If you find a loan that you did not apply for, it is important to act quickly.

1. NOTIFY THE BANK IMMEDIATELY

Eurasian Bank clients can call around the clock at:

+7 (771) 000-77-22 — Beeline;

+7 (700) 000-77-22 — Tele/Altel;

+7 (702) 010-77-22 — Kcell/activ.

Demand to:

• block your card, account, and access to the app;
• register your application with the date and time.
• In case of a written application, request confirmation of its registration.

This is necessary for further interaction with the lender and government agencies.

2. SAVE ALL THE EVIDENCE.

Immediately record all the information – this is necessary to contact the police and protect your rights. Save:

• recordings of conversations and voice messages (if available);
• SMS and confirmation codes;
• calls and correspondence (including messengers);
• lender’s notifications;
• account statements and details of the recipients;
• use screenshots and copies without changing the data.

3. CONTACT THE POLICE

Submit an application through the eGov portal, e-Otinish, or personally to the territorial authority at your place of residence. The application is subject to mandatory registration, after which a pre-trial investigation begins.

In the application, specify:

• date and amount of the loan, name of the lender;
• circumstances of registration;
• known contacts of persons involved in fraud;
• available materials (screenshots, extracts, correspondence, etc.).

From the moment of registration in the Unified Register of Pre-Trial Investigations, a pre-trial investigation is initiated under Article 190 of the Criminal Code of the RoK on fraud.

4. WHAT DOES CONTACTING THE POLICE GIVE?

The key stage is to obtain a victim recognition order or a police report. The police establish the circumstances of the loan application, verify the facts of the use of personal data and take measures to identify those involved.

With the received order, you must contact the lender.

Important: the document must specify the loan amount, the date of registration and the name of the lender.

Based on the specified document, the lender suspends debt collection and claims and litigation work on the loan not later than 3 calendar days.

If required, the lender has the right to request additional information to verify the circumstances.

If the loan has been transferred to collectors, inform them about the existence of a criminal case and a procedural document.

If the lender or collector fails to act, contact the Agency for Regulation and Development of the Financial Market of the Republic of Kazakhstan (ARDFM) via e-Otinish to perform a check and take supervisory response measures.

In case of disagreement with the actions (inaction) of police officers, you have the right to contact the management of the territorial authority, file a complaint through the e-Otinish portal or contact the prosecutor’s office.

5. IS IT POSSIBLE TO WRITE OFF A FRAUDULENT LOAN?

It is important to understand: the fact of fraud itself does not mean automatic debt cancellation.

Write-off is possible only if the following are identified at the same time:

• the fact of fraud;
• violations on the part of the lender when issuing a loan.

Depending on the situation, either an out-of-court write-off (in cases of clear violations) or a judicial procedure is applied.

OUT-OF-COURT DEBT CANCELLATION

It is possible if at the same time the fact of fraud is confirmed by the police and violations on the part of the lender are committed when issuing the loan.

Such violations include:

• no mandatory biometrics when getting an online loan;
• granting a loan if there is a ban on obtaining loans set by the client in eGov;
• non-compliance with age requirements (under 21 and over 55 years old without confirmed consent);
• registration of the first unsecured consumer loan online without biometrics or without personal presence (if the established thresholds are exceeded);
• violation of 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 micro-loans and without additional confirmation from the borrower

Exceptions:

• paying for goods or services directly to the seller;
• repayment of debt in the same bank or MFI;
• card transactions within the limit of up to 150 MCIs;
• payment of taxes, fines and arrears in enforcement proceedings

The lender is obliged to:

• write off the debt;
• refund the withheld amounts;
• make changes to your credit history

JUDICIAL DEBT CANCELLATION

It is applied if the fact of fraud has been confirmed by the police, but the existence of violations on the part of the lender requires judicial investigation.

The court, based on the evidence base collected by the police, establishes the fact of fraudulent loan processing and finds out whether the actions of fraudsters became possible due to violations of the bank or the MFI.

Such violations include:

• use of the client’s personal data by third parties (including using remote access);
• violations of the biometrics procedure;
• failure to comply with the requirements for detecting and preventing fraudulent transactions.

In this case, the court determines the circumstances of the case and decides whether to write off the loan.

After the court decision comes into force, the lender:

• writes off the debt;
• refunds the withheld amounts;
• makes changes to the credit history

Take care of yourself and your finances!