Complaint about the refusal to provide additional assistance
To the Commission for Reviewing Complaints from Borrowers regarding
refusals received from second-tier banks,
JSC "Kazakhstan Housing Company",
organizations that carried out certain types of
banking operations, subsequently voluntarily
who returned the license of the authorized body,
in refinancing residential mortgage loans/mortgage loans
Republic of Kazakhstan, Almaty, residential district "Koktem-3", house 21
from the Borrower/Mortgagor:
K.O. A.
INN no..
address: Almaty, prospekt G., d. ..., sq. 3.
+7 777 .
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79/71 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5755; +7 708 578 5758.
Claim
refusal to provide additional assistance
I ask you to consider the legality of the refusal of the Bank, Kazakhstan Housing Company JSC, an organization that carried out certain types of banking operations and subsequently voluntarily returned the license of the authorized body, to provide additional assistance under Section 2-1 of the Housing Mortgage Loan Refinancing Program, approved by Resolution No. 69 of the Board of the National Bank dated 04/24/2015.
In order to implement the instructions of the Head of State. The Government and the National Bank of the Republic of Kazakhstan have adopted Resolution No. 69 of April 24, 2015 Housing mortgage loans/Mortgage loans refinancing program, as amended (regarding the refinancing of housing mortgage loans issued in foreign currency), approved by the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated December 23, 2019. The specified Program assumes that state support will be provided to citizens who received mortgage housing loans/mortgage loans in the period from 2004 to 2009, providing only 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".
Due to his age, the borrower is an old-age pensioner, his marital status is not married, he has no children, he has chronic diseases according to medical certificates, and the mortgage property is the only one for her.
Based on the above, within the framework of the refinancing program, a Bank Loan Agreement No.5.2.-02/022GPRF-2019 dated June 25, 2019 with monthly payments of 154,000 tenge was concluded between the Borrower.
Subsequently, on 07/15/2024, for incoming No.02/1/9968, we applied to the bank with a reasoned application for individual additional debt relief in the form of debt reduction/forgiveness under the refinancing program.
However, subsequently, on 07/23/2024, the bank provided a response stating that the allocated limit had been fully utilized, and therefore it was not possible to make a decision today.
Subsequently, on 08/01/2024, the year ZHT-2024-04896310, we appealed to the Commission for the Consideration of Complaints from borrowers regarding the refusals received from second-tier banks of the ARFR RK.
Subsequently, we received an answer that the Borrower falls under the program, funds have been allocated and it is necessary to contact the bank again.
On 12/18/2024, we repeatedly applied to the Bank for individual additional debt relief in the form of debt reduction/forgiveness under the refinancing program to the Borrower.
On 12/19/2024, for ext. No. 02-02123012/22581, we received a reply from the bank: "The branch of ForteBank JSC in Almaty (hereinafter referred to as the Bank) expresses its compliments to you and in response to your application for No. 02-1-18371 dated 12/18/2024, regarding the reduction of principal debt under Section 2-1 of the Housing Mortgage Loan Refinancing Program, approved by Resolution No. 69 of the Board of the National Bank of the Republic of Kazakhstan dated April 24, 2015, informs that a decision is not possible due to the lack of a limit for debt reduction under a bank Loan Agreement No. 5.2.-02/0220GPRF-2019 dated 06/25/2019, concluded with K.O. Andreevna."
To date, the Borrower and the mortgagor in one person are going through difficult times accompanied by financial difficulties that have led to a deterioration in health and a moral and psychological decline in their general condition.
By sending this letter to you, we hope for your understanding of our critical condition and for your support in joining the state refinancing program to receive additional assistance.
I would like to note, referring to the above-mentioned Resolutions, as well as Resolutions No. 114, where it is stipulated that, in order to ease the borrower's debt burden, the Bank, the CFC, the Organization forgives the borrower's debt on remuneration, commission, penalty (penalty, fine) and has the right to apply other improving conditions aimed at reducing the borrower's debt burden.
The Bank and the Organization can also provide additional assistance provided by the Program at their own expense. Based on the results of the analysis of the program implementation, President of the Republic of Kazakhstan Kassym-Jomart Tokayev instructed the government and the National Bank to develop a number of measures aimed at supporting borrowers experiencing difficulties in servicing loans.
