Tinkoff bank cheated on the contract. "Carefully! Tinkoff bank is a scammer!” and other rumors about a famous organization. Signing an agreement is an irreversible process
- Veröffentlicht auf: Montag, 17. November 2014
- A resident of Voronezh defrauded a bank of 24 million by correcting the “fine print”
The 42-year-old Voronezh resident found an ingenious way to turn this feature to his advantage and now, taking advantage of the bank’s inattention, 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 an offer to use a credit card. To complete it, you had to fill out an application form and send it to the specified address.
The Voronezh resident scanned the form and changed the conditions offered by the bank, in the very small print part. He indicated that interest rate for using a loan and the commission for issuing cash is 0%, and “the client has the right not to pay all commissions and fees provided for in the tariffs.” In addition, instead of the bank address www.tcsbank.ru, the Voronezh resident indicated his website www.tcsbank.at.ua, confirming that “he is familiar with the current General Conditions and Tariffs posted on the Internet.” In other words, he prescribed for himself unlimited and interest-free loan.
Separately, the agreement on its website provided for cases if the bank violated the terms of the document. “The Bank does not have the right to make changes and additions to these General Terms and Conditions unilaterally. In case of change, addition, replacement General conditions unilaterally by the Bank, the Bank pays compensation to the Client in the amount of 3,000,000 (three million) rubles for each subsequent change, addition, replacement of the General Conditions,” the client indicated. Compensation from the bank for unilateral termination of the contract was set at 6 million rubles.
Soon, the legally savvy client received from the bank an approved copy of the application form and a credit card. This meant that the bank agreed to the proposed conditions. Apparently, the bankers signed the document without reading it and without knowing that the client had offered them his terms.
The bank terminated the agreement with the Voronezh resident in April 2010, since, according to TKS, the client began to be late in paying the minimum payment. Two years later, JSC Tinkoff Credit ny systems" went to court to collect standard late payments, commissions and fines from the former client. The Voronezh resident, having paid only the principal amount, filed his claim, demanding 24 million rubles in compensation from the bank for violating the clauses of the loan agreement concluded on his terms.
Now the Voronezh resident has a good chance of winning a claim against the bank. If only because the court had previously recognized the agreement entered into by the parties as legal. According to this decision, the contract drawn up by the client was recognized as legal.
This video was created using the YouTube video editor (http://www.youtube.com/editor) - Source: https://youtu.be/c2byblaqrqM
The news that a client defrauded Tinkoff Bank for 24 million rubles has already spread throughout the Internet. How is this even possible? And where is this resourceful daredevil now: serving time behind barbed wire or counting millions in the Maldives?
Fine print - big profits
By writing something in the contract in small print, organizations make profit at the expense of inattentive people; everyone knows this and is not prohibited by law. Can an ordinary person do the same?
In 2008, Dmitry Agarkov, who lived in Voronezh, received an offer to issue a credit card by mail, and decided to use this trick. As he says now, there was a desire to joke, there was no goal to deceive. Then he tried to justify himself with an article from civil code– Article 421 “Freedom of contract”, according to which any of the parties can change the terms before signing the contract.
Tinkoff Bank, called until 2015 " Tinkoff Credit Systems" (TCS), offered attractive lending conditions, and in fine print stated the loan rate of 12.9% per annum, in addition to accruing 0.1% daily. The client only had to fill out the form attached to the general conditions and send it to the addressee.
A 42-year-old Voronezh resident decided to take advantage of the situation and changed the information about tariffs so that the loan rate and commission for cash withdrawal were equal to 0%. To protect his own finances, he added another clause, which indicated a fine of 6 million rubles, subject to a unilateral violation of the contract.
Upon receiving the documents from Agarkov, the bank, without suspecting a trick, stamped it and sent him a credit card.
Exposure
Agarkov managed to live comfortably and with impunity for 2 years - he took only the minimum that was provided on the card. But I missed the last 2 payments due to business trips.
At the end of 2010, TCS terminated the contract with the client and issued him an invoice with accumulated debt and fines of at least 45 thousand rubles.
The man did not react to the situation in any way; in 2012, TKS filed a lawsuit. The plaintiff failed to prove that the transaction was illegal; the defendant provided everything Required documents and agreed to pay only that part of the amount that he owed under the terms of the signed agreement - 19,000 rubles.
Revenge
Owner of Tinkoff Bank.
After 2 months, the one who deceived the bank decided to bring the matter to an end - he contacted the customer support service of TKS Bank with a claim, in which he pointed out 8 violated points under the agreement and demanded compensation in the amount of 24 million rubles, according to the agreement.
In August 2012, a preliminary hearing was held, during which the Voronezh District Court sided with the plaintiff, changing the amount he demanded to 900,000 rubles.
According to third parties, the Voronezh resident had every chance of winning, but those bank employees who did not check the documents should have been punished. Immediately information appeared about the dishonest work of TKS, since even small banks have verification services.
TKS lawyers, as Tinkov said, promise the resourceful Voronezh resident 4 years for fraud, not 24 million.
We parted ways like gentlemen
After the preliminary hearing, Agarkov complained to journalists that threats had begun against him, and he was ready to leave Russia.
On social networks, Tinkov spoke impartially about the “swindler” who had outwitted everyone. After this, the banker’s followers decreased; the wall of Tinkov’s page was full of pictures with cut bank cards and slogans to change the lender.
Soon, in an interview with the bank’s president, Oliver Hughes, it became clear that the parties separated peacefully, Agarkov withdrew the claim, and TKS issued him debit card.
The curiosity with Agarkov is the first, but not the last precedent. Several cases have been recorded when, inspired by the situation with the Voronezh resident, clients tried to outsmart TKS, but now the security service and customer service managers are always on the alert.
Issuing loans without the personal presence of clients, which Tinkoff Bank specializes in, always carries risk. But Tinkov has proven more than once: those who don’t take risks are not billionaires.
A resident of Voronezh defrauded a bank of 24 million by correcting the “fine print”
The 42-year-old Voronezh resident found an ingenious way to turn this feature to his advantage and now, taking advantage of the bankers’ inattention, he is going to sue them for 24 million rubles.
In 2008, a resident of the regional center received from Tinkoff CJSC Credit systems» a letter inviting you to use a credit card. To complete it, you had to fill out an application form and send it to the specified address.
The Voronezh resident scanned the form and changed the conditions offered by the bank, in the very small print part. He indicated that the interest rate for using a loan and the commission for issuing cash are 0%, and “the client has the right not to pay all commissions and fees provided for in the tariffs.” In addition, instead of the bank address www.tcsbank.ru, the Voronezh resident indicated his website www.tcsbank.at.ua, confirming that “he is familiar with the current General Conditions and Tariffs posted on the Internet.” In other words, he prescribed an unlimited and interest-free loan for himself.
Separately, the agreement on its website provided for cases if the bank violated the terms of the document. “The Bank does not have the right to make changes and additions to these General Terms and Conditions unilaterally. In the event of a change, addition, or replacement of the General Conditions unilaterally by the Bank, the Bank pays compensation to the Client in the amount of 3,000,000 (three million) rubles for each subsequent change, addition, or replacement of the General Conditions,” the client indicated. Compensation from the bank for unilateral termination of the contract was set at 6 million rubles.
Soon, the legally savvy client received from the bank an approved copy of the application form and a credit card. This meant that the bank agreed to the proposed conditions. Apparently, the bankers signed the document without reading it and without knowing that the client had offered them his terms.
The bank terminated the agreement with the Voronezh resident in April 2010, since, according to TKS, the client began to be late in paying the minimum payment. Two years later, Tinkoff Credit Systems CJSC went to court to recover standard arrears, fees and fines from the former client. The Voronezh resident, having paid only the principal amount, filed his claim, demanding 24 million rubles in compensation from the bank for violating the clauses of the loan agreement concluded on his terms.
Now the Voronezh resident has a good chance of winning a claim against the bank. If only because the court had previously recognized the agreement entered into by the parties as legal. According to this decision, the contract drawn up by the client was recognized as legal.
A resident of Voronezh deceived the bank for 24 million by correcting the “fine print.” The 42-year-old Voronezh resident found an ingenious way to turn this feature to his advantage and now, taking advantage of the bankers’ inattention, 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 an offer to use a credit card. To complete it, you had to fill out an application form and send it to the specified address. The Voronezh resident scanned the form and changed the conditions offered by the bank, in the very small print part. He indicated that the interest rate for using a loan and the commission for issuing cash are 0%, and “the client has the right not to pay all commissions and fees provided for in the tariffs.”
The Voronezh resident who outwitted the bank intends to sue it for libel
In addition, instead of the bank address www.tcsbank.ru, the Voronezh resident indicated his website www.tcsbank.at.ua, confirming that “he is familiar with the current General Conditions and Tariffs posted on the Internet.” In other words, he prescribed an unlimited and interest-free loan for himself. Separately, the agreement on its website provided for cases if the bank violated the terms of the document. “The Bank does not have the right to make changes and additions to these General Terms and Conditions unilaterally. In the event of a change, addition, or replacement of the General Conditions unilaterally by the Bank, the Bank pays compensation to the Client in the amount of 3,000,000 (three million) rubles for each subsequent change, addition, or replacement of the General Conditions,” the client indicated. Compensation from the bank for unilateral termination of the contract was set at 6 million rubles. Soon, the legally savvy client received from the bank an approved copy of the application form and a credit card. This meant that the bank agreed to the proposed conditions. Apparently, the bankers signed the document without reading it and without knowing that the client had offered them his terms. The bank terminated the agreement with the Voronezh resident in April 2010, since, according to TKS, the client began to be late in paying the minimum payment. Two years later, Tinkoff Credit Systems CJSC went to court to recover standard arrears, fees and fines from the former client. The Voronezh resident, having paid only the principal amount, filed his claim, demanding 24 million rubles in compensation from the bank for violating the clauses of the loan agreement concluded on his terms. Now the Voronezh resident has a good chance of winning a claim against the bank. If only because the court had previously recognized the agreement entered into by the parties as legal. According to this decision, the contract drawn up by the client was recognized as legal. This video was created using the YouTube video editor (http://www.youtube.com/editor)
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The story with the loan, which has been discussed in recent days, will soon be continued in court. Resident of Voronezh...
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How Tinkov's bank deceives its customers
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A resident of Voronezh, Dmitry Agarkov, stumped the Tinkov Credit Systems bank by changing the terms of the agreement, which were written in fine print, in his favor.
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This story began in 2008, when a Voronezh resident received an offer by mail from Tinkoff Credit Systems CJSC to use a credit card. To complete it, you just had to fill out an application form and then send it by mail to the address indicated on the envelope.
The Voronezh resident scanned the application form from Tinkoff Credit Systems CJSC and changed the terms of the agreement proposed by the bank in the small print.
Youtube Client defrauded Tinkoff Bank for 24 million rubles
He indicated that the interest rate for using the loan and the commission for issuing cash are 0%. It also stated that “the client has the right not to pay all commissions and fees provided for in the tariffs.” In addition, there Alekseev, instead of the bank address www.tcsbank.ru, referred to his website - www. tcsbank.at.ua, confirming that “I am familiar with the current General Conditions and Tariffs posted on the Internet.” Simply put, Alekseev prescribed an unlimited and interest-free loan for himself.
In the event of a change, addition or replacement of the General Conditions unilaterally by the Bank, the Bank pays compensation to the Client in the amount of 3,000,000 (three million) rubles for each subsequent change, addition, replacement of the General Conditions
***
The bankers signed the agreement on the machine and by 2013 it turned out that the bank owed the client $24 million.
— after Tinkoff Bank sued Agarkov for not paying interest on the loan, Agarkov himself has already gone to court. And he sued the bank;
— the news quickly spread across the Internet and many lawyers said that the Voronezh resident might even win the case;
— Oleg Tinkov began writing very unpleasant information on the Internet and publicly threatened Agarkov that he would imprison him for fraud;
— Agarkov said that he was leaving Russia because Tinkov’s people were threatening him;
— The day before yesterday, the media reported that the opponents agreed amicably
The conflict is not constructive, so we decided to end it like a gentleman, by removing mutual claims...
Since Dmitry does not always take credit cards well, we issued him a Tinkoff Black debit card, on which the bank charges 10% per annum on the card balance and pays cash back up to 30% on certain types of purchases.
Oliver Hughes, President of Tinkoff Credit Systems Bank, speaks.
People's opinions were divided: some took the side of the Voronezh resident, some took the side of Oleg Tinkov, and some consider this a PR campaign for the bank.
What was that all about?
But still, what general impression do people have from this story? I have: “there was something connected with Tinkov, the Voronezh man fooled him.” And the association is now “credit systems - Tinkov”, because my ears are sore with this phrase, but, by the way, I don’t want to go there for a loan.
The Tinkoff Credit Systems bank is confident that it will win the case against a Voronezh resident who is demanding 24 million rubles from the financial institution. Entrepreneur Oleg Tinkov, who controls TKS Bank, wrote about this on his Twitter.
“It’s time to stop the “diamond dream” and dreams about 24 million). Nobody will win anything from us, it’s a dream to get rich). So finish it and go to sleep :-),” Tinkov wrote on the evening of August 7 ( the author's spelling and punctuation have been preserved). “God, what kind of country is this? Fraudsters are your heroes,” the businessman complained in another tweet. Tinkov also wrote that, according to the bank’s lawyers, the plaintiff will receive four years in prison for fraud.
Tinkov’s comments relate to the trial, which became known on August 7. Voronezh media call the plaintiff Dmitry Alekseev; from the court materials it follows that D.B. Agarkov may be hiding under this name. (name not specified).
Alekseev sued TKS Bank for violating the terms of the contract. In 2008, a financial institution offered him to take out a loan by sending him an application form (.pdf) by mail. The client scanned the application and changed the terms of the agreement written in small print.
The new agreement indicated that the client would take out a loan at zero rate, and the bank has no right to demand from him the commissions provided for in the tariffs. One of the conditions was also the bank’s obligation to pay the borrower six million rubles in the event of unilateral termination of the contract. In addition, Alekseev stipulated in the contract the obligation of the financial institution to pay three million rubles for each violated condition of the contract. The amended terms of the agreement were published on a separate website tcsbank.at.ua. Alekseev printed out his own version of the application, filled it out and sent it by mail. TKS Bank sent him a credit card after some time.
In 2010, the bank terminated the contract with Alekseev, as it decided that the client was late in payment. Tinkoff Credit Systems went to court with a demand to recover 45 thousand rubles from Alekseev, taking into account commissions. The client, referring to the agreement, agreed to pay only the principal amount of 19 thousand rubles. The court recognized his version of the agreement as legal and recovered only 19 thousand.
In 2012, Alekseev went to court. In his opinion, TKS Bank violated eight terms of the contract when it demanded a commission from him, and now must pay 24 million rubles. The bank believes that the case should be dismissed because the contract was terminated in May 2010 and the three-year statute of limitations expired in May 2013. The plaintiff’s side notes that the bank refers to a standard version of the agreement, while the agreement posted on tcsbank.at.ua was signed. Upon its termination, the financial organization had to pay six million rubles; since there was no payment, it means that the agreement is valid, Alekseev’s lawyers believe, and the bank owes 24 million for violating the terms.
