If the actions of a credit institution violate the terms of the agreement, then the client has to think about how to sue Tinkoff Bank. Sometimes the bank itself is the plaintiff. To increase the chances of winning in a lawsuit, you need to know your rights and understand how to properly defend them.

Does TCS sue its clients?

In general, does Tinkoff sue? There is a misconception that Tinkoff Bank prefers not to sue its borrowers, but to sell cases to collectors or simply “forgive” the debt. But the current practice shows that the bank actively uses the services of the judiciary.

The most common reason that can cause a bank to go to court is the refusal of the borrower to pay on his loan. At the same time, in the first 6-12 months, the bank makes active attempts to “negotiate” with the client, offering him restructuring or payment deferrals. But if the borrower does not make contact or ignores the lender's proposals, then the bank decides to file a lawsuit against the client demanding to forcibly repay the loan.

What to do if Tinkoff Bank sued?

The first step a bank can take is to go to the World Court. In this case, the case will be considered without the defendant, he will simply then receive a registered letter from the justice of the peace with an order to pay the debt.

Cancel such court order very simple - you just need to have time within 10 days from the date of receipt to send a letter to the return address with the text “based on Art. 129 Code of Civil Procedure of the Russian Federation, I ask you to cancel the issued order, send a copy of the cancellation to the specified address. After that, Tinkoff will be able to file a full-fledged lawsuit at the place of registration of the debtor.

If Tinkoff sued for non-payment of the loan taken, then the borrower needs to carefully prepare. The most important thing is to collect all possible papers confirming the deterioration of the financial situation:

• certificates of changes in income;
• dismissal order;
• treatment documents;
• birth certificates of children;
• any other proving the existence of objective reasons not to repay the debt.

According to borrowers, judges usually decide that the client must pay the debt to the bank. It makes no difference whether the loan was issued by card or in cash. Therefore, you should not count on the “forgiveness” of the debt, it is better to focus on the fact that the defendant is ready to return the amount taken on credit, but asks not to award the accrued fines and penalties for payment.

How can a client file a claim?

Oleg Yurievich Tinkov.

If the initiative to sue comes from the client himself, then you need to act according to the following algorithm:

1. Collect all certificates and contracts that confirm illegal Tinkoff actions jar.
2. In person or by registered mail, apply to the court specified in the contract.
3. In the claim, set out all the facts and requirements, attach documents, draw up an inventory of them.

After that, it remains to wait for a call to the process (from 10 days to several months).

You found out that Tinkoff Bank has filed a lawsuit, and you don’t know what to do. The most important thing to start with is not to panic and contact a lawyer with experience in solving problems of this nature. Of course, the help of a lawyer will not be free, but without such protection, you can lose much more, and if you manage to win the court, then reduce the amount of debt or not repay the loan at all.

Problems with Tinkoff Bank arise with enviable regularity. The lender easily issues loans, and in case of problems with the borrower, he does not go to a meeting, but accompanies the requirements for the return of funds with threats and boorish statements. You can cope with the situation on your own if you take the issue seriously. Let's talk today in this article about a similar situation and determine options for further action.

Collection of debt from the borrower is indeed provided for by the internal protocol of the bank. For long-term defaulters, interest accrues daily, and the amount of debt payable will increase rapidly.

The creditor is in no hurry to send a claim to the judicial authority, because the later he does this, the greater the amount to be recovered. Many citizens call Tinkoff a fraudulent bank. As a result of manipulations, the amount to be returned increases several times and the debtor cannot repay the previously taken loan and interest.

Bank employees knock out debts without limiting themselves in expressions and threats. Quite often, citizens file complaints with the police and the judiciary about the illegality of Tinkoff's actions.

How quickly does the bank send the case to the judicial authority?

Judicial practice for Tinkoff Bank shows that if the borrower does not take any steps to resolve the situation, the case is transferred:

• an employee working, with a delay of up to 30 days;
• sends the case to collectors;
• in the absence of a result, is drawn up statement of claim and sent to the judiciary.

The instance for sending an appeal is determined on an individual basis and depends on a group of factors, including the presence of even a single loan payment and the number of days of delay. Based personal experience numerous clients of the bank, litigation begins no earlier than a year later.

How often does the bank apply to the courts?

Based on practice, a court case with Tinkoff Bank occurs when the debtor does not take any measures to repay the debt or the client, in principle, does not agree with the calculation of interest and penalties, believing that the bank initially wanted to throw him.

In each of the situations, you should not give up, but should sue and protect your interests. It is important to know what mechanism is used by the bank when calculating debt, where to complain and what measures to take to permanently get rid of the bank.

What should I do if I receive a subpoena?

The very first reaction of a citizen to a summons received by mail is confusion and even panic. In fact, nothing terrible happened, and it is quite possible to get rid of the bank. The main thing is to fight for your rights and not let things take their course.

If the cause of the debt on the card was the deterioration financial position, then the debtor should prepare additional evidence of this fact. For example, issue a certificate of salary reduction or make a copy of the work book certifying the absence of employment. In case of health problems, it is enough to present a certificate from the clinic.

With a solid evidence base, by a court decision, the amount of debt can be reduced by 5-95%. Only a psychiatric conclusion allows you to completely write off the debt, which will indicate that at the time of signing the agreement with the creditor, the borrower was in a state of passion or was sick. The hearing is not held and after five days, the judge makes a decision. It is allowed to challenge it no later than 10 days from the date of the decision, after which the paper is sent to the bailiffs for collection.

How to win a lawsuit against a creditor: judicial practice in credit cases

An important point is the question of how to sue Tinkoff Bank if a citizen has credit card debt, but the delay was not his fault. This is not difficult to do if you prepare a special application and attach everything to it. Required documents confirming the fault of the creditor. The claim is filed in person, but it is allowed to send an appeal by registered mail with notification.

As for the materials of judicial practice, having studied them, we can say that often the court satisfies the requirements of the creditor for the collection of debts, since they are justified and legal. Sometimes there are cases when the actions of the bank were illegal. In this case, the client was released from the debt. In the absence of legal grounds for the annulment of Tinkoff's claims, the applicant may be held criminally liable.

Whether it is necessary to be afraid of litigation with the bank depends on the reason for the improper performance of contractual obligations. If you took out a loan with the intention of avoiding further payments, the court will hold you liable. When you conscientiously repaid the body and interest, cooperated with the creditor, informed him in advance of the impending delay in paying the debt for reasons beyond your control, tried to agree on changing the terms of payments or refinance the loan in a third-party bank, you should not be afraid of lawsuit proceedings. Perhaps the intervention of the court will force the parties to find a compromise to resolve the conflict.

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To avoid judgment

Submit a written application to the bank stating the reason for the inability to pay the loan. Here you can also ask to restructure your debt by extending the repayment term and reducing your monthly payments. If the payment deadline has expired, ask the bank to stop accruing penalties. At the same time, emphasize the willingness to pay the principal debt. As a rule, the parties manage to reach an agreement. The bank prefers to cooperate with an incomplete payer than to burden itself with a complete defaulter.

Model of behavior of a potential respondent

If the bank has filed a claim with the court, be sure to take part in the dispute resolution process. The defendant's failure to appear negatively affects his position in the conflict, characterization, and, ultimately, affects the decision on the case. Thoroughly prepare for claim proceedings by minimizing the amount of debt and preparing documents:

• credit agreement; receipts, account statements;
• proof of change financial condition(certificate of income, work book, order of dismissal);
• an extract from the medical history;
• proof from the draft board, if you were drafted into the army;
• children's metrics;
• agreement with the university, receipts for payment of tuition;
• copies of the restructuring proposal, application to third party banks about refinancing.

If the borrower proves the "unintentional" delay, he will have a chance to reduce the debt at times by getting rid of huge commissions, fines and other imposed payments. You will not be able to offer worthy resistance to the bank, without objective reasons, the court satisfies the legitimate and reasonable requirements of a bona fide counterparty.

Lender Options

The time when banks only threatened to file a lawsuit against a debt defaulter became the property of history. The harsh reality requires banks to systematically receive the resources necessary to form reserves. Therefore, today the practice of applying to the court is widespread.

Tinkoff Bank is focused on increasing assets, therefore it is trying to negotiate with the client on restructuring, creating "favorable" credit conditions.

This bank often cooperates with collectors. Such a clause is also included in the draft treaty. However, the demand of the time forces Tinkoff Bank to resort to judicial protection of legitimate interests.

In addition to the general claim order of legal proceedings, there is a simplified system of judicial action. Institutions practice the collection of debt by court order, which account for the majority of debt collection. In this case, the bank submits an application with a minimum of documents attached. Magistrate without a request additional materials renders judgment in the case. The appeal period is only 10 days.

An analysis of judicial practice shows that the bank's claims to the client for the recovery credit money basically legal and justified. Judicial acts in such cases, with rare exceptions, satisfy claims against debtors. Let's look at a few examples.

1. Tinkoff filed a lawsuit against c. Faradzhova I.V. demanding to recover accounts payable and legal costs. By the decision of the court of the Volgograd region dated February 6, 2013, the requirements were satisfied.
2. Railway district court Rostov-on-Don dated February 11, 2014 considered the claim of Tinkoff Bank against gr. Rogacheva L.A. on repayment of the debt under the contract and legal costs. By decision dated 11.02.2014, the bank's requirements were satisfied.
3. The creditor filed a claim against Mr. Rybakova O.G. demanding payment of a loan. Gus-Khrustalny City Court of the Vladimir Region satisfied the requirements, including payment of the principal debt, interest, penalties for delay, the amount of the state duty, by decision dated 18.02.2015.
4. By a decision of September 16, 2015, the Industrial District Court of Orenburg, at the request of Tinkoff Bank JSC to c. Cheplakova N.V. ordered to collect accounts payable and state duty. According to the counterclaim Cheplakova H.The. to the bank to recognize the terms of the contract as illegal is denied.
5. The Semiluksky District Court of the Voronezh Region satisfied the claim of Tinkoff Bank against Mr. Nikitin D.I. on the collection of debt and payment of state duty to the court, and the counterclaim for the recognition of certain provisions of the loan agreement as invalid was rejected (decision dated 10/20/2015).

Keep in mind that unscrupulous clients who received money under false documents and do not want to pay the creditor risk being prosecuted. So, the Kurganinsky District Court of the Krasnodar Territory on 03/07/14 sentenced gr. Markova I.A. to restriction of freedom for fraud when obtaining a loan from Tinkoff Bank.

1. Tinkoff Bank sued me, the world court dismissed the claim because I wrote objections, now they have filed a city court against me, I found a good lawyer and we filed an objection to the lawsuit on the application limitation period. Representatives of the bank did not appear at the 1st meeting in the city court, they did not ask the judge to consider the case in their absence, I spoke at the court, spoke as my lawyer told me, on the date of the first meeting, the bank did not respond to my objection to the application of the limitation period, The 2nd meeting was scheduled, the judge said that she herself would call the bank and find out where the loan was calculated using the limitation period. My questions are: How should I behave at the 2nd last court session? How to make the judge leave the claim without satisfaction if the paper on the calculation with the application of the limitation period does not go to court? I received a Tinkoff bank card in 2009, and only in 2019 I stopped paying on it, they sent me a lawsuit about my debt more than the card limit, the card has been blocked by the bank for more than 2 years, but I have been making payments all this time monthly. How can I act at the 2nd meeting of the mountains of the court, how can I get the judge to leave the claim without satisfaction?

Lawyer Petrov A. A., 3459 responses, 1276 reviews, online since 03/18/2019
1.1. Hello! Please clarify your question in more detail so that it can be fully and correctly answered.

Lawyer Permyakova Y. V., 1510 responses, 739 reviews, online since 05.10.2018
1.2. Your question is not entirely clear, have you paid the debt in full and the bank unreasonably exposes it to you again?

2. Took credit card at the beginning of this year in the amount of 75 thousand rubles. I made the first installment and could not pay further. In October of this year, Tinkoff Bank sued me in the world court. A court order came to the place of permanent registration. I myself live on temporary registration 2000 km from home. The mother took the envelope from the court and signed for receipt. I have not had the means to pay this debt for six months already, since I was injured and a spinal hernia came to light. I walk and my left leg goes numb all the time. As before, there is no way to plow at different jobs. Now the amount has become 105 thousand rubles. I have no property and no official work.
What should I do? What should be my actions inside and out? Explain everything, please! I am not going to give money at this stage, but over time I will try. I'm falling more and more into this credit hole!

2.1. It is possible to play for time and cancel the court order.

Lawyer Boldyrev R. I., 4003 responses, 2253 reviews, online since 07/26/2017
2.2. Hello!
To cancel the court order, it is necessary to send an objection to the court within ten days, if the deadline is missed, then also a petition for the restoration of the deadline.

Law firm OOO "PRAVOPRO", 20568 responses, 12061 reviews, online since May 18, 2017
2.3. Good afternoon
You need to cancel the court order, for this you need to write an objection to it, file it with the court that issued the court order. Moreover, you can’t pull, because further performance list handed over to the bailiffs, and they have the right to come and describe the property at the place of your registration, your mother will have to prove that the property is her personal. They will also freeze your accounts.
You can file an objection in person, by mail, or through a representative, but this requires a power of attorney.

