Statement to the Prosecutor on the verification of the legality of the actions of the bank's employees
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To the prosecutor of Almaty, Berik Nogaevich Asylov
Republic of Kazakhstan, Almaty, street
Zheltoksan, 189 From: citizen of the Republic of Kazakhstan
R.O.V. Born on 08/27/1977, IIN No.... address: Almaty, md. ..., 56, sq. 11
Proxy representative: Galymzhan Turlybekovich Sarzhanov
hundreds of bodies: 8 707 (708) 578 57 58. Almaty, 248 Baizakova St., second-hand office.
Please send your correspondence to
address: Almaty, ul. B.. 248, office b/n.
statement
I, R.O.V., ID number 023325135, issued by the Ministry of Justice of the Republic of Kazakhstan dated December 26, 2008, residing at the address Almaty, mkr. ..., 56, sq.11., In accordance with the terms of bank loan No. R2725171-001 dated 05.06.2013, I received a Loan from Kaspi Bank JSC, In accordance with this agreement, I was provided with funds in the amount of 320,000 (Three hundred and twenty thousand) tenge, with an annual effective interest rate of 17.5%, purpose: consumer purposes, and a specific schedule of annuity payments was established to repay this loan for a period of 36 months, the total repayment amount with interest for 05.06.2016 should be 1,776,611 tenge. Until recently, As my positive credit history shows, I faithfully fulfilled my obligations, as well as timely and fully fulfilled my obligations to pay principal and interest according to the established payment schedule. But unfortunately, due to the global crisis that has come, which was recognized by the Leader of the Nation, President of the Republic of Kazakhstan Nursultan Nazarbayev, in his Message to the people of Kazakhstan on 11.11.2014, announced that: Today the whole world is facing new challenges and threats. The global economy has not recovered from the effects of the global financial and economic crisis.
The recovery is proceeding at a very slow and uncertain pace, and somewhere else the recession continues. The geopolitical crisis and the sanctions policy of the leading powers create an additional obstacle to the recovery of the global economy. As you know, the forecasts for the development of the global economy for 2014 and the next two years have been revised downwards by the International Monetary Fund and the World Bank. Therefore, we need to quickly review some positions, as well as make adjustments to the plans for the coming period. We must promptly take all possible measures to prevent negative trends" and be loyal in difficult times for the people. The difficult times that have developed have not spared my family, which have led to a number of undesirable and unpleasant consequences for me and my family, both financially and morally. Moreover, it had a disastrous effect on my health. Due to the severe psychological and emotional stress due to the inability to pay off debt obligations, I developed various types of diseases, which caused an extremely desperate state to pay off my Loan obligations. I am going through difficult times, I am currently working, but my small salary is not enough for food, and there are no other additional financial sources, I have a minor child dependent on me, and my parents are retired.
Statement to the Prosecutor on the verification of the legality of the actions of the bank's employees
Due to the difficult financial situation, starting in November 2014, I have been paying money to the Bank in a smaller amount than stipulated by the loan agreement. I notified the Bank about this in a timely manner by submitting an oral statement that I would continue fulfilling my obligations under the bank loan agreement for the employment of my family members, and due to financial difficulties, I have repeatedly contacted Kaspi Bank JSC in writing and verbally to provide any preferential conditions for fulfilling obligations under the Bank Loan Agreement. The loan is in the hope of resolving the current situation in a pre-trial and peaceful manner. To date, due to financial difficulties, I have been overdue. The bank has been notified of the current situation, as I have repeatedly explained the situation to the employees of this bank, and also explained that I am paying the money as much as possible. In each appeal, I always pointed out that the Bank and/or any creditor has the right to recover the debt in court at any time. However, I only received obscenities and rudeness in response. After going into arrears on the part of the bank, I began receiving calls about delays, and about the need to pay the loan, which I myself repeatedly reported to the bank, about my insolvency and receiving a deferral or preferential terms, but in response I received only misunderstanding, rudeness and arrogance of the bank staff, my repeated requests for what-either the title documents confirming the right of the employees of Kaspi Bank JSC to demand any funds from me were also ignored.
