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A PrivatBank client deposited 65,218 hryvnias into her account and is demanding to close her loan. Here’s the court’s decision on the matter.

Клиентка ПриватБанка внесла 65 218 гривен на счет и требует закрыть кредит. Какое решение принял суд?

A woman made a payment of 65,218 hryvnias to settle her debt under a credit agreement. She demands that PrivatBank close the credit account. This is stated in the ruling of the Pechersk District Court of Kyiv, published on February 17, 2025.

By the decision of the Dniprovsky District Court of Cherkasy dated March 21, 2023, case No. 711/8444/20, the claim of JSC CB "PrivatBank" for debt recovery was satisfied, and the woman was ordered to pay JSC CB "PrivatBank" the debt under the banking services agreement No. b/n dated September 29, 2018, which amounted to 207,789 hryvnias as of October 20, 2020. By the ruling of the Cherkasy Appellate Court dated May 31, 2023, case No. 711/8440/20, her appeal was partially granted, and the decision of the Dniprovsky District Court of Cherkasy dated March 21, 2023, was amended regarding the determination of the amount of the credit debt to be recovered from her in favor of JSC CB "PrivatBank," indicating that the debt under the banking services agreement No. b/n dated September 29, 2018, should be recovered from the citizen in favor of JSC CB "PrivatBank," which as of October 20, 2016, was stated in another part of the court's decision, which remained unchanged.

From December 7, 2020 (after the claim was filed by JSC CB "PrivatBank" in case No. 711/8444/20, with the court address date of December 7, 2020) to May 22, 2024, the woman made a payment of 65,218 hryvnias to settle her debt, as confirmed by the statement from her card/account and additional statements from the agreement dated August 15, 2019, for the period from October 21, 2020, to May 22, 2024, along with payment receipts. Thus, she voluntarily complied with the ruling of the Cherkasy Appellate Court dated May 31, 2023, case No. 711/8444/20, and therefore, the borrower's obligations under the specified agreement No. b/n dated September 29, 2018, are considered fulfilled properly. However, as of June 28, 2024 (after full compliance with the court's decision), JSC CB "PrivatBank" continues to account for a debt of 182,514 hryvnias on her card account and additional accounts related to the agreement No. b/n dated September 29, 2018. She believes that since she has fully fulfilled her obligations under the agreement No. b/n dated September 29, 2018, there are no grounds to consider the obligation unfulfilled, and therefore, according to the law, the obligation under such an agreement should be recognized as terminated, which became the basis for her appeal to the court with the stated claim.

What was the court's decision?

The court denied the woman's claim. She did not provide evidence that she had fully settled the debt under the credit agreement No. b/n dated September 29, 2018, amounting to 65,218 hryvnias.

"The plaintiff provided the court with evidence of payment of the debt under the credit agreement No. b/n dated September 29, 2018, in the amount of 60,164 hryvnias and court fees of 978 hryvnias; however, the total debt amount according to the ruling of the Cherkasy Appellate Court dated May 31, 2023, case No. 711/8440/20, is 65,218 hryvnias and court fees of 978 hryvnias. Therefore, considering this, the plaintiff did not provide the court with evidence that she had fully settled the debt under the credit agreement No. b/n dated September 29, 2018, in the amount of 65,218 hryvnias. The plaintiff did not provide the court with proper, admissible, reliable, and sufficient evidence to substantiate the claims made. Under these circumstances, the court finds it necessary to deny the claim due to insufficient evidence of the claims," the court emphasized.