Code of Civil Procedure of the Russian Federation Article 129. Cancellation of a court order

Upon receipt of the debtor's objections regarding the execution of the court order within the prescribed period, the judge cancels the court order. In the ruling on the cancellation of the court order, the judge explains to the exactor that the stated requirement can be presented to them in the course of action proceedings. Copies of the court ruling on the cancellation of the court order shall be sent to the parties no later than three days after the date of its issuance.

3. I filed a lawsuit against Tinkoff Bank. To terminate the restructuring agreement, which the bank imposed on me, at the same time, fraudulently forced me to pay the necessary amount to switch to a new agreement, before receiving the agreement itself. And he increased the amount of debt by 25,000 rubles as a commission. I went through all the courts of 1-2-3 instances.
Question.
1. When filing a cassation appeal in Supreme Court Do I need to attach certified decisions of 1-2-3 instances to the application? Or can only a decision of the 3rd instance (the Presidium of the Regional Court) be attached?
2. Is it possible to indicate new circumstances in the application and ask for the cancellation of the decision of the court of 3rd instance and ask to terminate the contract?

Lawyer Karpukhin A. S., 229 responses, 105 reviews, online since 10/14/2019
3.1. Good afternoon. Have you already had a consideration of the case in the presidium of the Primorsky Regional Court?
Attach all decisions and copies according to the number of persons participating in the case to the complaint to the Supreme Court of the Russian Federation.

4. Good evening, there is a credit card in Tinkoff Bank, the bank transferred the case to the Phoenix collection agency, yesterday the first 2 letters arrived, the final invoice letter was generated on 09/17/2019 where it says that 30 days are given for repayment on a voluntary basis, and the second letter is an application for a copy of the order, written to the magistrate in the top right corner, so I contacted the Phoenix company and they answered me on the account of the first letter that you can forget about it, that there are exactly three days for full repayment debt. The due date is today, but the full amount is not available and could not be paid. Tell me what those 2 letters mean? And it turns out they have already filed documents with the court?

Lawyer Kozyrev P. A., 2309 responses, 1529 reviews, online since 01/22/2019
4.1. Most likely they didn’t file, but they put pressure on you in order to receive funds, I recommend that you write an application for refusing to interact with the creditor and send them to the court, you will cancel the court order in accordance with Art. 128-129 Code of Civil Procedure of the Russian Federation, by writing a corresponding statement. Further, you can reduce interest, fines, penalties and forfeits in accordance with Art. 333 of the Civil Code of the Russian Federation.
Sincerely!

I also draw your attention to the fact that credit funds are provided in the absence or insufficiency of own funds when the client makes transactions using bank card within the limit stipulated in the contract.

This implies the obvious conclusion that the client's transactions using a particular bank card is not proof of receipt and use loan funds, since operations can be performed at the expense of own funds client.

In general, you understand me)

11.3. You need to look at the statement of claim, bank calculations and come up with something, each case is individual, depends on your specific circumstances, there is no universal remedy, you need to read everything and think about how you can reduce debt to the maximum in your case.

12. I have such a situation: for several months I could not pay on a loan (credit Tinkoff card). There were constant calls and texts from them. In the next SMS, a proposal was received for a minimum monthly payment of 2800 rubles, I paid it within 2 days. I received a call asking if such an offer had been received, to which I replied that there was an SMS and I made a payment. A couple of days later I received an SMS that "offer canceled, goodbye." When I tried to make another payment, I found that everything was deleted from my personal account, neither the card number, nor the account. A little later, a letter came from the court that the bank had sued and wanted the entire amount at once. I don't have that option. And was it right for them to refuse their offer?

Lawyer Shabanov N. Yu., 20164 responses, 9651 reviews, online since 03/23/2017
12.1. Hello, when you receive a court order, file an objection to it within 10 days and the order will be canceled, after that the bank can go to court with a statement of claim, there it will already be necessary to sort out the situation in court.

Lawyer Voronchikhin D. A., 7230 responses, 4632 reviews, online since 11/14/2018
12.2. You will not be able to prove this, especially since nothing is formalized in writing. The payment must be counted in the amount of payment no more. Apparently, they simply restored their deadlines for filing a lawsuit, you need to look at what kind of letter you received there and what can be done with it.

There was a credit card in Tinkoff Bank, a debt was formed back in 2014. The bank assigned the rights to collectors and they sued in 2018. The statute of limitations was missed and an objection was filed against the claims under the statute of limitations, but the judge still sided with the bank and awarded payment. The appeal was denied, they did not even accept the application! Now the bailiffs are in debt. I take it there is nothing that can be done? Read answers (1)

13. Bank Tinkoff sued. all accounts were arrested and 50% was debited from me, I did not know about the court decision. They sent all notifications to the registration address, although I do not live there and did not receive anything. I took the card in 2013, gave it to my mother, she lives in another city, and, unfortunately, there is no way for her to reimburse. How can I dispute the amount and return the already arrested money?

Lawyer Shemyakin D.V., 5798 responses, 3922 reviews, online since 03/05/2018
13.1. You won't succeed. You are considered notified of the court under Art. 165.1 of the Civil Code of the Russian Federation.

14. I learned about the enforcement proceedings about the debt to Tinkoff Bank from the bailiff on the basis of the notary's writ of execution. Neither the bank nor the notary notified me, the documents are only on the photo in the phone (from the bailiff) Many violations by the bank and the notary. Question: where to apply to the court, if I am registered in the Republic of Adygea, I live in Novorossiysk, but the notary is generally in Moscow. There is no original loan agreement, no calculation of the debt, and I do not agree with the amount.

Lawyer Fesenko A. O., 101 responses, 73 reviews, online since 07/31/2019
14.1. 1. You can write a letter about sending you a certified copy of the enforcement proceedings at the place of conducting the proceedings at the current moment.
2. You can write a letter stating that you actually live in Novorossiysk and ask to transfer the case for execution at the place of residence, then the bailiffs will have to send it and you will be able to personally familiarize yourself with it.
3. If you do not agree with the actions of the bailiffs and the situation as a whole, you have the right to go to court to protect your rights.

15. On March 27, 2011, I purchased a credit card from Tinkoff Bank. Last payment made on the card on November 27, 2013. The bank didn't ask me to pay. In 2015, I sold the debt to collectors, which I did not know about. On February 19, 2019, the court ruled in favor of the bank, which I recently learned about and filed an application for the restoration of the pass and a petition for missing the limitation period. The court has not set a date yet. The question is whether the collectors missed the statute of limitations or not?

