Did Tinkoff sue? Tinkoff Bank filed a lawsuit

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

If the actions of a credit institution violate the terms of the agreement, then the client has to think about how to sue Tinkoff Bank. Sometimes the bank itself acts as a plaintiff. To increase your 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, is Tinkoff going to court? 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 current practice shows that the bank actively resorts to the services of judicial authorities.

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 “agree” 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 the forced return of the issued loan.

What to do if Tinkoff Bank sues?

The first step that the bank can take is to apply 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 magistrate with an order to pay the debt.

Cancel this court order It’s very simple - you just need to have time to send a letter to the return address within 10 days from the date of receipt with the text “based on Art. 129 of the 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 this, Tinkoff will be able to file a full-fledged claim at the place of registration of the debtor.

If Tinkoff filed a lawsuit for non-payment of a loan, 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;
  • documents about treatment;
  • children's birth certificates;
  • any others that prove the existence of objective reasons not to repay the debt.

According to reviews from borrowers, judges, as a rule, 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 “forgiveness” of the debt; it is better to emphasize that the defendant is ready to repay the amount borrowed, but asks not to be ordered to pay accrued fines and penalties.

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:

  1. Collect all certificates and agreements that confirm illegal Tinkoff's actions jar.
  2. Apply in person or via registered letter to the court specified in the contract.
  3. In the claim, state all the facts and demands, attach documents, and make an inventory of them.

After this, you just have to wait for a call to the trial (from 10 days to several months).

Customer Reviews

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

Yesterday the trial with Tinkoff Bank ended. The judge decided that I must return to the bank all the funds taken with interest, penalties, etc., and also pay the state fee. I think this is a blatant injustice. I will dispute it.

Find out everything!

A couple of months ago I received an order from the magistrate, which I successfully overturned. Now there is silence from the bank. He decided not to apply district court or what?

A year ago I stopped paying my loan. The summons arrived yesterday. I am unemployed and have no property. Therefore, even if the court orders me to pay, I will stand my ground - there is no money, there is nothing to describe. Let's see how this all ends.

How to act in case of litigation with Tinkoff Bank

Credits 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 controversial situations, both one and the other party may act as a defendant. Let's consider how to act if Tinkoff Bank sues you or violates the terms of the agreement itself, demanding that you seek justice from Themis. We will also give several examples from 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, therefore it does not have regional branches, ATMs and other usual infrastructure. There is only one office - the head office and all issues are resolved either there, or over the 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 clients and the financial institution itself are forced to go to court to resolve disputes.

Bank as plaintiff

The bank may resort to legal proceedings in the event that the client evades fulfilling his obligations and other ways to resolve the problem are ineffective. Most often, difficulties arise in relations with borrowers. Some out of ignorance, out of reluctance to understand complex financial matters, in difficult life situations, they evade mandatory loan payments. In this case, the bank can act against the client in court.

Litigation is not profitable banking institutions for several reasons:

  • it is necessary to pay for the work of the legal service;
  • once the trial begins in 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 or 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 those financial institutions that have sufficient resources and a well-functioning legal service mainly resort to litigation.

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 first work with the borrower and try to convince him to resume payments. If the client makes contact and also provides objective evidence of his insolvency, he may be offered a review of the loan repayment terms, that is, restructuring.

But sometimes negotiations with the borrower drag on for weeks or even months. At the same time, the client may persistently avoid contact with the bank, oppose any offers and, without reason, refuse to repay the debt, without presenting any documents confirming his difficult situation. 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 in its entirety.

If Tinkoff Bank sues you, be sure to take part in the consideration of the dispute, since the failure of the defendant 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 file a claim against Tinkoff in court, wanting for one reason or another to recognize its actions as unlawful.

The reasons for disputes with the bank are:

The best credit card in Russia from Tinkoff Bank

  • Favorable lending conditions including grace period
  • Minimum required monthly payments
  • Easy to apply and receive - no need to visit bank branches
  • Issued without guarantee or collateral
  • Unique opportunity to repay in other banks
  • Free and multifunctional Internet banking and mobile banking

Find out everything!

  • unilateral change in the terms of the transaction;
  • delays in transferring funds;
  • decrease in profitability on deposits before the expiration of the contract;
  • other.

To go to court, you must draw up an application and submit it to your place of registration. If consumer rights 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 specialists or prepare all the paperwork yourself.

Drawing up independently using a template or with the help of a lawyer statement of claim and is sent to the court by registered mail (required with acknowledgment 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, clients of Tinkoff Bank filed a lawsuit with the Khoroshevsky District Court of Moscow due to a unilateral reduction interest rate, and, therefore, profitability 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 stated that for deposits opened before July 1, 2015, i.e., before the interest rate changed, the rate specified in the original agreement continues to apply.

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

Throughout the year, there was litigation regarding violation of the requirements of the Law “On the Protection of Consumer Rights” under contracts with financial and credit institutions, which resulted in a decision by the Dzerzhinsky District Court of the city of Perm, recognizing the violation of the client’s rights and the illegality of three points of the Terms of Comprehensive Services.

In controversial situations arising between banking services, you can use different ways regulation. But if the only option seems to be to go to court, 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 damage in the legal field.

Tinkoff Bank sues bloggers

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

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

A representative of Tinkoff Bank confirmed that the bank filed a claim to protect its business reputation. According to him, those who throw mud at Tinkoff Bank throw mud at its 6 million clients and 15 thousand employees throughout Russia. “We don’t like it when unscrupulous bloggers throw mud at the company, employees, its founder and his family and our clients,” the bank’s representative emphasized. “We will do everything to ensure that lovers of cheap hype and slander are punished according to the law.”

