Pre-trial claim of Microfinance organizations
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In Microfinance organization "Online Kaz Finance" LLP
BIN 160840000397 Almaty, 502 Seifullin ave. post@solva.kz,
www.solva.kz 8(727) 346-89-83
from the Borrower: ............ Nazym Nurlankyzy, IIN ..........
Almaty, street ......, 14, sq. m. 24 +7-708-102-........
PRE-TRIAL CLAIM
Between Microfinance Organization Online Kaz Finance LLP (Hereinafter referred to as the Lender) and ....... Nazym Nurlankyzy (Hereinafter referred to as the Borrower) signed a micro-loan agreement No. 1797159 dated November 11, 2019 (hereinafter referred to as the Agreement). In Microfinance Organization Online Kaz Finance LLP, the debtor is recognized as a problem borrower. The reason for the improper execution of the loan agreement is the fact that the Borrower could not find a stable job and thus the financial opportunity was greatly complicated. The hard times are over now. And with this letter, we inform you that the Borrower is ready to repay the amount owed on the principal and remuneration. However, it is not possible to repay the amount owed in terms of penalties. According to art. 359 of the Civil Code of the Republic of Kazakhstan, the grounds for liability for breach of an obligation. The debtor is responsible for non-fulfillment and (or) improper fulfillment of the obligation 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. Pre-trial claim of a Microfinance organization According to clause 3. art. 366 of the Civil Code of the Republic of Kazakhstan For a monetary obligation, the debtor is not obliged to pay remuneration (interest) for the time of the creditor's delay. According to article 5.
The application of civil legislation by analogy is stated in cases where the relations provided for in paragraphs 1 and 2 of Article 1 of this Code are not directly regulated by legislation or agreement of the parties and there are no customs applicable to them, the norms of civil legislation governing similar relations (analogy of the law) apply to such relations, since this does not contradict their essence. If it is impossible to use the analogy of law in these cases, the rights and obligations of the parties are determined based on the general principles and meaning of civil legislation and the requirements of good faith, reasonableness and fairness (analogy of law). Thus, Article 36 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan" and on Microfinance Organizations must be taken into account when a delay occurs in fulfilling an obligation under a bank loan agreement. The borrower must notify the borrower in the manner provided for in the bank loan agreement of the need to make payments under the bank loan agreement and the consequences of the borrower's failure to fulfill its obligations. Regarding the accrued penalties, we disagree because this amount of penalty is excessively large compared to the losses of the creditor, whereas according to the Law on Microfinance Organizations, the amount of penalty (fine, penalty) for violating the obligation to repay the loan amount and (or) payment of remuneration under a bank loan agreement concluded with an individual cannot exceed within ninety days of delay 0.5 percent of the overdue payment amount for each day of delay, after the expiration of ninety days, the delay may not exceed 0.03 percent of the overdue payment amount for each day of delay, but not more than ten percent of the loan amount for each year of the bank loan agreement." Also, in the demand for early fulfillment of obligations, we do not agree with these unreasonable amounts. In addition, after 40 days, the Lender already had the right to apply to the court with a claim for recovery of the debt amount. We believe that the Lender deliberately delayed the deadline for filing a lawsuit, thereby artificially overestimating the amount of the penalty due. According to paragraph 3, art. 725-1 of the Civil Code of the Republic of Kazakhstan, which stipulates that the rules for calculating the annual effective interest rate under a loan agreement are determined by a regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations.
According to paragraphs 6, 7 of Resolution No. 197 of the Board of the National Bank of the Republic of Kazakhstan dated August 27, 2018 "On Approval of the Rules for Calculating the Annual Effective Interest Rate under the Loan Agreement", it is stipulated that the calculation of the annual effective interest rate under the loan agreement includes all payments of the borrower on the principal debt and remuneration, as well as commissions and other payments for the entire term of the loan agreement. The calculation of the annual effective interest rate under the loan agreement does not include a penalty (fine, penalty fee) for violating the obligation to repay the loan amount and (or) pay remuneration under the loan agreement. According to paragraph 2, art. 725-1 of the Civil Code of the Republic of Kazakhstan, where a loan agreement concluded with an individual borrower that does not comply with the requirements of paragraph 1 of this Article is void. Pre-trial claim of Microfinance organizations In view of the above, due to the illegality of the loan agreement, we suggest that the Lender cancel the amount of accrued remuneration and penalties. Therefore, we ask you to resolve this dispute amicably.
If you do not agree with the borrower's arguments, we reserve the right to take the matter to court. And also contact the Russian Federation and the media. According to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party. For property claims, the total amount of these expenses should not exceed ten percent of the satisfied portion of the claim. According to non-property requirements, the amount of expenses is collected within reasonable limits, but should not exceed three hundred monthly calculation indices. 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. I hope that our further cooperation with you will continue on mutually beneficial and mutually acceptable terms.
Yours sincerely,, ___________/...... N.N.. "___" _____________ 2021.
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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