Lawyer Navolokina L. Yu., 136 responses, 91 reviews, online since 07/10/2019
15.1. Good afternoon, yes, expired. According to paragraph 1 of Art. 196 of the Civil Code of the Russian Federation, the general limitation period is three years. Thus, if you have debt on a loan, the statute of limitations for it will be three years. True, according to paragraph 1 of Art. 199 of the Civil Code of the Russian Federation, a claim from a credit institution in court will be accepted even beyond the specified period. Therefore, its expiration must be declared in court (until the judgment), otherwise the case will be considered on the merits with the issuance of an appropriate decision. So, in fact, the bank (other credit organisation) has the right to demand credit debt through the courts and after three years, if the defendant is too silent. Therefore, restore the term and write a petition for the application of the limitation period.

16. I had difficulty repaying a loan at Tinkoff Bank. My case was assigned to Phoenix Agency. With them, we found a solution and I was given an installment payment, freezing the debt. Paying it for more than 4 months (transferring money to a Tinkoff credit card), I found out that the bank sued me about 4 months ago. The bailiff blocked my accounts in order to pay off the debt. The question is where to pay the debt now, further to the bank card or pay the bill for State Services in personal account(there is a fine from the bailiffs)?

Lawyer Kashin A. E., 101 responses, 55 reviews, online since 05/28/2019
16.1. Good afternoon. Contact the loan officer and offer settlement agreement according to the terms of the agency. The bank will withdraw the sheet, the bailiff will remove the block.

Lawyer Zotov V.I., 36842 responses, 15126 reviews, online since 07/11/2009
16.2. Hello, dear Dmitry!
Firstly, according to part 1 of article 819 of the Civil Code Russian Federation, By loan agreement a bank or other credit organization (creditor) undertakes to provide cash(loan) to the borrower in the amount and on the terms stipulated by the agreement, and the borrower undertakes to repay the received amount of money and pay interest for its use, as well as other payments provided for by the loan agreement, including those related to the provision of a loan.
Secondly, on modern financial market we have a lot of organizations involved in debt collection in Russia. One of such companies is LLC "Phoenix" - collection agency, created at the initiative of the bank " Tinkoff Credit Systems". The collectors, apparently, treated you well, and your Creditor calmly collected from you the debt under the loan agreement with interest and with a penalty.
Third, if you are not concerned about the question of how it is POSSIBLE to reduce the amount that your Creditor has collected from you, then the bailiff will collect from you for enforcement proceedings on the basis of federal law No. 229-FZ "On Enforcement Proceedings". Worry about the collection of this debt from you on the basis of court order(this is a court decision or A court order that is EASY to overturn) it makes no sense, since the bailiff knows his work well, he will also collect from you at the end the Performance fee (7% of the debt) on the basis of Article 112 of Federal Law No. 229-FZ.
Article 112. Performance fee
1. The performance fee is a monetary penalty imposed on the debtor in case of non-execution of the executive document within the period established for the voluntary execution of the executive document, as well as in case of non-execution of the executive document subject to immediate execution, within 24 hours from the date of receipt of a copy of the bailiff's decision -executor on the initiation of enforcement proceedings. The performance fee is credited to the federal budget.
2. The performance fee is established by the bailiff-executor after the expiration of the period specified in paragraph 1 of this article, if the debtor did not provide the bailiff-executor with evidence that the execution was impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions. The decision of the bailiff-performer on the collection of the performance fee is approved by the senior bailiff.

3. The enforcement fee shall be established in the amount of seven per cent of the amount to be collected or the value of the property to be recovered, but not less than one thousand rubles from a debtor-citizen or a debtor - individual entrepreneur and ten thousand rubles from the debtor organization. In case of non-execution of a non-property executive document, the performance fee from the debtor-citizen or the debtor-individual entrepreneur is set at five thousand rubles, from the debtor-organization - fifty thousand rubles.
(Part 3 as amended by Federal Law No. 441-FZ of December 28, 2013)
3.1. With regard to several debtors under joint recovery in favor of one claimant, the enforcement fee is established from each of the debtors in the amount of seven percent of the amount to be collected or the value of the property to be recovered, but not less than one thousand rubles from the debtor-citizen or debtor-individual entrepreneur and ten thousand rubles from the debtor organization.
(Part 3.1 was introduced by Federal Law No. 441-FZ of December 28, 2013)
4. The performance fee for non-payment of periodic payments is calculated and collected from the amount of each debt separately.
5. The performance fee is not collected in cases where enforcement proceedings have been initiated:
1) according to the executive document received in the manner prescribed by Part 6 of Article 33 of this Federal Law;
2) upon re-presentation for execution of a writ of execution, according to which the decision of the bailiff-executor on the recovery of the enforcement fee was issued and not canceled;
3) by order of the bailiff-executor on the recovery of expenses for the commission of enforcement actions and the performance fee imposed by the bailiff-executor in the process of execution of the executive document;
(as amended by Federal Law No. 225-FZ of July 18, 2011)

ConsultantPlus: note.
Since the beginning of the activities of the cassation courts general jurisdiction and appellate courts of general jurisdiction in paragraph 4 of part 5 of Art. 112 are amended (FZ of November 28, 2018 N 451-FZ).
4) on judicial acts on interim measures;
5) according to executive documents containing requirements for forced expulsion from the Russian Federation foreign citizens or stateless persons;
(Clause 5 was introduced by Federal Law No. 410-FZ of December 6, 2011)
6) according to executive documents containing requirements for serving compulsory work;
(Clause 6 was introduced by Federal Law No. 49-FZ of April 5, 2013)
7) upon request central authority about looking for a child.
(Clause 7 was introduced by Federal Law No. 126-FZ of May 5, 2014)
5.1. Unexecuted resolutions on the recovery of a performance fee issued within the framework of enforcement proceedings subject to termination on the grounds established by paragraphs 10 and 11 of Part 2 of Article 43 of this Federal Law are canceled by a bailiff.
(Part 5.1 was introduced by Federal Law No. 48-FZ of March 7, 2018)
6. The debtor has the right, in accordance with the procedure established by this Federal Law, to apply to the court to challenge the decision of the bailiff on the collection of the enforcement fee, with a claim for a deferment or installment plan for its collection, to reduce its size or exemption from the collection of the enforcement fee.
7. The court has the right, taking into account the degree of guilt of the debtor in the failure to execute the executive document on time, the property status of the debtor, other significant circumstances, to defer or extend the collection of the enforcement fee, as well as reduce its size, but not more than one quarter of the amount established in accordance with part 3 of this article. In the absence of grounds for liability established by the Civil Code of the Russian Federation for violation of an obligation, the court has the right to release the debtor from the collection of a performance fee.
8. If the court accepts for consideration the application or claim specified in Part 6 of this Article, the collection of the enforcement fee shall be suspended until the court makes a decision. The decision of the court on their full or partial satisfaction is subject to immediate execution.
9. When the court reduces the size of the performance fee, the decision of the bailiff on the recovery of the performance fee is considered to be amended accordingly. In this case, the debtor shall be returned the amount of money excessively collected from him.
10. The performance fee is returned to the debtor in full in cases of cancellation:
1) a judicial act, an act of another body or official, on the basis of which an enforcement document was issued;
2) executive document;
3) resolutions of the bailiff-executor on the recovery of the performance fee, with the exception of cases provided for in paragraph 5.1 of this article.
(as amended by Federal Law No. 48-FZ of March 7, 2018)
11. The return to the debtor of the performance fee is carried out in the manner determined by the Government of the Russian Federation.
The amount of the Performance Fee can also be reduced in court, but this needs to be seriously dealt with, for which you should carefully study the provisions of Federal Law No. 229-FZ. You can read more about this on my page in the "My Publications" section in the article " Performance fee, how to avoid it or reduce it legally".
Good luck to you.

