Sample Form Withdrawal Objection to a claim for debt collection
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To the Taraz City Court of Zhambyl region Judge .............
Republic of Kazakhstan, 080007, Taraz, K.Turysova str. 7 726-1201@sud.kz
87262 34-75-50, 87262 34-75-43
from the Defendant: ........... IIN: ................. Almaty region, ……………
district, village ............., Gorky St., 98. +7 707 ...................
Objection
for a debt collection claim
Q, there is a civil case pending in your proceedings № ............. according to the claim of the LLP "Special Financial Company "Finance" to ....................... regarding debt collection, we disagree with this claim on the following grounds:It follows from the documents submitted by the plaintiff that, in accordance with the Bank Loan Agreement №.......... on 03.01.2008, Alliance Bank JSC provided gr. ………......, a loan in the amount of 355,000 tenge on terms of urgency, payment, repayment and security, for a period of 36 months with payment by the defendant of remuneration in the amount of 19% per annum for the use of the loan.On 29.07.2011, the Bank ceded the rights of claim under the Bank Loan Agreement to Spektr-Collect LLP on the basis of the Factoring Agreement.Subsequently, Spektr-Collect LLP was renamed Spektr Finance LLP.On 24.10.2011, SPECTRUM Finance LLP entered into a contract with Finance Special Financial Company LLP for the assignment of claims during securitization., under which it assigned to the plaintiff the rights of claim previously acquired from the Bank under the factoring agreement under the bank loan agreements.As the credit history of the defendant's loan shows, due to financial difficulties, namely the temporary loss of work, he was forced to stop paying and repeatedly, due to financial difficulties, verbally and in shifts applied to Special Financial Company Finance LLP, and fulfilled his debt obligations to the best of his ability.However, Special Financial Company Finance LLP simply ignored all attempts.
In fact, it turned out that after a difficult financial period for himself, during which the defendant was unable to pay the loan fees, the plaintiff placed the defendant in bonded conditions, under which almost the entire amount of money paid by the Borrower would go to penalties, and any other newly received payments would go there as well.Being a decent and responsible person, the defendant has never refused to fulfill his debt obligations to Special Financial Company Financial LLP and has always been open to constructive dialogues. However, the LLP "Special Financial Company "Finance" itself has not undertaken any constructive dialogue to resolve the current situation.In 2010, when visiting the LLP "Special Financial Company "Finance", one of the employees reached an agreement that upon payment of 240,000 tenge, the Plaintiff would write off the penalty and the remaining debt on the loan, respectively, would close the loan. I paid the above amount in full by agreement within four months, and after visiting the Plaintiff again, I was informed that the debt would be cancelled in the near future and convinced not to worry about this obligation, as evidenced by the payment receipts.However, in 2018, I found out that the debt was not cancelled and a claim was filed to recover the amount owed.In accordance with Part 3 of Article 365 of the Civil Code of the Republic of Kazakhstan, "The debtor is not considered overdue until the obligation cannot be fulfilled due to the delay of the creditor."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 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."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."In an article in the Legal Gazette dated February 17, 2011, written by such prominent statesmen as: M. Alimbekov, former Chairman of the Supreme Court of the Republic of Kazakhstan and D. Tumabekov. judge of the Supreme Court of the Republic of Kazakhstan, it says that - QUOTE: " ... banks, microfinance and lending organizations do not submit timely demands to the court to recover from the borrower the amount owed on the principal debt, remuneration (interest), as a result of which the amounts of penalties (penalties) to be collected are deliberately increased, which ultimately leads to an increase in the amount of total debt and foreclosure on collateral
property, the value of which is disproportionate to the loan received."We believe that the employees of Special Financial Company Finance LLP deliberately delayed going to COURT in order to plunge the Borrower into larger debts.Thus, the Plaintiff refers to art. 272 of the Civil Code of the Republic of Kazakhstan, 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, although he does not fulfill the obligations in full and on the terms of the contract, which raises doubts about the good faith performance of the obligation. In support of the words according to art. 728 p. 6. of the Civil Code of the Republic of Kazakhstan. If the borrower violates the deadline set for repayment of the next part of the loan item and (or) payment of remuneration for more than forty calendar days.
that is, according to this paragraph of the Civil Code of the Republic of Kazakhstan, the plaintiff should have gone to court in 2011, and not as in 2017, based on the above, we observe the creditor's guilt.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 obligations 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.According to clause 3. art. 366 of the Civil Code of the Republic of Kazakhstan, according to 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, insofar as 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, they disagree because this amount of penalty is excessively large compared to the creditor's losses whereas according to art. 35 of the Law on Banks and Banking Activity states "The amount of the penalty (fine, penalty fee) for violating the obligation to repay the loan amount and (or) pay remuneration under a bank loan agreement concluded with an individual may not exceed 0.5 percent of the overdue payment amount for each day of delay, after ninety days of delay. ninety days of 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 the above unreasonable amounts. In addition, after 40 days, the plaintiff already had the right to apply to the court with a claim for recovery of the debt. However, despite the fact that both oral and written correspondence was conducted between the Special Financial Company Financial LLP and the defendant, the plaintiff intentionally delayed the deadline for filing a lawsuit, thereby artificially overestimating the amount of the penalty due, and the Plaintiff's claim to recover the amount of CFS in the amount of 1775 is not agreed because it is not clear where this amount is taken from.
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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