Sergey Kapkov since 2010, and his children Ivan and Sofia since 2015 were clients of the "M2M private bank", which specialized in servicing wealthy citizens. But in December 2016, the Central Bank withdrew the license from the bank. In February 2017, M2M was declared insolvent.
Nevertheless, on January 24 Kapkov and his children signed with one of the beneficiaries of the bank - Andrei Vdovin (together with Alexei Maslovsky and Peter Hambro through VMHY Holdings controlled 67%) contracts of concession to him the right to claim M2M for 19.5 million rubles. on bank accounts. These data are in the materials of the Khamovnichesky District Court of Moscow, where the Kapkovs family filed suits against Vdovin in September for more than 20.4 million rubles. on recovery of debt and interest. After all, the defendant did not pay for the rights of claim received in a month's time, as was due to cession contracts.
The court refused Kapkov: they also did not fulfill their obligations - they did not notify M2M about the deal with Vdovin within five days and did not give him all the documents. In addition, they received insurance for their deposits - 1.4 million rubles. But Kapkovs did not give this money to Vdovin, as the Civil Code says, the district court said.
But the Moscow City Court ruled in favor of the Kapkovs. The appellate instance took into account that in October 2017 they notified the DIA as the bankruptcy manager of M2M about the assignment of claims to the bank, no more payments were received, and the amount of claims to Vdovin was adjusted for insurance compensation (less than 19 million rubles, taking into account the accrued interest) .
According to the plaintiffs' explanations, Vdovin is the final beneficiary of the "M2M bank's privy", and the contracts of assignment of claims were concluded "in connection with the existence of personal relations" between him and Sergey Kapkov, the decision says. And "as there is no other reasonable explanation for the conclusion of cession contracts after the withdrawal of the bank's license", the "consent of the debtor to a concession" was not required, contracts are deemed to be concluded, and "the terms agreed upon in them are enforceable," the court concluded.
Kapkov did not comment on the contents of the court decision. He only told Vedomosti that he did not know Vdovin: "I have never even seen him in my life."
This is recognized by Vdovin. "I personally do not know Kapkov," Vdovin said in reply to Vedomosti's request. "The agreement arose at the request of Millhouse," Vdovin explains. "I promised to redeem it, but I could not."
Millhouse spokesman John Mann declined to comment. This company manages the investments of Roman Abramovich. Kapkov in 1999 and 2000 years. directed the election campaigns of a businessman in the elections of the State Duma and then the governor of the Chukotka Autonomous Okrug, later became his assistant and deputy.
Vdovin also had business with Abramovich. VMHY Holdings, according to Forbes, owned 49% of the shares of the Azbuka Vkusa network. But in 2014, one of the four partners, Kirill Yakubovsky, sold his stake in VMHY for $ 125 million. Vdovin, Maslovskiy and Hambro under the deal took a loan from Invest AG Alexander Abramov and Millhouse Abramovich on bail of 25% of the shares of ABC of Taste, and then they had to add 7.5% in pledge. In 2016 the group could not pay off its creditors, as a result Abramovich and Abramov received 34% of the "ABC of Taste".
Vdovin debtor Kapkovs does not recognize himself and is going to sue further.
At the suit of the Kapkovs, the Moscow Arbitration Court last week resumed proceedings on the bankruptcy of Vdovin, which was launched in October 2017 and suspended in December. Vdovin estimates the claims of all creditors at about $ 70 million: "The majority arose as a guarantee for VMHY's debt in 2016," he said in response to a request from Vedomosti. - At the same time, creditors placed funds in VMHY much earlier, starting in 2010. The guarantees arose as a confirmation of my personal responsibility that VMHY will settle with creditors. There were also debts to Baikalbank and ATB (Vdovin and his partners also controlled it. - Vedomosti) - the loans received from banks from my account went directly to VMHY. "
"I do not have the means to settle with creditors," Vdovin asserts. He says that he invested all his money in VMHY to pay off the debts of the group. " The court in Cyprus is considering the restructuring of VMHY. It provides for the transfer of the company to creditors, so that those due to the sale of assets will repay their debts.