APPEALS DETERMINATION

Orlovsky District Court of the Oryol Region, consisting of:

presiding judge Shekshuyeva O.N.,

under the secretary Gorelova N.S.,

with the participation of the representative of the plaintiff Naumenko T.N., the representative of the defendant Galitskova S.N.,

having considered in an appeal procedure in open court in the premises of the Orlovsky District Court of the Oryol Region a civil case based on the appeal of the defendant CJSC Russian Standard Bank against the decision of the justice of the peace of court district No. 1 of the Orlovsky District of the Oryol Region dated DD.MM.YYYY Senkin to Russian Standard Bank CJSC on the protection of consumer rights, which decided:

“Senkin's claims are partially satisfied.

To invalidate clause 1.1 of the Tariff Plan TP 83/2 on establishing a fee for issuing and servicing the main card in the amount of 3,000 rubles and clause 8.1.2 of the Tariff Plan TP 83/2 on establishing a fee for cash withdrawal Money at the expense of a loan in the amount of 2.9%. but not less than 100 rubles.

To recover from CJSC Russian Standard Bank in favor of Senkin the amount of fees for issuing cash and fees for issuing and servicing the main card, withheld under loan agreement No. from DD.MM.YYYY in the amount of 5836 rubles. 20 kopecks, compensation moral damage in the amount of 1500 rubles. 00 kop., a fine for non-satisfaction on a voluntary basis requirements in the amount of 2918 RUB. 10 kopecks, total 10254 rubles. 30 kopecks, and refuse the rest of the claim.

To recover from CJSC Russian Standard Bank in favor of the municipality of the city of Orel MRIFNS of Russia for the city of Orel a state duty in the amount of 550 rubles. 16 kopecks.

INST A N O V&L:

Senkin K.V. appealed to the justice of the peace of court district No. 1 of the Orlovsky district of the Oryol region with a statement to ZAO Russian Standard Bank on consumer protection.

In support of the stated requirements, the plaintiff indicated that DD.MM.YYYY between him and Russian Standard Bank CJSC was concluded an agreement No. on the provision and maintenance credit card. In accordance with the terms of the agreement, a credit card was issued and an opportunity was given to receive a loan with a limit established by the agreement. This credit card is serviced according to Tariff plan TP 83/2. In April 2013, he received invoices under the specified agreement, from the contents of which he became aware that he was charged a fee for issuing and servicing the main card and commissions for cash withdrawals, the accrual and deduction of which he considers illegal and unreasonable. Considers the conditions of the Tariff Plan TP 83/2, establishing these fees and commissions, to be null and void.

At the hearing, the representative of the plaintiff, acting by proxy, Galitskova C.GN, supported the stated requirements.

The Magistrate made the above decision.

In the appeal, Russian Standard Bank CJSC asks to cancel the decision of the justice of the peace in the contested part and issue a new one with the refusal of the claim, considering the decision illegal, unfounded, since the rules of substantive law were violated when it was made:

The court of first instance violated the substantive law, which, in accordance with Art. constitute grounds for annulment of the contested decision.

The court did not apply the applicable rule, Art. , incorrectly established the actual circumstances of the case, incorrectly determined the subject matter of the mixed contract concluded between the parties, which led to the adoption of an unjust decision.

The agreement between the parties on the provision and maintenance of card No. has a mixed legal nature and contains both elements loan agreement(Chapter 42 of the Civil Code of the Russian Federation), and elements of a bank account agreement (Chapter 45 of the Civil Code of the Russian Federation), within the framework of said agreement a bank card was issued in the name of the plaintiff, a bank account was opened used under the card agreement, including for depositing funds and recording transactions using the card, for carrying out transactions on the card account, the amount of which exceeds the balance of funds on the card account, a limit was set and crediting of the card account was carried out in accordance with Art. . At the same time, for making transactions on the account, in accordance with Art.Article. , Law of the Russian Federation No. 395-1 of December 2, 1990 “On banks and banking", Art. , the Bank has the right to charge a fee, if it is agreed in the agreement with the Client. According to Art. , in cases stipulated by the bank account agreement, the client pays for the bank's services for performing transactions with funds in the account. According to Article 5 of the Federal Law of December 2, 1990 No. 395-1 “On banks and banking activities” cash service physical and legal entities is a banking transaction.

A bank card is a nominal payment and settlement document in the form of an infected plastic card issued by the Bank, on the basis of which the client gets the opportunity to remotely manage his account, namely, to pay for services, works, purchased goods in a non-cash manner, and, if necessary, receive cash from the account through an ATM.

