Statement of claim for refund of the loan account maintenance fee
Submit a written application to the bank, demanding that the amount of the illegally withheld commission be refunded;
Get a written response from the bank;
In case of refusal, file a claim with the court.
Statement of claim for refund of the loan account maintenance fee
In ____________ District Court of Almaty
address: _____________
The plaintiff: _______________
IIN: __________
address: __________
bodys: __________
Defendant: JSC "_________"
address: _______________
__________
BIN: __________
Statement of claim
about the refund of the loan account maintenance fee
Between me, _______________( further – the Plaintiff, the Borrower) and JSC "_______________" ( hereinafter referred to as the Defendant, the Bank) a Loan agreement was concluded No. ____ dated __________ (hereinafter referred to as the Agreement), under which the Bank provided me with a Loan in the amount of 49,995 (forty-nine thousand nine hundred and ninety-five) US dollars, with an interest rate of 13.0% per annum. This Agreement is executed by me properly in accordance with the terms of the Agreement and the Payment Schedule. Clause ____ of the Agreement provides for a monthly commission for maintaining a loan account (hereinafter referred to as the CFS) in the amount of 0.1% of the Loan amount. Further in the same paragraph, it is stated that the above-mentioned commission amount is reduced to 25 (twenty-five) US dollars (0.05% of the Loan amount) if the Borrower is granted a Loan as an employee of the Employer specified in n ____ of the Contract.
According to the Schedule for repayment of the loan amount and payment of remuneration under the Agreement, the amount of the CVSS is 24.99 US dollars per month. By me in the period from __________ the city of po __________ The CCC was paid in the amount of 3323.97 (three thousand three hundred and twenty-three) US dollars 97 cents (based on 133 months *24.99$). In early June 201_, I learned from the media that charging a commission for maintaining a loan account was illegal, and that there were also relevant official letters from the National Bank of the Republic of Kazakhstan dated February 9, 2012, No. 667/206/740 and January 6, 2014, No. 67-2-14/1, addressed to second-tier banks, demanding that the practice cease. to charge a commission for maintaining a loan account and take measures to refund borrowers previously unlawfully withheld loan account fees under existing agreements.
However, despite the requirements of the National Bank of the Republic of Kazakhstan, JSC "_______________" I continued to accrue CVSS until June 12, 2017. On June 28, 201_, I sent a letter to the Bank with a request to recalculate all commissions received by the bank under the Loan Agreement no. ____ from _________ of the year, and all received CVSS should be credited to the repayment of the principal debt. However, the Bank refused me, arguing that the Bank had refunded the amount of the CCC paid under the Agreement in the amount of 599.76 (five hundred and ninety-nine) dollars 76 cents to my current account opened with the Bank for the period from __________ G. by ___________; it is not possible to satisfy my request for a refund of the previously paid amount of the CVSS for the entire loan period, since the Bank assumed an obligation to the National Bank of the Republic of Kazakhstan only to stop collecting the CVSS, and the obligation to refund the previously withheld CVSS was not accepted by the Bank. Due to the fact that between JSC "_________" and AO "_______________"__________ The transfer act was signed, and on January 16, 2019, I sent letter to JSC "_________" with a request to transfer the remaining amount of the CCC in the amount of 2,723.91 (two thousand twenty-three) dollars 91 cents to repay the principal debt. However, AO "_________" He also refused me, giving the same arguments as AO. "_______________".
I also sent a letter to the National Bank of the Republic of Kazakhstan, and received a response in which the National Bank explained the illegality of charging the loan fee, since a loan account is a balance sheet (accounting) account, not a bank account; its opening does not relate to banking operations, therefore, charging for it is illegal. Since it was not possible to achieve a pre-trial settlement of this issue, I am forced to go to court.
Dear Court, I would like to point out that in accordance with Article 39 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities" (hereinafter referred to as the Law), remuneration and commission rates, as well as tariffs for 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. According to subparagraph 1 of paragraph 1 of the Rules for the Provision of Banking Services and Consideration by Banks of Customer Requests Arising in the Process of Providing banking services, approved by Resolution No. 19 of the Board of the Agency of the Republic of Kazakhstan for Regulation and Supervision of the Financial Market and Financial Organizations dated February 28, 2011, banking services are the implementation by banks, organizations engaged in certain types of banking operations, (hereinafter referred to as banks) of banking and other operations established by Article 30 of the Law.
By virtue of article 30 of the Law, banking operations include, among other things, accepting deposits, opening and maintaining bank accounts of individuals. According to Article 6 of the Law of the Republic of Kazakhstan "On Payments and Money Transfers", a bank account is a way of reflecting contractual relations between a bank and a client for accepting money and (or) banking services to a client; bank accounts are divided into current and savings accounts of individuals and legal entities, as well as correspondent accounts of banks. Accounts that cannot be used for transactions specified in paragraph 2-1 of this article, as well as accounts reflecting accounting positions in the bank, are not bank accounts.
Attention!
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