Statement of claim for invalidation of the loan agreement

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 contact lawyer Kenesbek Islam by phone.; +7 (708) 971-78-58; +7 (727) 971-78-58.

Medeu District Court of Almaty  

Almaty, Nusupbekov St./Turgenskaya, 34

Phone: +7 727 2333 13 13

From the Plaintiff: ..................................  IIN .......................... city of Almaty, ............................

Representative by proxy:  Law Company Zakon i Pravo LLP

BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304.

info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 700 978 57 55.

Respondent: LLP ................................. BIN ............................

city of Almaty, 050051, ...............................  

Statement of claim

on the recognition of the loan agreement as invalid

 Between the LLP “...................................” (Hereinafter referred to as the Lender) and .......................... (Hereinafter referred to as the Borrower) a micro-loan agreement was concluded №................. from August 20, 20.... year (Hereinafter Referred To As the Agreement). In clause 1.2 of the Agreement, which stipulates that, in accordance with the Borrower's application, the amount of the micro-loan is 25,000 tenge. The micro-loan in accordance with clause 2.1 of the Agreement was provided by transferring the amount specified in clause 1.2 of the Agreement to the Borrower's bank/card account no. KZ............................. in KASPI BANK JSC. Later, when the Borrower wanted to pay off the microloan debt, she was perplexed by what had been stolen. Everything would have ended on the above-mentioned Agreement, but alas. To our great surprise, a micro-loan agreement was allegedly concluded between the Borrower and the Lender №.................. from August 20, 20..... of the year, only the amount already provided for 135,000 tenge (Hereinafter referred to as the Agreement-2), which the Borrower was not going to take and did not receive in the future, which is confirmed by the statement on Kaspi Gold for the period from 08/17/20... to 09/17/20 ... of the Borrower. With fright and bewilderment, the Borrower contacted the Lender's branch to clarify this agreement, which appeared from nowhere, hoping that this Agreement-2 was formed due to a system error. But no, the staff confirmed that the Contract-2 is not a consequence of any mistake, but is 100% valid. The borrower was even provided with a paper-based Contract-2, as well as a repayment schedule for the micro-loan.

 

Having studied the Agreement-2, concluded for 135,000 tenge and all other documents related to this agreement, we had the following questions: In clause 1.2 of the Agreement, which stipulates that, in accordance with the Borrower's application, the amount of the microcredit is 135,000 tenge. According to clause 2.1, a Micro-loan is provided by transferring the amount specified in clause 1.2. of the Agreement to the Borrower's bank/card account no. KZ............................ in JSC “JSC KASPI BANK". However, according to the Borrower's statement on Kaspi Gold for the period from 08/17/2020... to 09/17/2020.... It is confirmed that no accruals in the amount of KZT 135,000 have been received from JSC "Halyk Bank of Kazakhstan" IIK KZ.........................., There wasn't. The employees of the Lender's company found out that the money was transferred to no one ..........................via Kazpost JSC to the card ............ XX-XXXX-......... This information is also confirmed by an extract that was issued for the Check by the staff of the MFO. “...................”. The Lender should take into account that the Borrower has not applied for permission to transfer to a third party, especially ....................... According to P. 38, 38.1, Rules For the Provision Of Micro-Loans to MFIs “..................”, where it is stipulated that if the MFO makes a positive decision to issue a Micro-loan to the Client, the MFO provides a Micro-loan to the Borrower in the form of: 38.1. a one-time transfer of the Amount of the micro-loan specified in The statement/In the Offer, to the Client's Account – with the electronic method of submitting the Application/Offers. Also, the moment of providing money to the Client is recognized: 40.1. for the electronic Application method, the time of receipt of money to the Client's Account. According to P. 79 of the Agreement-2, where the secret of providing a micro-loan may be disclosed only to the Borrower, to any third party on the basis of the Borrower's written consent given at the time of his personal presence in the MFO, to the credit bureau for micro-loans provided in accordance with the laws of the Republic of Kazakhstan, as well as to the following persons.

 

Also, during the clarification of this misunderstanding, it turned out that in the Borrower's personal account on the website .............. addresses, e-mail, and contacts have been changed. Obviously, these changes were made by hacking. Based on the above, we believe that the actions of the Lender are aimed at fraud by abuse of trust, which contradicts Articles 189, 190 of the Criminal Code of the Republic of Kazakhstan. Naturally, the Borrower applied to the SU DP of Almaty with an application for making loans in her name, without her knowledge by third parties in the microfinance company of Almaty. According to the Application ................, registered in the ENDR for №........................., on the grounds of the composition of the criminal offense provided for in art. 190, Part 2, paragraph 4, of the Criminal Code of the Republic of Kazakhstan. According to Article 21 of the Law of the Republic of Kazakhstan "On Microfinance Activities", where the secret of providing a micro-loan can only be disclosed to the borrower, to any third party on the basis of the borrower's written consent given at the time of his personal presence in the microfinance organization, to the credit bureau for micro-loans provided in accordance with the laws of the Republic of Kazakhstan. It should be noted that according to clause 4.4 of the Agreement-2, the MFO is obliged to: 4.4.5. prior to the conclusion of the assignment agreement, notify the Borrower of the possibility of transferring rights (claims) to a third party, as well as the processing of the loan 

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