Case No. 2-3758/2016

SOLUTION

Name Russian Federation

Central district court the city of Tver, consisting of:

presiding judge Stepanova E.A.,

under Secretary Kudryavtseva A.A.,

with the participation of the representative of the plaintiff Mesropyan N.A., acting on the basis of a power of attorney,

defendant N.I. Zvonkov,

Having examined in open court in the city of Tver a civil case under the claim of PJSC Bank «Trust» to Zvonkov N.AND. on the collection of debt under a loan agreement,

installed:

PJSC Bank "TRUST" appealed to the Central District Court of the city of Tver with a statement of claim against Zvonkov N.AND. on the recovery of debt under a loan agreement, court costs.

In support of the stated requirements pointed out that DD.MM.YYYY OAO NB «TRUST» and Zvonkov N.AND. entered into Agreement No. (Agreement 2, Payment Card Agreement) on the basis and conditions of the client’s application – offer, on the basis of which the loan agreement No. dated DD.MM.YYYY (contract 1).

Contracts 1 and 2 are concluded in an offer-acceptance form, in accordance with the provisions of Art. , And .

The loan under agreement 1 was provided on the terms and conditions contained in the loan application, conditions for granting and servicing loans, and tariffs. At the same time, the application for a loan also contained an offer from the client to conclude a mixed agreement with him, containing elements of an agreement on opening a bank account, an agreement on providing for use bank card in accordance with the Terms of Provision and Service of International Settlement Bank Cards of TRUST BANK, tariffs for the international settlement bank card of TRUST BANK, as well as other documents containing credit conditions.

In the application, the borrower agreed that the acceptance of his offer to conclude an agreement 1 is the actions to open an account and a special card account for him, and the conditions, tariffs and payment schedule are an integral part of the application and agreement 1.

In the application, the borrower also expressed his agreement with the terms and conditions of the payment card, the tariffs for the payment card, undertook to comply with them and asked the bank to conclude a payment card agreement with him, under which, in accordance with the conditions of the payment card, open a bank account/accounts for him and provide for the use of an international settlement bank card/cards of TRUST BANK (PJSC) with an allowed overdraft limit (settlement card).

In connection with the conclusion of the agreement 1 by the bank and the borrower, the borrower receives a payment card, with the terms of use of which he agreed in advance. Subsequently, at will, the borrower can activate this payment card, thereby concluding another agreement - agreement 2.

The Bank fulfilled its obligations. At the conclusion of the contract 1, the defendant received a settlement card No. with a permitted overdraft limit on the following conditions: the amount of the permitted overdraft limit - , interest for using the loan - , the validity period of the settlement card - DD.MM.YYYY. Thus, the bank and the borrower, by mutual agreement, entered into a mixed agreement, which was assigned No.

In accordance with clause 5.5 of the Payment Card Terms and Conditions, a loan is provided by the bank to the client for performing SCA transactions, the conduct of which is not limited by the payment card conditions, with a lack or absence of own Money to SCS for transactions. Operations mean non-cash payments (including payment for goods, services), receipt of cash at cash points and ATMs, depositing cash and crediting funds to SCA. According to clause 5.10 of the terms and conditions for the payment card, the client is obliged to repay the debt by paying at least minimum amount repayment during the payment period following the billing period. In case of non-payment of the minimum repayment amount within the established time limits or payment of an incomplete repayment amount, the defendant will be charged a penalty for missing the payment of the minimum repayment amount in accordance with the tariffs.

In violation of the terms of the payment card and the provisions of the law, the defendant does not take action and continues to evade execution commitments made by scheduled repayment current debt under contract 2, in connection with which, for the period from DD.MM.YYYY to DD.MM.YYYY, the defendant owed the bank a debt in the amount, including the amount of the principal debt in the amount, interest for using the loan in the amount

The defendant's violation of the terms of the loan agreement is significant, entails such damage for the Bank that the bank is largely deprived of what it has the right to count on when concluding the agreement.

In connection with the foregoing, the plaintiff filed a lawsuit against the defendant, and asks the court to recover from the defendant in his favor the debt under loan agreement No. in the amount of the cost of paying the state fee in the amount of

At the hearing, the representative of the plaintiff Mesropyan NA, acting on the basis of a power of attorney, supported the claims stated by the plaintiff in full on the arguments and grounds set forth in the statement of claim. He objected to the defendant's petition to terminate the proceedings on the arguments and grounds set forth in the written objections to the petition. He also explained that in the application, the borrower expressed his agreement with the Terms of the payment card, tariffs for the payment card, undertook to comply with them and asked the bank to conclude an agreement with him on the payment card, under which, in accordance with the Conditions for the payment card, open a bank account for him and provide for use an international settlement bank card with an allowed overdraft limit. According to clause 2.1 of the Terms and Conditions for the payment card, the bank concludes an agreement with the client by accepting the client's offer contained in the application by opening the SCA. At the same time, the bank accepts the client's offer to issue a card by issuing a card. The date of conclusion of the agreement is the date of activation of the card by the client. The card is handed over to the client non-activated or can be activated by the bank in automatic mode at the request of the client immediately upon its issuance. The bank and the borrower, by mutual agreement, entered into an agreement, which was assigned No. At the same time, the evidence indicating that the defendant handed over the payment card to the bank was not presented by the defendant, and the bank this information does not confirm.

At the hearing, the defendant N.I. , asked the court to apply the consequences of missing the deadline limitation period on late payments. At the same time, he explained that when concluding loan agreements, he received 2 bank cards, but after paying off the debt on loan No. 1, he returned the cards to the bank, he does not remember whether he used a payment card or not.

After hearing the representative of the plaintiff Mesropyan N.A., acting on the basis of a power of attorney, the defendant Zvonkov N.I., having examined the case materials, the court comes to the following.

According to the latter, the performance by the person who received the offer, within the period established for its acceptance, of actions to fulfill the conditions of the contract specified in it (shipment of goods, provision of services, performance of work, payment of the appropriate amount, etc.) is considered acceptance, unless otherwise provided by law, other legal acts or not specified in the offer.

The fact of the conclusion between the plaintiff and the defendant of the loan agreement No. is evidenced by the statement of Zvonkov N.AND. for a loan for urgent needs dated DD.MM.YYYY, profile of Zvonkov N.I. to the application for a loan for urgent needs, as well as the actions of the bank to open an account no.

As follows from the account statement No., agreement number No., start date of the agreement DD.MM.YYYY, card number No., card activation date DD.MM.YYYY, card credit limit

According to the defendant's application for a loan from DD.MM.YYYY, Zvonkov H.AND. understands and agrees that the creditor has the right to repeatedly make offers to establish and subsequently change credit limit on the payment card by sending the borrower an appropriate notification, the acceptance of which will be the actions of the borrower to activate and use the payment card / express the borrower's consent to the creditor with the amount of the credit limit on the payment card / express consent to the creditor to activate the payment card, if payment card was received by the borrower simultaneously with the conclusion of the contract.

As follows from the statement, Zvonkov N.AND. agreed that before activating the payment card, the borrower undertakes to familiarize himself with the information on the full cost of the credit on the payment card provided by the creditor in accordance with paragraph 2.2 of the application, and only if he agrees with the total cost of the credit on the payment card, take actions to activate the payment card / Express to the creditor your consent to activate the payment card, take actions to activate the payment card / express to the creditor your consent to activate the payment card

By his signature on the application, the respondent confirms the fact that he received one copy of the application, payment schedule, tariffs, card tariffs, payment card tariffs, payment card conditions, the memo of the insured person, which contains the conditions of the group insurance program for loans for urgent needs and / or collective insurance programs for cardholders, as well as the fact of receiving payment card No., consent to its activation.

The court has no grounds to doubt the validity of the will of the parties when concluding this agreement.

From the statement of the account of the defendant it follows that the defendant used the funds within the limits of the credit limit established by the plaintiff, and improperly fulfilled his obligations under the contract concluded with the plaintiff, which led to the formation of debt. Evidence of the return to the creditor of payment card No. was not presented to the court.

At the same time, the court sees no grounds for terminating the proceedings under par. 3 art. , since, as follows from the operative part of the decision of the justice of the peace of the court district No. 4 of the Proletarsky district of the city of Tver dated DD.MM.YYYY, National Bank"TRUST" (JSC) turned to Zvonkov N.Yu. with claims for the recovery of debt under loan agreement No. dated DD.MM.YYYY, while in the framework of the civil case under consideration, the subject of the claim is the debt under loan agreement No. In connection with the foregoing, the grounds and subject matter of the lawsuit previously filed by PJSC NB "TRUST" are other than those considered in the framework of this civil case.

Based on the foregoing, the court concludes that the statute of limitations on the plaintiff's claims for the recovery of interest on the loan, a fine for missing the minimum payments that arose before DD.MM.YYYY in the amount has expired. The amount of debt under the loan agreement as of DD.MM.YYYY will be

By virtue of h.1 Article. court expenses consist of the state fee and the costs associated with the consideration of the case.

According to h.h. 1.2 Art. the party in whose favor the court decision was made, the court awards on the other side all the court costs incurred in the case. If the claim is satisfied in part, the court costs indicated in this article shall be awarded to the plaintiff in proportion to the amount of claims satisfied by the court, and to the defendant in proportion to that part of the claims in which the plaintiff was denied.

