Collection of the amount of debt under the car rental agreement with subsequent purchase

On April 25, 2018, between Karlyga (the Landlord) and Amanzhol (the Tenant) A car rental Agreement was concluded with subsequent purchase (hereinafter referred to as the Agreement). According to paragraph 1 of the Agreement, the "Lessor" undertook to provide the "Lessee" with temporary possession and use for a fee, with subsequent redemption upon payment of the entire cost, the following property: A ZAZ Chance car, model year 2013, identification number (VTN) Y6DTA69W0D0319785, body number Y6DTA69W0D0319785, color - blue, registration number 722....02, owned by the "Lessor" on the right of private ownership, without the provision of services by the Lessor for its management and technical operation, which the Lessee accepted, as evidenced by the corresponding receipt from the Lessee.  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, you wrote a Surety on April 25, 2018, which was certified by a Notary, as evidenced by the corresponding Surety dated 04/25/2018 in the appendices, as the Tenant undertook that, the Tenant and gr. ......... Meruert .........., commit to gr . ....... Karlyga ........ that in case of non-fulfillment of the gr ........ Amanzholom .........., its obligations under the car rental agreement with subsequent purchase, a car of the ZAZ Chance brand, model year 2013, identification number (VTN) Y6DTA69W0D0319785, body no. Y6DTA69W0D0319785, color - blue, registration number 722....02, in the amount of 4,160 000 tenge to pay off this debt. To date, the Tenant has not fulfilled its obligations, in addition, unilaterally refused to fulfill its obligations. The tenant, having driven the car in faulty technical condition to the Landlord's place of residence, without explaining the reasons, arbitrarily left the car and left after which he did not appear and does not want to somehow settle the Contractual relationship.

Collection of the amount of debt under the car rental agreement

After the Lessor repaired all the technical malfunctions of the above-mentioned car, he sold it in the amount of 1,000,000 tenge, whereas earlier it was purchased in the amount of 1,100,000 tenge. 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 had a monthly payment debt of 161,000 tenge and the amount taken against the receipt for the repair of the car of 258,000 tenge, as well as the difference in the amount of purchase and sale in the amount of 100,000 tenge. Paragraph 31 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 value of the original amount of the car from 1,100,000 tenge, amounting to 440,000 tenge.

The total amount owed by the Tenant to the Landlord was KZT 959,000. Article 330 of the Civil Code of the Republic of Kazakhstan, "Surety", By virtue of a surety, the surety undertakes to the creditor of another person (debtor) to be responsible for fulfilling the obligations of this person in whole or in part in a subsidiary manner. Article 332 of the Civil Code of the Republic of Kazakhstan. "Liability of the guarantor and the surety" clause 3. states that the surety is liable to the creditor within the amount specified in the surety, unless otherwise provided by the terms of the surety. Currently, you are not fulfilling your obligations (Violation of an obligation means non-fulfillment or improper fulfillment (untimely, with defects in goods and works, in violation of other conditions defined 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.

Collection of the amount of debt under the car rental agreement

By doing so, you are causing real material and moral harm to the Landlord and his family. In these circumstances, we require the Tenant and the guarantors to return the funds in the amount of 959,000 tenge as soon as possible. Due to the Tenant's failure to fulfill his obligations, the Landlord has the opinion that his actions are aimed at seizing property by deceiving and abusing the Landlord's trust, the Tenant and the guarantor were offered to return funds in the amount of 959,000 tenge to the Landlord by August 25, 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 our further cooperation with you will continue on mutually beneficial and mutually acceptable terms. However, all our attempts at a pre-trial settlement have not yielded results other than complete disregard. Thus, a STATEMENT of CLAIM was prepared for the recovery of the amount owed under the car rental agreement with subsequent purchase, and they motivated their arguments below as follows: According to paragraph 1 of the Agreement, the "Lessor" undertook to provide the "Lessee" with temporary possession and use for a fee, with subsequent purchase upon payment of the entire value, the following property: A ZAZ car Chance, 2013 model year, identification number (VTN) Y6DTA69W0D0319785, body no.Y6DTA69W0D0319785, color- blue, registration number 722EVB02, owned by the "Lessor" on the right of private ownership, without the provision of services by the Lessor for its management and technical operation, which the Lessee accepted, as evidenced by the corresponding receipt from the Lessee.

Collection of the amount of debt under the car rental agreement

According to clause 3 of the Agreement, the parties agreed that the rent is 6,700 (six thousand seven hundred) tenge per day until October 26, 2018 and 6,200 (six thousand two hundred) tenge until the end of the lease term. The "Tenant" undertakes to pay the rent payment daily until 20:00, if there is a payment at a later time, it is considered late, which the "Tenant" must pay no later than the next day before 20:00. By agreement of the parties, the payment can be made every 10 days in advance. Provided for in p.p. "A", p. 8 in case of non-payment of the daily payments stipulated in clause 3 of this Agreement within 3 (three) days. At the same time, all previously paid amounts remain with the "Landlord". I would like to note the 18th clause 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 with taking into account the normal wear and repair of the Car, 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. 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. paragraph 22, Payment of fines for the Car is the main payment, and until it is made, incoming daily payments will be credited to the repayment of arrears on them, and only after The repayment of the fine will 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. Written form of guarantee or surety agreements, by the Guarantors Yerkin and Meruert (hereinafter referred to as the Guarantors), on April 25, 2018, a Surety was written, which was certified by a Notary, as evidenced by the corresponding Surety dated 04/25/2018, where the Guarantors pledged that, you commit to gr....... Karlyga ....... that in case of non-fulfillment by the Defendant ....... Amanzholom .........., its obligations under the car rental agreement with subsequent purchase, a car of the ZAZ Chance brand, model year 2013, identification number (VTN) Y6DTA69W0D0319785, body no. Y6DTA69W0D0319785, color - blue, registration number 722...02, in the amount of 4,160,000 tenge to repay this debt. Article 330 of the Civil Code of the Republic of Kazakhstan, "Surety", By virtue of a surety, the surety undertakes to the creditor of another person (debtor) to be responsible for fulfilling the obligations of this person in whole or in part in a subsidiary manner.

Collection of the amount of debt under the car rental agreement

 

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