Dreaming about a new car, the woman got on the hook for fraudulent organization. Due to the prompt assistance of a human rights activist in Ivano-Frankivsk office of the Legal Development Network she managed to return 51 200 UAH.
The resident of Ivano-Frankivsk Lesya Mikhaylenko* long wanted to acquire her own car. About a year ago after seeing a newspaper ad about the preferential terms of purchasing a new car from the local leasing company, the woman went to make a deal.
The offer was really tempting. Representatives of the company promised to deliver Mrs. Mikhaylenko the selected car two days after the conclusion of the transaction, if she pre-pays only 10% of the purchase price, and the rest in the next 60 months without any interest. Lesya, without hesitation, agreed, signed a financial leasing contract and paid 51 200 UAH.
Several weeks later Lesya understood that she had been deceived. In September last year, she via the registered letter sent to the leasing company a claim for refund of the money paid, but her requirement was ignored.
Mrs Mikhaylenko did not know how to get the swindlers to return the money. Six months of searching a legitimate way brought her to Stanislav human rights group.
The lawyer of the Office Yaroslav Vasyutin took the case of the woman. He immediately explained her the step by step instructions for the protection of her rights: to perform the terms of the contract, correspond them with the requirements of laws of Ukraine "On protection of consumer rights" and "On financial leasing" and to apply to the court for recognition of the contract null and void.
Yaroslav Vasyutin knew the way by heart. After all, just three months ago he won a similar case.
The lawyer found a lot of violations in the contract. "The document severely limited the rights of Mrs. Mikhaylenko, did not determine the total amount of her monetary obligations, but the contract reduced the statutory obligations of the lessor and fully excluded its liability for non-performance or improper performance of obligations on transfer of the car”, said Yaroslav Vasyutin. “It is absolutely contrary to the requirements of the Laws "On protection of consumer rights" and "On financial leasing", so we went to court".
The court, agreeing with the justification of the claim, decided in favor of Lesya: recognized the contract as invalid and ordered the swindler company to return the received funds in the amount of 51 200 UAH.
*The name is changed for ethical reasons.
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