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Return with interest: how the old man collected his savings through the court
Return with interest: how the old man collected his savings through the court

Petro* put all his savings on the deposit account, but at the expiration of the agreement, the credit union refused to return funds. The lawyer of Khmelnytskyi office of the Legal Development NetworkAnastasia Ploshchynska helped the pensioner get them back.

The pensioner, who was in a difficult situation, turned to Khmelnytskyi office of the Legal Development Network, based on Podolsky Legal League NGO. The point is that in 2010, Petro concluded the deposit agreement with the Koshtovna Credit Union (CU). The man put all his savings on the deposit account. However, when the term of the contract expired, the CU for some reason refused to return to the pensioner the money invested.

In 2013,thea man appealed to the court that decided to charge 25188,90 UAH from the Koshtovna Credit Union in Petro’s favor.

However, the defendant did not fully comply with the decision - and still has not returned 21612.55 UAH.

The pensioner asked the lawyers of the Office to help him return his savings and punish the offender.

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The lawyer Anastasia Ploshchynska explained the pensioner that he has the right to collect inflationary losses and three percent per annum. Thus, according to Article 625 of the Civil Code of Ukraine, the debtor is not exempted from liability for the impossibility of fulfilling a monetary obligation. The debtor who overdue the performance of a monetary obligation, is obliged on demand of the creditor to pay the debt amount taking into account the established inflation index for the entire time of delay, as well as three percent annual from the overdue amount, unless another interest rate is established by the contract or by law.

Petro decided to go to court. The lawyer made the necessary calculations and prepared a statement of claim to the court for the collection of inflationary losses and three per cent annually.

On March 16, 2017, the Khmelnytskyi City Court passed a decision in favor of the plaintiff, and decided to recover from the CU inflationary losses and 3% per annum for delaying the fulfillment of the monetary obligation in the amount of 15211.80 UAH, as well as 551.20 UAH in legal expenses.

Reference to the court decision:

Http://www.reyestr.court.gov.ua/Review/65433604

*The name is changed for ethical reasons.

P.S. Offices of Legal Development Network are created and work with the financial support of Human Rights and Justice Program Initiative of International Renaissance Foundation. You can learn more about activity of Network, basics and principles of work on Legal Space website.

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

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