Lawyer Kukovyakin V. N., 10320 responses, 6739 reviews, online since 11/16/2017
16.3. Hello Dmitry!
Have you asked the Phoenix for documents that confirm the transfer of the right to collect on them?

Lawyer Khozyayonok I. V., 355 responses, 221 reviews, online since 08/07/2018
16.4. Hello, contact the bailiff who is conducting your proceedings.

Lawyer Nikitin S. A., 212 responses, 185 reviews, online since 02/13/2018
16.5. You can pay your debt in two ways:
1. Continue to transfer money to your Tinkoff bank account until you pay off the debt in full. But the bailiffs will not know about this, since the bank will not inform them about the payment. This situation can lead to confusion about the amount of debt paid, as well as to the application to you coercive measures from the bailiffs.
2. Pay a special account of the bailiffs at the State Services, and the bailiffs themselves will transfer money to the Tinkoff bank. This method is more suitable for you.
As for the "fine", this is a performance fee in the amount of 7% of the debt to be collected, which will have to be paid in any case.

A question. If I have a debt on a Tinkoff credit card and there was a delay of 4 months. The bank called us and offered to pay 22,000 before the 15th and 6,000 for the rest of the month. But I can’t pay 22,000, but it turns out 10,000, can the bank sue me? They called the bank and warned that the modem was only 10,000, they do not agree and threaten to sue. Can we pay 10,000 so that the bank can see that we are solvent? Read answers (2)

17. The Tinkoff Bank handed over the material on the debt to the Phoenix collectors. Then he filed an additional lawsuit against me. More than half have already paid the money. But since Tinkoff Bank sued me, half of my pension was deducted from my pension. And they will deduct the amount that was at the beginning of the debt. The bailiffs say that they would not take off my pension from me, it is necessary for the bank to withdraw the writ of execution.

Lawyer Budaragin A. A., 7429 responses, 3234 reviews, online since 11/20/2017
17.1. You need to deal with the documents, otherwise, according to your situation, it turns out that you pay twice for the same thing.

18. Tinkoff Bank filed a lawsuit against me.

Lawyer Karavaytseva E.A., 57763 responses, 27411 reviews, online since 03/01/2012
18.1. Prepare a response to the claim.

Lawyer Izoitko K. A., 73 responses, 34 reviews, online since 28.07.2019
18.2. Good afternoon It's too bad that Tinkov sued you.

18.3. Good afternoon.
What does it mean to sue? Have you received a court order? Did you receive a claim? You wrote to me in a personal, I answered you. Look here please.

Lawyer Khmelnitsky V. N., 3808 responses, 2310 reviews, online since 01/12/2018
18.4. Dear Dmitry, according to Art. 149 Code of Civil Procedure of the Russian Federation, you have the right to submit to the plaintiff (bank) and the court objections in writing regarding claims. Good luck... .

Sergei Yuny Barmaleikin, 15880 responses, 855 reviews, online since 10/25/2011
18.5. The debt will be collected from you by court order, Chapter 11 of the Code of Civil Procedure of the Russian Federation will help you.

19. In 2015, Tinkoff Bank sued me, demanding to repay the loan. There was a court and the justice of the peace ruled that I should not pay the loan to Tinkoff. Today I was at the bailiff and they gave me a writ of execution that I owe money to Tinkoff. The decision was made in absentia by the same magistrate who ruled that I owed nothing to the bank. What should I do? Please explain my next steps.

Lawyer Isaev R. S., 18640 responses, 8148 reviews, online since 03/04/2016
19.1. Hello, if the decision was made in absentia, then you have the right to cancel it within 7 days from the date of receipt of the decision, unless of course you have arguments other than the fact that you were not notified.
Code of Civil Procedure of the Russian Federation Article 242. Grounds for canceling a court decision in absentia

A court decision in absentia is subject to cancellation if the court establishes that the defendant's failure to appear at the court session was caused by valid reasons, about which he did not have the opportunity to inform the court in a timely manner, and at the same time the defendant refers to the circumstances and presents evidence that may affect the content of the court decision.

Lawyer Kudrin O. E., 15129 responses, 8098 reviews, online since 03/20/2015
19.2. Good afternoon.
In order to accurately answer your question and help you need to know the details.
Contact a lawyer on our website personally, set out everything in detail, he will provide you with legal assistance.

20. Tinkoff, as usual and as usual, counted me an incredible amount to pay and eventually filed a lawsuit. At the first meeting, I made a motion to request the original documents from the bank, because copies not certified according to GOST are not proof of our relationship with the bank. Yes, and as you know, I did not sign any contract, only a statement-questionnaire, which does not indicate essential conditions providing a card. Plus, I issued a card on a different passport with a different signature. A few days later the second meeting.
1) How big are my chances that the bank will never provide all the documents I requested, incl. primary type of bank account balance at the time of card activation?
2) The absence of basic conditions in the questionnaire, incl. credit limit, repayment schedule, etc. can affect the nullity of the "contract"?
3) I consider Article 333 of the Civil Code of the Russian Federation as the most extreme case.

20.1. And what can be the repayment schedule for a credit card, according to which it is essentially determined by the amounts withdrawn at your discretion? There can only be general conditions.
As a rule, all essential terms of the contract are specified in the terms of crediting. They wrote a statement - they agreed with the conditions, besides, it is the essential conditions that are indicated in the questionnaire itself.
In general, "saw, Shura, they are golden" ... :)
Regarding the other signature, are you contesting that you took money at all? If not, then what is it for.
Regarding the correctness of the charges - you need to see the documents, but we cannot make calculations on the site ...