Cash withdrawal from the Client's account within the framework of the concluded card agreement is a mandatory service of the Bank. Under the concluded agreement, the client himself determines how to exercise his rights under the transaction: place his own funds, use a loan provided by the Bank, receive cash from the account or pay for purchases using a card, instruct the Bank to transfer funds to non-cash (transfer), etc.

The court in the appealed decision concludes that the terms of the card agreement are illegal, that the Client is charged a fee for issuing and servicing the card, because, in the opinion of the court of first instance, this commission is not provided for by law; however, this commission is provided for by law, the service provided by virtue of Art. may be reimbursable;

The court of first instance unreasonably satisfied the plaintiff's claims for compensation for moral damage, since there is not a single piece of evidence in the case file that testifies both to the plaintiff's suffering any moral suffering, which the court unreasonably indicates in its decision, and to the presence of guilty actions on the part of Jar;

The court applied a rule that is not subject to application, namely, paragraph 6 of Art. The Law of the Russian Federation "On Protection of Consumer Rights", according to which, if the consumer's requirements established by law are not satisfied, the court shall recover from the manufacturer (executor) for non-compliance with the consumer's requirements on a voluntary basis, a fine in the amount of 50% of the amount, awarded by the court in favor of the consumer, while the court in the contested decision did not give grounds and did not indicate the evidence that served as the basis for the recovery of the fine, in the materials of the civil case there are no appeals Senkina K.The. to the Bank in a pre-trial order with similar requirements, which are the subject of consideration of this case.

At the hearing of the Court of Appeal the representative of the defendant Naumenko T.M. the arguments of the appeal supported in full.

In objections to the appeal, the representative of the plaintiff, acting by proxy, Galitskova S.N., asks the decision of the justice of the peace to be left unchanged, and the appeal is dismissed, since all the arguments of the appeal were assessed by the justice of the peace in the decision.

After checking the case file, having studied the arguments of the complaint, the court of appeal finds that the decision of the justice of the peace is subject to cancellation on the following grounds.

The production of bank cards is a complex technological process that requires special equipment and materials. Service bank card includes providing correspondent communications with other banks and organizations, technical support maintaining the card in working condition during its validity period, as well as providing additional opportunities to its holder.

The client independently and voluntarily chooses one of the bank's products. In this case, the plaintiff received an application on 05.12.2012 for the issuance of the American ExpressCard. As part of the card agreement, at the time of its receipt and activation, the tariff plan TP 83/2 was in effect, which provides for the collection of a fee for issuing and servicing the main card - 3,000 rubles.

Thus, the collection by the bank of a fee for a certain banking service it provides complies with the requirements of the law, the provisions of the card agreement and does not violate the interests and rights of the consumer.

Since the right of the Bank by virtue of law is, by agreement with the client, to establish remuneration for the commission banking operations, the list of which is established by the Bank itself, and this remuneration is not limited by law, the court of appeal comes to the conclusion that the collection of fees for issuing and servicing the card is an independent paid banking service, the terms of which were agreed upon by the parties to the agreement when it was concluded.

Considering that the current legislation does not prohibit banks from providing individuals such a service as servicing an account using a bank card, the plaintiff agreed to receive a loan with the opening of a card account, familiarized himself with the bank's tariffs for opening and servicing a bank card, agreed with them, assumed the obligation to pay these fees, the court believes that The magistrate judge had no legal grounds to satisfy the plaintiff's claims to invalidate the terms of the contract for the collection of fees for the issuance and maintenance of the card and the application of the consequences of the invalidity of these insignificant conditions in the form of collecting the amount for the transfer of funds.

Also at the hearing set, that within the framework of the concluded card agreement with Senkina K.The. DD.MM.YYYY a fee for cash withdrawal in the amount of 2175 rubles was withheld, DD.MM.YYYY a fee for cash withdrawal in the amount of 661.20 rubles was withheld, and a total of 2836 rubles. 20 kop.

Justice of the peace, based on a systematic analysis of the norms of Art. , Art. , federal law“On Banks and Banking Activities”, Regulations “On the Rules for Maintaining accounting in credit institutions located in the territory Russian Federation”, came to the conclusion that the charging of a commission for the issuance of cash is the provision of an additional service when purchasing the main service, which contradicts paragraph 2 of Article of the Law of the Russian Federation “On Protection of Consumer Rights”, by virtue of which it is forbidden to condition the purchase of certain goods (works, services) with mandatory acquisition of other goods (works, services).