Calls have become more frequent, including in the evening and at night (see the attached call printout). Due to the specifics of my job, I can't give up mobile communication during the day, so I had to take night calls. At the same time, I pointed out to the callers that their actions showed signs of hooliganism as articles contained in the Criminal Code of the Republic of Kazakhstan and the Administrative Code of the Republic of Kazakhstan. In connection with this, in order to protect my rights, I sent a Statement to Kaspi Bank JSC on September 07, 2015, No. 5-3391. revocation of consent to the processing of personal data (see the appendix). To date, I have not received a reasoned response to my appeals to Kaspi Bank JSC, in addition, after my statement, posing as bank employees, calls began to arrive, where I received a stream of obscene language, and employees began to directly insult me, as well as threaten me, my family and loved ones. Their conversations included phrases like "you'll regret that you were born," "our field team leaves once, no more required," "we'll blow your brains out," and so on. Where they demand that I immediately pay them the money to repay the loan I took from Kaspi Bank JSC. Otherwise, these citizens, according to them, intended to come to my house and independently remove the household items they liked. In response to my polite reply that the legislation of the Republic of Kazakhstan indicates the only way to collect debts – judicial, I received a stream of obscene language and insults.
These citizens introduced themselves as employees of Kaspi Bank JSC I.U., A.M., A. and a certain woman named B. and demanded that I immediately pay them money to repay the loan I had taken from Kaspi Bank JSC. Otherwise, these citizens, according to them, will block all my accounts from where I receive my salary, restrict my departure from the Republic of Kazakhstan, open a criminal case on fraud, put me on the wanted list and then put me in jail, and in the end they will take away my housing with all my possessions. The citizens who called expressed themselves very loudly, and in order to intimidate me, they hooliganely threatened me in every way, however, I pointed out to these citizens that I regarded their actions as hooligan, but their behavior changed only towards increasing aggression. In addition, I informed them that the seizure of property can only be carried out by bailiffs acting within the framework of enforcement proceedings, and that the seizure of property fraudulently is a crime and is prosecuted in accordance with the Criminal Code of the Republic of Kazakhstan.
Statement to the Prosecutor on the verification of the legality of the actions of the bank's employees
Further, these citizens informed me that they intended to physically influence me to pay off the debt, threatened to cut out my kidney, and also made veiled threats against my family and loved ones. I pointed out to them that their actions could be regarded as extortion, but they ignored this fact. After each such conversation, I am forced to resort to medical sedatives, as well as to call a doctor, as their actions cause me psychological trauma and undermine the psycho-emotional background, systematic humiliation of human dignity, even leading to suicide. According to the supreme law of the Constitution of the Republic of Kazakhstan, Article 1 states that "The Republic of Kazakhstan asserts itself as a democratic, secular, legal and social state, the highest values of which are man, his life, rights and freedoms." Article 12 of the Constitution of the Republic of Kazakhstan states "In the Republic of Kazakhstan, human rights and freedoms are recognized and guaranteed in accordance with the Constitution.
Further, these citizens informed me that they intended to physically influence me to pay off the debt, threatened to cut out my kidney, and also made veiled threats against my family and loved ones. I pointed out to them that their actions could be regarded as extortion, but they ignored this fact. After each such conversation, I am forced to resort to medication sedatives, as well as to call a doctor, as their actions cause me psychological trauma and undermine the psycho-emotional background, systematic humiliation of human dignity, even leading to suicide. According to the supreme law of the Constitution of the Republic of Kazakhstan, Article 1 states that "The Republic of Kazakhstan asserts itself as a democratic, secular, legal and social state, the highest values of which are man, his life, rights and freedoms." Article 12 of the Constitution of the Republic of Kazakhstan states "In the Republic of Kazakhstan, human rights and freedoms are recognized and guaranteed in accordance with the Constitution.
