Application form for checking the legality of bank employees' actions

 

To the prosecutor of Almaty

_____________________

189 Zheltoksan St., Almaty

To the head of the Department of Internal Affairs of Almaty

Ministry of Internal Affairs of the Republic of Kazakhstan

______________________

Almaty, ul. Masanchi, 57 "A".

From: ________________________

IIN _________________.

about. at the address: _______________________

hundreds of bodies: _________________

Representative by proxy:

Sarzhanovgalymzhanturlybekovich

IIN: 850722301036.

Almaty, Medeu district,050002,

50 Zhibekzholy Ave., office 202, Business center Block.

info@zakonpravo.kz / www.zakonpravo.kz

+ 7 (708) 578 57 58.

statement

I am, ________________, Personal identification number №_________, issued by the Ministry of Internal Affairs of the Republic of Kazakhstan dated 12.10.201_, residing at: ____________________. In accordance with the terms of the bank agreement № _________, I received a Loan from Kaspi Bank JSC in the amount of 2,500,000 (Two million five hundred thousand) tenge, intended use: consumer purposes. Until recently, As my positive credit history shows, I faithfully fulfilled my obligations, as well as timely and fully fulfilled my obligations to pay principal and interest according to the established payment schedule.  But, unfortunately, in connection with the global crisis that the Leader of the Nation, President of the Republic of Kazakhstan Nursultan Nazarbayev, spoke about in his Message to the people of Kazakhstan on 11.11.2014, the text: Today the whole world is facing new challenges and threats. The global economy has not recovered from the effects of the global financial and economic crisis. The recovery is proceeding at a very slow and uncertain pace, and somewhere else the recession continues. The geopolitical crisis and the sanctions policy of the leading powers create an additional obstacle to the recovery of the global economy.  As you know, the forecasts for the development of the global economy for 2014 and the next two years have been revised downwards by the International Monetary Fund and the World Bank.

Therefore, we need to quickly review some positions, as well as make adjustments to the plans for the coming period. We must promptly take all possible measures to prevent negative trends and be loyal in difficult times for the people. The difficult times that have developed have not spared my family, which have led to a number of undesirable and unpleasant consequences for me and my family, both financially and morally. Moreover, it had a disastrous effect on my health. Due to the severe psychological and emotional stress due to the inability to pay off debt obligations, I developed various types of diseases. I am going through difficult times, I am currently working, but my earnings are not enough for food, and there are no other additional financial sources. Due to financial difficulties, late payment of debt obligations was made on my part, and I went into arrears. I notified the Bank about this in a timely manner by making an oral statement that I would continue fulfilling my obligations under the bank loan agreement for the employment of my family members, and due to financial difficulties, I have repeatedly contacted Kaspi Bank JSC in writing and verbally to provide any preferential conditions for fulfilling my obligations under the Agreement. a bank loan in the hope of resolving the current situation in a pre-trial and peaceful manner. The bank has been notified of the current situation, as I have repeatedly explained the situation to the employees of this bank. On September 11, 201_, I once again applied with the incoming number _______, in which I informed the bank that, to the extent possible, the financial situation of my family, I intend, with the exception of fines, penalties, and accrued to continue fulfilling obligations and pay 10,000 tenge per month, and to improve my financial condition, I undertake, in my own interests, to completely close the Loan or increase the monthly payment.

Or, in these difficult times for me and the entire people of Kazakhstan, I ask you to grant a postponement of the fulfillment of obligations under the Bank Loan Agreement or to give any preferential opportunities to fulfill contractual obligations, as well as to resolve the situation peacefully. In each appeal, I always pointed out that the Bank and/or any creditor has the right to recover the debt in court at any time. However, I only received obscenities and rudeness in response. After the delay came from the bank, I started receiving calls about delays, and about the need to pay the loan, which I myself repeatedly reported to the bank about my insolvency and receiving a deferral or preferential terms, but in response I received only misunderstanding, rudeness and arrogance of the bank staff. My repeated requests for the provision of any title documents confirming the right of the employees of Kaspi Bank JSC to demand any funds from me were also ignored. Calls have become more frequent, including in the evening and at night. Due to the specifics of my job, I can't give up mobile communication during the day, so I had to take night calls.

At the same time, I pointed out to the callers that their actions showed signs of hooliganism as articles contained in the Criminal Code of the Republic of Kazakhstan and the Administrative Code of the Republic of Kazakhstan, and therefore, in order to protect my rights, I addressed Kaspi Bank JSC on September 11, 201_. No. _____, an Application for revocation of consent to the processing of personal data has been sent (see the appendix). To date, I have not received a reasoned response to my appeals to Kaspi Bank JSC, in addition, after my statement, posing as bank employees, calls began to arrive, where I received a stream of obscene language, and employees began to directly insult me, as well as threaten me, my family and loved ones. Where they demand that I immediately pay them the money to repay the loan I took from Kaspi Bank JSC.  Otherwise, these citizens, according to them, intended to come to my house and independently remove the household items they liked. To my polite reply that the legislation of the Republic of Kazakhstan indicates the only way to collect debts is through the courts, I received a stream of obscene language and insults. The citizens who called introduced themselves as employees of Kaspi Bank JSC, but they did not provide their full names. They demanded that I immediately pay them money to repay the loan I had taken from Kaspi Bank JSC. Otherwise, these citizens, according to them, will block all my accounts from where I receive my salary, restrict my departure from the Republic of Kazakhstan, open a criminal case on fraud, put me on the wanted list, and then put me in prison, and in the end they will take away my housing with all my possessions.

The citizens who called expressed themselves very loudly, and in order to intimidate me, they hooliganely threatened me in every way, however, I pointed out to these citizens that I regarded their actions as hooligan, but their behavior changed only towards increasing aggression. In addition, I informed them that the seizure of property can only be carried out by bailiffs acting within the framework of enforcement proceedings, and that the seizure of property fraudulently is a crime and is prosecuted in accordance with the Criminal Code of the Republic of Kazakhstan. After each such conversation, I was forced to resort to medication, sedatives, and also to call a doctor, as their actions cause me psychological trauma and undermine the psycho-emotional background, systematic humiliation of human dignity, even leading to suicide. Article 1 of the Constitution of the Republic of Kazakhstan states that "The Republic of Kazakhstan asserts itself as a democratic, secular, legal and social state, the highest values of which are man, his life, rights and freedoms." Article 12 of the Constitution of the Republic of Kazakhstan states "In the Republic of Kazakhstan, human rights and freedoms are recognized and guaranteed in accordance with the Constitution.

Human rights and freedoms belong to everyone from birth, are recognized as absolute and inalienable, and determine the content and application of laws and other regulatory legal acts." Also, in Article 13 of the Constitution of the Republic of Kazakhstan, "Everyone has the right to have their legal personality recognized and has the right to defend their rights and freedoms in all ways that do not contradict the law, including necessary defense, and everyone has the right to judicial protection of their rights and freedoms," and in Article 17 it says "Human dignity is inviolable." and finally, in the Constitution of the Republic of Kazakhstan, in Article 18, "Everyone has the right to privacy, personal and family secrets, protection of their honor and dignity, everyone has the right to privacy of personal deposits and savings, correspondence, telephone conversations, postal, telegraphic and other communications. Restrictions on this right are allowed only in cases and in accordance with the procedure directly established by law."

Application form for checking the legality of bank employees' actions

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