The above conclusions of the justice of the peace are based on a misinterpretation of substantive law.

DECIDED:

Satisfy the appeal of the defendant CJSC Bank Russian Standard.

The decision of the justice of the peace of the court district No. 1 of the Orlovsky district of the Oryol region dated DD.MM.YYYY in a civil case on the claim of Senkin against Russian Standard Bank CJSC on the protection of consumer rights is canceled and a new decision is made.

In satisfaction claims Senkin to Russian Standard Bank CJSC on the protection of consumer rights to refuse.

The ruling of the court of appeal shall enter into force from the date of its adoption. Presiding Judge Oh.GN Shekshueva

Court:

Orlovsky District Court (Oryol Region)

Plaintiffs:

Senkin K.V.

Respondents:

ZAO "Bank Russian Standard"

Judges of the case:

Shekshueva O.N. (judge)

Litigation on:

For loans, for loan agreements, banks, bank agreement

Arbitrage practice on the application of Art. 819, 820, 821, 822, 823 of the Civil Code of the Russian Federation

19.10.2015 15:46:53

Good afternoon

First of all, let me apologize for any inconvenience.
We are very sorry that this situation served as the reason for contacting the Bank.

Let me point out that the Bank does not unilaterally raise the rate. The interest rate changes only if you accept the Offer to replace the Tariff plan sent by the Bank to your address. You may not accept the offer of the Bank and the interest rate will not be increased.
The Bank proposes to raise the interest rate on the loan due to a significant increase in the key rate of the Central Bank of the Russian Federation.

As you know, since the beginning of 2014 the key rate Central Bank Russian Federation has grown significantly (from 5.5% to 11%, i.e. by 5.5 percentage points (as of 10/19/15)). Russian Standard Bank JSC has made every effort to maintain the same lending conditions for its customers for as long as possible, despite a significant change in the key rate of the Central Bank of the Russian Federation. However, due to the fact that the key rate continues to remain at high level, The Bank is forced to adjust the conditions for loan products.
As the macroeconomic situation stabilizes, Russian Standard Bank plans to improve the conditions for granting loans.

You can refuse the Offer of the Bank without making transactions under the Agreement and paying the card debt from the date of the beginning of the Offer until December 31, 2015 only by depositing cash through the cash desk at the Bank's branches and replenishing the account by postal order through the Russian Post Office. You can also refuse the Offer of the Bank by paying off the existing debt on the Card and terminating the agreement with the Bank.

