Within the scope of a previous dispute, the bank had collected the amount of the primary debt, interest and late charges under the respective loan agreement. Thereafter, the bank had filed a new claim seeking the recovery from the client of interest and late charges for new periods in an amount of over RUB 850 mln on the basis of the same agreement. In the new case, the bank was referring to the demand sent to the client within the scope of the dispute that had already been considered by the courts.
Ost Legal attorneys managed to convince the courts that in filing its new claim, the opponent had been obliged to send the respondent its new demand. Insofar as this hadn’t been done, the bank’s claim was dismissed by the court of first instance without prejudice in connection with its failure to observe the compulsory prelitigation dispute-resolution procedure. The courts of the appellate and cassation instances agreed with this approach and rejected the bank’s claim.
The interests of the client in the case were represented by Ost Legal partners Vadim Tsvetkov and Ivan Suzdalev.