6 years ago was issued tinkoff loan bank, there is no contract, i.e. the card was received through the mail. Now I find out that the debt was transferred to the Phoenix collectors and they also filed a lawsuit. I don’t refuse the debt, but the amount is large, and there were no notifications about what was being transferred to collectors or about filing a lawsuit. Does it make sense to challenge the moment with them, at least with the amount? Read answers (3)

21. Had a Tinkoff credit card, couldn't repay minimum payment stopped paying. The bank received a court order, the amounts were written off from me, I canceled the order and we moved to court proceedings, in court the judge fully satisfied the amount, I filed an appeal. Now a hearing has been scheduled, most likely the entire amount will be recognized anyway. During this time I have accumulated funds, I want to close something, but the rest I want to ask the court for an installment plan. Please tell me how to prevent a writ of execution on the account?
Will the bank still sue me? Penalties and something else?

Law firm Helios LLC, 12588 responses, 7097 reviews, online since 03/01/2019
21.1. Hello! After the court decision is made, you can apply to the court of first instance with an application for an installment plan.

22. Tinkoff filed for a court order, I canceled the order, the bank took IL in court. What can I do next? A card for 60,000, paid out 130,000, Tinkoff wants another 102,000 rubles. I think his actions are illegal.

Lawyer Plyasunov K.A., 145007 responses, 35783 reviews, online since 26.02.2013
22.1. Hello.

So you canceled the order.

Lawyer Kipkaylov E. S., 2428 responses, 1454 reviews, online since 01/21/2017
22.2. Hello, if you canceled the court order as IL issued it is not entirely clear when the order is canceled, the bank files a lawsuit and the case is not considered in a simplified manner, you need to study all the materials of the case that are, you should have received a lawsuit at the place of residence.

Lawyer Ninskaya V. V., 218 responses, 125 reviews, online since 07.12.2018
22.3. You can return the money that was withheld from you by court order.

Lawyer Tsykalo R. A., 88 responses, 59 reviews, online since 07/09/2019
22.4. Dear Marina! If you do not agree with the decision of the court of first instance, in accordance with the requirements of the Code of Civil Procedure of the Russian Federation, within a month from the date of the decision by the court of first instance in the final form, appeal it to the court of appeal through the court of first instance, i.e. file an appeal against the decision of the court. And since the bank has already received a writ of execution, it means that the court decision has entered into legal force and you can appeal it to the court of appeal if, together with the appeal, in accordance with the requirements of Article 112 of the Code of Civil Procedure of the Russian Federation, file a petition for the restoration of the missed procedural deadline for filing an appeal, in which justify good reasons for missing the deadline for filing a complaint (for example, a serious illness, or if you were not served or sent a copy of the court decision, provided that you were absent from the court session when it was issued) and attach the relevant supporting documents. Otherwise, your appeal will be left without movement by the court of first instance and a period will be given to eliminate the shortcomings of the appeal.
Sincerely, Tsykalo Ruslan Alekseevich.

Lawyer Voronchikhin D. A., 7230 responses, 4632 reviews, online since 11/14/2018
22.5. You say something wrong, if a court order was issued, a writ of execution is not issued. The order itself is an executive document. Show all the documents to a lawyer, you need to figure it out, maybe they have already sued in court in a general manner, but you don’t know.

23. On January 29, I bought a Samsung S8 phone in Svyaznoy in installments, the design was approved by Tinkoff Bank, but there was not an installment plan, but a loan at 5% per annum (I later learned this from the bank), the phone costs 39,990 rubles. The seller spoke strongly to me about his super qualities and that the payment would not be large 1995 rubles per month, I even missed how many months (36), I also took out insurance, I agreed with this, you never know what could happen to the phone, I didn’t even pay attention to the full amount of the loan repayment, as if under hypnosis. I was only able to clarify why they didn’t give a check for the purchase of goods, the seller explained to me that when buying on credit, their system does not issue a check, you will come every month to pay the loan, then we will give a check, but it was profitable for me to pay directly to the bank without commission. After when I looked at the payment schedule, I was shocked by full amount which should be returned to the bank is 71802.43. I contacted the store, to which they answered that the bank takes a large percentage. I also contacted the bank, they assured me that the percentage was small 5 and you had another product in addition to the phone for the amount of 25 thousand rubles, I explained that I didn’t buy anything except the phone and insurance, the bank sent me a document where my purchase was made with my signature, which Svyaznoy did not give me. There really were some kind of smart watches, and when I signed, I didn’t even pay attention, I just bought a phone. The bank advised me to contact the police, I turned to them, they also said to try to solve the problem peacefully through the store, so that they would return the money to me for their mistake. I went to the store, the seller recognized me because I came several times and confirmed that I only took the phone and insurance from them, and there was an error with this product, a program failure. He assured me that he would find out everything, contact the bank to return the money and they would inform me in 2-3 days, a week passed and I called the bank, they told me that the Svyaznoy did not turn over the money with age. I ask you for advice on how I should proceed, go to the store again or immediately go to the police about the fact of fraud on a refund, or go to court. For 6 months they have been hanging noodles on me, until I got to the bottom of everything myself. Please let me know what steps I need to take to make sure they get my money back. I am also a disabled person of the 2nd group, I am trying to work for 12 thousand, and 25 thousand is more than my two salaries, please help!

Lawyer Poghosyan V. S., 75 responses, 49 reviews, online since 07/06/2019
23.1. Good day. As a lawyer, I myself worked in Svyaznoy, and I can say the following. Customers in this company are lured with a monthly payment figure, and you should never tell the client the final amount. The specification of the goods is torn up by the store employees and thrown away. This happens with every client. In fact, insurance is also not required (but a useful thing). Therefore, you need to contact the Euroset company, call hotline, name the full name of the employee and tell how everything happened, ask them for a full check with the name of the goods (which they also throw out after the installment plan is issued). Explain the situation by calling the Network-Svyaznoy and the security service of the Network-Svyaznoy. Ask for a check, then take a list of purchased goods and services from the bank. Next, write a statement to the police and a letter of claim to the Network-Svyaznoy. Ask for video recordings of cameras at the time of purchase, where it will be clearly seen that no smart watches were given to you. A standard fraudulent scheme to add to your salary rate, in order to fulfill the plan for accessories and insurance, plus all this, to appropriate the goods sold. Immediately ask the Network-Svyaznoy: records, check, and write a claim. Your claim must be scanned, and the original must be marked as accepted. Next, call the communication network and complain about the problem, be sure to give the name of the employee. The security service treats such employees mercilessly. And file a police report.

Lawyer Kovaleva O. S., 82 responses, 36 reviews, online since 06/25/2019
23.2. Hello. Tell me, did the seller and the sales receipt not give you?

