Bad Debts
In case of non-payment of the loan, the Bank may levy execution against money on the borrower's bank accounts on an uncontested basis, including by submitting a payment demand (if such recovery is stipulated in the Bank Loan Contract).
Instruction
With effect from 1 October 2021, a single procedure for settlement of overdue loan debts of citizens, which is mandatory for banks, has been introduced. This procedure requires creditors to consider the borrower's application for loan restructuring based on the borrower's current solvency. Article 36 of the Banking Law outlines the following debt settlement procedure:
1. According to this procedure, within thirty calendar days from the date of occurrence of a delay in performance of obligations under a Bank Loan Contract, an individual borrower may visit the Bank and submit an application in writing or in the manner provided for by the Contract, outlining the reasons that cause the delay in fulfilling obligations, income and other confirmed circumstances (facts) that justify the debtor's application for modifications to the terms of the Bank Loan Contract.
2. Within fifteen calendar days following receipt of the individual borrower's application, the Bank shall review the proposed modifications to the terms of the Bank Loan Contract and notify in writing or by any means specified in the Contract of:
1) its consent with the proposed modifications to the terms of the Contract;
2) its proposals to modify the terms and conditions of the Contract;
3) refusal to modify the terms and conditions of the Contract with a reasoned justification for such refusal.
For any issues related to late monthly payments, you can get consultation by calling the following hotline numbers:
+7 (727)2 44 22 54, 8 (800) 080 00 88, 505.
To the Rules for Provision of Banking Services and Consideration by Banks and Organizations Engaged in Certain Types of Banking Operations of Customer Appeals Arising During Provision of Banking Services
If the borrower is an individual, within thirty calendar days from the date of occurrence of delay in fulfillment of the obligation under a Bank Loan Contract (the Contract), the borrower may visit the Bank and (or) submit an application, in writing or in the manner prescribed by the Contact, outlining the information on reasons that cause the delay in fulfilling obligations under the Contract, income and other confirmed circumstances (facts) that justify the borrower's application for modifications to the terms and conditions of the Contract in accordance with Paragraph 1-1, Article 36 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan" (the Banking Law).
Within fifteen calendar days following receipt of the individual borrower's application provided for in Paragraph 1-1, Article 36 of the Banking Law, the Bank shall review modifications to the terms and conditions of the Contract proposed by the individual borrower and notify the individual borrower in writing or by other means specified in the Contract of:
1) its consent with the proposed modifications to the terms and conditions of the Contract;
2) its own proposals to modify the terms and conditions of the Contract;
3) refusal to modify the terms and conditions of the Contract with a reasoned justification for such refusal.
In case of receiving the Bank's decision to refuse to modify the terms and conditions of the Contract or in case of failure to reach a mutually acceptable decision to modify the terms and conditions of the Contract, within 15 (fifteen) calendar days following receipt of the Bank's decision, the individual borrower may apply to the Agency of the Republic of Kazakhstan for Regulation and Development of Financial Market by giving a simultaneous notification to the Bank.
If the borrower fails to satisfy the Bank's request to make payments under the Contract, including overdue debt, in accordance with Paragraph 2, Article 36 of the Banking Law, the Bank may levy execution against money on the borrower's bank accounts on an uncontested basis, including by submitting a payment demand (if such recovery is stipulated in the Contract), subject to the limitations provided for by the Banking Law.
In cases when the borrower fails to satisfy the Bank's request to make payments under the Contract, including overdue debt, and if the individual borrower fails to exercise the rights provided for by Paragraph 1-1, Article 36 of the Banking Law, or the lack of agreement between the individual borrower and the Bank to modify the terms and conditions of the Contract, in accordance with Paragraph 2-1, Article 36 of the Banking Law, the Bank may apply measures against the borrower provided for by the laws of the Republic of Kazakhstan and (or) the Contract, including, but not limited to, transfer the debt for pre-trial collection and settlement to a debt collection agency (if the Bank has such right in the Contract), assign the right (claim) under the Contract to a person indicated in Paragraph 4, Article 36-1 of the Banking Law, file a court action for the recovery of outstanding debt under the Contract, and foreclose on the mortgaged property out-of-court, except for cases stipulated by the Law of the Republic of Kazakhstan "On Mortgage of Immovable Property", or through court.
The bank notifies the borrower of the occurrence of a delay in fulfilling obligations and the need to make payments, no later than 10 calendar days from the date of its occurrence, in the manner provided for in the Bank Loan Agreement* (hereinafter referred to as BLA).
*Bank loan agreement/application application issued as part of an agreement to establish a credit limit/agreement to provide a credit line (if any).
