Application Form for the application of the general limitation period
To the Taraz City Court
Zhambyl region
To the judge …………
Republic of Kazakhstan, 080007,
Taraz, K.Turysova str. 7
726-1201@sud.kz
87262 34-75-50, 87262 34-75-43
from the Defendant: ..............
IIN: ...............
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002,
50 Zhibek Zholy Ave., office 202, Business center Block.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 (708) 578 57 58.
The petition
application of the general limitation period in a civil case
Q, there is a civil case pending in your proceedings № 3110-18-00-............ dated 11/21/20.... of the year, according to the claim of the LLP "Special Financial Company "........" ( Further, the Plaintiff) to ......... (Hereinafter referred to as the Defendant) on debt collection under a bank loan agreement. Where does the plaintiff justify his claims in accordance with the Bank Loan Agreement №.............. dated 11/30/20.... (hereinafter referred to as the Loan Agreement), between JSC Alliance Bank (hereinafter referred to as the Bank) and ........ (hereinafter referred to as the Borrower), a bank loan agreement was concluded, as a result of which the Bank provided the Borrower with a loan in the amount of 600,000 (six hundred thousand) tenge. On July 29, 2011, the Bank entered into a Factoring Agreement No....... with LLP......, according to which. The Bank ceded to ...... LLP (the assignee of the claim under the bank loan agreements of the CPC (the product of personal consumer lending of Alliance Bank JSC, which operated until 20.... year), including under the Loan Agreement. At the same time, in accordance with paragraph 2 of the section "Introduction" of the Factoring Agreement. The Bank has ceded to the assignee 100 (one hundred)% of the principal debt under the GAC bank loan agreements, 100 (one hundred)% of the accrued remuneration. 100 (one hundred)% of the accrued fees for maintaining debtors' bank accounts and 30 (thirty)% of the accrued penalties for late fulfillment of their obligations by debtors, since by the time the Factoring Agreement was signed, 70 (seventy) % of the accrued penalty was written off by the Bank (that is. The bank forgave the debtors most of the penalties). Subsequently, Spektr-Collect LLP was renamed SPEKTR Finance LLP, and an Additional Agreement was concluded between the Bank and the assignee. ................. dated 09.26.20... to the Factoring Agreement. In turn, SPECTRUM Finance LLP (originator) on October 24, 20.... Securitization Agreement of the year, according to which it assigned to the plaintiff the rights of claim previously acquired from the Bank under the Factoring Agreement under the bank loan agreements, including the Loan Agreement. As of July 29, 2021, the Borrower's debt under the Loan Agreement amounted to 1,691,322 tenge, including partial payment in the amount of 324,742, the total amount of debt amounted to 1,366,579. 90 tenge.
We do not agree with the above arguments of the Plaintiff since the Plaintiff has already applied to the Arbitration Court "Forum Votum" located 050059, Almaty, md. Samal-2, d. …..., block "G" office 56., +7 (727) 224-45-62., asforumvotum@gmail.com ., where 02.09.2016 after the Permanent Arbitration "Forum Votum" as part of the arbitrator ..................., under the secretary of the arbitration session Balmukhambetov A.B., with the participation of a representative of the plaintiff, LLP "Special Financial Company "Finance" .............., acting on the basis of Power of Attorney No. 113 dated April 18, 20...... considered the dispute over the claim of Special Financial Company Finance LLP to ................... about the recovery of the debt amount and decided the claim - To satisfy the claims of the limited Liability partnership "Special Financial Company "Finance" to .............. on debt collection under a bank loan agreement, recovery of expenses for the payment of the arbitration fee, To recover from ............. in favor of the plaintiff - LLP "Special Financial Company "Finance" the amount of debt in the amount of 1,596,322, To recover from gr. ........., in favor of the plaintiff - LLP "Special Financial Company Finance" the amount of registration and arbitration fees paid by the plaintiff is 37,926. The basis for the consideration of claims in the Arbitration Court was the May 08 Agreement 20.............. An Agreement No. PTR00632 on debt repayment was concluded between the plaintiff and the Borrower's mother, according to which the defendant undertook to repay the above-mentioned debt in the amount of 1,691,322 tenge. In paragraph 2 of the above-mentioned Agreement, the parties have determined that all disputes, disagreements between the parties and claims of the parties arising from or in connection with the Agreement. including those related to its execution, violation, termination or invalidity, are subject to review and resolution in the Arbitration (Arbitration Court) "Forum Votum" in accordance with its Rules, at the location of the court in Almaty.
At the same time, the parties agreed that. that the decisions of the Forum Votum Arbitration Court are recognized by the parties as binding. After the Plaintiff receives the writ of execution by a private bailiff of the Zhambyl region,. ........., located at the address of Taraz, MD. .......... (7), 12, 21 block, e-mail address tel: 8 ................, enforcement proceedings were initiated to recover the amount of the debt, after which encumbrances were imposed with the collection of wages, which the Plaintiff does not agree in his claim. Simply pointing out the alleged voluntary repayment of the debt by the Debtor in order not to apply the statute of limitations, while the Respected court the amount of partial payment of the pension was forcibly collected from wages while the court's decisions were canceled. Accordingly, the statute of limitations should be applied in this civil case. Having disagreed with the above-mentioned decision, as at this court hearing, the defendant gr. ........., She did not participate, and she never received notifications about upcoming court sessions. We learned about this decision from the bailiffs. Thus, the defendant did not have the opportunity to familiarize himself with the subject of the statement of claim, the nature and size of the Plaintiff's claims and to collect the necessary materials to protect his interests. In addition, the case pending before the Forum Votum Arbitration Court affects the interests of gr. ........., and the decision in this case may affect the rights and obligations of the gr. ........., in connection with us to the Medeu District Court of Almaty An application was sent for the annulment of the arbitration award in this way on 27.07.20.. year Judge of the Medeu district Court of Almaty ............. having read the statement of the gr. ……..., on the annulment of the decision of the arbitration court "Forum Votum" dated September 02, 20..
Determined - to cancel the decision of 02.09.20... a year in the Arbitration Court "Forum Votum".and to resume this civil case on the merits. In the previous Statement of Claim to the Arbitration Court, the Plaintiff indicated the full transcript of the debts incurred as follows: The Borrower's debt under the Loan Agreement amounted to 1,691,322 (one million six hundred ninety one thousand three hundred twenty-two) tenge as of July 29, 20..., of which: the outstanding loan amount was 519,709 (five hundred nineteen thousand seven hundred and nine) tenge, unpaid remuneration amount - 699,946 (six hundred and ninety-nine thousand nine hundred and forty-six) tenge, 30 (thirty)% of the accrued penalty (penalty) - 471,667 (four hundred seventy-one thousand six hundred sixty-seven) tenge.
However, the Plaintiff's Claim does not provide a transcript of the amount owed, namely the amount of the main debt, remuneration, fees, commission, etc. in order to mislead the court. In accordance with Part 3 of Article 365 of the Civil Code of the Republic of Kazakhstan, "The debtor is not considered overdue until the obligation cannot be fulfilled due to the delay of the creditor." In accordance with Part 1 of Article 359 of the Civil Code of the Republic of Kazakhstan. "The debtor is responsible for non-fulfillment and (or) improper fulfillment of obligations in the presence of fault, unless otherwise provided by law or contract. The debtor is found innocent if he proves that he has taken all measures in his power to properly fulfill the obligation." Also, in accordance with Part 1 of Article 364 of the Civil Code of the Republic of Kazakhstan, "If non-fulfillment or improper fulfillment of obligations occurred due to the fault of both parties, the court accordingly reduces the amount of liability of the debtor."
Application Form for the application of the general limitation period
In the article of the "Legal Gazette" dated February 17, 20.., written by such prominent statesmen as: M. Alimbekov, former Chairman of the Supreme Court of the Republic of Kazakhstan and D. Tumabekov. judge of the Supreme Court of the Republic of Kazakhstan, it says that - QUOTE: " ... banks, microfinance and lending organizations do not submit timely demands to the court to recover from the borrower the amount owed on the principal debt, remuneration (interest), as a result of which the amounts of penalties (penalties) to be collected are deliberately increased, which ultimately leads to an increase in the amount of total debt and foreclosure on collateral property, the value of which is disproportionate to the loan received." We believe that the employees of Special Financial Company Finance LLP deliberately delayed going to COURT in order to plunge the Borrower into larger debts. Dear Court, according to the materials provided by the Plaintiff and the Certificate, it is specified in accordance with the factoring agreement № ................ The rights of claim under this bank loan agreement were assigned to Spektr-Collect LLP, which was later renamed SPECTRUM Finance LLP, based on an additional agreement. 5.5-16-3-1/934-2011/1 from 09.26.20.... SPECTRUM Finance LLP, under the securitization assignment agreement, ceded the right of claim under the Special Financial Company Finance LLP agreement.
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