Did the Voronezh get 24 million from Tinkoff. A man cheated on tinkoff bank
- Veröffentlicht auf: Montag, 17. November 2014
- A resident of Voronezh deceived the bank for 24 million, correcting the "fine print"
The 42-year-old Voronezhets found an ingenious way to turn this feature to his advantage and now, taking advantage of the bankers' carelessness, is going to sue them for 24 million rubles.
In 2008, a resident of the regional center received a letter from Tinkoff Credit Systems CJSC with a proposal to use a credit card. To register it, it was necessary to fill out an application form and send it to the specified address.
The Voronezh resident scanned the form and changed the terms proposed by the bank in the same part with the small print. He pointed out that the interest rate for using the loan and the commission for issuing cash is 0%, and "the client has the right not to pay all commissions and fees stipulated by the tariffs." In addition, instead of the bank's address www.tcsbank.ru, the Voronezh resident indicated his site www.tcsbank.at.ua, confirming that “I have read the current General Terms and Conditions and Tariffs posted on the Internet”. In other words, he has prescribed an unlimited and interest-free loan for himself.
Separately, the agreement on its website provided for cases if the bank violates the terms of the document. “The Bank does not have the right to unilaterally amend and supplement these General Conditions. In the event of a change, addition, replacement of the General Terms and Conditions unilaterally by the Bank, the Bank pays compensation to the Client in the amount of 3,000,000 (three million) rubles, for each next change, addition, replacement of the General Terms and Conditions, ”the client indicated. Compensation from the bank for unilateral termination of the agreement was set at 6 million rubles.
Soon, a legally savvy client received an approved copy of the application form and a credit card from the bank. This meant that the bank agreed to the proposed terms. Apparently, the bankers signed the document without reading it, never knowing that the client had offered them his terms.
The bank terminated the contract with Voronezh in April 2010, because, according to TKS, the client began to delay the payment of the minimum payment. Two years later, Tinkoff Credit Systems went to court to recover standard delays, commissions and fines from the former client. Voronezhets, having paid only the principal amount, filed his claim, demanding from the bank 24 million rubles compensation for violation of the points of the loan agreement concluded on its terms.
Now the resident of Voronezh has a good chance of winning a lawsuit against the bank. If only because earlier the court recognized the contract, which was concluded by the parties, as legal. According to this decision, the contract drawn up by the client was recognized as legal.
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(No. 151 v, state - $ 0.7 billion), on Wednesday announced the settlement of the conflict with a resident of Voronezh, Dmitry Agarkov, who demanded 24 million rubles from the bank for violating the terms of the loan agreement, the bank's website reported.
The parties decided to end the conflict "in a gentleman's way", by removing mutual claims, the statement of the president of the bank "Tinkoff Credit Systems" Oliver Hughes is quoted in the message. The bank's press service also published the words of Dmitry Agarkov, who said that changing the content of the text of the loan application form was "just a joke". "Of course, I do not recommend other people to act in this way. Before obtaining a loan, you need to think and study the bank's conditions many times, but if you have already agreed, then you should follow the conditions," Voronezh said.
For his part, Hughes added that the lending institution is working to improve financial literacy. At the same time, he noted that clients should be responsible borrowers. Hughes added that the bank issued a debit card for Agarkov, according to which the bank charges 10% per annum on the balance on the card and pays cash back up to 30% for certain types of purchases.
In this situation, the winner is the one who has been using the loan for several years, says Mikhail Matovnikov, General Director of Interfax-CEA. In his opinion, the trial was not beneficial to any of the parties: Agarkov could hardly have sued $ 1 million, but he would have amassed problems - at least other banks would be afraid of him. If you look at this issue from the point of view of truth, it becomes obvious that the fight against unfair bank practices is not a fight between liars and deceivers, the Forbes source said. If the victory over the bank was won by a person who acted in the same way as the bank itself, this would not be the right way out - the struggle should be conducted in a purely legal field, he believes.
The client's behavior in this situation can be regarded as an abuse of the right, says Andrey Zuev, head of the legal department at Nordea Bank. The bank has a normal legal position to challenge claims, so it is not clear why in this situation to make a concession, he said.
The conflict between a resident of Voronezh and Oleg Tinkov's bank became known last week. As the Voronezh media wrote, Agarkov (initially in the reports he appeared under the name "Dmitry Alekseev") filed a lawsuit against the bank, demanding to pay him 24 million rubles for violation of the loan agreement. The Voronezh concluded the contract in 2008 by filling out an application form thrown into his mailbox. At the same time, Agarkov changed the text of the agreement, printed in small print. According to the conditions put forward by him, the bank provided him with an unlimited and interest-free loan, for a unilateral change in the terms of the agreement, it pledged to pay compensation of 3 million rubles, and in case of termination of the agreement - 6 million rubles. The bank did not notice the substitution, the agreement was approved and Agarkov was given a credit card.
The amended agreement became known after in 2010 TKS terminated the agreement with a Voronezh citizen due to a delay in repayment of the loan and filed a lawsuit against him, demanding payment of a debt in the amount of more than 45,000 rubles. Agarkov provided the court with an agreement with the bank, which was recognized as legal. Voronezhets filed a response claim against the bank, demanding compensation in the amount of 24 million rubles.
Oleg Tinkov last week made threats against the borrower, he tweeted "not 24 million, but real 4 years for fraud" ( spelling saved)... The next day, Agarkov, in an interview with the online edition slon.ru, that because of the banker's threats, he decided to emigrate. Last Monday, the lawyers of the Voronezh resident filed a lawsuit for the protection of honor and dignity against Oleg Tinkov.
A resident of Voronezh deceived the bank for 24 million, correcting the "fine print"
The 42-year-old Voronezhets found an ingenious way to turn this feature to his advantage and now, taking advantage of the bankers' carelessness, he is going to sue them for 24 million rubles.
In 2008, a resident of the regional center received a letter from Tinkoff Credit Systems CJSC with a proposal to use a credit card. To register it, it was necessary to fill out an application form and send it to the specified address.
The Voronezh resident scanned the form and changed the terms proposed by the bank in the same part with the small print. He pointed out that the interest rate for using the loan and the commission for issuing cash is 0%, and "the client has the right not to pay all commissions and fees stipulated by the tariffs." In addition, instead of the bank's address www.tcsbank.ru, the Voronezh resident indicated his site www.tcsbank.at.ua, confirming that “I have read the current General Terms and Conditions and Tariffs posted on the Internet”. In other words, he has prescribed an unlimited and interest-free loan for himself.
Separately, the agreement on its website provided for cases if the bank violates the terms of the document. “The Bank does not have the right to unilaterally amend and supplement these General Conditions. In the event of a change, addition, replacement of the General Terms and Conditions unilaterally by the Bank, the Bank pays compensation to the Client in the amount of 3,000,000 (three million) rubles, for each next change, addition, replacement of the General Terms and Conditions, ”the client indicated. Compensation from the bank for unilateral termination of the agreement was set at 6 million rubles.
Soon, a legally savvy client received an approved copy of the application form and a credit card from the bank. This meant that the bank agreed to the proposed terms. Apparently, the bankers signed the document without reading it, never knowing that the client had offered them his terms.
The bank terminated the contract with Voronezh in April 2010, because, according to TKS, the client began to delay the payment of the minimum payment. Two years later, Tinkoff Credit Systems went to court to recover standard delays, commissions and fines from the former client. Voronezhets, having paid only the principal amount, filed his claim, demanding from the bank 24 million rubles compensation for violation of the points of the loan agreement concluded on its terms.
Now the resident of Voronezh has a good chance of winning a lawsuit against the bank. If only because earlier the court recognized the contract, which was concluded by the parties, as legal. According to this decision, the contract drawn up by the client was recognized as legal.
A loan today is an opportunity to quickly solve your financial capabilities. But at the same time, many people do not think about the fact that loan obligations entail the necessary monthly payments, which often some cannot carry out on an ongoing basis. Although not many, there are still borrowers who took out loans and, not paying them for many reasons, overgrown with debt obligations. Therefore, we will analyze information about the legality of such actions and what to do in such cases using the example of Tinkoff Bank.
What is dangerous and what will happen if you do not pay
When drawing up a loan agreement, you, as a borrower, must clearly understand each of its clauses. Often, on its pages, all actions of a banking institution in case of delay in payments of its client are clearly described. So what is the lending finance company doing against defaulters?
Consider what will happen if you do not pay the loan to Tinkoff. The bank's policy on the issue of credit debtors is quite tough, and it can be divided into two main areas of work:
- Working with such clients directly from bank employees. During this period, when debt appears, the process of increasing the amount of debt takes place due to the accrual of interest and penalties for each day of delay. In addition, the borrower will be harassed by phone calls from call center operators with a reminder of non-payment of the loan and the need to pay off all debts. A number of other tools may be involved, for example, the use of internal collectors that make calls and can send written notices of debt obligations not only to the borrower, but also to his place of work in order to undermine the level of a person's credibility. After a certain time has elapsed, the data about the defaulter is transferred to specialized collection agencies, which also work with the defaulter.
- Trial. After all attempts and with numerous informing the client about the accumulated amount of debt in case of non-payment, the financial organization makes a decision to transfer the documents to the courts to consider the issue of forced debt repayment.
If you do not pay the loan to Tinkoff Bank, and the debt on it increases to more than 250 thousand rubles, then a criminal case may be opened against the borrower. But it will be quite difficult to prove the malicious non-payment. And if the case goes to court, then very serious sanctions may be imposed on the borrower, up to the ban on leaving for another country and deprivation of the collateral.
