Sample Feedback Form on the recognition of DBZ as invalid due to the statute of limitations on the bank's Claim
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To the Taraz City Court of Zhambyl region Judge .............
Republic of Kazakhstan, 080007, Taraz, K.Turysova str. 7 726-1201@sud.kz
87262 34-75-50, 87262 34-75-43 from the Defendant: ........................ IIN: ......................
Proxy representative: Galymzhan Turlybekovich Sarzhanov
IIN: 850722301036. Almaty, Medeu district,050002, Zhibek Zholy ave., 50, office 202,
Business center Quarter. info@zakonpravo.kz / www.zakonpravo.kz + 7 (708) 578 57 58.
Feedback
on a statement of claim for debt collection
Q, there is a pending civil case no........ from 11/21/2011.. year, according to the claim of the LLP "Special Financial Company "Finance" (Hereinafter the Plaintiff) to gr. ............ ( Next, the Defendant) regarding debt collection under the bank loan agreement, we disagree with this claim on the following grounds: In accordance with the Bank Loan Agreement №......................... dated 11/30/20... (hereinafter referred to as the Loan Agreement), between Alliance Bank JSC (hereinafter referred to as the Bank) and gr. ............. (hereinafter referred to as the Borrower), a bank loan agreement was concluded, as a result of which the Bank provided the Borrower with a loan in the amount of 600,000 (six hundred thousand) tenge.On July 29, 2011, the Bank entered into a Factoring Agreement No. gr with Spektr-Collect LLP. ............, according to which. The Bank ceded to Spektr-Collect LLP (the assignee of the claim under the bank loan agreements of the CPC (a personal consumer lending product of Alliance Bank JSC, which operated until 2009), including under the Loan Agreement.
At the same time, in accordance with paragraph 2 of the section "Introduction" of the Factoring Agreement. The Bank has ceded to the assignee 100 (one hundred)% of the principal debt under the GAC bank loan agreements, 100 (one hundred)% of the accrued remuneration. 100 (one hundred)% of the accrued fees for maintaining debtors' bank accounts and 30 (thirty)% of the accrued penalties for late fulfillment of their obligations by debtors, since by the time the Factoring Agreement was signed, 70 (seventy) % of the accrued penalty was written off by the Bank (that is. The bank forgave the debtors most of the penalties) Subsequently, Spektr-Collect LLP was renamed SPEKTR Finance LLP, and an Additional Agreement was concluded between the Bank and the assignee. .............. from 26.09.20............ d. to the Factoring Agreement. In turn, SPECTRUM Finance LLP (the originator) on October 24, 2011, on securitization, according to which it ceded to the plaintiff the rights of claim under bank loan agreements previously acquired from the Bank under the Factoring Agreement, including and under the Loan Agreement.As of July 29, 2011, the Borrower's debt under the Loan Agreement amounted to 1,691,322 tenge, including partial payment, the total amount of debt amounted to 1,366,579. 90 tenge.
We do not agree with the above arguments of the Plaintiff, since the Plaintiff has already applied to the ForumVotum Arbitration Court located 050059, Almaty, md. on 22.07.2016. Samal-2, d. 58, block "G" office 56., +7 (727) 224-45-62., asforumvotum@gmail.com ., where on 09/02/2016 the Permanent Arbitration "Forum Votum" consisted of the arbitrator Yerkenov S.E., with the secretary of the arbitration session Balmukhambetov A.B., with the participation of the representative of the plaintiff LLP "Special Financial Company "Finance" Nefedov I.A., acting on the basis of Power of Attorney No. 113 dated April 18, 2016, reviewed the dispute over the claim of Special Financial Company Finance LLP against gr. ………… about the recovery of the debt amount and decided the claim - To satisfy the claims of the limited Liability Partnership "Special Financial Company "Finance" to gr. ............ on debt collection under a bank loan agreement, recovery of expenses for the payment of the arbitration fee, To recover from gr. ............ in favor of the plaintiff - LLP "Special Financial Company "Finance" the amount of debt in the amount of 1,596,322, To recover from gr. ............ in
in favor of the plaintiff - LLP "Special Financial Company Finance" the amount of registration and arbitration fees paid by the plaintiff is 37,926.The basis for the consideration of claims in the Arbitration Court was an Agreement on May 08, 2015, an Agreement was concluded between the plaintiff and the Borrower's mother №............... on debt repayment, according to which, the defendant undertook to repay the above-mentioned debt in the amount of 1,691,322 tenge. In paragraph 2 of the above-mentioned Agreement, the parties have determined that all disputes, disagreements between the parties and claims of the parties arising from or in connection with the Agreement. including those related to its execution, violation, termination or invalidity, are subject to review and resolution in the Arbitration (Arbitration Court) "Forum Votum" in accordance with its Rules, at the location of the court in Almaty.
