To Win in the Сourts You Need to Have Patience and Faith in Victory
09.12.2015
To Win in the Сourts You Need to Have Patience and Faith in Victory
Dear borrowers and their guarantors, and those who touched the problem of unpaid debt! We are ready to share with you the victory over the collectors. The plot of the case is follow. The suit of LLC "Kredeks Finance" was filed in June 2013. At the first instance, the claim was satisfied in full - with borrowers recovered the full amount of the debt. The appeal court changed the decision, so the claim was satisfied in part, in terms of the percent recovery denied because оf their limitations. However HSCU after considering the appeal of the Law Firm "Moskalenko & Partners" the case was referred to the court of the first instance for a new trial, specifying how the court must calculate the limitation period for individual payments. The court of the first instancе dismissed the "Kredeks Finans's" suit entirety. The key to winning the case, among other circumstances, was the fact that the Law Firm "Moskalenko & Partners" failed to prove that the bank resold collectors the debt which limitation period was expired, which was supported HSCU and a new examination of the Court was obliged to take this into account and refuse in the lawsuit. Although the court of appeal (the second time) and partially granted the appeal of "Kredeks Finance", but the amount awarded for payment decreased more than 15 times. The client was satisfied with the court decision and the decided not to appeal it. Separately it is necessary to point out that in spite of the biased position of the lower courts in the first examination, our client did not give up, did not lose patience and faith in our victory, and the services of the Law Firm "Moskalenko & Partners" in support of the case in all instances repeatedly were paid off.
Dear borrowers and their guarantors, and those who touched the problem of unpaid debt! We are ready to share with you the victory over the collectors. The plot of the case is follow. The suit of LLC "Kredeks Finance" was filed in June 2013. At the first instance, the claim was satisfied in full - with borrowers recovered the full amount of the debt. The appeal court changed the decision, so the claim was satisfied in part, in terms of the percent recovery denied because оf their limitations. However HSCU after considering the appeal of the Law Firm "Moskalenko & Partners" the case was referred to the court of the first instance for a new trial, specifying how the court must calculate the limitation period for individual payments. The court of the first instancе dismissed the "Kredeks Finans's" suit entirety. The key to winning the case, among other circumstances, was the fact that the Law Firm "Moskalenko & Partners" failed to prove that the bank resold collectors the debt which limitation period was expired, which was supported HSCU and a new examination of the Court was obliged to take this into account and refuse in the lawsuit. Although the court of appeal (the second time) and partially granted the appeal of "Kredeks Finance", but the amount awarded for payment decreased more than 15 times. The client was satisfied with the court decision and the decided not to appeal it. Separately it is necessary to point out that in spite of the biased position of the lower courts in the first examination, our client did not give up, did not lose patience and faith in our victory, and the services of the Law Firm "Moskalenko & Partners" in support of the case in all instances repeatedly were paid off.