Claimant paid the state duty in the amount, as evidenced by payment orders from DD.MM.YYYY №, from DD.MM.YYYY №. In connection with the foregoing, the costs of paying the state fee in the amount of

Based on the foregoing, guided by the articles - Code of Civil Procedure of the Russian Federation, the court

decided:

Claims of PJSC Bank "Trust" to Zvonkov N.AND. for the recovery of debt under the loan agreement to partially satisfy.

recover from Zvonkov N.AND. in favor of PJSC Bank "Trust" debt under the loan agreement No. in the amount, as well as a state fee in the amount of

The decision can be appealed by the parties on appeal to the Tverskoy Regional Court through the Central District Court of the city of Tver within a month from the date of its manufacture in the final form.

Judge signature E.A. Stepanova

Court:

Central District Court of Tver (Tver Region)

Plaintiffs:

Public Joint Stock Company National Bank "TRUST"

Respondents:

Zvonkov N.I.

Judges of the case:

Stepanova Ekaterina Alexandrovna (judge)

Litigation on:

Recognition of the contract as not concluded

Judicial practice on the application of the norm of Art. 432 of the Civil Code of the Russian Federation

For loans, for loan agreements, banks, bank agreement

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

Limitation period, by statute of limitations

Judicial practice on the application of the norms of Art. 200, 202, 204, 205 of the Civil Code of the Russian Federation

DISTRICT COURT OF YAROSLAVL

Plaintiff: my_trust
1500XX, Yaroslavl, ...

DEFENDANT: JSC National Bank "TRUST"
branch in the city of Yaroslavl
150000, Yaroslavl, Svobody, 3

THIRD PARTY: CJSC Sequoia Credit Consolidation
127473, Moscow, st. Krasnoproletarskaya, 16, building 2

In accordance with paragraph 2 of Article 333.36 of the Tax Code of the Russian Federation and paragraph 3 of Art. 17
Law "On Protection of Consumer Rights"
the plaintiff is exempt from paying the state fee

STATEMENT OF CLAIM

On June 21, 2007, I, my_trust, entered into an agreement with JSC National Bank "TRUST" (hereinafter - the Bank) on the provision of a credit limit and the issuance of a credit card (hereinafter - the Agreement).
On the same day, I was opened a bank account No. 408178109080XXXXXXXX and issued a credit card No. XXXX XXXX XXXX XXXX.
After some time, this credit card was lost by me, in connection with which I turned to the Yaroslavl branch of the Bank to block the lost credit card and replace it with a new one, in accordance with the Terms of Service and Provision Credit Cards NB "TRUST" (JSC) (clause 6.1.13).
I could not get a new card, because it was not available at the Yaroslavl branch of OJSC NB TRUST, the Bank's employees did not inform me when it would be made and when exactly I would be able to receive it.
After repeated visits to the Bank's branch, the Bank's employees assured me that when the credit card in my name arrives at the branch, they will definitely notify me, all my contact details are available in the Bank (address of registration and actual place of residence, mobile and work phone numbers).
However, for unknown reasons, I was not given a bank card, I did not receive any information from the Bank, although until now all my contact details have remained the same.
That is, from the moment of the loss of the card, I did not carry out (could not carry out) expenditure operations account using this card.
In April 2010, I received a claim from NB TRUST OJSC, from which it followed that the Bank had charged fines to the bank account opened for me under the Agreement in accordance with the tariffs for a total of 1,100.00 rubles.
According to the Tariff Plan "Client", which is an integral part of the Agreement, the fee for maintaining an account when a card is provided, reissued at the initiative of the client, during the validity period of the card is 300.00 rubles.
Since I applied to the Bank with a request to replace the lost credit card with a new one, and thus assumed the obligation to pay for the Bank's services for reissuing a bank credit card in the amount of 300.00 rubles, then on June 03, 2010 I paid the indicated amount, which is confirmed by incoming cash order No. 0605. I fulfilled my obligation to pay for the reissuance of a credit bank card as soon as I became aware of this fact.
I did not receive a reissued credit card, because after the aggressive and illegal actions of NB Trust OJSC, I do not want to have a contractual relationship with it.
Actions of JSC NB "TRUST" on the accrual of fines for missing the minimum payments in the amount of 300.00 rubles and 500.00 rubles I consider illegal, violating my rights and interests.
In accordance with the Terms of Provision and Maintenance of Credit Cards of NB "TRUST" (OJSC) and with the tariff plan "Client", penalties are provided only for missing the payment of the minimum installment, which is paid to repay the loan - skipping the payment of the minimum installment for the second time in a row is 300 rubles and the third time in a row - 500 rubles.
In accordance with Art. 330 Civil Code Russian Federation, a forfeit (fine, penalty interest) is a sum of money determined by law or contract, which the debtor is obliged to pay to the creditor in case of non-performance or improper performance obligations, in particular in the event of delay in performance.
Consequently, a fine is a way of securing obligations, which is a form of property liability for their violation, and in order to recover a fine, it is necessary to have the fact of non-fulfillment or improper fulfillment of the obligation by the debtor.
However, the Bank itself did not fulfill the conditions for the timely provision of a bank credit card to me for use, i.e. I physically could not carry out debit transactions on the account - use credit funds, in connection with which I did not have (absent) the obligation to pay the minimum payments on the card in accordance with the stipulated tariffs.
That is, the Bank unreasonably and illegally demands payment of a fine in the amount of 800.00 rubles (300.00 rubles + 500.00 rubles = 800 rubles).
I stated my position in writing in a statement to the Bank dated 04/09/2010, but the Bank did not stop its actions to recover penalties from me.
Currently, the collection of funds is carried out by collection agency CJSC Sequoia Credit Consolidation, which requires me to pay a sum of money in the amount of 1,100.00 rubles, i.e. even without taking into account the 300.00 rubles deposited by me in the Bank on account of reissuing the card.
I do not know on what grounds it operates: whether the right to demand payment of the debt was transferred by the Bank to the agency and it is a new creditor, or the agency acts on behalf of the Bank (creditor).
Thus, the Bank's actions to unreasonably collect debts from me are unlawful and violate my rights and legitimate interests.

According to Art. 15 of the Law of the Russian Federation "On consumer protection" and Art. 151 of the Civil Code of the Russian Federation, moral damage caused to the consumer as a result of a violation by the manufacturer (seller, performer, etc.) of consumer rights, provided for by the laws and legal acts of the Russian Federation regulating relations in the field of consumer rights protection, is subject to compensation by the tortfeasor in the presence of his fault.
As a result of the illegal actions of JSC National Bank "TRUST", I suffered significant moral damage associated with the unlawful accrual of fines and the defendant's evasion of liability, i.e. by infringing on my rights, the defendant caused me moral suffering, because I had to postpone personal affairs, come to the Bank and prove my rights, conduct telephone conversations, seek advice, etc. more than once.
In addition, in connection with attempts to unreasonably collect the above amount from me, I experience constant inconvenience and fear, since Sequoia Credit Consolidation CJSC (on behalf of the Bank) by all possible ways trying to recover this amount(multiple phone calls in the morning and evening), agency employees put pressure on me, point out the negative consequences of not returning this amount, up to the deprivation of all property and property of relatives, criminal liability, etc.
Moreover, the Bank intends to place information about me as unscrupulous borrower in the office credit histories, which will entail problems for me in relation to other credit organizations for issuing a loan, since I am a regular client of such organizations.
Based on considerations of reasonableness and fairness, I estimate the non-pecuniary damage caused to me in the amount of 60,000 rubles.

According to paragraph 1, 2 of Art. 98 Code of Civil Procedure of the Russian Federation to the party in whose favor the decision of the court took place, the court awards reimbursement on the other side of all the court costs incurred in the case.
Thus, the defendant is subject to recovery of legal costs, consisting of the costs of legal services for consultation and preparation of a statement of claim for the protection of consumer rights in the amount of 1660 rubles (190 rubles + 1470 rubles) .

In accordance with the provisions of the Law of the Russian Federation "On the Protection of Consumer Rights", claims for the protection of consumer rights can be brought to the court at the place of residence of the plaintiff (clause 2, article 17 of the Law) without paying a state fee (clause 3, article 17 of the Law).

Based on the foregoing, guided by Article.Article. 151, 330 of the Civil Code of the Russian Federation, art. 15, 17 of the Law of the Russian Federation "On the Protection of Consumer Rights", Art. 131, 132 Code of Civil Procedure of the Russian Federation

ASK:

1. To recognize the actions of JSC National Bank "TRUST" on the accrual of fines in relation to my_trust in the amount of 300.00 rubles and 500.00 rubles illegal.
2. Collect from JSC National Bank "TRUST" in favor of my_trust sum of money in compensation moral damage in the amount of 60,000 rubles.
3. Collect from JSC National Bank "TRUST" in favor of my_trust the costs of legal services for consultation and preparation of this statement of claim in the amount of 1660 rubles.

Application:
1. Copy of the statement of claim.
2. Conditions for the provision and maintenance of Credit Cards of NB "TRUST" (JSC).
3. A copy of the conditions of the Tariff plan "Client"
4. A copy of the application for a card dated 21.06.2007.
5. A copy of the receipt for receiving the card No. XXXX XXXX XXXX XXXX dated 21.06.2007.
6. A copy of the incoming cash order No. XXXX dated 03.06.2010.
7. Copy of the application (claim) dated 07.04.2010.
8. A copy of the Bank's response to the application (claim) dated 20.05.2010.
9. Copies of the contract for the provision of legal services for the preparation of a statement of claim for the protection of consumer rights and an acceptance certificate.
10. A copy of the receipt of payment for legal services for the consultation.
11. A copy of the receipt of payment for legal services for the preparation of the statement of claim.

