Sample Review of a Consumer Loan Claim
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Bostandyk District Court of Almaty
to the judge ..............
phone: 8-727 333-12-21, 333-12-21
address: Almaty, md. Orbit, 20A
email address: 020306@sud.kz
Plaintiff: KaspiBank JSC
address: Almaty, Bostandyk district,
154A Nauryzbai Batyr street
BIN:971240001315, BIC: CASPKZKA
from the Defendant: ………..
IIN No. ……………
Almaty region, Ili district, settlement ..........., St. ............., D. ..., sq.m . ....
Representative of the defendant:
Sarzhanov Galymzhan Turlybekovich
hundreds of bodies: 8 707 (708) 578 57 58 ( WhatsApp/Viber).
Feedback
on a consumer loan claim
"01" February 2015 between gr. ......... and JSC "KaspiBank"., a bank loan agreement was signed №..........,. the intended purpose for consumer purposes, on the basis of which the bank provided a loan for the purchase of a GEELY car, model SC-7.registration number ...HVA05, year of manufacture 2013., According to agreement No...... dated 02.27.2014, To date, more than 1,850,000 tenge has been paid to JSC "KaspiBank" due to repayment of the loan. In JSC "KaspiBank" gr. ......... she is recognized as a problem borrower and her loan is in default (that is, the loan is not subject to growth). Due to financial difficulties, late payments of debt obligations were made, despite appeals to the bank for granting any preferential conditions for fulfilling obligations under the Bank Loan Agreement in the hope of resolving the current situation in a pre-trial peaceful manner. However, the Bank's employees namely....... (manager of the National Recovery Service) located at 115 Zhumalieva St., Almaty., fraudulently misleading gr. .........., having signed the Act of acceptance and transfer, having selected the car, he put the gr away. ……... accompanied by rude words about the need to pay out the funds and after which they will give back the car, whereas the DBZ does not indicate that the bank has the right to withdraw collateral movable property in violation of the DBZ condition. According to this fact, gr. ........., On January 10, 2016, a Statement of Claim was filed in relation to JSC "KaspiBank", a unique number №..........., which is in the proceedings of the Bostandyk District Court Almaty, judges ..............
As the positive credit history of gr shows. ......... Until recently, she faithfully fulfilled her obligations, as well as timely and fully fulfilled her obligations to pay principal and interest according to the established payment schedule. But, unfortunately, due to the global crisis, able-bodied family members and gr. .........., They have lost their jobs, and to this day, they are looking for a permanent job, which is why there are currently no other financial sources. However, for the employment of any of the family members of gr. ……...., will continue fulfilling their obligations under the bank loan agreement. Repeatedly gr. .........., due to financial difficulties, he visited KaspiBank JSC, as confirmed during the court session by the plaintiff's side - to grant a delay in fulfilling obligations under the Bank Loan Agreement or to give some preferential opportunities, as well as attempts to resolve the situation in a pre-judicial manner by peaceful means. However, JSC "KaspiBank" simply ignored all attempts. In addition, in accordance with the terms of the Loan Agreement, "The Lender has the right to unilaterally change the order of repayment of the amounts due. In fact, it turned out the following, after a difficult financial period for himself, during which gr. .........., She was unable to pay the loan fees, the Bank placed her in bonded conditions, according to which almost the entire amount of money paid by the Borrower was spent on penalties, and any other newly received payments will be sent there as well. Being a decent and responsible person, gr. ……..... I have never refused to fulfill my debt obligations to KaspiBank JSC, and I have always been open to constructive dialogues. However, the Bank itself has not undertaken any constructive dialogue to resolve the current situation, but only demands repayment of all or half of the amount where gr. .........., I couldn't afford to pay such a large sum. 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 the article of 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 do not submit timely demands to the court to recover from the borrower the amount owed on the principal debt, on 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, I believe that the employees of JSC "KaspiBank" deliberately delayed the appeal in COURT, in order to plunge the Borrower into. .........., into bigger 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 confirmation of the words according to 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 the Civil Code of the Republic of Kazakhstan, the Plaintiff should have gone to court in 2015, and not as in 2016. 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 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. According to clause 3. of Article 366 of the Civil Code of the Republic of Kazakhstan, the debtor is not obliged to pay remuneration (interest) for the time of the creditor's delay. According to Article 36 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan", upon the occurrence of a delay in fulfilling an obligation under a bank loan agreement, the bank is obliged to 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 of the consequences of the borrower's failure to fulfill its obligations. Also, in the demand for early fulfillment of obligations, we do not agree with the above unreasonable amounts, since it does not take into account previously made payments. In addition, after 40 days, the plaintiff already had the right to file a lawsuit to recover the amount of the debt. However, despite the fact that both oral and written correspondence was conducted between the Bank and the defendant, the plaintiff intentionally delayed the deadline for filing a lawsuit, thereby artificially overestimating the amount of remuneration due. Based on the above, I believe that the amount of the Defendant's debt to the Bank should be calculated in accordance with the principles of good faith, reasonableness and fairness, therefore, it is necessary to take into account the early payments made.
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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