Sincerely,
JSC Russian Standard Bank

Tariff Plan TP 7-n The Tariff Plan is Appendix No. 1 to the APPLICATION FOR THE PROVISION OF A CONSUMER CREDIT No. ____________________ ____________ (date) ARTICLE / NAME OF THE TARIFF Account Currency TARIFF RATE Russian Federation Rubles issue of the Card in connection with the expiration of the previously issued Card: 1.1. Basic card1 RUB 3,000 1.2. Additional card (including NFC bank card)2 RUB 1,500 2. Account maintenance fee RUB 1003 there is no own funds balance on the Account, then the Account maintenance fee is not charged) 3. The fee for issuing/reissuing the personal identification number for the Card (PIN) to the Customer is not charged 4. The fee for Card Blocking/Unblocking the Card at the request of the Customer is not charged 5. Payment for payment for goods (property / works / services / results of intellectual activity) using the Card (its details) is not charged. 6. The fee for reissuing the Card in case of loss (loss / theft / seizure): 6.1. The main card is not charged 6.2. No additional card is charged 7. Fee for the design of the front side of the Card with an Individual design at the initial issue of the Card4: 7.1. The main card is not charged 7.2. No additional card is applied 8. Fee for the design of the front side of the Card with the design chosen by the Client from the Card Design Gallery during the initial issue of the Card4: 8.1. The main card is not charged 8.2. No additional card is charged any grounds) 4: 9.1. The main card is not charged 9.2. Additional card is not charged 10. Cash service: 10.1. Cash withdrawal fee5: 10.1.1. at ATMs and cash points of the Bank 3.9% (minimum 200 rubles) 10.1.2. at ATMs and cash points of other credit institutions 3.9% (minimum 200 rubles) 11. Fee for sending the Account Statement to hard copy at the address of 50 rubles of the actual residence of the Client6 12. The amount of interest accrued on the balance of funds on the Account is not accrued per annum 13. Penalty Is determined in the amount equal to the total amount payable in the relevant Billing period, but unpaid fees and commissions (but not more than 1000 rubles for the relevant Settlement Period)7 14. Fee for crediting to the Account of funds received by the Bank as a result of transfer of electronic funds, or return of the balance (its part) of electronic funds, or transfer of funds without opening a bank account from the accounts of legal entities - electronic money operators/money transfer operators specified in section 3 of the Tariffs8 14.1. up to 2 (two) Transactions for crediting funds to the Account (inclusive) reflected on the Account within one business day free of charge 14.2. 3 (third) and all subsequent Transactions for crediting funds to the Account reflected on the Account within one business day 5% on behalf of the Client by the Bank and signed by the Client using the System remote service 9:15.1. to accounts opened with other credit institutions in the Russian Federation (except for transfers specified in clause 15.4. of this Tariff Plan) 3.9% (minimum 200 rubles) 15.2. to accounts opened with the Bank 3.9% (minimum 200 rubles) 15.3. to the budgets of all levels and state non-budgetary funds in payment of taxes, fees and other obligatory payments is not charged 15.4. in favor of legal entities: 15.4.1. the Tariffs specified in section 4 are not charged 15.4.2. specified in section 5 of the Tariffs, in order to increase the balance of electronic money by 3.9% (minimum 200 rubles) 15.5. in order to increase the balance of electronic money accounted for by the Bank 3.9% (minimum 200 rubles) 15.6. for the purpose of making a PayPal Transfer (in accordance with the Additional Terms and Conditions for Making PayPal Transfers) 3.9% 16. The fee for transferring funds from the Account by the Bank is not charged on the basis of the Electronic Orders confirmed by entering the PIN, generated and sent to the Bank using the Bank's ATMs , except for the transfers specified in Articles 18 and 19 of this Tariff Plan 17. Fee for the transfer of funds from the Account, carried out by the Bank on the basis of the Client's written applications executed in the Bank's divisions10: 17.1. to accounts opened with other credit institutions in the Russian Federation 3.9% (minimum 200 rubles) 17.2. to accounts opened with the Bank 3.9% (minimum 200 rubles)11 17.3. to the budgets of all levels and state non-budgetary funds for the payment of taxes, fees and other obligatory payments are not charged Russian Federation, within the framework of the international system MasterCard Worldwide/ Visa International/ American Express/ Diners Club International on the basis of Electronic Orders generated (drawn up and executed) by the Client or on behalf of the Client by the Bank and signed by the Client using the Remote Service System, and/or on the basis of confirmed by entering the PIN of the Electronic Orders generated and sent to the Bank using the Bank's ATMs, and/or on the basis of electronic documents generated and transferred to the Bank using the Bank's website www.rs-express.ru on the Internet12: 18.1. by the number of a payment (bank) card issued by a credit institution 3.9% (minimum 200 rubles) (not by the Bank) within the international system MasterCard Worldwide/Visa International 18.2. by the number of the payment (bank) card issued by the Bank within the international system MasterCard Worldwide/ Visa International/ American Express/ Diners Club International 3.9% (minimum 200 rubles) ) by number payment card issued by a foreign issuer outside the Russian Federation, within the framework of the MasterCard Worldwide/Visa International international system, on the basis of Electronic Orders generated (drawn up and executed) by the Client or on behalf of the Client by the Bank, and signed by the Client using the Remote Service System, and/or on on the basis of Electronic orders confirmed by PIN entry, generated and sent to the Bank using the Bank's ATMs, and/or on the basis of electronic documents generated and sent 2% (minimum 50 rubles) to the Bank using the Bank's website www.rs-express.ru in the network Internet12 20. Fee for participation in the Program of Russian Standard Bank JSC for arranging insurance of Clients, monthly13 0.8% 21. Commission for participation in the Program of Russian Standard Bank JSC for arranging financial risk insurance "Insurance against involuntary job loss", 150 rubles monthly14 22. Commission for participation in the Program of Russian Standard Bank JSC for organizing financial risk insurance "Insurance against involuntary job loss" 300 rubles (extended), monthly 14 23. Commission for participation in the Program of Russian Standard Bank JSC for organizations 100 rubles of financial risk insurance "Protection against fraud", monthly 14 24. Commission for participation in the Program of Russian Standard Bank JSC for the organization of 100 rubles of financial risk insurance "Insurance of personal belongings", monthly 14 25. Commission for participation in the JSC Program "Russian Standard Bank" for the organization of 100 rubles of accident insurance, monthly 14 26. Payment for the provision of the SMS service, monthly: 26.1. Service Activation fee is not charged 26.2. No monthly fee is charged for providing information about Transactions made with the use of the Card 26.3. no fee is charged for providing other information 27. Grace period crediting up to 55 days15 I, the undersigned, confirm that I have read, understand