Circumstances: The plaintiff refers to the fact that the contract was concluded, the defendant does not fulfill its obligations under the contract.
We draw your attention to the fact that this decision could be challenged in a higher court and canceled

BELGOROD REGIONAL COURT

Judicial Collegium for Civil Cases of the Belgorod Regional Court consisting of:
presiding Motlokhova The.AND.
judges Lyashchovskoy L.I., Efimova D.A.
with secretary B.
considered in an open court session a civil case at the suit of a public joint-stock company National Bank "TRUST" to K. for the recovery of debt under a loan agreement
on appeal K.
against the decision of the Starooskolsky City Court of the Belgorod Region dated April 03, 2017.
After hearing the report of Judge Efimova D.A., the panel of judges

installed:

PJSC NB "TRUST" filed a lawsuit against K. for the recovery of debt under the loan agreement, stating in support of the claims that, on the basis of the defendant's application on 12.12.2011, agreement N 2035229517 was concluded between them and the bank, according to which the a bank account, a settlement card N was issued with a validity period of 36 months with a permitted overdraft limit of 23,299 rubles. subject to payment of 51.10% per annum for use credit funds. Referring to the cases admitted by the borrower of untimely and insufficient payments to repay the debt and pay interest, the plaintiff asked to recover from K. a debt in the amount of 91,157.18 rubles, of which: 31,123.93 rubles. - the amount of the principal debt; RUB 60033.25 - Interest on the loan.
The representative of the plaintiff did not appear at the hearing, submitted a petition for consideration of the case in his absence.
Defendant K. did not recognize the claim at the court session, referred to the fact that the plaintiff missed the limitation period, pointing out that the limitation period must be calculated from May 2013, since last payment the bank received on 04/10/2013, asked to apply the consequences of missing such a deadline.
By the decision of the Starooskolsky City Court of the Belgorod Region dated 04/03/2017, K. in favor of PJSC NB "TRUST" recovered the debt under the loan agreement N 2035229517 in the amount of 91,157.18 rubles, as well as the costs of paying state duty in the amount of 2,935 rubles.
In the appeal of K., referring to the violation by the court when making a decision of the norms of substantive law, the inconsistency of the court’s conclusions with the circumstances of the case, indicating that the court incorrectly calculated the limitation period, since he made the last payment on 04/10/2013, the plaintiff should have learned about the violation of his right in the period after May 2013, due to which, at the time of applying to the court, the limitation period for claiming the last payment had expired, unreasonably rejected the petition to apply the consequences of its omission, asks the court decision to cancel, to take a new decision on the case to refuse to satisfy the requirements.
The parties, who were notified of the time and place of the court session in a timely and proper manner, did not appear at the court of appeal, and did not report the reasons for their non-appearance.
After checking the legality of the judicial act according to the rules of Part 1 and 2 of Art. 327.1 Code of Civil Procedure of the Russian Federation within the arguments set out in the appeal, in the absence of grounds for going beyond the above arguments, the panel of judges considers that the contested judicial act on the basis of Art. 330 Code of Civil Procedure of the Russian Federation is subject to cancellation on the following grounds.
By virtue of the provisions of h. 1 Article. 195, part 4 of Art. 198 Code of Civil Procedure of the Russian Federation and clarifications of the Plenum Supreme Court of the Russian Federation, set out in paragraphs 1 - 4 of the Decree of December 19, 2003 N 23 "On judgment", the decision must be lawful and justified, taken in strict observance of the rules of procedural law and in full compliance with the rules of substantive law that are subject to application to this legal relationship, when the facts relevant to the case are confirmed by relevant and admissible evidence examined by the court, or circumstances not requiring proof, and when the decision contains exhaustive conclusions of the court, arising from the established facts.
The challenged judicial act does not fully comply with the above provisions of the law.
The Court of First Instance established and is not disputed by the parties that on October 25, 2011, between PJSC NB "TRUST" and K., on the basis of the latter's application, a loan agreement N 01-276150 was concluded for a loan in the amount of 47,230.58 rubles. for a period of 38 months with the condition of repaying the loan in equal annuity payments. There is no dispute regarding the fulfillment of obligations under this loan agreement.
The same application of the respondent (case sheet 15) contained a proposal to conclude a second agreement on the provision of an international payment bank card with an allowed overdraft limit on the conditions specified in the application, as well as in the "Terms and Conditions for the provision and maintenance of international payment bank cards with an allowed limit overdraft" (hereinafter referred to as the Card Terms) and in the Tariffs for the international settlement bank card of NB TRAS (OJSC) with an allowed overdraft limit" (hereinafter referred to as the Card Tariffs). Such Conditions and Tariffs are presented by the bank in the case materials (case sheets 14 - 27).
According to clause 2.1 of the Card Terms, such an agreement is considered concluded after the client receives a notification from the bank about the overdraft limit from the moment the client activates the bank card. The respective actions were taken by the parties on 12.12.2011.
Since 12.12.2011, K. has been using the credit funds provided by the Bank to pay for purchases and receive cash, which follows from the statement on the movement of funds on the card account (case sheet 9-11).
The circumstances of the conclusion by the parties of the second agreement, to which PJSC NB "TRUST" assigned N 2035229517, containing the conditions for the plaintiff to provide a loan in the form of an overdraft K., are not disputed by the parties, confirmed by the evidence presented in the case file
From the calculation presented by the plaintiff, at the time of applying to the court, K.'s debt on the principal amounted to 31,123.93 rubles, on payment of interest for using the loan - 60,033.25 rubles.
According to the documents submitted by the bank, the overdraft limit set by K. under contract No. 2035229517 was 23,299 rubles. The plaintiff, despite the presentation of a demand for the recovery of the principal debt in the amount of 31,123.93 rubles, exceeding the overdraft limit, does not refer to an increase in such a limit in the manner prescribed by the contract and does not provide evidence of such an increase.