Late payments can negatively affect your credit history. Remember to repay your loan on time. In case of late payment on the loan, the Bank charges fines/penalties in accordance with the terms of the bank loan agreement.
We recommend that you pay off your overdue debt or call the Call Center at 505, or apply for restructuring.
1) website of JSC 'Bank CenterCredit' https://www.bcc.kz/deferral/ ;
2) delivered on purpose by individuals and/or during a personal visit to a bank branch/division;
3) received in a fax mailbox;
4) electronic mail (e-mail) info@bcc.kz
The bank, within 15 calendar days after receiving the application from the borrower (individual), considers proposed changes to the terms of the bank loan agreement in the manner established by the regulatory legal act of the authorized body and in writing or in the manner provided for in the bank loan agreement, informs the borrower - individual face about (about):
1) agreement with the proposed changes to the terms of the bank loan agreement;
2) their proposals to change the terms of the bank loan agreement;
3) refusal to change the terms of the bank loan agreement, indicating a reasoned justification for the reasons for such refusal.
1) change in the direction of reducing the interest rate under a bank loan agreement;
2) change in the currency of the amount of the balance of the principal debt on a bank loan issued in foreign currency to national currency;
3) deferment of payment of the principal debt and (or) interest;
4) change method of debt repayment or priority of debt repayment, including repayment of the principal debt in priority 'order';
5) changing the term of a bank loan;
6) forgiveness of the overdue principal debt and (or) remuneration, cancellation of penalties (fines, penalties), commissions and other payments related to servicing the bank loan;
7) independent sale by the mortgagor of the real estate that is the subject of the mortgage, in the manner prescribed by Article 20-1 of the Law of the Republic of Kazakhstan “On Mortgage of Real Estate”;
8) provision of compensation in exchange for the fulfillment of an obligation under a bank loan agreement by transferring collateral to the bank (an organization carrying out certain types of banking operations);
9) sale of real estate that is the subject of a mortgage, with the transfer of the obligation under a bank loan agreement to the buyer.
When contacting a Bank branch, it is important to have an identification document on hand, in some cases documents that confirm the deterioration of the financial situation, or you can fill out the application form through the website of Bank CenterCredit JSC at the link https://www.bcc.kz/deferral/ .
Restructuring - changing the terms of the loan agreement, prolongation, granting a deferment, a grace period, changing the repayment schedule, the order of repayment, etc. Restructuring is applied when the financial condition or social situation of the borrower worsens, or other cases confirming temporary difficulties in repaying payments under a bank loan agreement .
Within 30 calendar days from the date of delay in fulfilling the obligation under the bank loan agreement, visit the Bank, or leave an application through the channels for receiving requests to resolve issues regarding the restructuring of loan debt. When contacting the Bank, activities are carried out by employees of the Mass Collection Center, detailed information is reflected on Bank website at the link: https://www.bcc.kz/about/problemnaya-zadolzhennost/
A loan for which the terms of the original bank loan agreement are not met for more than 30 (thirty) days.
The withdrawal of a payment request is carried out on the same day, after repayment of the overdue debt or other measures on the basis of supporting documents.
A citizen of the Republic of Kazakhstan engaged in private practice in the execution of executive documents without forming a legal entity on the basis of a license for the right to engage in activities for the execution of executive documents, issued by an authorized body.
In this case, the borrower must contact the Bank for advice on repayment of overdue debt to the employees of the Mass Collection Center at the link: https://www.bcc.kz/about/problemnaya-zadolzhennost/
Search in the unified register of debtors and temporarily restricted debtors for individuals, officials of a legal entity at the link https://aisoip.adilet.gov.kz/debtors
You need to update your personal information. Please visit the nearest Bank branch/notify the Bank in writing.
1) veterans of the Great Patriotic War;
1-1) veterans equal in benefits to veterans of the Great Patriotic War;
1-2) veterans of military operations on the territory of other states;
2) persons with disabilities of the first and second groups;
3) families with or raising children with disabilities;
4) persons suffering from severe forms of certain chronic diseases listed in the list of diseases approved by the authorized body in the field of health care;
5) old-age pensioners;
6) orphans and children without parental care, under twenty-nine years of age, who lost their parents before adulthood. When such persons are called up for military service, the age is extended for the duration of compulsory military service;
7) kandas;
8) persons who lost their home as a result of environmental disasters, natural and man-made emergencies;
9) mothers with many children who were awarded the “Altyn alka”, “Kumis alka” pendants or who previously received the title “Mother Heroine”, as well as those awarded the Order of “Maternal Glory” I and II degrees, large families;
10) families of persons who died (died) in the performance of state or public duties, military service, during preparation or implementation of a flight into outer space, while saving human life, while maintaining law and order;
11) single-parent families.