First steps in the presence of debt to a credit institution
As soon as there are debts, it is necessary to take action and take measures that will help stop or slow down the growth of debt. Here are some ways on how not to pay a Tinkoff loan legally.
First of all, contact the credit institution directly. Explain the situation you have and ask for an extension or softer contract terms. Many banking organizations make concessions to the client, since the competition in the financial market is quite tough and every client counts. You will receive 100% approval for a loan deferral if your financial difficulties are temporary. At Tinkoff Bank, you will be required to provide documentary evidence of your insolvency for this period, and you need to prepare for this.
In addition, the reputation of the borrower is also taken into account by financial institutions. If before that you made payments on the loan on time, and your credit history does not have black spots, then you also increase your chances of a positive decision on your request.
What concessions can they offer you:
- short-term deferral of payments (from a week to two);
- long-term deferral of payment on invoices without charging interest or penalties (up to several months);
- reduction of amounts for payment.
Do not forget that by agreeing to the last point, the duration of the agreement with the lender will automatically increase, since the amount is distributed over a longer period, due to which the monthly amount of loan payments decreases.
Many Internet pages are full of messages like “I don’t pay the loan to Tinkoff by filing bankruptcy and proving my insolvency in court”. But do not blindly believe such statements. Even if the borrower proves his insolvency in court, this does not in any way exempt him from paying debts. The court will simply find other ways to pay off the debt to the financial structure. For example, often such an appeal to the court ends with the sale of the existing property or forced deductions of funds from the borrower's wages. Therefore, not in all situations this process is beneficial and will lead to the desired result.
This approach can be used by those who do not have an official job or property that can be taken away by bailiffs. But here, too, everything depends on the prevailing circumstances.
The above ways how not to pay to Tinkoff Bank is a legal solution to the issue that has arisen. But it is worth noting that not every client of this financial organization, who is overdue and comes with a request for a delay, will be met halfway. Therefore, experts recommend that in the event of force majeure circumstances immediately contact the bank branch and solve the problem. This increases the chances.
Do not forget that Tinkoff is a bank that has established itself in the financial market and is firmly on its feet. He provides a variety of products to his clients, both in terms of deposit and lending. But in the event of debts on a loan, this organization solves the problem by force and constant pressure, little compromises with the defaulter. Therefore, you should take a loan product with one hundred percent confidence in your solvency, and if certain difficulties arise, do not delay and contact bank employees with requests for help, relax requirements due to temporary financial difficulties.
In the papers that my wife and I received together with the All Airlines card (I don't seem to confuse the name of the card - not at hand), it is clearly and clearly written that interest on money taken from a credit card is charged only on the remaining debt. That is, if you took one hundred rubles and returned 50 rubles before the end of the interest-free period (up to 50 days, it seems), then interest should be charged only on the remaining 50 rubles that you did not repay on time. Everything seems to be clear and simple. But this is not at all true!
We delayed a small part of the money spent from the card (we just forgot to pay the last part of the spent amount for a couple of days). So the bank counted us the interest FROM THE ENTIRE AMOUNT, and not at all from the uncovered balance. And most of all we liked the nonsense that sounded from the operators on the phone, about the fact that: "the bank keeps in mind (what is the wording ?!) the entire loan amount until it is all repaid." The explanatory text was absolutely amazing. We were insolently not answered the question: "from what amount the interest was charged." And do not care about the written "percentage ONLY on the balance."
Disgusting !!!
And it is so disgusting to read all these enthusiastic and openly sugary reviews here, remembering the extortionate interest rates and similar "game" rules by which Tinkoff deals with his clients. We took their card not in order to use their credit, but to pay for purchases through the Internet and so on, and then immediately throw money. But one day we forgot to report a piece on time (and it’s a small one at all), so they grabbed (I repeat) interest from the entire amount!
Special thanks to our state and law enforcement agencies, in the presence of which it is so easy to bend down citizens without being embarrassed or afraid!
And now on my card (the same) problem - it is not clear how 73 euros were withdrawn for renting a car in Italy. And the entire vaunted security system Tinkoff did not help protect against this. I have a funeral, and the money disappeared from the card. And I noticed this only after a few days, looking at the expenses in my personal account. The card was blocked after my request. And they said that they would sort it out for up to 20 days !!! I practically do not hope for a refund - nothing before that indicates that something is real in Tinkoff for people and in their interests. And the example with the wife's card is the best confirmation of this.
Now about the good (funny, but it is also there) - the tariff of the All Airlines card includes an insurance policy for a year for trips abroad. It's comfortable. But, thank God, we are not faced with a situation where we would need this policy. I would not have been surprised anymore that this would have resulted in not the most pleasant situation for us. But, not a fact. Perhaps, in this part, Tinkoff would be at his best. And it's also convenient that the bank keeps track of car fines and other utility bills.