The interest rate for the use of credit funds according to the agreement is 0.14% per day, and if the loan is repaid within a grace period of 55 days - 0%, which is reflected in the Tariffs on the card.
According to Clause 5.10 of the Terms and Conditions on the card, the loan must be repaid by monthly payment of the minimum repayment amount during the payment period that follows the billing period (case sheet 24).
The concepts of "minimum repayment amount", "settlement period" and "payment period" are given in section 1 of the Card Terms (case sheet 22 - 23).
According to the terms billing period- this is a monthly period, the beginning of which is determined by the date of activation of the card by the client, and the end - by the previous date of the day of activation of the card of the next month. Each subsequent billing period starts on the date following the end date of the previous billing period and ends on the day of the next month preceding the activation day.
The billing period is also the monthly period following the end date of the billing period.
The minimum repayment amount, as follows from this section, is equal to the lesser of two amounts, the first of which is the amount due, and the second is the larger of the following values: the amount of the minimum payment calculated in accordance with the Tariffs or the amount over-limit debt, unpaid interest as of the due date, overdue principal and fees, or minimum size the minimum payment set by the tariffs.
In accordance with Art. 196 of the Civil Code of the Russian Federation, the general limitation period is set at three years.
For obligations with a certain performance period, the limitation period begins at the end of the performance period (clause 2, article 200 of the Civil Code of the Russian Federation).
When evaluating the arguments of the complaint about the incorrect application by the court of the consequences of missing the limitation period, the Judicial Board proceeds from the obligation of the borrower to repay the debt by paying the minimum repayment amount during the payment period, provided for by the terms of the agreement of the parties.
From the calculation of the debt, compiled by the plaintiff on the basis of the data reflected in the statement of the movement of funds on the card account, it follows that from 04/11/2013 K. does not fulfill credit obligations.
Since the overdraft in the amount of 29094.93 rubles. arose on the defendant’s card no later than 04/11/2013, the return of the debt and the overdraft fee under the Bank’s Terms and Conditions should have been made no later than 05/13/2013, from 05/14/2013 the limitation period for the obligation to return the overdraft and interest for using it begins to run. Therefore, the last day of the limitation period was May 13, 2016.
This statement of claim was filed with the court on 02/01/2017. Previously, the bank applied to the world court with an application for extradition court order, namely 11/25/2016, that is, also outside the established Art. 196 and paragraph 2 of Art. 200 of the Civil Code of the Russian Federation.
As explained in par. 2 p. 26 of the Decree of the Plenum of the Supreme Court of the Russian Federation of September 29, 2015 N 43 "On some issues related to the application of the norms of the Civil Code of the Russian Federation on the limitation period", in accordance with paragraph 1 of Art. 207 of the Civil Code of the Russian Federation with the expiration of the limitation period for the main claim, the limitation period for additional claims is also considered to have expired.
Thus, the statute of limitations on the claim for the collection of interest for the use of the overdraft on the day the claim was filed also expired.
According to Art. 199 of the Civil Code of the Russian Federation, the expiration of the limitation period, the application of which is declared by the party to the dispute, is the basis for the court to issue a decision to dismiss the claim. If it is established that a party to the case has missed the limitation period and there are no good reasons for restoring this period for the plaintiff - individual, then if there is a statement from the proper person about the expiration of the limitation period, the court has the right to refuse to satisfy the claim only for these reasons, without examining other circumstances of the case (paragraph 15 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated September 29, 2015 N 43).
Since the plaintiff applied to the court with the omission of the limitation period, the application of which was declared by the defendant, and did not provide evidence of the validity of the reasons for its omission, the satisfaction of the stated requirements should be denied.
Payments erroneously credited to the account of K. by the bank on November 20, 2014, January 27, 2015, February 25, 2015, March 25, 2015, and subsequently debited from this account, do not prove that the defendant committed actions indicating the recognition of the debt, since these operations were performed in addition to his will, and do not affect the calculation of the limitation period.
For the same reasons, the calculation of the limitation period and the circumstances of reflection in the statement of personal account for the period from 12/12/2011 to 01/20/2017 payment on 12/25/2013 fines in the amounts of 390 rubles, 690 rubles, 890 rubles, since the bank independently wrote off these funds to pay off fees in violation of the conditions tariff plan, including without the receipt of funds to a special card account (clause 10), by providing the indicated amounts on account of an overdraft in excess of the limit, while the bank does not refer to an increase in such a limit in the manner prescribed by the agreement and does not provide evidence of such an increase.
In civil law, there is a presumption that participants in civil legal relations must use their rights in good faith and reasonably, showing the necessary degree of care and discretion (Article 401 of the Civil Code of the Russian Federation), and not allow abuse of the right (Article 10 of the Civil Code of the Russian Federation). In practical terms, this means that the burden of the negative consequences of the fact that the right holder did not properly use the right, is borne by him.
Under such circumstances, the court decision is subject to cancellation with the adoption of a new decision to refuse to satisfy the claim of PJSC NB "TRUST" against K. for the recovery of debt under the loan agreement.
Guided by Art. Art. 328 - 330 Code of Civil Procedure of the Russian Federation, judicial board

