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Bank nominated no claims and lost lawsuit 4 years later
Bank nominated no claims and lost lawsuit 4 years later

Pavlo* addressed Chuhuiv human rights groupfor legal assistance. Oshchadbank (hereinafter – the plaintiff) pleaded against him demanding to collect in its favor the resulting debt under the credit agreement. 

In support of the claim Pavlo told that in 2006 he concluded a loan agreement under which the plaintiff received money for the purchase of goods.

In this case the plaintiff never addressed the defendant with a demand or claim over the phone or in written form. It allows to assume that the banking institution probably deliberately contributed to the increase of the indebtedness under the credit agreement.

Lawyers of ChHRG insisted that the size of the loan debt and interest charges under the contract are significantly overstated in relation to the size of the loan.

In addition, the Bank filed claims for recovery of debt under the credit agreement only 4 years after the last payment under the credit was carried out. It should be noted that the General Statute of Limitations shall be for a period of 3 years. The lawyer of Chuhuiv human rights group – the representative of the defendant in court - indicated that the Statute of Limitations for the basic requirement surfaced, a good reason for missing the limitation period the plaintiff is not given.

Therefore, the court of first instance refused the claim against Pavlo in full.

However, the plaintiff had filed an appeal against the decision. But the Court of Appeals recognized that the court of first instance had comprehensively investigated all circumstances of the case, given them a proper assessment, and therefore the panel of judges sow no grounds for the appeal.

*Names are changed for ethical reasons.

Reference
Aid was provided in the framework of the project "Center for the integration of primary and secondary free legal aid on the level of territorial communities of Kharkiv region" with the support of the Program Initiative of International Renaissance Foundation "Quality and Accessible Legal Aid in Ukraine" implemented by the Canadian Bureau of International Education with the support of the Government of Canada.

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