Withdrawal of an Objection to a statement of claim for disagreement with the accrued penalty with the application of the statute of limitations
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. Withdrawal of the Objection to the statement of claim For more information, please contact by phone; +7 (700) 978-57-55.
To the District Court No. 2 of Almaly district of Almaty
To Judge Beiseuova A.A. Almaty, Tole Bi str., 267 8 (727) 333 1150
From the Defendant: .............. IIN: ............... +7 (777) …………………
Almaty, Almaty, ul. ................, 172 house.
Proxy representative: Galymzhan Turlybekovich Sarzhanov
IIN: 850722301036. Almaty, Medeu district,050002, Zhibekzholy ave.,
50, office 202, Business center Block. info@zakonpravo.kz / www.zakonpravo.kz
+ 7 (708) 578 57 58
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on a statement of claim for debt collection
In, your proceedings have pending civil case no......, on the claim of the LLP "Special Financial Company "Finance" (Hereinafter Plaintiff) to ..................... ( Next is 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 November 30, 2006 (hereinafter referred to as the Loan Agreement), between Alliance Bank JSC (hereinafter referred to as the Bank) and ................, ( 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 330,000 tenge. On July 29, 2011, the Bank entered into a Factoring Agreement with Spektr-Collect LLP in accordance with 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) Withdrawal of the Objection to the statement of claim for disagreement Subsequently, Spektr-Collect LLP was renamed Spektr Finance LLP, and an Additional Agreement was concluded between the Bank and the assignee. 5.5-16-3-1/934-2011/1 dated 26.09.2011 to the Factoring Agreement. In turn, SPECTRUM Finance LLP (the originator) on October 24, 2011, on securitization, according to which it assigned to the plaintiff the rights of claim previously acquired from the Bank under the Factoring Agreement under bank loan agreements, including under the Loan Agreement. Withdrawal of the Objection to the statement of claim for disagreement, In turn, SPEKTR Finance LLP concluded with the plaintiff Finance Special Financial Company LLP a contract of assignment of claims during securitization dated 24.10.2011, under which it assigned to the plaintiff the rights of claim previously acquired from the bank under the factoring agreement under bank loan agreements, including under the agreement a loan with the defendant. At the time of filing the claim, the defendant's debt amounted to 474,048 tenge. In accordance with Part 3 of art. 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."
Withdrawal of an Objection to a statement of claim for disagreement with the accrued penalty with the application of the statute of limitations
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, the value of which is disproportionate to the loan received." We believe that the employees of Special Financial Company Finance LLP deliberately delayed going to COURT in order to plunge the Borrower into larger debts.
Thus, the Plaintiff refers to art. 272 of the Civil Code of the Republic of Kazakhstan, the obligation must be performed properly in accordance with the terms of the obligation and the requirements of the law, and in the absence of such conditions and requirements - in accordance with business practices or other commonly imposed requirements, although he does not fulfill obligations in full and to the terms of the contract, which raises doubts about conscientious fulfillment of obligations. In the confirmation
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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