Response to a statement of claim for debt collection
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Bostandyk district Court of Almaty to Judge Abaydeldinova A.T.
Almaty, Bostandyk district, md. Orbit 2, building 20a. +7 727 333 12 21 .
from the Defendant: ............ Tolkyn Yelzhasovna IIN 71...............
Proxy representative: Nurlanov Nursultan Nurlanuly
IIN 931016301091 Almaty, 79 Abylai Khan ave., office 304
info@zakonpravo.kz / www.zakonpravo.kz +7 700 978 50 85; +7 727 978 57 55;
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to file a claim for recovery of the amount owed
There is a civil case under your jurisdiction for No. 7514-20-00-2/6351 on the claim of Zhagypparova Gulzhan Nurlankyzy (plaintiff) to ............ Tolkyn Yelzhasovna (the defendant) on debt collection. We disagree with the plaintiff's claims for the following reasons. As the loan agreement shows, the defendant received the loan during the campaign without overpayments and paid the loan amount of 20,000 tenge on 17.03.2017, and later the defendant believed that she had repaid the loan in full. However, HONEST WORD OF KAZAKHSTAN LLP, without notifying the defendant, placed her in bonded conditions, delaying the appeal to the court in order to increase the amount of penalties.
Response to a statement of claim for debt collection
In accordance with Part 1 of Article 359 of the Civil Code of the Republic of Kazakhstan, the debtor is responsible for non-fulfillment and (or) improper fulfillment of obligations in the presence of guilt, 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. Also, in accordance with Part 1 of Article 364 of the Civil Code of the Republic of Kazakhstan, if non-fulfillment or improper fulfillment of obligations occurred due to the fault of both parties, the court accordingly reduces the amount of liability of the debtor. On June 9, 2021, the defendant logged into the website https://aisoip.adilet.gov.kz/debtors the register of debtors found out that she had a debt, and later the defendant went to court. Later she found out that there was a debt:
the main debt is 8,753 tenge;
the amount of remuneration is 0 tenge;
fine (penalty fee) 104 687 tenge;
It is important to note that the defendant initially takes an amount of 20,000 tenge under the loan agreement, however, after some time, the plaintiff issues a debt for a total of 113,440 tenge, despite the fact that the defendant has already paid an amount of 20,000 tenge to repay the debt. Whereas clause 1, art.725-1 of the Civil Code of the Republic of Kazakhstan strictly stipulates that a loan agreement concluded with an individual borrower has the following features: 5) the annual effective interest rate under the loan agreement may not exceed one hundred percent, including in the event of a change in the repayment period of the loan; 6) the amount of the penalty (fine, penalty) for violating the obligation to repay the loan amount and (or) pay remuneration under the loan agreement may not exceed 0.5 percent of the amount of the outstanding obligation for each day of delay, but not more than ten percent of the amount of the loan issued per year; 7) all payments of the borrower under the loan agreement, including the amount of remuneration, penalties (fines, penalties), commissions and other payments stipulated in the loan agreement, with the exception of the loan item, in aggregate may not exceed the amount of the loan issued for the entire period of the loan agreement; I would like to emphasize that the plaintiff grossly violated the norms of the above-mentioned article by the fact that the amount of debt exceeds the amount of the loan issued under the loan agreement several times. In accordance with paragraph 2, Articles 725-1 of the Civil Code of the Republic of Kazakhstan, a loan agreement concluded with an individual borrower that does not comply with the requirements of paragraph 1 of Article 725-1 of the Civil Code of the Republic of Kazakhstan is void. The plaintiff in his claim refers to art. 272 of the Civil Code of the Republic of Kazakhstan, which states that the obligation must be performed properly in accordance with the terms of the obligation and the requirements of the law, and in the absence of such conditions and requirements - in accordance with business practices or other commonly imposed requirements. However, the plaintiff himself does not comply with the requirements of the legislation in full, which raises doubts about the conscientious fulfillment of obligations. According to paragraph 4 of Article 8 of the Civil Code of the Republic of Kazakhstan, citizens and legal entities must act in good faith, reasonably and fairly in exercising their rights, observing the requirements contained in the legislation, the moral principles of society, and entrepreneurs - also the rules of business ethics. This obligation cannot be excluded or limited by the contract. Good faith, reasonableness and fairness of the actions of participants in civil law relations are assumed. In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests. On the basis of the above and in accordance with art. 166 of the CPC RK, I ASK THE COURT:
The claims of G.N. Zhagyparova .......... That is, to refuse to collect the amount owed.
Sincerely, representative by proxy Nurlanov 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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