24. On January 29, I bought a Samsung S8 phone in Svyaznoy in installments, the design was approved by Tinkoff Bank, but there was not an installment plan, but a loan at 5% per annum (I later learned this from the bank), the phone costs 39,990 rubles. The seller spoke strongly to me about his super qualities and that the payment would not be large 1995 rubles per month, I even missed how many months (36), I also took out insurance, I agreed with this, you never know what could happen to the phone, I didn’t even pay attention to the full amount of the loan repayment, as if under hypnosis. I was only able to clarify why they didn’t give a check for the purchase of goods, the seller explained to me that when buying on credit, their system does not issue a check, you will come every month to pay the loan, then we will give a check, but it was profitable for me to pay directly to the bank without commission. After when I looked at the payment schedule, I was shocked by the total amount that I have to return to the bank, which is 71802.43. I contacted the store, to which they answered that the bank takes a large percentage. I also contacted the bank, they assured me that the percentage was small 5 and you had another product in addition to the phone for the amount of 25 thousand rubles, I explained that I didn’t buy anything except the phone and insurance, the bank sent me a document where my purchase was made with my signature, which Svyaznoy did not give me. There really were some kind of smart watches, and when I signed, I didn’t even pay attention, I just bought a phone. The bank advised me to contact the police, I turned to them, they also said to try to solve the problem peacefully through the store, so that they would return the money to me for their mistake. I went to the store, the seller recognized me because I came several times and confirmed that I only took the phone and insurance from them, and there was an error with this product, a program failure. He assured me that he would find out everything, contact the bank to return the money and they would inform me in 2-3 days, a week passed and I called the bank, they told me that the Svyaznoy did not turn over the money with age. I ask you for advice on how I should proceed, go to the store again or immediately go to the police about the fact of fraud on a refund, or go to court. For 6 months they have been hanging noodles on me, until I got to the bottom of everything myself. Please let me know what steps I need to take to make sure they get my money back. I am also a disabled person of the 2nd group, I am trying to work for 12 thousand, and 25 thousand is more than my two salaries, please help!

Lawyer Ulanov A.S., 3490 responses, 2008 reviews, online since 09.12.2014
24.1. They don’t hang noodles on your ears, for some reason you yourself don’t do anything except walk. There is no benefit for the messenger to cancel the purchase of a smart watch, they do everything so that you do not later prove that you did not receive it. If the recording of the video camera has already been erased due to deadlines, then it will be very difficult for you to prove that you did not receive the watch, you will need an experienced lawyer, since the police will need to check the accounting and the availability of goods at the end of the working day when you took out a phone on credit . Now you don’t have to decide with the world, but write a statement about fraud against the seller (namely, against the seller, write that he probably appropriated the watch for himself), then the seller himself will fuss and things will move.

I ordered a card in 2011 from the Tinkoff bank, the card never came to me, now in 2019 the bank filed an application with the court that I have a debt of 94,000 r on it and asks them to reimburse a hundred I should do how to be shocked by such a letter for what to pay if I didn’t even see the map in my eyes how to be in such a situation. Read answers (1)

25. My name is Alexander, I don’t know what to do, it’s already a cry from the heart! I took a loan from Tinkoff Bank 46000 t.r. I paid 5 years and could not repay, in the end I paid them 263000 t.r. I spat and stopped paying, they sued me, the court was in my favor, a year later they through the court pris., sends a lawsuit to me to work, as a result, they began to withhold 50% of my salary, paid another 116,000 tr. "phoenix" they say I have a debt of 1500 tr and where it came from, they said that these are post-trial fines and that I need to pay them, and they will give me a certificate that I owe nothing to the bank, I paid, called and asked send me a certificate, to which I heard that I again have a debt and they won’t give me any certificate until I pay it off, which is 13800 t. R, but the bank gives me a gift if I pay them 50% of the debt, which is 6900 t. R and the rest they will forgive me ... In my opinion, this smacks of fraud, please tell me what to do, thanks in advance.

Lawyer Erkhov V.G., 21971 responses, 6819 reviews, online since 04.02.2013
25.1. 385 of the Civil Code of the Russian Federation - do not pay collectors until the bank fulfills Article 382 of the Civil Code of the Russian Federation
Articles 196 and 199 and 200 of the Civil Code of the Russian Federation may have passed the limitation period.

26. The situation is as follows: I did not pay the loan, after 3 years Tinkoff Bank filed a lawsuit, the amount of the debt is 26 thousand rubles. Of course, all bank accounts are blocked, including those that receive child allowance and unemployment benefits with the CZN. All receipts are withdrawn from the cards, including the money that the baby is entitled to. Turning to the bailiff, I received the answer: if there is no way to pay, there was nothing to give birth. Then she suggested the following option - to provide a certificate from the CZN so that only 50% of the income is withheld .. Tell me, please, can they withhold 50% of the allowance from the CZN if the allowance is only 3 thousand rubles and I am a single mother? And if I provide a certificate from the CZN, they send a writ of execution to the CZN, will the arrests be removed from the accounts? Thank you in advance for your help...

Lawyer Butsenko D.V., 500 responses, 388 reviews, online since 11/22/2016
26.1. Yes, if they provide a certificate from the EPC, they have the right to withdraw unemployment benefits in the amount of 50%. As for other payments for the child, upon presentation of a certificate stating that these payments are intended for the child, the bailiff will remove the arrest from them.

27. In marriage, a card was purchased in Tinkoff Bank for me (wife). Managed the card and spent money from it-husband. I didn't even see the map. Now there is a debt of 160.000 on the card. Ex-husband does not get in touch, the bank calls me and asks me to pay the debt, because the card is issued to me. How to be? Can I sue that the card is in the possession of another person and oblige him to pay his own debts?

Lawyer Sysuev A.A., 3996 responses, 2747 reviews, online since 11/21/2013
27.1. Greetings.
The card is issued to you, and the bank rightly requires payment of the debt from you.
One can only divide the debt between the willows and the husband.

28. Approximately 8 years ago, we had the imprudence to issue a contact's credit card. WITH credit limit up to 30,000 then, over time, the limit grew to 80,000, well, nothing out of the ordinary, we exhausted this limit, and for about 3 years we paid regularly, every month, without delays of 3000, the loan amount slowly decreased, because part went away by interest and part paid off the debt. Then the tinkoff bank bought out the liaison and we involuntarily became their clients with their card, we replaced the liaison card with tinkoff. We were told by phone that we should now pay to this card and we still have the same conditions, we paid 3000 every month regularly like good people, but we recently decided to check the balance, downloaded the application and were horrified, the amount not only did not decrease, but also increased to 92,000, the attention of the question now we have, we get in aggregate paid roughly for all the time 288,000! but they should have been 80,000. and so. the question is, does the law provide for an overpayment of such a plan, if, for example, we sue them, do we even have a chance that the debt will be written off? Now he is requesting documents in order to collect a complete picture. The current bank is not very willing, but provides us with some kind of paper, but here's how we can get data from a connected bank, because it doesn't exist as such anymore, we were offered to send an application, they gave us a mail and a postal address, but here's what heading to indicate ...

