Why Tinkoff Bank is not suing. Tinkoff Bank sued - what to do, how to cancel the decision and reduce the amount of debt? Court and Tinkoff

And again credit letters of HAPPINESS this time from Tinkoff-Bank, which has already applied for a court order.

Please note that in the previous video, I talked about how banks act in a tricky way with court orders and do not fall for the trick of insidious bankers. And now, on the phone, Tinkoff Bank tells you that you have been sued, and a week later you receive a letter.

Let's start with the fact that this is an APPLICATION for extradition court order and not the order itself. And the bank has no interest in informing you that it has applied to the world court for a court order, because, as you know, it is easier for the bank to get a court order quietly and then either to the bailiff or to the bank where you have salary card, or take it to your work if the amount is less than 25,000 rubles. Therefore, this piece of paper is a clumsy show-off, speaking in the vernacular. The usual scarecrow.

Of course, Tinkoff Bank now has a practice of obtaining court orders. Even despite the fact that the bank is located in Moscow, it sends documents by mail to the Magistrate's Court at your registration address and also receives a court order by mail. So be careful, secure your salary and property in advance and stop making non-cash transactions with your cards. If the court order is highlighted, you can cancel it, it's not difficult - instructions for canceling a court order are here.

But despite the fact that Tinkoff really works with court orders, this piece of paper is a scarecrow. As long as its purpose is to intimidate you. So that you pay before the court with all fines and penalties.

The following also speaks of this:

The header does not indicate which magistrate's court, the site number is not indicated. The office may be denied for this reason
The text itself is written correctly and everything is correct, but at the end there is no seal, no signature, no date. And this can also be grounds for refusal in court. It's not fools sitting in the bank - they just see you as a fool.
Well, from below, so that you get scared, it is indicated that, by order of the court, they will withhold wages, but there is the federal law"About enforcement proceedings”, N 229-FZ
Article 9

Executive document on the collection of periodic payments, on the collection of Money, not exceeding twenty-five thousand rubles in the amount, may be sent to an organization or other person paying wages, pensions, stipends and other periodic payments to the debtor, directly by the claimant

So if the amount is more, then it's scarecrows. Well, you need to know where you work. Well, this piece of paper may be a harbinger of a court order, but so far, among my subscribers, those who received this scribble have not suffered from the court order itself. It is precisely because it is pointless to warn the borrower about this to the bank - it is easier to do everything in silence. And you write in the comments - did you get this and how are things with our favorite brewer now.
Well, like if the information was useful. And share with your friends, maybe it will help someone too.

Tatyana Frolova

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Getting a loan is easy, but repaying the debt can be a problem. It is important for clients to know what to do if the bank files a lawsuit, and how to sue Tinkoff Bank yourself in order to reduce the amount of debt or not return it at all.

Tinkoff is indeed suing customers who have made long delays. But the bank is in no hurry to file a claim, since penalties are set for each day of delay, and it is beneficial for it to increase the amount of the overpayment.

Fact! The borrower can avoid litigation if he notifies about financial difficulties in time. When there are really good reasons, the debt can be restructured.

If you do not take any steps to negotiate with Tinkoff bank, the case will be transferred first to specialists in working with short-term debt (up to 30 days of delay), and then to collectors. If their actions do not give a result, the dispute is decided by the court.

The period through which the claim will be filed is set individually and depends on many factors, including whether the person gets in touch, whether he paid at least one minimum payment.

By law, a claim can be filed as early as the next day of delay, but in practice, litigation usually begins no earlier than a year later.

What to do if Tinkoff Bank sued?

Usually, having received a pre-trial claim or subpoena, people become confused. You can solve the problem in 2 ways:

On one's own.
With the help of a lawyer.

If problems with paying debts arose due to financial difficulties, there may not be money to pay for the work of a lawyer. In this case, you need to independently prepare evidence confirming the deterioration financial position, For example:

salary certificate;
a copy of the work book confirming the loss of work.

Deterioration of health must be confirmed by certificates from a medical institution.

Important! According to Art. 451 of the Civil Code, the contract can be terminated if the circumstances of a person have changed significantly, for example, he received a disability or was ill for a long time.

Checks and receipts submitted to the court will confirm that the debtor fulfilled his obligations in good faith, but stopped paying for reasons that are beyond his control.

With an appropriate evidence base, the amount of debt can be reduced by an amount from 5% to 95%.

Actions of the debtor upon receipt of the letter of the justice of the peace

A court order is issued under a simplified procedure. There is no full hearing of the case and no summons of the parties. According to Art. 126 of the Code of Civil Procedure, the judge may issue an order after 5 days from the date of receipt of the application.

It is important to know! The order can be challenged within 10 days. Otherwise, the document will be sent bailiffs for execution. In terms of legal force, an order is equivalent to a writ of execution.

Bailiffs may seize property or make deductions from wages.

Necessary actions upon receipt of an order:

keep the envelope to confirm the date of receipt of the document;
immediately appeal the order.

In the event of a dispute with Tinkoff, objections are submitted to the magistrate who issued the order. If the court is located in another city, objections can be sent by mail. You can view the addresses using the GAS "Pravosudie" service.

How can a client file a claim?

If the contentious matter cannot be resolved amicably, it is necessary to prepare a claim. Attached to the application:

account statements;
debt repayment schedule;
other financial documents proving the fault of the bank.

The claim can be filed in person with the clerk of the court or sent by registered mail with notification. The claim should state the subject of the claim, for example, write that the bank has violated the terms of the contract and requires payment of a larger amount than it should be.

Only a psychiatric examination will help to completely relieve oneself of obligations, which will prove that at the time of signing the contract the borrower did not control his actions (for example, he was under the influence of passion or suffered from an exacerbation of mental illness). It is worth turning to this kind of expertise only when there is a real precedent. Manipulations and lies will be figured out by doctors, and in addition to the fact that the debt will not decrease, the person's reputation before the court will be damaged. Actions of the debtor upon receipt of the letter of the justice of the peace The court order is issued according to the simplified procedure. There is no full hearing of the case and no summons of the parties. According to Art. 126 of the Code of Civil Procedure, the judge may issue an order after 5 days from the date of receipt of the application. It is important to know! The order can be challenged within 10 days. Otherwise, the document will be sent to the bailiffs for execution.

Tinkoff Bank sued

TIN 7710140679, KPP 775001001, form series 77 No. 010022129. 2) License to carry out banking operations confirming the right of Tinkov Credit Systems Bank (CJSC) to conduct banking, as well as lending to individuals during the period of conclusion of the contract (from 29-12-2010). 3) Documents confirming the identity of the representative and the conformity of his signature on certified copies. According to the Code of Civil Procedure of the Russian Federation: Article 132 of the Code of Civil Procedure of the Russian Federation. Documents attached to the statement of claim: “The statement of claim shall be accompanied by: - its copies in accordance with the number of defendants and third parties; - a document confirming the payment of the state fee; - a power of attorney or other document certifying the authority of the plaintiff's representative; - documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for the defendants and third parties, if they do not have copies; ... "Article 135.

How to sue Tinkoff Bank?

It contains the data on the case, your claim to the bank, actions for the peaceful settlement of the conflict, the requirements for the court and their justification from the point of view of the law;

Final part. Its purpose is simple - it contains additional information on the case file, a list of documents attached to the claim, the applicant's signature and the date of submission to the court.

Their list is not long:

Use a business writing style. Remember what you make up official document- appeal;
Don't use insults. Remember that the offense contained in the application may lead to you being sued;
Write only proven facts.

Court and Tinkoff. if tinkoff bank sued you

In terms of legal force, an order is equivalent to a writ of execution. Bailiffs can seize property or make deductions from wages. Necessary actions upon receipt of the order:

keep the envelope to confirm the date of receipt of the document;
immediately appeal the order.

In the event of a dispute with Tinkoff, objections are submitted to the magistrate who issued the order.

Attention

If the court is located in another city, objections can be sent by mail. You can view the addresses using the GAS "Pravosudie" service. How can a client file a claim? If the contentious matter cannot be resolved amicably, it is necessary to prepare a claim.

Attached to the application:

account statements;
debt repayment schedule;
other financial documents proving the fault of the bank.

The claim can be filed in person with the clerk of the court or sent by registered mail with notification.

Does Tinkoff Bank sue debtors

The claim should state the subject of the claim, for example, write that the bank has violated the terms of the contract and requires payment of a larger amount than it should be. Reviews of those who sued Tinkov Judging by the reviews, the outcome of the case depends on the behavior of the person and the amount of debt. Marina, Tver. Designed Tinkoff card Platinum with a limit of 123,000 rubles.
I cashed out by accident and flew out of the grace period, interest began to drip. And I did not know about it, and just continued to use a credit card. As a result, it turned out that I needed to pay more than 15,000 rubles, and I did not count on such a debt.

Collectors started calling, threatening to sue, I turned to a lawyer, because I wanted to get rid of this card in general ... By a court decision, I had to pay about 25,000 rubles, but I was able to terminate the contract. I spent less than 10,000 rubles on a lawyer all the time. Mikhail, Moscow.

Tinkoff Bank sued

In addition, you can file a lawsuit in the court at the place of your residence, at the location of the Tinkoff office that committed the violation, or at the place where the agreement was signed that was violated. The next difficulty is the submission of the application itself. This can be done in only three ways: in person, with the help of a representative who has a power of attorney, or by mail. The latter method is not recommended, as the letter may get lost or not arrive on time.

Info

To be safe, use registered mail with notifications. And the last question - "How to win business?". It is difficult to answer it, since there is no universal tactic. However, two tips will help you in any situation and in any lawsuit against the bank.

First - do not be afraid to protect your interests. The bank is required to follow hundreds of regulations when working with clients, so the law is likely to work against it. Second, get a lawyer.
Lending Tinkoff Bank is suing her husband for not paying interest within 3 months, October 19 there will be a court in Moscow, this is far from us, they said that you can read the answers (1) Subject: Can I sue Tinkoff Bank Tinkoff Bank filed in the city court, the court strongly without delving into it took the side of the bank and ordered me to pay the debt, I don’t agree with this amount, it feels like I didn’t pay at all how to protect myself? read answers (1) Subject: Payment failed about a year ago, a couple of months ago, the delay went due to unforeseen expenses, at home money to combine answers (1) Subject: The bank filed a lawsuit against me In 2010, at the insistence of the Bank, Tinkoff took a credit card, always paid on time, did not use it for the last year and a half card in general, but at the same time paid monthly fees in the amount of 6,000 thousand read answers (1) Topic: Tinkoff Bank suedIn 2015

Tinkoff sued how to respond to the lawsuit

Then one time I couldn’t pay at all, as a result, by a court decision, I returned 370,000 rubles to the bank, and this despite the fact that my limit on Tinkoff Platinum was not even the maximum, but only 200,000 rubles. It seems to me that if you calculate all the overpayments for each delay, I have already paid this amount to the bank 4 times. Amiran, 41 years old. Borrowed from Tinkoff debit card cash loan, well returned. They offered me 199,000 for Tinkoff Platinum, the devil pulled me to contact. There are just some crazy percentages, and the calculation is completely incomprehensible. At work, wages have fallen, and debt is only growing. A month later, delays began to threaten with the court, well, I have a brother who is a lawyer, he took over the negotiations, all the documents were collected.
Agreed on restructuring. I was cut off about 50,000 rubles in interest.
Grounds for complaint You can complain about Tinkoff Bank in all the same cases as for a regular bank. You can submit your claim in the following cases:

A bank employee violated your rights, insulted you, distributed your personal data;
The bank lost your personal documents or money, but refused to pay the due compensation. For Tinkoff Bank, such situations are rare, since the entire system is mostly electronic;
The Bank has used your funds without your prior consent;
Without your consent, changes were made to the terms of the contract or the bank refused to fulfill its obligations;
You caught bank employees in fraud or other professional crime.

How to file a claim? Let's move on to going to court.
Judicial acts in such cases, with rare exceptions, satisfy claim to debtors. Let's look at a few examples.

Tinkoff filed statement of claim to gr. 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.
The Zheleznodorozhny District Court of 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.
The creditor filed a claim against Mr. Rybakova O.G. demanding payment of a loan.

To avoid the court Submit a written application to the bank indicating 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 defendant 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.

Remote service often leads to various conflicts between the bank and its customers. Sometimes it ends in litigation.

In what cases should you go to court? How to file a claim? What actions should be taken in order to win a dispute with a credit institution? All these questions will help to understand this article.