Human rights and freedoms belong to everyone from birth, are recognized as absolute and inalienable, and determine the content and application of laws and other regulatory legal acts." Also, in Article 13 of the Constitution of the Republic of Kazakhstan, "Everyone has the right to have their legal personality recognized and has the right to defend their rights and freedoms in all ways that do not contradict the law, including necessary defense, and everyone has the right to judicial protection of their rights and freedoms," and in Article 17 it says "Human dignity is inviolable." and finally, in the Constitution of the Republic of Kazakhstan, in Article 18, "Everyone has the right to privacy, personal and family secrets, protection of their honor and dignity, everyone has the right to privacy of personal deposits and savings, correspondence, telephone conversations, postal, telegraphic and other communications. Restrictions on this right are allowed only in cases and in accordance with the procedure directly established by law." I believe that the actions of the employees of Kaspi Bank JSC fall under the following articles of the Criminal Code of the Republic of Kazakhstan, the Law on Banks and Banking Activities that violate my rights, honor and dignity: - Article 50. (Law on Banks) Banking secrecy - Article 142. of the Criminal Code of the Republic of Kazakhstan Violation of privacy and the legislation of the Republic of Kazakhstan on personal data and their protection - Article 148. Illegal violation of the secrecy of correspondence, telephone conversations, postal, telegraphic or other communications - Article 149 of the Criminal Code of the Republic of Kazakhstan. The Criminal Code of the Republic of Kazakhstan, Violation of the inviolability of the home - Article 115. The threat of "Threatening to kill or cause serious harm to health" is Article 105 of the Criminal Code of the Republic of Kazakhstan, and Driving to suicide is Article 177. The Criminal Code of the Republic of Kazakhstan is Fraud ("fraud, that is, the theft of someone else's property or the acquisition of the right to someone else's property by deception or abuse of trust"), – Article 181. Extortion ("extortion, that is, demanding the transfer of someone else's property or the right to property or the commission of other property-related actions under threat of violence or destruction or damage to someone else's property, as well as under threat of spreading information that shames the victim or his relatives, or other information that may cause significant harm to rights or legitimate interests the victim or his relatives"). – Article 223 of the Criminal Code of the Republic of Kazakhstan. Illegal receipt and disclosure of information constituting a commercial or banking secret – Article 257. The Criminal Code of the Republic of Kazakhstan is hooliganism ("hooliganism, that is, a gross violation of public order, expressing obvious disrespect for society"). I would also like to note that I have revoked my consent to the use of my personal data and left them the opportunity to send all notifications and letters to my residential address. However, information about my registration address, phone numbers, and place of work is illegally stored and used by employees of the specified bank. This indicates a violation by these persons of Article 79 of the Administrative Code of the Republic of Kazakhstan "Violation of the legislation of the Republic of Kazakhstan on personal data and their protection. Due to the fact that I fear for my life and health, as well as for the life and health of my loved ones, as well as in order to prevent further violations of the law, I have to contact law enforcement agencies to protect my rights and interests. Based on the above, according to the Law "On the Prosecutor's Office", Article 7 indicates that the prosecutor's offices, in accordance with their powers, allow applications, complaints and other appeals containing information about violations of laws. In this regard, I appeal to you for the protection of my rights and legitimate interests. Due to the above circumstances,
ask:
To verify the legality of the actions of the employees of Kaspi Bank JSC.
Inform me about the results of the audit to the address I have indicated as a correspondence address within the time limit prescribed by law.
The statement from my words is written (printed) correctly and read by me. In addition to the above, I am not aware of any other information relevant to this fact, and if I receive additional information, it will be provided in writing.
application:
A copy of the identity card.
Printout of phone calls from a mobile phone 8-705-180-77-20.
_____________________/ R.O.V. "____"___________ 2015 the year.
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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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