A Monobank client denies a credit debt of 140,606 hryvnias and refuses to make payments. What was the court's decision?

Monobank has charged a woman with a debt totaling 140,606 hryvnias. However, she does not acknowledge the loan and refuses to make any payments. This information is stated in the decision of the Leninsky District Court of Dnipro, published on March 28, 2024.

On February 18, 2020, the woman entered into a loan agreement with Monobank by signing an application form, under the terms of which she received a loan of 60,000 hryvnias in the form of a set credit limit on her current account, the special payment tool being a payment card. However, she breached the terms of the agreement regarding timely repayment of payments, and as of November 2, 2023, a debt of 140,606 hryvnias had accrued under the contract, which consists of: the total outstanding debt for the provided loan (principal amount) of 140,606 hryvnias.

The woman filed a response to the lawsuit. In support of her objections, she referred to the circumstance that the bank did not provide evidence of her entering into the loan agreement, the conditions agreed upon by both parties, particularly the interest rate and the receipt of loan funds within the terms of the loan agreement and the amount of such funds. Furthermore, the bank's references to the application of the "Terms and Conditions of Service at JSC 'Universal Bank' for banking services related to monobank Universal Bank products," included in the lawsuit, are based on assumptions, as her signatures are not found in the mentioned "Terms and Conditions," meaning no proper and admissible evidence of the agreement has been provided.

What did the court decide?

The court partially granted Monobank's claim. The woman is to repay the debt to the joint-stock company "Universal Bank" under the contract dated February 18, 2020, as of November 2, 2023, in the total amount of 60,000 hryvnias. The court dismissed the remaining claims regarding the recovery of the loan principal amounting to 80,606 hryvnias.

"The defendant did not provide evidence of fulfilling her contractual obligations regarding the return of the actually received loan funds. Similarly, in contesting the debt calculation, the defendant's side did not provide its own calculation. Thus, applying the legal conclusions of the Grand Chamber of the Supreme Court expressed in the ruling of July 3, 2019, in case No. 342/180/17, the court concludes that the defendant is obliged to return to the plaintiff the amount of loan funds actually received. Therefore, within the limits of the claimed demands for the recovery of the loan principal, the court grants the claims only in part regarding the recovery from the defendant in favor of JSC 'Universal Bank' under the contract dated February 18, 2020, only for the debt on the funds actually received as a loan in the amount of 60,000 hryvnias, and denies the remaining claims due to the reasons stated above," - emphasized the court.