Private complaint against the court ruling on invalidation of the extrajudicial sale of a motor vehicle, on recognition of the loan agreement in terms of remuneration
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 call; +7 (700) 978-57-55.
To the Court of Appeal for Civil Cases
cases of the Almaty City Court
from: ___________________ ___________________ city of Almaty,
Private complaint
on the ruling of the district court no. __ of Almaly district dated __ October 20__
I am, ___________________ IIN __________________, residing at the address: Almaty, md. Almagul, 9, sq. 86 (hereinafter referred to as the Client), __ on August 20, applied to LLP "________________________" ( hereinafter referred to as the Company) in order to obtain a short–term loan. According to the Security Ticket № _____________________ from _____________________ issued in the name of _____________________, I have pledged to the Company a Nissan Note brand motor vehicle, registration number ___________, 20__ year of manufacture, body № _____________________, the color is white, with a total collateral value of 600,000 (six hundred thousand) tenge, to secure the loan obligations. The collateral was in my possession with the right of use and the right of the Company to be mortgaged. Due to the temporary delay in repayment of the loan amount, on __ November 20__, the Company's employees seized the Pledged Item (in their possession), but no documents were drawn up about this. Also, at the time of seizure, there were documents and personal valuables in the car. When I asked about the preparation of the relevant documents, the Company's employees replied that they could withdraw without drawing up the documents. Whereas, in accordance with paragraph 1 of Article 784 of the Civil Code of the Republic of Kazakhstan, a pawnshop storage agreement is executed by issuing a personal security receipt by the pawnshop. Subsequently, I could not pick up my belongings and my spouse. ________________________, The pawnshop staff said that we can pick it up only after a full ransom.
Private complaint against the court ruling on invalidation of the extrajudicial sale of a motor vehicle, on recognition of the loan agreement in terms of remuneration
____________ _____________ He paid remuneration of 60,012 tenge and a fine of 116,023 tenge for me. And we asked for a car because we had a loan agreement with the right to drive, but the staff refused, they said now it would only be necessary to buy it back in full. The Company's employees also refused to provide information about the location of the collateral. __.12.20__ they learned that without the right to drive, loan fees should be accrued at 1,000 tenge per day, and earlier, under the contract, 2,000 tenge per day was. The manager was asked to redo the contract, but he refused and asked first to close the remuneration in the amount of about 15,000 tenge. But I didn't have it with me, so I left. Further negotiations with the pawnshop were conducted by my husband ________________________. And he applied to the pawnshop several times so that they could redo the contract without the right to manage, so that they would charge remuneration of 1,000 tenge per day, and so that they would give him his documents and personal belongings that are in the car. But the pawnshop staff refused. Later, having learned that according to art. 725-1 of the Civil Code of the Republic of Kazakhstan, where it says; 5) the annual effective interest rate under the loan agreement may not exceed one hundred percent of the loan amount, including in the event of a change in the loan repayment period; 6) the amount of the penalty (fine, penalty) for violating the obligation to repay the loan amount and (or) payment of remuneration under the loan agreement may not exceed 0.5 percent of the the amount of the outstanding obligation for each day of delay, but not more than ten percent of the loan amount per year; Referring to the law, we asked the company to recalculate previously accrued fees and penalties. With _____________________ G. according to __.12.20__, we have already paid fines of 80,000 tenge and remuneration of 260,000 tenge for a total of 340,000 tenge, and if we rely on the law of art. 725-1 of the Civil Code of the Republic of Kazakhstan, the Company should not have continued to impose fines. The pawnshop, referring to the contract, refused us. And they ignored our demands. And __ February 20__ of the year ________________________ I went to the pawnshop to find out how much was credited, and by __.02.20__, 260 000 tenge was accrued. We warned the staff that we would buy the car within a week and then appeal the loan agreement and their actions. __.03.20__ we arrived at the pawnshop to pay 884,000 tenge and buy back the car.
But the pawnshop staff replied that the car was sold. To our objections that no one had properly notified me about the auction, and that we had warned a week ago that we would definitely buy the car, the Company's Managers responded by contacting the sales department and the security service. I have not received any notification about the bidding process. But at the same time ________________________ I repeatedly applied from December 20__ to February 20__ of the year in order to redo the pledge agreement. _ On August 20, we filed a lawsuit against the defendant, LLP, with the district court no. __ of the Almaly district of Almaty. "________________________" on the invalidation of the extrajudicial sale of a motor vehicle, on the recognition of the contract loan in terms of accrual of remuneration __ October 20__ judge of the district court no. __ of Almaly district of Almaty ________________ having considered the statement of claim ________________________ to the defendant LLP "________________________" on invalidation of the extrajudicial sale of a motor vehicle, on the recognition of the loan agreement regarding the accrual of remuneration, I DETERMINED: Civil case on the claim _____________________ to THE LLP "________________________" about the recognition of
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