An analysis of the implementation of the first and second parts of the Program has shown that additional government support is especially needed by citizens who belong to the NHS category and have previously refinanced their loans under the terms of the Program. The incomes of this category of citizens in the form of social benefits and payments from the budget do not allow them to service their loans even under the simplified terms of the Program. In this regard, in accordance with the instructions of the President of the Republic of Kazakhstan K.K. Tokayeva, On December 23, 2019, the third part of the Program was launched, which grants banks the right, based on an analysis of the borrower's financial and social situation, to apply individually additional debt relief mechanisms in the form of reducing/forgiving the principal debt, establishing preferential schedules with a monthly payment of 20,000 tenge and maintaining the borrower's income at least the subsistence minimum.
In order to preserve the borrower's ownership of the only housing, financial institutions have been granted the right to finance the borrower at an interest rate of 3% per annum, or to lease the home to him with the possibility of subsequent purchase.
During the implementation of the Program, citizens' appeals and proposals from public associations were analyzed, on the basis of which, in September 2020, the National Bank of Kazakhstan and the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market approved amendments to improve the terms of the Program.
Also in The Resolution Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market No. 82 dated October 30, 2023 (hereinafter referred to as the Program). In particular, in subclauses 17-3, 17-6, in order to ease the debt burden of borrowers who find themselves in a difficult financial situation on a refinanced loan, the Bank may provide additional assistance at its own expense to borrowers who have applied before October 01, 2024.
Based on the above and in accordance with the Resolution of the National Bank of the Republic of Kazakhstan No. 69,
ask you:
· I ask you to consider the legality of the Bank's refusal.;
· Apply additional debt relief on an individual basis in the form of debt reduction/forgiveness under the refinancing program.
Yours sincerely, K. O. A.
Proxy Representative Lawyer: Sarzhanov G.T.
Appendix to the Application for refusal to provide additional assistance
The borrower's membership in the socially vulnerable strata of the population
YES / NO (write it yourself)
disabled people and participants of the Great Patriotic War
no
persons equated to the disabled and participants of the Great Patriotic War
no
disabled people of groups 1 and 2
no
families with or raising disabled children
no
persons suffering from severe forms of certain chronic diseases listed in the list of diseases approved by the Government of the Republic of Kazakhstan
yes
seniors by age
yes
orphaned children and children left without parental care, under the age of twenty-nine, who have lost their parents until they reach adulthood. When such persons are conscripted into military service, the age is extended for the duration of military service.
no
oralmans
no
persons who have lost their homes as a result of environmental disasters, emergencies
natural and man-made situations
no
large families (4 children or more)
no
families of persons who died (died) in the performance of state or public duties, military service, during the preparation or implementation of a flight into outer space, during the rescue of human life, during the protection of law and order
no
single-parent families
Additional information
Marital status
Not married, no children
Full name of the spouse (if any)
no
Place of work
retiree
Average monthly income
145 000 tenge
Spouse's place of work
no
The average monthly income of the spouse(s)
no
Number of children
no
Age of children
no
Belonging of family members to the SUSN
no
Supporting documents must be attached to the information reflected in the questionnaire.
With respect, K O A
Proxy Representative Lawyer: Sarzhanov G.T.
To the Commission for Consideration of complaints from
Borrowers regarding refusals received from
second-tier banks, Kazakhstan Housing Company JSC,
organizations that carried out certain types of banking
operations, and subsequently voluntarily returned
the license of the authorized body in refinancing
residential mortgage loans/mortgage loans
Republic of Kazakhstan, Almaty, residential district "Koktem-3", house 21
from the Borrower/Mortgagor:
K O A a
INN No.
address: Almaty, prospekt G , d. , sq. 3.
+7 777
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79/71 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5755; +7 708 578 5758.
CONSENT FORM
Almaty 03.09.2024
I hereby provide my unconditional consent to the Commission for Reviewing Complaints from Borrowers regarding refusals to refinance a mortgage loan (mortgage loan) to disclose information that constitutes a banking secret in relation to me, in accordance with the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan" and information related to personal data in accordance with the Law of the Republic of Kazakhstan "On Personal Data", as well as information constituting commercial and official secrets, in connection with which the employees of the second-tier bank, Mortgage Organization Kazakhstanskayazhishchnaya Company JSC, an organization that carried out certain types of banking operations and subsequently voluntarily returned the license of the authorized body, may verbally and in writing disclose any information regarding the loans (credits) I received, ways to ensure the fulfillment of obligations under these loans, including collateral, mortgagors, guarantors, and the fulfillment of contractual obligations by me. obligations, about the measures they have taken to enforce contracts.
I have read the text of the statement, the meaning is clear, no translation is required.
With respect, K O A
Proxy Representative Lawyer: Sarzhanov G.T.
Attention!
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