A sample statement of claim for the review of a debt collection case
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.
To the Bostandyk District Court of Almaty
The plaintiff: _____________________ IIN: _____________________ address: _____________________ phone number: _____________________
Email: _____________________
Representative of the defendant: Otanym-Elim LLP Law Company
Address: Almaty, Gogol St., 84 "A", office 101 Sarzhanov Galymzhan Turlybekovich
Phone: 8 707 578 57 58, 8 708 578 57 58. Defendants: Kazkommertsbank JSC, Republic of Kazakhstan,
Almaty city Private bailiff of the Executive District
the city of Almaty. __________________ address: __________________
STATEMENT OF CLAIM
on the review of the case based on newly discovered circumstances
In pursuance of the instructions of the Head of State given at the expanded meeting of the Government of the Republic of Kazakhstan dated February 11, 20__, taking into account the measures of the economic policy of the "special period", the Government and the National Bank of the Republic of Kazakhstan adopted a Program for refinancing residential mortgage loans/mortgage loans. The specified Program assumes that state support will be provided to all citizens (borrowers) who applied to the Bank and who comply with the terms of the program, who received mortgage housing loans/mortgage loans in the period from January 01, 20__ to December 31, 20__ in the amount of no more than 36,470,000.00 tenge, secured by single housing, including borrowers belonging to socially vulnerable segments of the population in accordance with Article 68 of the Law of the Republic of Kazakhstan "On Housing Relations". For a loan for which there is a judicial act that entered into force on the date of refinancing, the refinanced amount is determined by the amount of the principal debt in tenge according to the judicial act, in foreign currency - in tenge equivalent at the official exchange rate of the National Bank on the date of the judicial act. The allocated funds will be used to ease the conditions for servicing residential mortgage loans and do not involve writing off the debts of problem borrowers. On August 04, 20__, a Mortgage Agreement No. __ was concluded between me and Kazkommertsbank JSC in order to receive an amount of 21,312 US dollars, for a period from 08/11/20__ to 08/11/2013, with remuneration paid to the bank at 14% per annum, on terms of urgency and repayment. Additional Agreement No. 1 dated 05/17/20__ included in the contract as a co-borrower _____________________. On 02/05/20__, a loan agreement No. __ was also concluded under the terms of which the bank provided loan funds in the amount of USD 143,750 for a period of 360 months , with remuneration paid to the bank of 14% per annum of the loan amount.Collateral property located at the address: Almaty, Satbayeva str., 6, sq. 1., Satbayeva str., 6, sq. 72, acted as security for the fulfillment of obligations under the bank loan agreement. which, according to the refinancing program, do not exceed 120 sq.m.At Kazkommertsbank JSC, we, _____________________ _____________________ they were also recognized as problematic borrowers by the decision of the Bostandyk District Court of Almaty - The debt amount of 24,872,404 tenge has been collected from me.
The above Program has been approved and the remaining debt on the main debt of the mortgage housing loan /mortgage loan as of the refinancing date is subject to refinancing, minus the capitalized amounts, that is, in order to alleviate the borrower's debt burden, the forgiveness (write-off) of the accumulated debt on remuneration, commissions, and penalties of the borrower on the refinanced mortgage housing loan /mortgage loan, including borrowers related to in accordance with the legislation (the Law of the Republic of Kazakhstan art. and specify the provisions) for socially vulnerable segments of the population.For loans for which there is a judicial act that entered into force on the date of refinancing, the refinanced amount is determined by the amount of the principal debt if in tenge - according to the judicial act, in foreign currency - in tenge equivalent at the official exchange rate of the National Bank of the Republic of Kazakhstan on the date of the judicial act.According to art. 3, para. 12, Refinancing programs: the compliance of a potential borrower with the criteria imposed on the borrower according to the program is a prerequisite for refinancing.Since I am a problem borrower of Kazkommertsbank JSC who received a loan secured by my home, I fall into this category of citizens for whom this financial assistance has been provided by the Government of the Republic of Kazakhstan. Despite my financial situation, I am a private bailiff _____________________. address: _____________________" D"., tel _____________________ fulfilling the task of Kazkommertsbank JSC despite the changes in The government's policy towards problem borrowers did not inform me about the possibility of officially writing off half of the debt and entering into a new repayment schedule, pursuing their personal selfish interests without my knowledge and consent. Violating the current legislation on bidding, I illegally transferred my housing to the bank's balance sheet in the form of an apartment at the address: Almaty, Satbayeva str., 6, sq. 1., Satbayeva str., 6, sq. 72. where I live with my family members.The housing I purchased in Almaty is currently being raided by Kazkommertsbank JSC. I am, _____________________ I currently live with my mother. _____________________, a servicewoman of the Ministry of Defense of the Republic of Kazakhstan. She is currently retired, of retirement age (__years) and experiencing health problems. who, in turn, has many years of work experience and has been awarded certificates of commendation from the Ministry of Defense of the Republic of Kazakhstan and a jubilee medal on behalf of the President of the Republic of Kazakhstan, the daughter of
veteran and invalid of the Great Patriotic War, Knight of the Order of Glory _____________________, who was roughly fulfilling her military duty to the Motherland. During the formation of the Southern Military District, when the command decided to transfer forces from Almaty to Taraz, and she was among the first to take part in strengthening the region's forces, she lived and worked in harsh field conditions, knowing in the cold that her Homeland needed it, as there was a great risk from the southern borders in in the form of extremist gangs.I want to say that the housing that I managed to purchase is located in "old-plan" houses (the house was built in 1964, the houses are 50 years old). Our numerous requests and options to resolve the issue did not elicit a response from the Bank. On the contrary, the Bank sued me. And all this despite the fact that my family has already paid about 100,000 (one hundred thousand) US dollars to the Bank. The bank did not receive enough money, he also took away housing. It should be noted that our family has been registered and has been living in this housing for 12 years. Ownership of this property on our part is conducted continuously, openly and in good faith.In order to protect our rights, we turned to a lawyer who promised to help in our situation, but his negligent attitude only worsened our problem. We were in a desperate situation. In which, as reality shows, all rights belong to banks, and citizens are in the position of dependents. And no public organization or authorized body is able to change the situation or help citizens.And we would like to inform you that under loan agreement No. 3796 dated 08/04/2003, the balance of the principal debt is 7,988 (seven thousand nine hundred and eighty-eight) US dollars, not 9,291 (nine thousand two hundred and ninety-one) US dollars.Under the loan agreement no. __ dated 05.02.20__ The balance of the principal debt is 122,056 (one hundred twenty-two thousand fifty-six) US dollars, not 142,218 (one hundred forty-two thousand two hundred eighteen) US dollars.Taking into account our family's repeated requests to the Bank to consider possible solutions to this situation, the Bank's actions led to the recovery of all property. _____________________.,
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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