Disputes about debt collection | Annulment of an Arbitration Court decision | Legal services for arbitration disputes

On 09/02/2016, the Permanent Forum Votum Arbitration, consisting of the arbitrator S.E. Yerkenov, with the secretary of the arbitration session, A.B. Balmukhambetov, with the participation of the representative of the plaintiff, I.A. Nefedov, Special Financial Company Finance LLP, acting on the basis of power of Attorney No. 113 dated April 18, 2016, considered the dispute over the claim of Special Financial Company LLP. the company "Finance" to the North Kazakhstan Region to recover the amount of debt and resolved the lawsuit - To satisfy the claims of the limited Liability partnership Special Financial Company Finance against North Kazakhstan Region for debt collection under a bank loan agreement, recovery of expenses for the payment of an arbitration fee, and to recover from North Kazakhstan Region in favor of the plaintiff, Special Financial Company Finance LLP, the amount of debt in the amount of 1,596,322 (One million five hundred ninety-six thousand three hundred and twenty-two tenge 00 tiyn), To recover from the North Kazakhstan Region in favor of the plaintiff - LLP "Special Financial Company "Finance" the amount of registration and arbitration fees paid by the plaintiff is 37,926 (Thirty-seven thousand nine hundred and twenty-six tenge 00 tiyn). At this court session, the defendant S.K.A. did not participate, and he 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 S.K.A., and the decision in this case may affect the rights and obligations of S. K.A.

Disputes about debt collection | Annulment of an Arbitration Court decision | Legal services for arbitration disputes

           On the grounds set out by us, an Application for the annulment of the arbitration award was sent to the Medeu District Court of Almaty. Thus, on 27.07.2017, the Judge of the Medeu District Court of Almaty, D.A. Aketaev, having read the statement of S.K.O. on the annulment of the decision of the arbitration court "Forum Votum" dated September 02, 2016, determined - to cancel the decision of 09/02/2016 in The Arbitration Court "Forum Votum".and to resume this civil case on the merits. Based on the above, we explain that in accordance with the Bank Loan Agreement No. 1417-EC-1258626/2006 dated 11/30/2006 (hereinafter referred to as the Loan Agreement), Alliance Bank JSC (hereinafter referred to as the Bank) and S.K.O. (hereinafter referred to as the Borrower) concluded a bank loan agreement, as a result of which the Bank provided the Borrower with a loan in the amount of 600,000 (six hundred thousand) tenge. Due to financial difficulties, the borrower violated its obligations under the Loan Agreement for timely repayment of the loan and remuneration payments. On July 29, 2011, the Bank entered into a Factoring Agreement with Spektr-Collect LLP No. 5.516-3-1/934-2011 , according to which. The Bank ceded to Spektr-Collect LLP (the assignee of the claim under the bank loan agreements of the CPC (a personal consumer lending product of Alliance Bank JSC, which operated until 2009), 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.

Disputes about debt collection | Annulment of an Arbitration Court decision | Legal services for arbitration disputes

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. 5.5-16-3-1/934-2011/1 dated 26.09.2011 to the Factoring Agreement. In turn, SPECTRUM Finance LLP (the originator) on October 24, 2011, on securitization, according to which it assigned to the plaintiff the rights of claim previously acquired from the Bank under the Factoring Agreement under bank loan agreements, including under the Loan Agreement. As of July 29, 2011, the Borrower's debt under the Loan Agreement amounted to 1,691,322 (one million six hundred and ninety-one thousand three hundred and twenty-two) tenge, of which: the outstanding loan amount was 519,709 (five hundred and nineteen thousand seven hundred and nine) tenge, the unpaid remuneration amount was 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. On May 08, 2015, the plaintiff and the Borrower's mother entered into an Agreement No. PTR00632 on debt repayment, according to which the defendant undertook to repay the above-mentioned debt in the amount of 1,691,322 (one million six hundred ninety one thousand three hundred twenty-two) 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. On May 08, 2015, the plaintiff and the defendant's mother entered into an Additional Agreement to Agreement No. PTR00632 on debt repayment, under the terms of which the defendant's debt to the plaintiff was reduced by 466,950 (four hundred and sixty-six thousand nine hundred and fifty) tenge and the defendant undertook to repay the reduced amount of debt amounting to 1,224,372 (one one million two hundred twenty-four thousand three hundred seventy-two) one million two hundred twenty-four thousand three hundred seventy-two) tenge, in accordance with the payment schedule agreed between the parties (Appendix No. 1 to the Supplementary Agreement). The parties determined in the Supplementary Agreement that in the event of a violation by the defendant of its obligation to repay the reduced debt in accordance with the payment schedule agreed between the parties, the plaintiff will have the right to apply to the Forum Votum Arbitration Court with a claim for compulsory recovery from the defendant of the entire amount of debt specified in Agreement no. PTR00632 on debt repayment. After signing the debt recognition, the borrower paid an amount of 95,000 (ninety-five thousand) tenge to repay his debt. Subsequently, the borrower violated its obligation to repay the debt in accordance with the payment schedule agreed between the parties. As of June 21, 2016, the total amount of debt (the amount of the claim) amounted to 1,596,322 (one million five hundred ninety six thousand three hundred twenty two) tenge.

