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.” In addition, instead of the bank address, the Voronezh resident indicated his website, confirming that “I have read 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 collect standard arrears, 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.
Tinkoff Bank is far from the least popular bank in the country, but lately warning reviews like “Tinkoff Bank is a scammer, be careful!” have increasingly appeared on the Internet. or “Tinkoff is a complete scam!” Are these accusations justified?
"Total divorce"
Oleg Yuryevich Tinkov.
Websites where clients share reviews about banks are full of messages about how, when receiving a credit card, various paid services are automatically activated and insurance is taken out (without the knowledge of the card owner), which then causes a debt to the bank.
However, it is worth remembering that the bank provides all services to the client solely on the basis of the clauses of the contract. Inattentive reading of this document or signing without reading it at all is fraught with similar unpleasant consequences.
"Advertising Tricks"
A good half of dissatisfied customers accuse the bank of hiding the real interest rate on credit cards. Advertising promises only numbers, but in reality the amounts are many times higher. Once again, the reason lies in an inattentive reading of the contract.
Fact! All additional fees and specifics for calculating interest on a credit card are specified in the agreement.
If you have any questions, you can always contact the call center employees for clarification, but this must be done before signing the document. Some clients, not understanding why credit card debts began to arise, later found out that the bank sent an information letter by email about changes in interest rates, but this letter was not read, but was deleted, ignored, etc. As a result, problems arise and claims and outcries appear that Tinkoff Bank is a fraudster.
"They extort money"
In some reviews, indignant people talk about how they receive a call from the bank, inform them about an allegedly overdue debt and demand to repay a debt that the person did not take out. Later it turns out that an agreement was concluded with the bank in his name, on the basis of which a credit card was provided.
People's dissatisfaction is understandable, but in such cases it is important to realize that we are talking about fraud by third parties who issued a loan using someone else's documents. Such matters are within the competence of the police, but not the bank. And among reviews of other banks there are descriptions of similar cases, since, unfortunately, anyone can become a victim of fraudsters.
“They steal money from the card”
When faced with fraudulent activity on their card, customers also most often blame the bank. It should be remembered that Tinkoff is not responsible for transactions made on credit cards if they are lost or stolen, or in cases where fraudsters managed to get hold of the PIN code. Money debited from an account in such situations is stolen by scammers, not by the bank. On the contrary, the Tinkoff security service always makes every effort to sort out such issues and help customers.
Thus, you can find a lot of negative reviews about the work of Tinkoff Bank. But most often they are written by those who do not read the documents they sign or have become victims of real scammers.
At the moment, many people are, as they say, “led” to various banking tricks, including credit cards. Credit cards are a very good, veiled, banking fraud, one might say that this is a trick from the “catal” of the banking business.
What is TKSBank? TKSBank is the bank of an ordinary merchant, a speculator who all his life has been engaged only in highly profitable business, that is, a business that turns 1 ruble into 10 rubles, or at least 2 rubles, in the shortest possible period of time. Tinkov is a person who directly and repeatedly states that he is engaged only in business where there is a large margin, otherwise this business is not interesting. For reference, in Europe, it’s good when a business earns 10-15% per year.
Real % of TKS Bank.
The actual interest is 43.8% of the debt amount per year + insurance interest is 10.68% per year.
The effective interest is 71% per annum (for reference, if you lend money at 71%, then with $68,394.22 you will become a millionaire in 5 years). After all, in the words of (Oliver HZ, Chairman of the Board of TKSBank): " The yield on the credit card portfolio of Tinkoff Credit Systems Bank is about 71% per year".
Read the contract.
Other tricks of TKSBank led by Tinkov.
1. Deception in advertising stunts:
- Tinkov says: “Low base rate.” In fact, the percentage is very high - 0.12% per day = 43.8% per year, and if you do not meet the 55 days of repayment of the loan funds, then the percentage rises to 73%;
- Tinkov says that: “There are no hidden commissions.” In fact, they charge 10.68% per year for insurance (0.89% per month);
2. Fraud in calculating interest. Interest is calculated chaotically. No official papers are provided.
3. They use their remoteness, for example, they repeatedly and brazenly “withdraw money” from the client, but the client does not bring the case to court.
4. The Consumer’s ignorance and low financial literacy are used and it expands the market, where clients pay unreasonably high interest rates for Tinkov’s ambitions to earn a billion.
TKSBank is a bank of lawbreakers. What exactly does the Bank violate?
1. Law on banking activities (one copy of the agreement without indicating the tariff and interest - a enslaving (forced) agreement with the intermediary TKS LLC, without explaining the service and effective interest);
2. Law on the Protection of Consumer Rights (sells the client a tariff “selected” for him);
3. Law on personal data. These are the letters that were received regarding violations of this law by a company controlled by TKSBank and Tinkov, Galab Research LLC.
If you, dear readers, have become a defrauded client of TKSBank or receive threats from “black” collectors, please contact:
1. Rospotrebnadzor, tel.: 8-800-100-0004;
2. Bank of Russia, tel.: 8-495-950-09-40;
3. Prosecutor's office, at the place of residence.
Reviews about the bank.
February 8, 2012, Olga Igorevna. (link)
Now I will write my opinion regarding this Bank and its employees. It may be harsh, but excuse me, there is no escape from the truth. So read and think about whether it’s worth taking out loans there at all. About 1.5 years ago I had the “great happiness” of getting a credit card from this Bank. I haven’t been able to close it for a year now. At first the limit was minimal, standard, which gradually increased to 55 thousand rubles. Who asked them to increase it, one wonders. I pay the minimum payment every month, but the amount does not decrease in any way. And I’ve also never put more than the minimum payment on the card, but the amount of debt is only growing and the interest is growing by leaps and bounds. Moreover, they don’t want to reduce the limit. What's the problem? How to increase, they were so happy, without my consent, and unilaterally. The question is – shouldn’t you have asked me?? In many banks, the loan limit can be increased by the client himself by submitting an application for an increase. This same Bank does it at its own discretion, I don’t think whether the client needs it and how the client will continue to repay this loan. In a word, the Bank is driving the client into a hole of debt, from which, believe me, it is very difficult to get out. But the Bank doesn’t care about this, it’s beneficial for them that the client cannot pay the loan, in order to charge all kinds of fines and interest. The question is – are you underpaid or something? Why are you making people's lives worse? You don’t make concessions, you only apply moral pressure. Is this the normal position of the Bank? Most of all, I like the position of the employees of this Bank, when you tell them that now there is no financial opportunity to put money on the card (but it’s really not, that no one has had such situations? When you have 100 rubles in your pocket?), so they immediately they bombard your phone with SMS messages (I counted about 12 times during the day), where should I GET money and WHOM FROM - borrow it, they write from relatives, friends, acquaintances (and you, dear ones, don’t understand that they can also have loans? Or do you think that around I’m the only millionaires?), or even more interesting, they once wrote to me - you can sell what you don’t need (Maybe sell your property? Why not?)... And about “borrow from someone” it just infuriates me and I just want to say - Let me borrow it from you, maybe? I think that the Bank’s employees behave incorrectly towards clients, no one asks for your advice or your opinion on where to get money... Now many banks are making concessions and postponing payments or offering more favorable conditions to the client to close the debt... Bank Tinkoff doesn’t want to do this at all and won’t, no matter how many times she asks, no one comes to the meeting. ..And I also like the SMS from Tinkoff - You can pledge the gold and pay the loan.. Sorry, can I take the gold from you too?? What kind of absurdity is that??? No Bank has ever given me such a madhouse!! Dear employees of this Bank, stop doing absurd things and giving advice left and right where the client can get money to repay the loan! Is it time to learn how to put yourself in the position of your clients, or is everything human alien to you, you cannot communicate normally and offer alternative options?? Why are you sitting in the Bank then?? To spoil people's nerves?? I also appeal to the head of this Bank - Maybe it’s worth thinking about it and coming up with some alternative conditions for repaying the loan for your clients, rather than tightening the noose around the client’s neck? After all, there are many options for resolving this issue: postponing the deadline at the request of the client without charging a fine or interest, reducing interest, the possibility of partial repayment, the same monthly amount, reducing the limit upon receipt of funds... and much more. I don’t understand why you don’t meet your clients... This is just my opinion... And there are millions of people... and everyone has their own opinion... but with conditions like yours at the Bank, the amount of negativity will only grow and you will lose clients...I think it's worth thinking about this issue...
And then believe such “guys” as O. Tinkov?
Good luck! Do not deposit money in TKSBank, and especially do not use its “credit cards”.
(No. 151 in, fortune - $0.7 billion), on Wednesday announced the settlement of a conflict with Voronezh resident Dmitry Agarkov, who demanded 24 million rubles from the bank for violating the terms of the loan agreement, according to the bank’s website.
The parties decided to end the conflict “in a gentlemanly manner,” by removing mutual claims, the message cites a statement by Oliver Hughes, president of Tinkoff Credit Systems Bank. The bank's press service also published the words of Dmitry Agarkov, who said that his change in the content of the text of the loan application form was “just a joke.” “Of course, I do not recommend that other people do this. Before receiving a loan, you need to think many times and study the bank’s conditions, but if you have already agreed, then you should fulfill the conditions,” said the Voronezh resident.
For his part, Hughes added that the credit institution is working to improve financial literacy. However, he noted that clients must be responsible borrowers. Hughes added that the bank issued a debit card for Agarkov, on which the bank charges 10% per annum on the card balance and pays cash back up to 30% on certain types of purchases.
In this situation, the winner is the one who has used the loan for several years, says Interfax-CEA General Director Mikhail Matovnikov. In his opinion, the trial was not beneficial to either party: Agarkov would hardly have been able to sue for $1 million, but he would have gotten himself into trouble—at the very least, other banks would have become wary 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, Forbes’ interlocutor noted. 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 fight should be waged in a purely legal field, he believes.
The client’s behavior in this situation can be regarded as an abuse of law, says Andrey Zuev, head of the legal department of Nordea Bank. The bank has a normal legal position to challenge the claims, so it is not clear why it would make a concession in this situation, he said.
The conflict between a resident of Voronezh and the bank Oleg Tinkov became known last week. As Voronezh media wrote, Agarkov (initially in reports he appeared under the name “Dmitry Alekseev”) filed a lawsuit against the bank, demanding to pay it 24 million rubles for violating the loan agreement. The Voronezh resident concluded the agreement in 2008 by filling out an application form dropped into his mailbox. At the same time, Agarkov changed the text of the agreement, printed in small print. According to the conditions he put forward, the bank provided him with an unlimited and interest-free loan; for a unilateral change in the terms of the contract, it undertook to pay compensation of 3 million rubles, and in case of termination of the contract - 6 million rubles. The bank did not notice the substitution, approved the agreement and issued Agarkov a credit card.
The amended agreement became known after TKS terminated the agreement with the Voronezh resident in 2010 due to late loan repayments and sued him, demanding payment of a debt in the amount of more than 45,000 rubles. Agarkov presented in court an agreement with the bank, which was recognized as legal. The Voronezh resident filed a counterclaim against the bank, demanding compensation in the amount of 24 million rubles.
Oleg Tinkov last week made threats against the borrower; on Twitter he received “not 24 million, but real 4 years for fraud” ( spelling preserved). The next day, Agarkov, in an interview with the online publication slon.ru, said that because of the banker’s threats he decided to emigrate. Last Monday, lawyers for a 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 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. More details under the video.
Video
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.”
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 collect standard arrears, 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.
