In order not to find out one day that you have a loan debt that you did not issue, you should carefully approach the issue of personal data security, as well as regularly check your credit history.
In this article, we will tell you where to turn when you find a loan that you have not issued, how you can be deceived when using payment cards, and also advise what to do if you find yourself in such a situation.
The key step is obtaining a victim recognition order or a police report.
The police will establish the circumstances of the loan, verify the use of personal data, and take steps to identify the parties involved.
You should contact the lender with the received order.
Important: the document must indicate the loan amount, the loan date, and the name of the lender. Based on this document, the lender will suspend debt collection and claims processing on the loan within three calendar days.
If necessary, the lender has the right to request additional information to verify the circumstances.
If the loan has been transferred to debt collectors, notify them of the criminal case and procedural document.
If the creditor or debt collector fails to act, contact the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market (ARRFRM) via e-Otinish to conduct an investigation and take supervisory action.
If you disagree with the actions (or inaction) of police officers, you have the right to contact the management of your local police agency, file a complaint through the e-Otinish portal, or contact the prosecutor's office.
It's important to understand: the mere fact of fraud does not automatically mean the debt is written off.
Write-off is only possible if the following are simultaneously established:
- Fraud;
- Violations on the part of the lender when issuing the loan.
Depending on the situation, either extra-judicial write-off (in the case of obvious violations) or judicial proceedings are applicable.
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EXTRA-JUDICIAL DEBT WRITING |
JUDICIAL DEBT WRITING |
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Possible if both the fraud is confirmed by the police and violations on the part of the lender were committed when issuing the loan. |
Applicable if the fraud is confirmed by the police, but violations on the part of the lender require judicial determination. |
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Such violations include: - failure to provide mandatory biometric data when applying for an online loan; - issuing a loan despite the client's eGov ban on receiving loans; - failure to meet age requirements (under 21 and over 55 without verified consent); - applying for a first unsecured consumer loan online without biometric data or without being present in person (if the established thresholds are exceeded); - violating the "cooling-off period": earlier than 8 hours for bank loans from 150 to 255 MCIs and earlier than 24 hours for amounts over 255 MCIs for bank loans and over 75 MCIs for microloans, and without additional borrower confirmation. Exceptions: - direct payment for goods or services to the seller; - debt repayment at the same bank or microfinance organization; - card transactions within the limit of up to 150 MCIs; - payment of taxes, fines, and outstanding debts under enforcement proceedings. |
Based on the evidence collected by the police, the court establishes the fact of fraudulent loan processing and determines whether the fraudulent actions were made possible by violations by the bank or microfinance organization. Such violations include: - use of the client's personal data by third parties (including through remote access); - violations of the biometric procedure; - failure to comply with requirements for the detection and prevention of fraudulent transactions. In this case, the court establishes the circumstances of the case and makes a decision to write off the loan. |
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The creditor is obligated to: - write off the debt; - return the withheld amounts; - amend the credit history. |
After the court decision comes into force, the creditor is obligated to: - write off the debt; - return the withheld amounts; - amend the credit history. |
CONTACTS AND USEFUL LINKS
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Police |
eGov.kz (https://egov.kz), eOtinish (https://eotinish.kz), or in person at your place of residence (front office: + 7 7172 71 46 93) |
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АРРФР |
Портал e-Otinish.kz/Подать обращение/АРРФР (call-центр: + 7 727 237 10 00) |
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Prosecutor's Office |
e-Otinish.kz/Submit a request/Prosecutor General's Office of the Republic of Kazakhstan (call center: 115 – free within Kazakhstan) |
Submit a report through the eGov portal, e-Otinish, or in person at your local local authority. The report must be registered, after which a pre-trial investigation will begin.
In your report, please include:
the date and amount of the loan, the name of the lender;
the circumstances of the loan;
known contact information of those involved in the fraud;
available materials (screenshots, statements, correspondence, etc.).
From the moment of registration in the Unified Register of Pre-trial Investigations (URDR), a pre-trial investigation will be initiated under Article 190 of the Criminal Code of the Republic of Kazakhstan for fraud.
Immediately record all information – this is necessary for reporting to the police and protecting your rights. Save:
– Call and voice message recordings (if available);
– SMS messages and confirmation codes;
– Calls and correspondence (including instant messaging);
– Creditor notifications;
– Bank statements and recipient details.
Use screenshots and copies without altering the data.
Call or write to the lender. Demand that they:
block your card, account, and access to the app;
register your request with the date and time.
For written requests, request confirmation of their registration.
This is necessary for further communication with the lender and government agencies.