since this procedure is not prohibited by any of the regulatory acts of the Republic of Kazakhstan, we hope that further cooperation with the Tenant will continue on mutually beneficial and mutually acceptable terms. However, we have not received any positive feedback on debt repayment. Subsequently, they were forced to file a CLAIM with the court for recovery of the amount owed under the car rental agreement with subsequent purchase, and their claims were motivated according to paragraph 21, the "Tenant" for late payment for using the Car pays a fine of 1,500 (one thousand five hundred) tenge for each day of delay. 22, The payment of fines for the Car is the main payment, and until it is made, the incoming daily payments will be credited to the repayment of the debt on them, and only after repayment of the fine will they be accepted as payment under the contract. Under this Agreement, in accordance with paragraph 3, Article 331 of the Civil Code of the Republic of Kazakhstan. The written form of the guarantee or surety agreements signed by the defendant gr. Dosym, on April 25, 2018, a Guarantee was written, which was certified by a Notary, as evidenced by the corresponding Guarantee dated April 25, 2018 in the appendices, where gr. D.I., (hereinafter the Defendant) undertook that he "gr. Dosym , born on 02/18/1983, a native of the Almaty region, IIN .........., residing at: Almaty region, Karasai district, village ......., Sadovaya street, house 21, I undertake to gr. Karlyga that in case of non-fulfillment gr. Yerkin fulfilled his obligations under the car rental agreement with subsequent purchase of a Lada 21941 110 41 car, 2013 model year, identification number (VIN) HTA219410E0013462, body No. HTA219410E0013462, color- metallic silver, registration number ...EVB02, in the amount of 4,800,000 (four million eight hundred thousand) tenge to repay this debt." A successful case for collecting the amount of debt under a car rental agreement with subsequent purchase, Article 329 of the Civil Code of the Republic of Kazakhstan, "Guarantee".
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