Pre-trial claim form for a car rental agreement
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact lawyer Kenesbek Islam by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
to whom: __________________
IIN________________,
address: ________________
from: ___________________
IIN ________________.
address: _______________
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.
PRE-TRIAL CLAIM
June 13, 201_ between __________________ ( next, the Landlord) and you gr. __________________ ( next is the Tenant) A car rental Agreement was concluded with subsequent purchase (hereinafter referred to as the Agreement).
Pre-trial claim form for a car rental agreement
According to paragraphs 1 and 2 of the Agreement, the "Lessor" undertakes to provide the "Lessee" with temporary possession and use for a fee, with subsequent redemption upon payment of the entire cost, the following property: Toyota Samgu car, _______ year of manufacture identification number (VIN) No. _____________, registration number №_____________, owned by the "Landlord" on the right of private ownership, without the provision of services by the Landlord for its management and technical operation.
The specified car belongs to the "Lessor" by right of ownership on the basis of the AS series Registration Certificate. №_____________, issued on 13.06.2018, issued by the Administrative Division of the Department of Internal Affairs of the city of Almaty. To date, you have not fulfilled your obligations, in addition, you have unilaterally refused to fulfill your obligations. According to clause 12, the "Lessee" is obliged, at the first request of the representative of the "Lessor", to inform about the location and condition of the car – however, you ignore this clause of the Contract. Also in paragraph . 13, it is stipulated that all risks, including the risk of accidental loss of Property, are assigned to the "Tenant" - which you also do not fulfill.
I would like to remind you of clause 19 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 former condition, taking into account 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. Based on the above arguments, we believe that the terms of the agreement dated June 13, 201_ 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 incurred arrears in accordance with clause 3 of the Agreement, for daily payment for delay for 33 days in the amount of 181,500 tenge, accrued penalty for delay of 33 days, which amounted to 49,500 tenge for each day of delay in accordance with clause 22.23 of the Agreement. Paragraph 30 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 50% of the initial cost of the car 1,400,000 tenge, amounting to 700,000 tenge. Which is refundable within 30 days.
In total, the Tenant's debt to the Landlord amounted to 931,000 tenge. Currently, you are not fulfilling your obligations (Violation of an obligation means its 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. By doing so, you are causing real material and moral harm to the Landlord and his family.
Pre-trial claim form for a car rental agreement
In these circumstances, we require you to return the funds in the amount of 931,000 tenge as soon as possible. Due to your failure to fulfill your obligations, we have the opinion that your actions are aimed at seizing property by deceiving and abusing the trust of the Lessor, we suggest that you voluntarily return the rented car immediately, as well as funds in the amount of 931,000 tenge to the Lessor by December 12, 201_.
If you do not return the funds within the specified period, we reserve the right to take this matter to court and put on the wanted list for car theft. 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, 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, stipulating that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff fails to comply 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 is not 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.
With respect,
Representative by proxy
___________________/Sarzhanov G.T.
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.
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