Grounds for appeal

Banking legal relations is the area of activity where quite often there are disputes and misunderstandings between the client and the credit institution. At the same time, everything is complicated by the lack of regional branches (as in the case of Tinkoff Bank), where it would be possible to solve the problem through personal contact. Thus, having failed to achieve the truth peacefully, the client is forced to go to court.

In accordance with paragraph 1 of Article 3 of the Code of Civil Procedure of the Russian Federation, each person has the right to apply to the court to protect their legitimate rights and interests.

The most common grounds for which clients start a lawsuit with Tinkoff Bank include:

Requirement of the bank to repay the debt on a loan that has already been closed;
Write-off of funds from the card without the knowledge of its holder;
Refusal to provide an extract on the amount of debt to the bank;
Write-off of the commission, the presence of which the client was not notified in advance;
Due to the fault of the bank, personal data was transferred to third parties;
Unilateral change in the terms of the contract;
Prescribing certain provisions of the contract in small print;
Illegal accrual of fines and penalties, etc.

Credit card issues

Today, many citizens actively use credit Tinkoff cards jar. This option is very convenient, as it allows you to borrow the missing amount of money at any time. At the same time, when using credit cards, customers often face a number of difficulties, which sometimes have to be resolved through the courts.

So, after analyzing the complaints of Tinkoff Bank customers the following are the most common problems associated with the use of credit cards:

The bank's requirement to repay a loan that was taken as a result of fraudulent actions (for example, when a personal account was hacked);
Exceeding the limit on a credit card and, as a result, charging a fine. Moreover, often the client allows overspending on the loan as a result of paying additional commissions and payments, about which no one notified him;
Card blocking without explanation.

What to do if there is a debt?

Going to court in the presence of debt on a loan is a fairly common situation. The reasons for this may be:

Unreasonable overstatement of interest on the loan;
Refusal of the bank to restructure the debt (in case of loss of solvency by the borrower);
Changes in lending conditions not provided for in the contract, etc.

Filing a lawsuit in the presence of debt will make sense if the borrower is firmly convinced of the legitimacy of his claims, and can also prove it. Otherwise, you will not be able to win a lawsuit with Tinkoff Bank.

More likely, the plaintiff is unlikely to be able to avoid repaying the debt. However, with proper upholding of one's positions, there is a chance to achieve a change in lending conditions in one's favor (for example, to defer loan payment for a certain time, reduce the amount of the penalty, etc.).

How to file a claim?

Having evidence of illegal actions on the part of the bank, as well as having made unsuccessful attempts to solve the problem peacefully, you can safely go to court. Usually at this stage, citizens have a lot of questions - what to do, where to start?

So, you need to follow the following instructions.

Step 1- First you need to decide to which body of justice to refer your claim.

As a rule, these issues are dealt with by the court general jurisdiction. However, quite often in an agreement with a client, banks prescribe a condition according to which any disputes must be resolved through an arbitration court. In this case, you will have to file a claim in this instance.

A distinctive feature of the decision taken by the arbitral tribunal is the absence of the possibility of challenging it. The exceptions are the grounds prescribed in paragraph 4 of Article 233 of the Arbitration Procedure Code of the Russian Federation.

Step 2- then you should start drawing up a statement of claim, in which it is necessary to briefly and clearly describe the essence of the case, indicate the violations committed by the credit institution with reference to the relevant legislative norms, and also correctly state the claim.

Step 3- At this stage, you should collect the necessary documents:

Passport.
Credit agreement.
Papers confirming the existence of attempts to solve the problem peacefully.
Evidence of violations committed by the bank, etc.

Step 4- the statement of claim, together with the documents, as well as a receipt for the payment of the state duty, must be taken to court.

The issue of accepting the claim for trial will be decided by the judge within 5 days from the date of filing the application (Article 133 of the Code of Civil Procedure of the Russian Federation). After this period, the applicant will be notified of the decision.

Instructions to win the dispute

Having started litigation with a bank, many citizens are interested in the question - is there a certain action plan, following which it will be possible to achieve satisfaction of their claims in court.

There is no algorithm of actions by which you can be guaranteed to win a lawsuit with a bank. However, in order to increase your chances of winning, it is recommended to follow the following tips:

In court, you should actively protect your legal rights and interests. As practice shows, those who take a passive position usually lose the court with the bank;
It is necessary to enlist the support of a competent and experienced specialist. In order to prepare for the hearing, you can hire a private lawyer;
Claims against the bank must be substantiated, and also have an evidence base;
It is recommended that you first study the practice of conducting such cases, read the rules of conduct in court, and also familiarize yourself with the relevant legislative acts.

Where else to complain?

Quite often, the bank does not want to go to a meeting in resolving a dispute that has arisen. In this case, clients have a question - where to complain, except for the judiciary?

If the bank does not react in any way to the fact of the violation identified by the client, then You can contact authorities such as:

The Central Bank of the Russian Federation is a special public law institution, one of the main functions of which is to supervise the activities of credit institutions.
Rospotrebnadzor is the executive body of state power in charge of issues related to the protection of consumer rights. Controls a variety of industries (trade, manufacturing, banking, etc.).

On the fact of the complaint received, the institutions listed above will have to conduct an audit.

Case Practice

There are several examples of litigation in which Tinkoff Bank acted as a defendant:

Example 1 In 2015, the bank's depositors filed a lawsuit with the Khoroshevsky District Court of Moscow. The main reason was the unreasonable decrease in interest on deposits (from 18% to 13%). This application was submitted by a group of people with the support of the OCPP (Consumer Protection Society).
As a result, the case was won and Tinkoff Bank had to revise the interest rates towards their increase.

Example 2 In 2015, Tinkoff Bank lost a lawsuit in Perm. An application to the court was filed by one of the clients, to whom all cards were blocked without explanation. At the same time, in order to return his money, he had to go to the head office of Tinkoff, located in Moscow.
Proceedings in this case went on for about a year, as a result of which the court found that the bank had violated the rights of the client.

Useful video

Conclusion

Undoubtedly, sometimes the actions of the bank are indeed illegal. In this case, the client has every right to protect his legal rights by filing a lawsuit in court. However, as practice shows, almost 80% of conflict situations arise as a result of inattentive study of the terms of the agreement concluded with the bank, as well as ignoring certain conditions by citizens.

About Tinkoff Bank No comments yet. Be first! 3,840 views

If actions credit institution violate the terms of the contract, 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 borrower's refusal to pay 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.

It is very simple to cancel such a court order - you just need to have time 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?

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

Collect all certificates and contracts that confirm illegal Tinkoff actions jar.
In person or by registered mail, apply to the court specified in the contract.
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).

Customer Reviews

Clients evaluate cooperation with TCS differently, as evidenced by their feedback.

Yesterday ended the trial with the bank Tinkoff. The judge decided that I should return to the bank all the funds taken with interest, penalties and other things, and even pay the state duty. I think this is a gross injustice. I will dispute.

Learn everything!

A couple of months ago, an order came from a magistrate, which I successfully canceled. Now there is silence from the bank. Did he decide not to sue the district court or what?

Stopped making payments a year ago. The order arrived yesterday. I am unemployed and have no property. Therefore, even if the court orders to pay, I will stand my ground - there is no money, there is nothing to describe. Let's see how it all ends.

How to act in the event of a lawsuit with Tinkoff Bank

Loans No comments yet. Be first! 14,383 views

Financial institutions in general and Tinkoff Bank in particular are part of our lives. Conflicts that arise between a banking institution and a client are unpleasant, as they are fraught with financial and moral losses. In disputable situations, both one and the other party can act as a defendant. Let's consider how to act if Tinkoff Bank sues you or violates the terms of the contract itself, demanding to seek justice from Themis. And also we will give some examples from already existing judicial practice.

Information about Tinkoff Bank

This banking institution was founded in 2006 by Russian businessman Oleg Tinkov and was previously called Tinkoff Credit Systems (TCS). In January 2015, the company was renamed Tinkoff Bank.

Initially, the bank was created as a remote financial institution, similar to the American Capital One and Wells Fargo. Specialization of Tinkoff Bank today - plastic cards, so it does not have regional branches, ATMs and other familiar infrastructure. There is only one office - the head office, and all issues are resolved either there, or by telephone or online.

In this format, it is not easy for everyone to quickly resolve emerging misunderstandings, problems and difficulties. As a result, borrowers, bank customers and the financial institution itself are forced to go to court to resolve disputes.

