Sample Application to the bank for a refund of the commission
Attention! The Law and Law Law Company draws your attention to the fact that this statement of claim is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting a statement of claim for the recovery of alimony suitable for your situation.
In JSC "_________"
address: ________________
BIN: _________________
from: ___________________
IIN _________________
about.: ________________
bodys.: __________________
Statement
about the refund of the loan service fee
Between me, ________________ ( hereinafter referred to as the Borrower) and JSC ______ (hereinafter referred to as the Bank) signed a Bank Loan Agreement No. ________ from ________ of the year (hereinafter referred to as the Agreement), which is duly executed by me on a monthly basis in accordance with the Agreement and Payment Schedules. ________ year between me and the Bank entered into an Additional agreement No. 1 (on deferral on loan repayments for a period of one month) to the Agreement.
The repayment schedule of the bank loan and remuneration (Appendix No. 1 to the Supplementary Agreement No. 1 dated ________) provides for a monthly loan servicing fee of KZT 6,397.54. I recently learned from the media that charging certain types of bank loan fees is illegal, and that there is also an official letter from the National Bank of the Republic of Kazakhstan addressed to second-tier banks demanding that they stop charging illegal fees.
I would like to note that in accordance with Article 39 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities", remuneration and commission rates, as well as tariffs for the provision of banking services, are set by banks and organizations engaged in certain types of banking operations independently, subject to restrictions established by the laws of the Republic of Kazakhstan. I would also like to inform you that starting from 07/01/2016, banks have the right to charge only those commissions for lending that are listed in the List of commissions related to the Issuance and Servicing of a bank loan issued to an individual, approved by Resolution No. 134 of the Board of the National Bank dated 05/30/16. There is no loan servicing commission in this List, therefore, under bank loan agreements concluded on 01.07.2016, banks have no right to demand it. In accordance with paragraphs 1 and 2 of Article 718 of the Civil Code, unless otherwise provided by legislative acts of the Republic of Kazakhstan or the agreement, the borrower pays remuneration to the lender for the use of the loan item in the amounts determined by the agreement.
The protection of borrowers' rights from violations by banks, organizations engaged in certain types of banking operations, microfinance organizations and credit partnerships is ensured by setting the maximum amount of the annual effective remuneration rate, including remuneration, all types of commissions and other payments charged by the lender in connection with the issuance and servicing of the loan, and calculated in accordance with the procedure established by the legislation of the Republic of Kazakhstan. Thus, it follows from the meaning and content of this provision of the law that the established remuneration includes all types of commissions and other payments charged to the borrower in connection with the issuance and servicing of the loan.
It follows from the above that setting a loan servicing fee by the bank is illegal, since loan servicing is not a separate banking service or operation, and the bank receives remuneration for the loan, which covers expenses, including those related to loan servicing. Since this type of commission is not provided for by law and other regulations, the Bank's actions to charge the borrower a loan servicing fee are considered illegal and violate the borrower's rights. According to art . Paragraph 1 of Article 158 of the Civil Code of the Russian Federation a transaction, the content of which does not comply with the requirements of the law, as well as a transaction made for a purpose knowingly contrary to the principles of law and order, is contested and may be declared invalid by a court In accordance with Article 161 of the Civil Code. the invalidity of a part of the transaction does not entail the invalidity of its other parts, if it can be assumed that the transaction was I wish to the owl
According to Clause 3 of art.157-1 of the Civil Code, if the transaction is invalid, each of the parties is obliged to return to the other everything received under the transaction, and if it is impossible to return in kind (including when the received is expressed in the use of property, work performed or services provided) - to reimburse the cost of the returned property, the cost of using the property, work performed or services rendered in money, unless other consequences of the invalidity of the transaction are provided for by this Code. Based on the above,
I beg:
Recalculate all commissions received by the bank under the Bank Loan Agreement No. ________ of _______ year;
The entire loan servicing fee received should be credited to the repayment of the current contractual obligation;
To amend the Bank Loan Agreement and repayment schedule in order to exclude the accrual of commission payments;
To respond to the application within the time limits prescribed by law.
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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