What to do if a fraud loan is in your name?

REMINDER

"WHAT TO DO IF A FRAUD LOAN IS IN YOUR NAME"

1	NOTIFY THE BANK OR MFI (CREDITOR) IMMEDIATELY

Call or write to the creditor. Demand:

block the card, account and access to the app;
Register your request with date and time.

Upon written request, you need to request confirmation of its registration.

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

2	SAVE ALL EVIDENCE

Immediately record all information—this is necessary for reporting to the police and protecting your rights. Save:

– recordings of conversations and voice messages (if available);

– SMS and confirmation codes;

– calls and correspondence (including instant messengers);

– notification to the creditor;

– account statements and recipient details.

Use screenshots and copies without changing the data.

3	Contact the police

Submit your application through the eGov portal, e-Otinish, or in person at your local local authority. Your application must be registered, after which a pre-trial investigation will begin.

In your application, please indicate:

date and amount of the loan, name of the lender;
circumstances of registration;
known contacts of persons involved in the 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 Republic of Kazakhstan on the fact of fraud.

4	WHAT DOES FILMING THE POLICE GIVE YOU?

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

You must contact the creditor with the received resolution.

Important: the document must indicate the loan amount, the date of issue and the name of the lender.

Based on the specified document, the creditor suspends debt collection and claims and litigation work on the loan no later than 3 calendar days .

If necessary, the creditor has the right to request additional information to verify the circumstances.

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

If the creditor or collector fails to act, contact the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market (ARFMR) 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.

5	IS IT POSSIBLE TO WRITE OFF A FRAUDULENT LOAN?

It is important to understand that the mere fact of fraud does not mean that the debt will be automatically written off .

Write-off is possible only if the following are installed simultaneously :

- fact of fraud;

- violations on the part of the lender when issuing a loan.

Depending on the situation, either extrajudicial write-off (in case of obvious violations) or judicial procedure is applied.

Extra-judicial debt write-off	JUDICIAL DEBT WRITING-OFF
It is possible if the fact of fraud is confirmed by the police and violations were committed by the lender when issuing the loan.	Applies if the fact of fraud is confirmed by the police, but the presence of violations on the part of the creditor requires establishment in court.
Such violations include: – absence of mandatory biometrics when receiving an online loan; – issuing a loan in the presence of a ban on receiving loans established by the client in eGov; – failure to comply with age requirements (under 21 years and over 55 years without confirmed consent); – registration of the first unsecured consumer loan online without biometrics or without personal presence (if established thresholds are exceeded); – violation of the “cooling-off period”: earlier than 8 hours for bank loans from 150 to 255 MCI and earlier than 24 hours for amounts over 255 MCI for bank loans and over 75 MCI for microloans and without additional confirmation from the borrower Exceptions: - payment for goods or services directly to the seller; - repayment of debt in the same bank or microfinance organization; - card transactions within the limit of up to 150 MCI; - payment of taxes, fines and 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.
The creditor is obliged to: - write off the debt; - return the withheld amounts; - make changes to your credit history.	After the court decision has entered into force in force the creditor is obliged to: - write off the debt; - return the withheld amounts; - make changes to your credit history.

CONTACTS AND USEFUL LINKS

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)
ARRFR	Portal e-Otinish.kz/Submit an appeal/ARRFR (call center: + 7 727 237 10 00 )
Prosecutor's Office	e-Otinish.kz/Submit an appeal/Prosecutor General's Office of the Republic of Kazakhstan (call center: 115 – free call within Kazakhstan)

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