In July-August 2020, short SMS notifications were sent to JSC Halyk Bank’s (hereinafter referred to as the “Bank”) customers, who has problem loans as of 1 July 2020, concerning possible assignment of rights of claims on their loans to third parties. The Bank places an extended text of the notification and answers to the questions:
JSC Halyk Bank (hereinafter referred to as the “Bank”) hereby notifies you that the Bank is currently considering the possibility of assigning (transferring) rights (claims) under bank loan agreement (loan account) concluded between the Bank and you (the “Agreement”), as well as processing of your personal data due to such assignment.
In case of a positive decision on this issue and conclusion of the claim assignment agreement, the Bank will additionally notify you that rights (claims) have been transferred, and will provide information about the third party to whom the rights (claims) were transferred, and will advise on further payments under the Agreement”.
1) Q: What is the legal basis for assignment of rights (claims) on loans?
A: The rights (claims) on overdue loans + ninety consecutive calendar days are assigned within the framework of the Bank's right provided for by the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan" and the bank loan agreement.
2) Q: Why does the Bank transfer the rights (claims) under the loan?
A: The rights (claims) of loans in favor of third parties are transferred by the Bank due to the delay in the fulfillment of obligations under the bank loan agreement for more than ninety consecutive calendar days and the absence of the borrower's appeal to the Bank to resolve the debt issue.
3) Q: How to avoid the assignment of rights (claims) on loan?
A: Repay overdue debt in full before the date of conclusion of the claim assignment agreement between the Bank and a third party. Please note that conclusion of claim assignment agreement is planned for the period from 15.08.2020 to 31.08.2020.
4) Q: Where do I address to settle my problem debts?
A: If you have any questions regarding the settlement of problem debts, you must contact the Bank branches at the following addresses: