Recovery of savings from a credit cooperative

Recovered RUB 546,433.28 from a credit consumer cooperative

After the agreement expired, КПК «Совет» failed to return RUB 450,100 of the client’s personal savings. A request for repayment and a pre-trial demand did not resolve the matter. The Sovetsky District Court of Krasnoyarsk ordered the cooperative to repay the savings, contractual compensation and statutory interest — RUB 546,433.28 in total.

Situation

The client placed personal savings with КПК «Совет» under the “Накопительный” savings program agreement and additional agreements. The total amount transferred to the cooperative was RUB 450,100.

After the agreement expired, the cooperative did not return the money. The client submitted a repayment request and later a pre-trial demand, but the funds were not repaid voluntarily.

Court proceedings were therefore required to recover the principal amount together with contractual compensation and interest for the delayed repayment.

Legal Task

Establish the cooperative’s obligation to return RUB 450,100 of personal savings, substantiate the contractual compensation and interest for delayed repayment, and obtain a court award for the full proven amount.

How the Work Proceeded

What We Did

  1. 01

    Reviewed the personal-savings agreement and additional agreements under which the client transferred funds to the credit consumer cooperative.

  2. 02

    Documented the RUB 450,100 principal amount that had been transferred and not returned, together with the unsuccessful pre-trial attempts to recover the money.

  3. 03

    Prepared and substantiated the calculation of contractual compensation for use of the personal savings in the amount of RUB 69,982.21.

  4. 04

    Claimed interest for the unlawful retention of the funds and presented the client’s position before the court.

Result

The court awarded RUB 546,433.28

On March 17, 2022, the Sovetsky District Court of Krasnoyarsk partially granted the claim and ordered КПК «Совет» to return RUB 450,100 of the client’s personal savings.

The court also awarded RUB 69,982.21 in contractual compensation for use of the savings and RUB 26,451.07 in interest for the unlawful retention of the funds.

The total amount awarded was RUB 546,433.28.

The case materials confirm the court award but do not confirm that the awarded funds were actually received by the client. Viktor Erofeev of Konsultant Law Firm represented the client.

Why This Case Matters

Where a credit consumer cooperative fails to return funds, the claim may include not only the principal amount of personal savings but also contractual compensation and interest arising from the delay.

In this case, the court separately reviewed the contractual compensation calculation and awarded both the principal and the additional monetary claims, for a total of RUB 546,433.28.

Our role

Konsultant Law Firm represented the interests of the client.

The work included analyzing the agreement, calculating the amount of the debt and building a position on the recovery of the savings.

As a result, the court recovered the money from the cooperative in favor of the client.

Client side

claimant

Defendant

КПК «Совет»

Subject

recovery of personal savings and related monetary claims

Personal savings

RUB 450,100

Contractual compensation

RUB 69,982.21

Interest

RUB 26,451.07

Total awarded

RUB 546,433.28

Court

Sovetsky District Court of Krasnoyarsk

Decision

default judgment

Decision date

March 17, 2022

Result

claim partially granted; RUB 546,433.28 awarded

Lawyer

Viktor Erofeev

Practice Areas

Practices Related to This Case

Nikolay Nemkov

Managing Partner, Konsultant Law Firm

Nikolay Nemkov

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Are funds not being returned under an agreement?

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