Bank "Trust" on October 10 filed a lawsuit against the publishing house "Kommersant" in the Moscow arbitration, the newspaper "Vedomosti" writes. A credit institution seeks compensation for damage to business reputation allegedly caused by an article dated October 5, dedicated to financial crisis. Claims amount to 100 million rubles.

The Kommersant article titled "Early Market" said that Trust Bank had suspended lending to companies and was negotiating with borrowers about early repayment debts.

Bank Trust

Visitors to the legal consultation asked 130 questions on the topic "Bank Trust". On average, the answer to a question appears in 15 minutes, and for a question, we guarantee at least two answers, which will begin to arrive within 5 minutes!

Bank Trust filed a lawsuit. The court took place without me in another city. The bank demands the return of 24,377 rubles! The salary in my hands is 18-19 thousand rubles. The child is 7 years old, my wife does not work.

How to sue a bank trust

Bank "TRUST" began to actively file claims against the Debtors exclusively in the Sovetsky District Court of Ufa. regardless of the place of residence of the borrower (respondent).

On November 15, 2011 National Bank TRUST (OJSC) (hereinafter referred to as the Bank, Claimant) and D.D.D. (hereinafter referred to as the Borrower, Respondent) entered into loan agreement No. 03-247764 (hereinafter referred to as the Agreement).

In accordance with the terms of the Agreement contained in the Application for a loan (hereinafter referred to as the Application), the Conditions for the provision and servicing of loans by NB TRUST (OJSC), the Tariffs of NB TRUST (OJSC), as well as in other documents containing credit conditions The loan is provided on the following terms:

In the Application/Application Questionnaire, the Borrower agreed that the acceptance of his offer to conclude the Agreement is the Lender's actions to open an account for him, and the Tariffs, Conditions, (Payment Schedule) are an integral part of the Application/Application Questionnaire and the Agreement.

Can I sue a bank trust?

1 answer. Moscow Viewed 93 times. Asked 2012-04-24 13:51:12 +0400 in the topic "Other questions" Good day, I live in a communal VK. a neighbor rented out one of the rooms to chumps! - Good day, I live in a communal VK. a neighbor rented one of the rooms to chumps. Further

1 answer. Moscow Viewed 19 times. Asked 2013-05-30 10:12:20 +0400 in the topic "Law enforcement" Does the bank have the right to install an ATM (strong noise from the server in the bank itself) under residential privatization.

Why Banks Don't Sue Debtors

Some are tormented by the question why banks do not sue debtors? After all, it often happens that debtors have a great desire to financial institution The person who gave them the loan sued them. But banks are delaying filing an application, using the services of such annoying collectors, just not to sue the debtor. Let's try to figure out what could be the reason for such strange behavior.

SUBJECT: TRUST went to court

In order for the bank to go to court, at least 6 consecutive months of non-payment on the loan must pass. And I owed to TRUST for 5 months in a row, they frightened me with a court, even sent a fake lawsuit, and then when it didn’t work, they began to persuade me to restructure.

Departure home to the debtor they practiced. They came to me a dozen times, but I never opened the door, they left letters under the door and that's it. They don't break much.