and fully agree with the content of the Tariff Plan TP 7-n. Client_____________________________________________ ________________ "___" _______20__ Surname, name, patronymic (in full) (signature) 1 Accrued and payable for each year of service of the Primary Card. It is charged and payable for the first time in the year of service of the Main Card, in which the first Transaction was recorded on the Account using the Main Card, including for all previous years of service of the Main Card (if any). For the year of servicing the Card, in which the first Transaction was recorded on the Account using the Primary Card, as well as for all previous years of servicing the Primary Card (if any), is accrued and payable on the first day calendar month following the month in which the first Transaction was recorded on the Account using the Main Card. For each subsequent year of service of the Main Card is accrued and payable on the date corresponding to the first day of the calendar month following the month in which the Account was opened. The year of service of the Main Card is considered equal to one year, and the years of service of the Main Card begin from the date of opening the Account. 2 for each additional card. Accrued and payable for each year of service of the Supplementary Card. It is charged and payable for the first time in the year of service of the Supplementary Card, in which the first Transaction was recorded on the Account using the Supplementary Card, including for all previous years of service of the Supplementary Card (if any). For the year of servicing the Supplementary Card, in which the first Transaction was recorded on the Account using the Supplementary Card, as well as for all previous years of servicing the Supplementary Card (if any), is accrued and payable on the first day of the calendar month following the month in which the first Transaction with the use of the Supplementary Card was reflected on the Account. For each subsequent year of service of the Supplementary Card, it is accrued and payable on the date corresponding to the first day of the calendar month following the month corresponding to the month in which the validity of the Supplementary Card began. The year of service of the Supplementary Card is considered to be equal to one year, and the countdown of the years of service of the Supplementary Card starts from the first day of the month in which the validity of the Supplementary Card began. The issue of an NFC-bank card is provided only within the framework of the international MasterCard Worldwide system. 3 The fee is charged in the absence of a valid Agreement consumer credit on a monthly basis on the date of the end of the Settlement Period at the expense of the Client's own funds, provided that more than 2 (two) years have passed from the date of reflection on the Account of the last Transaction (except for Transactions on debiting the Account maintenance fee by the Bank) until the date of collection of such fee. If, after the Account maintenance fee has been charged, any Transaction is reflected on the Account (with the exception of Operations for debiting the Account maintenance fee by the Bank), then the Account maintenance fee will be charged until the circumstances specified in the first sentence of this footnote occur. 4 If the Card is an NFC bank card, then the Bank does not provide the Client with the opportunity to design the front side of such a Card with a design chosen by the Client from the relevant Card Design Gallery and/or Individual Design. 5 Calculated from the amount of the outlay Transaction for the withdrawal of cash and is payable on the date of reflection on the Account of such an Transaction. Cash withdrawal is provided in the amount not exceeding 500,000 rubles of the Russian Federation within one calendar month. 6 Accrued and payable on the first day of the Settlement Period following the Settlement Period, as a result of which an Invoice Statement was generated, to be sent to the Client in hard copy at the address of actual residence. The fee is accrued and payable in respect of each Invoice Statement to be sent to the Client in accordance with the Terms on paper at the address of actual residence. 7 Payable on the first day of the Settlement Period following the relevant Settlement Period in which the fees and commissions in respect of which the penalty is due were due. 8 Calculated from the amount of each Operation for crediting funds to the Account and is payable on the date of reflection on the Account of such Operation. The amount of the fee includes VAT 18%. 9 Calculated from the amount of the transfer and payable on the date when the relevant Transaction is reflected on the Account. The fee is not accrued and is not payable in respect of Operations performed on the basis of Electronic Orders, generated (drawn up and executed) by the Client or on behalf of the Client by the Bank and signed by the Client using the Remote Service System, Operations: credit organisation"Rapida" (125190, Moscow, Usievicha st., 20, building 2, c/c 30103810200000000290 in Branch 1 of the Main Department of the Central Bank of the Russian Federation for the Central Federal District of Moscow, BIK 044583290, TIN 7744000775, PSRN 1037700111679 OKPO 56658214); transfer of funds in favor of CB PLATINA LLC (123610, Moscow, Krasnopresnenskaya nab., 12, account 47423810400002000170 with CB PLATINA LLC, account 30101810400000000931 in Branch 2 of the Central Bank of the Russian Federation Federation for the Central Federal District of Moscow, BIK 044585931, TIN 7705012216, OGRN 1027739881091, OKPO 17529288). 10 Calculated from the amount of the transfer and payable on the date when the corresponding Transaction is reflected on the Account. 11 This rate does not apply to the transfer of funds at the request of the Client, contained in the Application, to pay for the cost of services under the contract for the provision of the “Subscription” service, concluded between the Client and Russian Standard Credit Bureau LLC. 12 Calculated from the amount of the transfer and payable on the date when the corresponding Transaction is reflected on the Account. 13 From the amount of the loan provided by the Bank to the Client under the Consumer Loan Agreement (if any), as of the date of the beginning of the Settlement Period. The Commission shall be accrued and payable on the start date of the Settlement Period in which the Client participates in the said program and in which the Bank organizes the Client's insurance. The amount of the commission includes VAT 18%. 14 The Commission is accrued and payable on the start date of the Billing period in which the Client participates in the relevant program and in which the Bank organizes the Client's insurance. The amount of the commission includes VAT 18%. 15 The grace period of lending shall terminate after 55 (fifty-five) calendar days from the date of the beginning of the Settlement period, in which the Bank provided the Client with a loan in accordance with the Consumer Loan Agreement (if any) to reflect the corresponding debit Transactions on the Account, namely on the date following the end date of the grace period for lending, specified in the Invoice Statement issued based on the results of the relevant Settlement Period. Grace period of lending is applied to a loan provided by the Bank to the Client under the Consumer Loan Agreement (if any) to reflect all debit Transactions on the Account, except for debit Cash Out Transactions.