The case pending before the Arbitration Court affects our interests, and the decision in this case may affect our rights and obligations. We also object to the consideration of this civil case in the Forum Votum Arbitration Court, since, we believe, the limitation period on the part of the plaintiff was missed from the date of assignment of the loan dated 07/29/2011 to the conclusion of an Additional Agreement dated 05/08/2015. The generally established period of 3 years was missed. And the Supplementary Agreement dated 05/08/2015 has no legal force because it contains the signature of the Defendant's mother (where in 2015 the employees of the LLP "Special Financial Company "Finance". misleading got the mother's signature.... the defendant then  as the defendant's mother did not have the right to a Notarized power of attorney with the right to sign where she could sign on behalf of the defendant (son)), we are preparing an application to law enforcement agencies on this fact. According to the authenticity of the defendant's signature, it can be compared with previously concluded Bank loan agreements with Alliance Bank JSC, also in the Identity Card and Power of Attorney issued to the representative. The Additional Agreements dated 2015 are signed by the defendant's mother, who, at the direction of the employees of Special Financial Company Finance LLP, signed where gr. UO 05.06.1950, born, match the signatures in the Identity card. In the event of a retrial of this civil case in the Forum Votum Arbitration Court, we consider it necessary to conduct a handwriting examination for the authenticity of the defendant's signature.

Disputes about debt collection | Annulment of an Arbitration Court decision | Legal services for arbitration disputes

Article 8 of the Arbitration Act states that a dispute may be submitted to arbitration if there is an arbitration agreement between the parties.  An arbitration agreement may be concluded by the parties in respect of disputes that have arisen or may arise between the parties in any particular civil law relationship. An arbitration agreement in respect of a dispute that is pending before a court may be concluded before a decision on the dispute is made by the said court. In this case, the court issues a ruling on leaving the application without consideration. An arbitration agreement on the settlement of a dispute under a contract, the terms of which are defined by one of the parties in forms or other standard forms and could be accepted by the other party only by joining the proposed contract as a whole (the accession agreement), is valid if such an agreement is concluded after the grounds for filing a claim have arisen. Disputes arising from civil law relations between individuals and (or) legal entities may be submitted to arbitration by agreement of the parties. Unless otherwise agreed by the parties, when referring a dispute to permanent arbitration, the rules of permanent arbitration shall be considered as an integral part of the arbitration agreement.

Article 27 also states that the Arbitration Court returns the statement of claim if: there is no arbitration agreement between the parties; the statement of claim is signed by a person who does not have the authority to sign it; Upon returning the statement of claim, the arbitration court issues a reasoned ruling. The return of the application does not prevent the plaintiff from re-applying to arbitration with a claim against the same defendant, on the same subject and on the same grounds, in compliance with the requirements established by the legislative acts of the Republic of Kazakhstan, the rules of the relevant permanent arbitration or the agreement of the parties. Based on the above, as well as in accordance with the Law on Arbitration and the Civil Procedure Code of the Republic of Kazakhstan, we requested: To return the statement of claim to the plaintiff in connection with the absence of an arbitration agreement between the parties; To make a ruling on leaving the Plaintiff's Statement of Claim without consideration.

#Lawyer #Lawyer #Legal service #Legal advice #Defense Company #Law Firm #Civil #Criminal #Administrative #Arbitration cases disputes #Almaty #Kazakhstan 

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases