An application to the Comfort House for the write-off of penalties and fines and the payments made should be transferred to the repayment of the principal debt
In "Comfort at Home" LLP BIN 170740027664 Republic
Kazakhstan, Almaty, 050000. Md.Zhetysu-2, 85/136
from: IIN ___________ Almaty, 050063 Kargalinskaya 4 +7 707 .......
statement
"25" May 2019 and "10" September 2019 between _____________________ and the LLP concluded Property Lease Agreements with the subsequent right of redemption for No. KD0010881 and No. KD0073337 with the intended purpose for consumer purposes. In accordance with paragraph 1 of Article 540 of the Civil Code of the Republic of Kazakhstan, under a property lease agreement, the landlord undertakes to provide the tenant with property for a fee for temporary possession and use. Due to financial difficulties on the part of the Employer, late payments of debt obligations were made, and a significant amount of debt has been accumulated to date.
However, in connection with the declaration by the World Health Organization of the new coronavirus COVID-19 as a pandemic in order to protect the life and health of citizens, President Kassym-Jomart Kemelovich, in accordance with the legislation of the Republic of Kazakhstan, introduced a state of emergency throughout the Republic of Kazakhstan. For the duration of the state of emergency, temporary restrictions were imposed on the work of the population, which did not bypass the family. ________________., a side.
An application to the Comfort House for the cancellation of penalties and fines and the payments made should be transferred to the repayment of the principal debt
Due to non-fulfillment of obligations under the Property Lease Agreement, as of 04/18/2020, the amount of debt is:
Under contract no. KD0010881, the principal debt is KZT 57,439.45, the fine is KZT 36,840, and the total is KZT 94,279.45.
under contract no. KD0073337, the principal debt is 59,911.51 tenge, the penalty is 1,000 tenge, the fine is 35,000 tenge, and the total is 95,911.51 tenge.
Which I disagree with, regarding the accrual of a fine from the LLP in the amount of -38,094 tenge and -35,000 tenge, which does not fall within any framework of the current legislation of the Republic of Kazakhstan. As for the accrued fines, this amount is excessively large compared to the LLP's losses, whereas all commercial organizations of the Republic of Kazakhstan adhere to art. 295 of the Civil Code of the Republic of Kazakhstan, which states that the creditor has the right to demand payment of a penalty, a legal penalty determined by law, regardless of whether the obligation to pay it is provided for by agreement of the parties. According to Article 5, the Civil Code of the Republic of Kazakhstan applies civil legislation by analogy In cases where the relations provided for in paragraphs 1 and 2 of Article 1 of this Code are not directly regulated by legislation or agreement of the parties and there are no customs applicable to them, the norms of civil legislation governing similar relations apply to such relations, since this does not contradict their essence (analogy of the law). If it is impossible to use the analogy of law in these cases, the rights and obligations of the parties are determined based on the general principles and meaning of civil legislation and the requirements of good faith, reasonableness and fairness (analogy of law).
Thus, the Law "On Banks and Banking Activities", which states "The amount of the penalty (fine, penalty) for violating the obligation to repay the loan amount and (or) pay remuneration under a loan agreement concluded with an individual, including a mortgage loan agreement, may not exceed 0.5 percent of the overdue payment amount for each the day of delay, but not more than 10 (ten) percent of the loan amount for each year of the loan agreement." Accordingly, the amount of the fine under the above-mentioned lease agreements should not exceed 10 (ten) percent of the principal debt, also according to art. 297 of the Civil Code of the Republic of Kazakhstan if the fine to be paid is excessively large in comparison with the losses of the creditor, the court has the right to reduce the penalty, taking into account the degree of fulfillment of obligations by the debtor and the interests of the debtor that deserve attention, the court reduces the amount of liability of the debtor if the creditor intentionally or negligently contributed to an increase in the amount of losses caused by non-performance or improper performance, or did not take reasonable measures to reduction.
An application to the Comfort House for the write-off of penalties and fines and the payments made should be transferred to the repayment of the principal debt
It follows from the contents of clauses 7-1 of Article 34 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities" (hereinafter referred to as the Law) that the amount of payment made by the borrower under an agreement concluded with an individual, if it is insufficient to fulfill the borrower's obligations under the agreement, repays the borrower's debt in the following order: 1) arrears on the principal debt; 2) arrears on remuneration; 3) penalty (fine, fine) in the amount determined in accordance with paragraph 2 of Article 35 of this Law; Thus, all payments made and made by me should primarily be used to pay off the debt only on the principal debt.
In addition, I consider the LLP's requirement to pay and repay in full the debt under contract no. KD0010881- 94 279.45 tenge and under contract no. KD0073337 - 95 911.51 tenge is not possible, and we do not agree with the LLP's calculation as of 04/18/2020, this amount is not legitimate and unreasonable and does not comply with the laws of the Republic of Kazakhstan. An application to the Comfort House for the cancellation of penalties and fines Based on the above, I believe that the calculation of the amount owed by the LLP should be carried out in accordance with the principles of good faith, reasonableness and fairness, therefore, it is necessary to take into account the early payments made and the norms of legislation. I would like to inform you that I intend to resolve the current situation peacefully if ________________ If "to the house" completely eliminates the fine under the above-mentioned Property Lease Agreements, then I, for my part, am ready to continue fulfilling my obligations and repay the debt that has been incurred. On the basis of the above and in accordance with art.295 of the Civil Code of the Republic of Kazakhstan, and art.34, art.35 of the Law, an application to the Comfort House for the cancellation of penalties and fines
ask you:
Make a debt settlement agreement by acknowledging the Employer's debt:
according to the agreement for No. KD0010881 dated May 25, 2019, the amount of 57,439.45 tenge,
under the agreement for No.KD0073337 dated September 10, 2019, the amount of 59,911.51 tenge,
and write off the remaining penalties, fines, etc.;
To provide an opportunity to continue fulfilling debt obligations by dividing the amount of the principal debt under each of the above-mentioned agreements into two parts, dividing it into two months, during which the Employer undertakes to repay the overdue debt;
All payments made under the above-mentioned agreements should be transferred to the repayment of the principal debt;
Resolve this issue peacefully;
To respond to the Application within the prescribed time limits.
I hope that our further cooperation with you will continue on mutually beneficial and mutually acceptable terms. Yours sincerely,, _________/________________ "____"_____________2020 the year.
Назар аударыңыз!
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