Hello! I want to complain about the illegal actions of Russian Standard Bank.
On March 27, 2009, I concluded an agreement No. 108165660 under the tariff plan TP 236/1 with a bank for issuing a credit card. I recently received a notification from the mail about a registered letter with a simple notice addressed to me from Russian Standard Bank. On May 13, 2015, I received this letter, which is noted in the notice that is sent to the bank.

The text of the letter said that Russian Standard Bank was very sad about the situation with raising the key rate by the Central Bank, and that, under my current loan agreement, I was forced to change the interest rate upwards. The bank offers me to accept the terms of the new tariff plan on which I will be served. The condition for accepting the new service rules is only any operation on the card, except for its replenishment, starting from the period 04/27/2015 to 12/31/2015.

Since I received a letter with an alleged offer to choose other credit terms only on May 13, 2015, I could not know in any way that any operation on the card, except for replenishment, would be automatically accepted by the bank as my consent to change the initial terms of my loan agreement, of course I made debit transactions on the card from 04/27/2015 to 05/13/2015, having no idea that this would be considered by the bank as my consent to changing the credit conditions. On the same day, when I received a registered letter, I went to the Internet bank and checked my tariff plan, which had already been changed by the bank to TP 551.

I consider the actions of the bank not lawful, since the bank unilaterally changed the terms of my loan agreement, I did not give written consent to the change.

And the notice that my actions on the card starting from 05/27/2015 will be considered by the bank as consent to changing the conditions I received much later than the start of the calculation period for the acceptance of the new conditions of the bank, thereby the bank violated Article 29 of the Federal Law "On Banks and Banking ”, according to which a credit institution does not have the right to unilaterally change interest rates on loans, as well as change the procedure for their determination, including determining the amount interest rate on a loan, depending on the change in the conditions stipulated in the loan agreement.

In addition, paragraph 4 of the same article prohibits banks from shortening the term of a loan agreement, increasing the amount of interest and changing the procedure for determining it, as well as increasing and even establishing commission fees for operations under such loan agreements.

And if for some reason I didn’t receive this letter at all, I would have no idea at all about the changes in my bank credit conditions. The bank acted very cunningly, making it so that it seemed to notify and made me an offer to confirm by my own actions my agreement to accept the new conditions. However, if I do not want to accept the new conditions of the bank, I should not use the card or terminate the agreement with the return of all funds to the bank at a time. Naturally, in such conditions created by the bank, many of its customers simply, without receiving notification in time, make card transactions, and the bank, at its discretion, changes the terms of the contract for them.