At the same time, the parties agreed that. that the decisions of the Forum Votum Arbitration Court are recognized by the parties as binding.After the Plaintiff received the writ of execution by the Private bailiff of the Zhambyl region Sarbashev Batyrkhan Kumykovich located at Taraz, mkr. Samal, (7), 12, 21 block, e-mail address: b.sarbashev@mail.ru . tel: 8 747 727 12 84, 8 778 472 1415, enforcement proceedings were initiated to recover the amount owed, after which the wages were burdened, which the Plaintiff does not agree on in his claim. Simply pointing out the alleged voluntary repayment of the debt by the Debtor in order not to apply the statute of limitations, while the Respected court the amount of partial payment of the pension was forcibly collected from wages while the court's decisions were canceled. Accordingly, the statute of limitations should be applied in this civil case.Having disagreed with the above-mentioned decision, as at this court hearing, the defendant gr. ............., She did not participate, and she never received notifications about upcoming court sessions. We learned about this decision from the bailiffs. Thus, the defendant did not have the opportunity to familiarize himself with the subject of the statement of claim, the nature and size of the Plaintiff's claims and to collect the necessary materials to protect his interests. In addition, the case pending before the Forum Votum Arbitration Court affects the interests of gr. ………… and the decision in this case may affect the rights and obligations of the gr. ………… In this regard, we sent an Application to the Medeu District Court of Almaty for the annulment of the arbitration award. Thus, on 27.07.2017, Judge D.A. Aketaev of the Medeu District Court of Almaty reviewed the application of the gr. ………… . On the cancellation of the decision of the Forum Votum Arbitration Court dated September 02, 2016, I determined that the decision of the Forum Votum Arbitration Court dated September 02, 2016 should be canceled.and to resume this civil case on the merits.
In the previous Statement of Claim to the Arbitration Court, the Plaintiff indicated the full transcript of the debts incurred as follows: The Borrower's debt under the Loan Agreement amounted to 1,691,322 (one million six hundred ninety one thousand three hundred twenty-two) tenge as of July 29, 2011, of which: the outstanding loan amount was 519,709 (five hundred nineteen thousand seven hundred nine) tenge,unpaid remuneration amount - 699,946 (six hundred and ninety-nine thousand nine hundred and sixty-six) tenge, 30 (thirty)% of the accrued penalty (penalty) - 471,667 (four hundred seventy-one thousand six hundred sixty-seven) tenge.In accordance with Part 3 of Article 365 of the Civil Code of the Republic of Kazakhstan, "The debtor is not considered overdue until the obligation cannot be fulfilled due to the delay of the creditor."In accordance with Part 1 of Article 359 of the Civil Code of the Republic of Kazakhstan. "The debtor is responsible for non-fulfillment and (or) improper fulfillment of obligations in the presence of fault, unless otherwise provided by law or contract. The debtor is found innocent if he proves that he has taken all measures in his power to properly fulfill the obligation."Also, in accordance with Part 1 of Article 364 of the Civil Code of the Republic of Kazakhstan, "If non-fulfillment or improper fulfillment of obligations occurred due to the fault of both parties, the court accordingly reduces the amount of liability of the debtor."In the article of the "Legal Gazette" dated February 17, 2011, written by such prominent statesmen as M. Alimbekov, former Chairman of the Supreme Court of the Republic of Kazakhstan and D. Tumabekov. judge of the Supreme Court of the Republic of Kazakhstan, it says that - QUOTE: " ... banks, microfinance and lending organizations do not submit timely demands to the court to recover from the borrower the amount owed on the principal debt, remuneration (interest), as a result of which the amounts of penalties (penalties) to be collected are deliberately increased, which ultimately leads to an increase in the amount of total debt and foreclosure on collateral property whose value is disproportionate to the loan received."We believe that the employees of the LLP "Special Financial Company "Finance" deliberately delayed the appeal to the COURT., in order to plunge the Borrower into larger debts.
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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