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Lawyers helped find justice for unscrupulous seller
Lawyers helped find justice for unscrupulous sellerPhoto by prixcartegrise.info

The deceived inhabitant of the Carpathian region managed to recover the funds he had paid the fraudulent organization allegedly for the purchase of a tractor on credit only in the court.

 

In June 2016 on one of the car sales sites a resident of the Carpathians Mr. Andrii* came across the best offer on the purchase of mini-tractor. The Guarantee Ltd offered him the vehicle twice cheaper than official dealers.

Arriving at the office, the man did not hesitate to sign a financial leasing contract and made a deposit in the amount of 15 thousand UAH. In this document, the customer had two days to get the tractor, and then to pay the remaining amount specified in the contract.

However, Mr. Andrii never received the tractor.

Realizing that the organization fraudulently took possession of his funds, the deceived man applied for legal aid to lawyers of Ivano-Frankivsk Office of Legal Development Network.

After examining the details, the lawyer of Stanislav human rights group Yaroslav Vasyutyn prepared the statement of claim on the recognition of the financial leasing contract as void and the recovery of funds because the contract was concluded under influence of deception and using unfair business practices prohibited by article 19 of the Law of Ukraine "On protection of consumer rights".

In addition, the lawyer in the lawsuit noted that the agreement signed by Mr. Andrii, has many shortcomings. It is not notarized, does not contain a specific definition of the subject of the contract, it does not state the year of production of the mini-tractor, the working volume of its engine, there are no data on the seller of the product, his name and location and contact of the service center to contact in case of violation of quality, etc. Yaroslav Vasyutyn said that these conditions are mandatory.

In October 2016, Bohorodchany district court in Ivano-Frankivsk region granted the claim of Mr. Andrii, invalidated the contract of financial leasing and recovered in favor of the man 15 thousand UAH paid by him under the contract.

However, the Guarantee Ltd disagreed with the decision and challenged it in the court of appeal.

In January 2017, the court of Appeal of Ivano-Frankivsk region rejected the appeal and the district court's decision was left without changes.

*Names are changed for ethical reasons.

P.S. The Legal Development Network offices are created and work with financial support of“Human Rights and Justice” Program Initiative of International Renaissance Foundation.  Read more about activity of Community Law Center network, basics and principles of work on Legal Space.

 The opinion of the International Renaissance Foundation cannot coincide with the point of view of authors of publication.

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