Major auto dealers accuse Kharkov Megabank, PJSC in the forgery of documents and forceful seizure of property. As UNIAN news Agency reports with reference to the ATN, the official dealer of cars “Тоyota” and “Lexus” unexpectedly learned that they are debtors of “Megabank”, and all their property, showrooms, service stations, automobiles – is under arrest.
The owner of dealers, “Тоyota” and “Lexus” Oleg Topchiy argues that at the Bank they did not take loans for anyone and their property are not given. According to him, all contacts with this institution was limited to opening these outlets, with branches of the Bank for cashless payments with customers.
“No one disputes the thesis that if you the Bank took the money, then you need to give. But it does not apply to our companies that the Bank did not take the money, and did not sign the guarantee and surety for the return of other companies money to this Bank. We believe that we are talking about an elementary forgery and forcible occupation of properties, which is unacceptable when we are talking not just about the Bank as the Bank with foreign investments”, – said Topchiy.
He said that these brands of cars is in Kharkov, a large group of companies: LLC AVTOART, OOO “AVTOART LTD”, OOO “ART-LEX”, LTD “ART-LEX LTD”, “ARTCITY”, “ARTCITY LTD”, OOO “ADAMANT AUTO” and FOP “RENTABEL”. The second group of dealer companies, including OOO “TECH CENTER”, OOO “TECH-CENTER”, LLC “MISTRAL AUTO”, PE “AJAX-AUTO”, LLC “TECHNO-ART”, OOO “M-PROFILE” and “COMPANY “ART INVEST”, is in Kharkiv for the brand “Nissan” and “Mitsubishi”, “Peugeot” and, indeed, has a long credit history with “Megabank”.
“In 2013, on the proposal of the Bank received a loan of 10.8 million dollars for repayment of the loan in “Zlatobank” ($10.3 million) and increase working capital for our firms to the tune of about half a million dollars, – said the Director of the management company the second group of dealers Andrew Jano. Long time interest was paid in the period. However, the dealers fell into the trap of exchange rate fluctuations – credit issued at the rate of 8 hryvnia per dollar, and in 2014 it rose to 28-30 hryvnia per dollar. We were no exception”.Thus, according to a top Manager, for loan payments were not ended: just 4 years of the loan dealers Bank returned more than $ 4 million just in interest. And were ready to further cooperate with the Bank, if in June 2018 unexpectedly found out about his lawsuits.
As security measure “Megabank” has demanded the arrest of all the property dealers – like those who it really should, and those who had obligations to the Bank. Using falsified Bank guarantee contract, which is signed by the Deputy Chairman of PJSC “MEGABANK” Elena Ponomarenko, starting from 11 June, the Bank shall apply to the Economic court of Kharkov region with a series of identical claims to the first and the second groups of companies.
On the same day, MEGABANK, PJSC submits to the Economic court of Kharkiv region statement on the claim and on the same day, 18 July, judge Natalia Kalinichenko makes a decision on the claim on which the arrest imposed on the funds which belong to the above companies and are on all accounts across all banking institutions; all movable and immovable property, which belongs to the aforementioned companies with the transfer of documents and keys to a subordinate, OOO MEGABANK security Agency – “O-MEGA”.
Meanwhile, the Kharkiv economic court of appeal of 13 July revoked the decision of the Economic court of Kharkiv region 18.06.2018, denying PJSC “MEGABANK” in satisfaction of the statement of claim in this case. However, on July 18 PJSC “MEGABANK” has again appealed to the Economic court of Kharkov region with the statement for the claim, despite the court of Appeal decision, almost word for word repeating the first legal action considered by the judge Kalinichenko (which is categorically unacceptable in judicial practice).
2 days after the judge Sergey Prokhorov decides (without alerting groups of companies) about satisfaction of the statement of PJSC “MEGABANK” and the imposition of up to the amount of 179,2 million seizure of all funds and all movable and immovable property of the first and second groups of companies. Already on 23 and 24 July 2018 representatives of PJSC “MEGABANK” together with the private by Dmitry Babenko, with the support of private security companies, OOO “O-MEGA”, accompanied by armored vehicles, attempts were made to capture buildings auto PE “RENTABEL”, which does not have any financial relationship with the Bank.
“Given the above facts, concluded topchy, – note that both groups of dealers are faced with an unprecedented raider attack PJSC “MEGABANK” which, in gross violation of the norms of current legislation of Ukraine, the criminal misuse of law enforcement and corrupt judges, depriving jobs of about 500 people, captures all the property and assets of 14 companies, depriving citizens of Kharkov the quality of service and the purchase of new cars across 8 dealerships”.