Bank as a plaintiff

The bank may resort to litigation in the event that the client evades the fulfillment of obligations, and other ways to resolve the problem are ineffective. Most often, difficulties arise in relations with borrowers. Some, out of ignorance, out of unwillingness to understand complex financial matters, difficult life situation evade mandatory payments on the loan. In this case, the bank may oppose the client in court.

Litigation is not profitable banking institutions for several reasons:

it is necessary to pay for the work of a legal service;
with the beginning of the proceedings in the court, the accrual of penalties for non-payment of contributions is suspended;
the court often makes a decision that obliges the client to pay the amount of the principal debt, without penalties and fines;
if the decision is positive for the bank, the borrower's debt will be divided into a large number of payments.

Thus, the bank loses time, money, and litigation is mainly resorted to by those financial institutions that have sufficient resources and a well-functioning legal service.

Tinkoff Bank rarely resorts to such a solution to the issue. The possibility of going to court depends not so much on the amount of debt, but on the length of the period during which there were no payments on the loan. Employees of the financial institution work with the borrower in advance and try to convince him to resume payments. If the client makes contact, and also presents objective evidence of his insolvency, he may be offered a revision of the loan repayment terms, that is, restructuring.

But sometimes negotiations with the borrower drag on for weeks and even months. At the same time, the client can persistently avoid contact with the bank, oppose any proposals and refuse to repay the debt without any reason, without presenting any documents confirming his difficult financial situation. But even in this case, Tinkoff will not necessarily go to court.

Note! Sometimes the bank reserves the opportunity to contact a third party to resolve the problem and transfers to the collection agency the right to collect the debt on a commission or for its entire amount.

If Tinkoff-Bank sued you, be sure to take part in the consideration of the dispute, since the defendant's failure to appear negatively affects the court's attitude towards the defendant, which may affect the severity of the final decision.

The bank is the defendant

Often, clients who, for one reason or another, want to recognize his actions as illegal, apply to the court with a statement of claim against Tinkoff.

The reasons for disputes with the bank are:

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unilateral change in the terms of the transaction;
delaying the transfer of funds;
decrease in profitability on deposits before the expiration of the contract;
other.

To apply to the court, you must draw up an application and apply with it at the place of your registration. If the rights of the consumer have been violated, such a claim is not subject to state duty.

Important! The borrower can sue only if the terms of the lender's agreement violate the law - the civil code or the Law on Consumer Rights.

A statement of claim against Tinkoff Bank, if all other possibilities for resolving the dispute have been exhausted, must be carefully prepared. To do this, you can contact the experts or prepare all the papers yourself.

Independently according to the template or with the help of a lawyer, a statement of claim is drawn up and sent to the court by registered mail (necessarily with a notification of receipt). After some time, usually from two weeks to a month, a subpoena arrives.

In some cases, a lawsuit may be brought by a group of people and supported by various influential organizations. For example, in August 2015, Tinkoff Bank customers filed a lawsuit with the Khoroshevsky District Court of Moscow due to a unilateral decrease in interest rate, and, hence, the yield on bank deposits from 16-18% to 13%.

This statement was supported by the Consumer Protection Society. The financial institution was forced to change the conditions and declared that deposits opened before July 1, 2015, i.e. before the change in the interest rate, continue to be subject to the rate specified in the original agreement.

There is another example of successful resolution of a conflict situation between a client and Tinkoff Bank in court. In December 2015, a financial institution lost a court case in the city of Perm. The plaintiff was a Tinkoff client who, without explanation, was blocked from accessing cards and Internet banking, offering to fly to Moscow to the only office in the country to receive cash.

Throughout the year, a lawsuit was conducted on violation of the requirements of the Law "On Protection of Consumer Rights" under contracts with financial and credit institutions, which resulted in the decision of the Dzerzhinsky District Court of the city of Perm, which recognized the violation of the client's rights and the illegality of three clauses of the Comprehensive Service Terms.

In disputable situations that arise between banking, you can use different methods of regulation. But if only going to court is seen as the only possible option, then there is no need to be afraid to defend your rights. As the experience and practice of those who have gone through litigation show, it is possible and necessary to fight for justice and the possibility of compensation for damages in the legal field.

Tinkoff Bank sued bloggers

Tinkoff Bank filed a lawsuit against Kemerovo bloggers Mikhail Pechersky and Alexei Pskovitin, Vedomosti writes. Two weeks ago, they posted a 44-minute video about the founder of the bank, Oleg Tinkov, on their Nemagia YouTube channel. By the time the article was published, the video had 2.78 million views.