Lawyer Lagutkina Y. V., 924 responses, 618 reviews, online since 24.02.2019
28.1. Good morning, you have the right to write a claim, guided by that. that such an increase in the initial conditions violates the Federal Law "On Protection of Consumer Rights", respectively, then go to court.

29. Tinkoff Bank handed me over to Phoenix collectors in August 2016. I wanted to check if the statute of limitations had passed. They just sued.

Lawyer Titova L.V., 10953 responses, 4973 reviews, online since 06/24/2013
29.1. Hello Sergey. The limitation period is not counted from the moment the debt is transferred, but from the moment of the last payment. In any case, in order to more accurately say about the period, you need to know what period they take into account. If we count from August 2016, then three years have not yet expired.

Lawyer Kudrin O. E., 15129 responses, 8098 reviews, online since 03/20/2015
29.2. Good afternoon.
In order to accurately answer your question and help you need to know the details.
What does it mean to sue? Have you received a court order? Did you receive a claim?

Lawyer Sokolov D.G., 142248 responses, 33017 reviews, online since 11/23/2008
29.3. Sergey, the limitation period does not change from a change of persons in an obligation. You need to know when the violation of the rights of the creditor began. Contact a lawyer with all documents.

30. There was a Tinkoff card of 2010, a debt formed, then they did a restructuring, I paid for 3 years. It has been a long time since they sent a letter to Phoenix about the debt. I called the bank to send a certificate of payment for the restructuring, but in the end nothing was sent. Now Phoenix is ​​suing to recover a loan, what should I do?

Lawyer Kudrin O. E., 15129 responses, 8098 reviews, online since 03/20/2015
30.1. Good afternoon.
What does it mean to sue? Have you received a court order? Did you receive a claim?

Tinkoff sued, what to do? This issue becomes relevant for all customers who have not paid their money to the bank for a long time.

note! The claim is not filed immediately, since for each overdue day on payment, fines are charged that increase the amount of debt, and this is beneficial for the bank.

Does TCS sue its clients?

In the event that the debtor has not paid any for a long time, even, then over time the bank transfers the case to specialists who are engaged in the fight against short-term delays ( from 30 days). If no result is visible, then they start working and only then everything comes to court.

If you experience financial difficulties, you need to notify the bank. It is possible to reach an agreement on and avoid all proceedings in court.

According to the rules, the claim is filed the next day, but as practice shows, this happens no earlier than a year later.

Tinkoff decides when to apply based on many factors. For example, were there any minimum payments whether the debtor appears in communication.

Tinkoff sued: what to do?

The first thing a bank can do is file a claim with the Supreme Court. His the peculiarity is that the trial can take place even without the presence of the defendant. He will simply be sent a court decision by mail.

Usually the World Court sends an order with a demand to Tinkoff. In this case it is important to know what to do in order to cancel the judge's order.

To do this, you need not waste time, but within 10 days of receiving the letter, send your reply to the same address. The letter should contain the following: “I ask you to cancel the decision of the court, based on Art. 129 Code of Civil Procedure of the Russian Federation, send a copy of the decision to the specified address ".

If you do not have time to do this, then the order will come into force and will be sent to the bailiffs for its execution.

If the decision of the Justice of the Peace is canceled, then Tinkoff Bank already has the right to file a full application with the court at the place of registration of the debtor.

Then the client needs to collect as many official papers as possible, which can confirm the deterioration of the financial situation.

Such documents can be:

• Birth certificate of the child;
• dismissal order;
• Valid proof of income;
• Information about the course of treatment;
• Any other documents that could confirm a good reason for not repaying the debt to Tinkoff.

According to the reviews of Tinkoff debtors, the court is more often on the side of the bank and requires the payment of all debts, and therefore it is not worth hoping that the debt will still be “forgiven”. The best solution in this situation would be to emphasize that the client is ready to pay all debts, but ask that fines and penalties not be added to this amount.

Related videos:

According to Art. 451 of the Civil Code, an agreement with a bank can be terminated, but on condition that the client's situation in life has changed dramatically. For example, in connection with a long-term illness or disability.

The amount of the mandatory payment can be reduced, but on the condition that the debtor paid the loan earlier. To do this, it is necessary to provide the court with receipts and checks confirming that for a certain period of time it has faithfully fulfilled its obligations. But as a result of a certain situation, this became impossible.

In this case the final amount may decrease by 5%-95%.

What should I do if I receive letters from the Justice of the Peace?

In the World Court, the process of considering a case is carried out according to a simplified system. Thus, the judge has the right to issue his order after the expiration of 5 days from the time the claim was filed.

If the order has entered into its legal force, then the bailiffs have the right to incur costs from wages to pay off the debt to the bank or to confiscate the property of the client.

What to do if a decision comes from the Justice of the Peace:

1. Save the envelope with the letter. You will need it to confirm the date it was received.
2. Urgently file an appeal against the judge's decision.

note! All objections must be submitted to the Magistrate. If it is located on the territory of another city, then all claims can be sent by regular mail. The address of the court can be found on the website of the State Antimonopoly Service "Pravosudie".

Tinkoff Bank is aimed at increasing its acts, and therefore is ready to provide its customers with a profitable solution to the problem that has arisen. That is why he always suggests restructuring.

Can the client himself file a claim against Tinkoff Bank?

In the event of a dispute that cannot be resolved amicably in any way, the client has the right to independently file a claim against the bank.

To do this, it will be necessary to prepare a package of documents, which includes:

• Schedule for which the debt was repaid ();
• Checks and receipts confirming that the client regularly repaid his debts to the bank;
• Other official documents that could prove Tinkoff's guilt

note! It is better to sue the bank with the help of professional lawyers, lawyers. Then the chances of winning the case increase several times.

An application to the court can be submitted personally to the clerks of the court or sent by registered mail with notification. The letter must indicate the reason for the claim, detailing all your claims.

Arbitrage practice

After reviewing several cases that Tinkoff took to court for debt collection, you can see that that all claims are justified, legal and logical. That is why most of the claims were decided in favor of the plaintiff, that is, the bank.

So in judicial practice there were cases:

1. Tinkoff Bank filed an application for recovery from Rybakova O. G. All loan debt. The Gus-Khrustalny City Court of the Vladimir Region fully satisfied the claim of the creditor and ordered the defendant to pay the amount of the principal debt, as well as the state duty and all expenses.
2. The court of the Volgograd region satisfied all the requirements of the creditor, who asked to collect debts under the loan agreement, as well as all legal costs with gr. Faradzheva I.V.