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» » » » » Dak Lak: Bank levy unconventional difference?


2005, 2006, the Company and Commercial Construction Ltd Tan Phat (Tan Phat Company) by Pham Hoai Nam Director signed 12 contracts each time credit with the Foreign Trade Bank, branch loan Dak Lak additional working capital of coffee exports.
However, Mr Nam said that the banks deliberately "set-off" unprincipled owed to the Company he ...


Bank "clearing" unprincipled debt?

Tan Phat time (address 41 Ly Thuong Kiet Street, Hanoi. Buon Ma Thuot, Dak Lak), difficulty, no loans were transferred to Tan Phat Company debt, Vietcombank - Dak Lak Branch has sell 17 billion debt to the company purchasing debts and assets of the enterprise outstanding purchase contracts worth 15.258 billion, the amount remaining difference of 1.7 billion (rounding). Banks continue to agree to sign a credit contract for Tan Phat Company borrowed a loan of 4 billion (collateral is at No. 41, Ly Thuong Kiet Street, Buon Ma Thuot, Dak Lak). After disbursement for Tan Phat Company 4 billion loan, the bank has cut 1.7 billion to compensate for differences in trading amount owed in Economic Contracts No. 04/2006 / HĐKT-MBN days 22/11/2006 ...

Dak Lak: Bank levy unconventional difference?

Union Bank Head of Foreign Trade to work at Tan Phat Company (photo provided by the company)

Specifically, when Tan Phat Company 4 billion loan agreement, the bank has "bite it" the amount of 1.9 billion (including debt interest) without any notice to Tan Phat. According to Nam, the clearing is illegal, contrary to the provisions of Chapter 2, Article 8 d, Decision No 140/1999 / QD-NHNN14 regulation dated 04/19/1999 Issued debt purchase and sale of credit institutions. The provisions of this regulation provides for debt trading is no fee Bank of debtors in any shape or form. In the minutes of the working day 09.06.2006, the Company has agreed to transfer the land and housing assets in No.7 Phan Chu Trinh, Hanoi. Buon Me Thuot for company debt trading and assets of the business. The records indicate, the entire value of the collateral, guarantees also continued to ensure the bank loan balance.

When discovered the company was clearing this debt, Tan Phat Company to work with Vietcombank branches in Dak Lak to the proposal to clarify the amount improperly collected Bank, while requiring the bank to return to the Public Tan Phat company 1.9 billion since 2006. It is worth mentioning here, though Vietcombank Dak Lak said the clearing amount on is not right with the provisions in Decision No. 140/1999 / QD-NHNN14 but was intentionally "ignoring" of the business proposal.

According to Nam, although the company he had certain debts with the bank but on the contrary, for the amount of 1.9 billion that the bank had set-off the Company's outstanding bank also means banks company customers owed him the money. It was so, when the THA was required for bank loans, he has requested Dak Lak Department THADS consider fresh evidence about the amount of 1.9 billion owed that Vietcombank Dak Lak Co. his company. However, Dak Lak Department THADS still contracted authorized asset auction with bid JSC Vietnam - Dak Lak Branch. This practice has caused serious damage to the rights and legitimate interests of Tan Phat Company in general and in particular his family.

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