Trust bank complaint

Personally, I, repeatedly, in the office of the TRUST bank in Lipetsk, explained the current situation to the employees, at the same time making every effort to pay the debt (involving borrowed funds for repayment), respectively, not hiding from anything and from no one.

But, it is not clear for what reasons, threats against me began from the side of bank employees. Moreover, on the night of February 26, 2013, a bank employee who came to me stated in a boorish form that on his call from the Moscow branch of the bank people would come and treat me like Pakhomov, a deputy of the Lipetsk City Council (rolled into a barrel of cement).

What to do if the bank sued for non-repayment of the loan?

The Deposit Insurance Agency started an audit credit institution"Svyaznoy Bank" for the possibility of carrying out the procedure for its financial recovery. Another option for the development of the situation may be the revocation of the license from Svyaznoy Bank. As it became known to "Kommersant", in Svyaznoy Bank ...

The banking news of the current week turned out to be quite positive for citizens wishing to take out a loan - Sberbank and UBRD lowered rates on consumer loans, while Globex and Rosselkhozbank announced a reduction in mortgage rates.

Legal services in Khabarovsk for individuals and legal entities

I save your money. This means that if you have a 100% unpromising business, I will immediately inform you about it, without instilling false hopes. Immediately, and not when you pay an advance payment, pay for several court hearings, you will be mentally in a state of court for half a year and the court will decide the case not in your favor.

I take care of your nerves. Turning to a competent specialist who helps you in solving your problems allows you to stop panic, feel safe and, as a result, make the right decisions, take adequate and appropriate actions, and not lock your life on the problem to the detriment of work and family.

Dear Olga! Article 159 of the Criminal Code of the Russian Federation. Failure to fulfill obligations of harm to health
1. Intentional infliction of grievous bodily harm, dangerous to human life, or resulting in loss of vision, speech, hearing, or any organ, or loss of an organization, or termination of activity by an individual entrepreneur.
In the event of the expiration of the urgent employment contract during a woman's pregnancy, the employer is obliged, upon her written application and upon presentation of a medical certificate confirming the state of pregnancy, to extend the term of the employment contract until the end of the pregnancy. A woman whose employment contract has been extended until the end of pregnancy is obliged, at the request of the employer, but not more than once every three months, to provide a medical certificate confirming the state of pregnancy. If at the same time the woman actually continues to work after the end of pregnancy, then the employer has the right to terminate the employment contract with her due to its expiration within a week from the day when the employer found out or should have found out about the fact of the end of pregnancy.
It is allowed to dismiss a woman due to the expiration of the employment contract during her pregnancy, if the employment contract was concluded for the duration of the duties of the absent employee and it is impossible, with the written consent of the woman, to transfer her before the end of pregnancy to another job available to the employer (as a vacant position or job, corresponding to the woman's qualifications, as well as a vacant lower position or lower-paid job) that a woman can perform, taking into account her state of health. At the same time, the employer is obliged to offer her all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.
Termination of an employment contract with women with children under the age of three, single mothers raising a child under the age of fourteen (a disabled child under eighteen), other persons raising these children without a mother, at the initiative of the employer PRIVATE LEGAL COMPLAINTS) EXCEPT FOR THE CASES
CONSIDERATION OF ACTIVITIES UNDER ART. 128 Code of Criminal Procedure of the Russian Federation.
AND ARTICLES OF REFUSAL IN THE LOAN PROCEDURE FOR ATTRACTION OF WORK, SUPPORTING DOCUMENTS, AS WELL AS PAYMENTS FOR AN APARTMENT ABOUT INHERITANCE SHOULD BE OBTAINED FROM EXECUTION OF SEPARATE BENEFITS UNDER SOCIAL INSURANCE CONTRACT.
PRODUCE THE APPLICATION OF THE SALE OF YOUR CONSENT TO THE COURT.
Art. 12.1 of the Code of Administrative Offenses of the Russian Federation Violation of the rules for registering a citizen of the Russian Federation at the place of stay or at the place of residence in residential premises in the Russian Federation -
shall be punishable by a fine in the amount of up to 200 thousand rubles or in the amount of wages or other income of the convicted person for a period of up to one year, or by compulsory labor for a term of 180 to 240 hours, or by corrective labor for a term of up to two years, or by deprivation of liberty for a term of up to two years.
2. The same acts committed with the aim of concealing another crime or facilitating its commission, -
shall be punishable by deprivation of liberty for a term of eight to fifteen years, with or without a fine in the amount of up to 500 thousand rubles or in the amount of the wage or salary, or any other income of the convicted person for a period of up to six months.
4. Theft committed:
a) an organized group
b) by a person using his official position, -
shall be punishable by a fine in the amount of 100 thousand to 300 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to three years, or by compulsory labor for a term of up to three years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or imprisonment for up to five years.