Tinkoff Credit Systems clarifies that the incident involving Alekseev occurred as a result of a technical failure. The bank also clarifies that the amount of the claim is 900 thousand rubles.
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Comments(388):
1 … 4567 8910 … +1
Eh, it could be a good advertisement for Tinkov, here you have luck for the person and the honesty of the bank, which is responsible for its actions, if only the media buzzed louder, otherwise it will be an evil and stupid little man who lost the court
| 3+3−0 | Test efe | 11:41:55 08/08/2013 |
| 0+0−0 | Test efe | 11:39:27 08/08/2013 |
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The numbers can naturally be known reliably only by thoroughly reading the terms of the amended contract. In addition, even an incorruptible court makes decisions based on its convictions, justifying the decision by the norms of the Civil Code. In our country, if the case concerns citizens, and not thieves in law with small companies, Soviet judges can easily and do reduce compensation tens of times, without justifying such a decision with anything other than their Soviet convictions. And often, in my practice (and not a lawyer, I just sued several times) and it’s just arbitrariness, violating the Civil Code. And we need to go to the Supreme Court in order to pin the judicial system against the wall. If at some stage you can’t stand it and give up, they won’t pay you anything. Here we have to go to the end. And this sometimes happens for several years. Well, here, if the pepper is not rich, the game is clearly worth pushing the matter to the Supreme Court. You can sweat for 24 lyams.) |
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The main thing for him is not to drag out the case in the lower courts - in addition to obvious corruption, there is also a lack of public awareness. But the Supreme Court cannot decide not according to the Civil Code, for them it’s a disaster, no matter how much you bring in.)
| 3+4−1 | Mikhail Usatov | 11:31:59 08/08/2013 |
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This is what they sent me from TKS Bank when payment was delayed by 3 days: "The debtor was refused a passport In the department bailiffs in the Isakogorsky district of Arkhangelsk it was initiated enforcement proceedings against citizen Sh. for debt collection loan agreement. This citizen, by court decision, was obliged to pay over 60 thousand rubles in favor of credit organization. The debtor was immediately notified of the initiation of enforcement proceedings against him. As it turned out later, around the same time, the specified citizen applied to territorial department migration service to obtain a foreign passport. The Isakogorsk Department of Bailiffs received a request from the Federal Migration Service of Russia for the Arkhangelsk Region to provide information regarding Sh. on evasion of execution court decisions. Let us remind you that between Federal service bailiffs and the Federal Migration Service signed an agreement on interaction and exchange of information. Now, if a citizen wants to get a foreign passport, he will not be given a document if it turns out that he is a debtor. The debtor went to an appointment with a bailiff to resolve the issue of paying the debt, where he was explained all the consequences of non-payment of the debt, including the issuance of a resolution against him restricting the right to travel outside the Russian Federation. To avoid problems with obtaining a foreign passport, the debtor found an opportunity to pay the debt within an hour. The debt was fully repaid by him." |
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In their headline they accused the person of fraud, although they could have written a neutral one - “Tinkov will try to challenge the contract concluded in good faith in court.” After such a headline, it would become clear to anyone who Mr. Tinkov is.)
It was not the client who came to the bank, but the bank to the client. Be prepared to be fucked in your own way.)
Exactly! It's nice to meet adequate and knowledgeable people!
If I were Tinkov, I would admit my mistake and give him this money live on Channel One.
I would return it in a week :))))
How will you justify this in court? I just can’t imagine how to technically organize this...
If only the bank's Security Council will kick them out.
| 0+0−0 | Alexander Maksimov | 13:39:39 08/08/2013 |
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It will turn out to be much more expensive. A Voronezh resident defrauded a bank of 24 million by quietly correcting the “fine print”The case is resonant and the courts have instructions to side with ordinary physicists. I was struggling with repaying an overdue loan. The bank did not go to court in any way. They cheated through collectors. Then it turned out that the Bank had already lost several similar cases in other regions and were now trying to starve the debtors out. I had to notify as required and pay through another bank. |
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P.S. In general, the Bank wanted about 500 thousand rubles. peny. :))
She is so greedy...
