THE NAME OF THE LENDER CAN SPEAK VOLUMES

The courts of two instances refused to satisfy the application, based on the fact that the assignment of rights (claims) under the consumer loan agreement could only be carried out to a person who meets the requirements of the law, but the creditor is not one of such persons. The above led to the court's conclusion about the nullity of the assignment agreement concluded by the creditor's legal successor and the applicant.

The cassation, referring the dispute for reconsideration, pointed out that the courts did not take into account that the creditor is a specialized financial company, which follows from its name in the Law on the Securities Market and the articles of Association, as well as the management of the creditor by an organization included by the Bank of Russia in the register of management companies of specialized companies.

Photo: Freepik