The video is based on public statements and interviews of Tinkoff, as well as stories about the methods of work of Tinkoff Bank. “There is no exclusive information in it, but the presenters deliberately put Tinkov in a negative light and openly mock the entrepreneur,” the media reported earlier.

A representative of Tinkoff Bank confirmed that the bank filed a lawsuit to protect business reputation. According to him, those who sling mud at Tinkoff Bank are slinging mud at its 6 million customers and 15,000 employees across Russia. “And we do not like it when unscrupulous bloggers throw mud at the company, employees, its founder and his family and our clients,” the bank representative emphasized. “We will do everything so that lovers of cheap hype and slander will answer according to the law.”

Nemagia is created "for entertainment purposes only and is not intended to offend or defame anyone," the channel's description reads. The videos are created in the genre of literary, musical or other parody, in the genre of caricature on the basis of another legally published work, it is said in the same place. Bloggers also say they would appreciate those who send them "their" copies "for review with a description of the person and a selection of his best moments in the video."

A spokesman for Nemagia declined to comment.

Tinkoff Bank JSC is a mono-office bank controlled by businessman Oleg Tinkov. The key segments in which the financial institution operates are - credit cards and private deposits. Recently, the bank also serves legal entities. The main feature is remote work with clients using modern communication channels and through representatives.

At the moment, Oleg Tinkov controls a 47.31% stake in the bank. A 50.06% stake is freely floated on the London Stock Exchange (in the form of GDRs). The Vostok Emerging Finance fund (the shares of the fund are in public circulation) owns a share of 1.64%, Baring Vostok - 0.99%.

According to Banki.ru, as of July 1, 2018, the bank's net assets amounted to 315.87 billion rubles (29th place in Russia), capital (calculated in accordance with the requirements of the Central Bank of the Russian Federation) - 66.97 billion, loan portfolio- 197.23 billion, liabilities to the population - 176.52 billion.

Court order of Tinkoff Bank to recover debt on a loan

And again credit letters of HAPPINESS this time from Tinkoff-Bank, which has already applied for a court order.

Let's start with the fact that this is an APPLICATION for a writ, not a writ itself. And the bank has no interest in informing you that it has applied to the world court for a court order, because, as you know, it is easier for the bank to get a court order quietly and then either to the bailiff, or to the bank where you have a salary card, or to take it to work if the amount is less than 25,000 rubles. Therefore, this piece of paper is a clumsy show-off, speaking in the vernacular. The usual scarecrow.

But despite the fact that Tinkoff really works with court orders, this piece of paper is a scarecrow. As long as its purpose is to intimidate you. So that you pay before the court with all fines and penalties.

The following also speaks of this:

The header does not indicate which magistrate's court, the site number is not indicated. The office may be denied for this reason
The text itself is written correctly and everything is correct, but at the end there is no seal, no signature, no date. And this can also be grounds for refusal in court. It's not fools sitting in the bank - they just see you as a fool.
Well, from below, so that you get scared, it is indicated that by order of the court they will withhold wages, but there is the Federal Law “On Enforcement Proceedings”, N 229-FZ
Article 9

An executive document on the collection of periodic payments, on the collection of funds not exceeding twenty-five thousand rubles in amount, may be sent to an organization or other person paying the debtor wages, pensions, scholarships and other periodic payments, directly by the collector

Should I be afraid of a lawsuit with a bank?

In what cases does the bank go to court

Whether the bank will file a lawsuit depends not so much on the amount of existing debt, but on the period of non-payment on the loan. As a rule, first of all, a bank employee works with such a debtor, who calls him and tries to convince him of the need to resume payments. If the borrower refuses to renew payments and does not provide any documents confirming his own financial insolvency, or completely avoids contact with the bank, then the bank has no choice but to resort to the help of a third party - a collection agency or court.

If the borrower is contactable and he has an objective reason why he does not make payments for the loan, then many banks can offer him a loan restructuring service - changing the terms of payments on loan agreement acceptable to the borrower, taking into account its changed financial position.