1 … 4567 8910 … +1
The client defrauded Tinkoff Bank for 24 million rubles
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24 million rubles - that’s what the 42-year-old former policeman (now a businessman) demanded Dmitry Agarkov fromVoronezhafrom Tinkoff Bank.
Why? It's simple - the client changed the terms of the contract according to credit card. I wrote my own there - in small print:
1) he does not owe any interest for using the bank's money,
2) there are no fees for cash withdrawals,
3) There is no deadline for the client to return funds,
4) for demanding interest - a fine of three million,
5) for each change in the terms of the contract - three million,
6) for termination - six.
A bank took and signed this agreement. A couple of years later I asked an enterprising client - where are our percentages? He replied - read the agreement more carefully (and the court confirmed its legal force): it states that I do not owe you any interest. Moreover, this "Tinkoff" turned out to have to Agarkov- both for demanding interest, and for changing conditions, and for terminating the contract.
What started here... Just imagine: the bank was punished with its own weapon - they wrote down the conditions in small print, which, happily, no one ever read. Billionaire Oleg Tinkov threatened on Twitter Agarkov prison: they say, we’ll sue you for fraud. And the client continued to repeat his point: he should have read the contract more carefully.
And everyone waited with bated breath to see how the battle for millions of...deceived Russian debtors would end. And here you have the world! Bank and Agarkov They agreed and parted without offense or trial - like a gentleman. Representatives arrived in Voronezh "Tinkoff" and suggested: the bank is not looking for a reason to attract Agarkova To criminal liability, and he stops demanding 24 million. Dmitry’s comment appeared on the bank’s official website (he currently does not give personal comments):
— In 2008, when I drew up my application form and submitted it to the bank instead of the official form, I was just joking... But the joke went too far. Of course, I do not recommend that other people do this.
And the bank clarified: we will better explain the terms of service to clients. Like this. There was no triumph of justice, as the Russians, sitting on the credit needle, had hoped. Lubricated end.
True, from the bank Agarkov will receive a debit card. According to it, he will receive 10% per annum as a depositor. Plus, he will be refunded 30% of the cost of purchases and services in stores and restaurants with which the bank has an agreement. Only the card does not provide any special preferences; any client can apply for one.
So how did it happen that the client changed banking agreement yours? An offer to issue a card has arrived Agarkov by mail, as well as the contract form itself. Dmitry scanned it and replaced some points with his own in a graphic editor. And I also sent it by mail with my signature to the bank. And they didn’t read the fine print...
By the way, many on the Internet are sure that this story was staged from the very beginning. Like, this is such a long-drawn-out PR campaign. That's why Agarkov is silent now. But does the bank need to risk its reputation for such promotion? Doubtful.
OPINION
Jan Art, vice-president of the Association of Regional Banks of Russia: “Banks are accustomed to the fact that an agreement is a formal document that they do not need to look at”
— What they agreed on is their own business,” commented the vice-president of the association of regional banks of Russia, vice-president of the national association of credit brokers and financial consultants Jan Art, commenting on the situation. - And there is nothing to add here. But the story itself is a very useful and interesting precedent in terms of the legal consciousness of Russia. The fact is that since Soviet times, a belief has formed in our mentality - a legal entity (be it a state, an institution, a company) always dictates its terms to an individual (citizen), and individual receives from legal entity instructions and orders.
We're used to it. And I can say that Mr. Agarkov, whom I don’t know, thank God, reminded that an agreement is an agreement, a product of non-resistance of the parties. Banks are accustomed to the fact that an agreement is a formal document that they do not need to look at, and that they cannot set counter conditions. They simply send it and receive a signature, according to which the client subsequently has certain obligations to them. And then the opposite happened. Very positive...
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