Why is it unprofitable for a bank to go to court

If the bank threatens to sue, it is not at all necessary that the bank will do just that. Litigation is disadvantageous for the bank for several reasons:

From the moment the case begins in court, the bank will be forced to suspend the accrual of fines for non-payment of monthly contributions. Therefore, as a rule, banks are not in a hurry to sue debtors, but wait until the amount of debt increases significantly and the problem debt department works with the client (an attempt will be made to convince the client to start paying).
Even if the court decides in favor of the bank (which happens in about 90% of court cases), the borrower's payments are made on the basis of a court enforcement order, which provides for the division of the debt amount into a large number of payments that the debtor can currently pay.
Quite often, the court makes a decision in favor of the bank, but obliges the borrower to pay only the amount of the principal debt, without accrued fines and penalties.
Litigation means costs for the bank for the work of a lawyer. If the bank focuses on the return of debts on loans through the court, and not through collection agency, then forced to maintain his own legal service.

Thus, you can see that going to court means a serious investment of time and resources by bank employees (after all, the bank’s lawyer will handle the case), so far from all banks bring the case to court, but only those that have an established legal service and enough summary resources.

Which banks are suing? Bank of Moscow, Sberbank, Gazprombank, Alfa-Bank, VTB 24, Raiffeisenbank, Home Credit Bank.

Banks that focus primarily on retail lending and have a strong service for dealing with bad debts or actively cooperating with collection agencies are trying not to sue.

Which banks avoid litigation: Russian Standard, OTP Bank, Tinkoff Bank.

How to win a lawsuit with a bank - rules of conduct

If the bank went to court, then the borrower has to choose one of the behavior models:

Refuse to participate in the court - this option is not recommended under any circumstances, as by doing so the borrower demonstrates his unwillingness to compromise with the bank and fulfill his obligations. Naturally, the court takes this position into account when deciding on the case.
Prepare for a lawsuit with the bank and try to minimize the amount of payments and ensure a convenient payment schedule for existing debts, and in case of illegal actions on the part of the bank, try to win the trial.

In order to win a lawsuit with a bank or at least minimize the damage as a result of the court, the borrower needs to:

Strive for the maximum open position in relation to the bank. You can, on any question that interests you, contact the employees of the credit institution that issued you the loan, get advice from a bank lawyer, and do not hide from communicating with bank representatives.
It will not be superfluous before the court with the bank to get advice from a third-party lawyer.
If the non-payment was caused by objective circumstances (a reduction in work, a decrease in wages, a serious illness, prolonged treatment, conscription into the army, the birth of a child, etc.), then documents confirming this fact must be prepared. This may be an extract from a hospital card, a certificate of dismissal from the personnel department or from the accounting department about a reduction in wages, a certificate from the military registration and enlistment office, a child's birth certificate.
Prepare documents confirming payments made on the loan - receipts and checks for payment. Thus, you will be able to demonstrate in court with the bank that, in principle, you did not evade payments, but could not continue them for certain reasons.
If you applied to the bank with an application for loan restructuring and the bank refused you, then it is advisable to provide a copy of your application to the bank.
In the event of a decrease in income (a decrease in the level of wages), be sure to refer to article 451 Civil Code, justifying the inability to fulfill the obligations assumed due to changed financial circumstances (and here copies of your applications for loan restructuring or applications to other banks with a request for refinancing will be very useful here).

In no case do we recommend that you take a loan from a bank and not repay it without objective reasons (dismissal, illness, etc.). In this case, it will not work to win a lawsuit with a bank, the court definitely takes the side of the bank in such situations.

Thus, the answer to the question "Should I be afraid of a lawsuit with a bank?" you need to start looking first of all in the situation that caused the formation of debt and non-payment on the loan. Those borrowers who deliberately took a loan in order to spend the funds received and not pay monthly payments or deliberately evaded payments and contact with the bank - yes, of course, such clients should be afraid of a lawsuit with a bank. But if the borrower tried to make regular monthly payments on the loan, made contact with bank employees, warned the bank in advance about the impossibility of making payments for objective reasons, tried to change the terms of payments or refinance the loan at another bank, then in this case they are very afraid of a lawsuit with the bank , probably not worth it, because the absence of malicious intent is the main justification for any violation of the obligations assumed. Moreover, perhaps it is the intervention of the court that will allow the bank and the borrower to find a way out of the current situation and repay the debt on terms acceptable to both parties.

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