Nemagia was created “for entertainment purposes only and does not intend to offend or defame anyone,” the channel description says. The videos are created in the genre of literary, musical or other parody, in the genre of caricature based on another legally published work, it is said there. The bloggers also state that they would be grateful to 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 Nemagia representative declined to comment.

JSC Tinkoff Bank 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.

Currently, Oleg Tinkov controls a 47.31% stake in the bank. A 50.06% stake is publicly traded on the London Stock Exchange (in the form of GDRs). The Vostok Emerging Finance fund (the fund's shares are publicly traded) owns a share of 1.64%, Baring Vostok - 0.99%.

According to Banki.ru, as of July 1, 2018, the bank’s net assets were 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 from Tinkoff Bank to collect loan debt

And again, credit LETTERS OF HAPPINESS, this time from Tinkoff Bank, which has already filed an application for a court order.

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

Let's start with the fact that this is an APPLICATION for the issuance of a court order, and not the court order itself. And the bank has no interest in informing you that it has applied to the magistrate’s court for a court order, because as you know, it’s 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, in popular parlance. An ordinary scarecrow.

Of course, Tinkoff Bank now has the practice of receiving court orders. Even though 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 appears, you can cancel it, it’s not difficult - instructions for canceling the court order are here.

But despite the fact that Tinkoff actually works with court orders, this piece of paper is a scare. For now, its point is to intimidate you. So that you pay before the trial with all fines and penalties.

This is also indicated by the following:

  • The header does not indicate which magistrate's court, the precinct number is not indicated. The office may refuse for this reason.
  • The text itself is written correctly and everything is correct, but at the end there is no seal, signature or date. And this may also be grounds for refusal in court. It's not fools sitting in the bank - they just see you as a fool.
  • Well, below, so that you get scared, it is stated that by court order they will withhold wages, but there is the Federal Law “On Enforcement Proceedings”, N 229-FZ
    Article 9. Execution by persons paying periodic payments to a debtor-citizen of a judicial act, an act of another body or official.

A writ of execution for the collection of periodic payments, for the collection of funds not exceeding twenty-five thousand rubles, may be sent to the organization or other person paying the debtor wages, pensions, stipends and other periodic payments, directly by the recoverer

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

Should I be afraid of going to court with my bank?

In what cases does a bank go to court?

Whether the bank will sue depends not so much on the amount of debt, but on the period of no payments 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 resume 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 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 for loan agreement to acceptable for the borrower, taking into account his changed financial situation.

Why is it unprofitable for a bank to go to court?

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

  1. 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 in no hurry to take debtors to court, but wait until the size of the debt increases significantly and the problem debt department works with the client (an attempt will be made to convince the client to start making payments).
  2. Even if the court decides in favor of the bank (which happens in approximately 90% of court proceedings), then the borrower's payments are made on the basis of a court writ of execution, which provides for the division of the debt amount into a large number of payments that the debtor can currently pay.
  3. 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.
  4. Litigation means legal costs for the bank. If the bank focuses on returning debts on loans through the court, and not through collection agency, then he is forced to maintain his own legal service.

Thus, you see that going to court by a bank means serious expenditure of time and resources by bank employees (after all, the bank’s lawyer will handle the case), therefore not all banks bring the case to court, but only those that have an established legal service and sufficient consolidated 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 powerful service for dealing with problem debts or actively cooperate 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 goes to court, the borrower can choose one of the following behavior models:

  1. Refusing to participate in court - this option is not recommended under any circumstances, since 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 making a decision on the case.
  2. Prepare for a lawsuit with the bank and try to reduce the amount of payments as much as possible and provide a convenient payment schedule for existing debt, and in case of unlawful actions on the part of the bank, try to win the trial.

To win a lawsuit with a bank or at least minimize damage as a result of the trial, the borrower needs:

  • Strive for the most open position in relation to the bank. For any question you are interested in, you can contact the employees of the credit institution that issued the loan to you, get advice from a bank lawyer, and do not hide from communicating with bank representatives.
  • Before going to court with a bank, it would be a good idea to get advice from a third-party lawyer.
  • If the reason for non-payment was objective circumstances (downsizing at work, reduction in the level of wages, serious illness, long-term treatment, conscription into the army, birth of a child, etc.), then you need to prepare documents confirming this fact. This could be an extract from a hospital record, a certificate of dismissal from the personnel department or from the accounting department about a salary reduction, a certificate from the military registration and enlistment office, a child’s birth certificate.
  • Prepare documents confirming payments made on the loan - receipts and payment checks. Thus, you will be able to demonstrate in court with the bank that, in principle, you did not evade payments, but were unable to 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 (decrease in wages), be sure to refer to Article 451 of the Civil Code, which substantiates the inability to fulfill your obligations due to changed financial circumstances (and this is where copies of your applications for loan restructuring or applications to other banks will come in very handy requesting refinancing).

We under no circumstances recommend that you take out a loan from a bank and not repay it without objective reasons (dismissal, illness, etc.). In this case, it will not be possible to win a lawsuit with the bank; the court clearly takes the side of the bank in such situations.

Thus, the answer to the question “Should I be afraid of going to court with the bank?” you need to start looking first in the situation that caused the formation of debt and non-payment of the loan. Those borrowers who deliberately took out 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 going to court with the bank. But if the borrower tried to regularly make 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 with another bank, then in this case there is a strong fear of going to court with the bank , probably not worth it, because the absence of malicious intent is the main justification for any violation of one’s obligations. 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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  • What can a debtor face in court with a bank?

    Some bank borrowers find themselves in a situation where, due to ignorance or unwillingness to understand complex issues they stop transferring mandatory loan payments to their account in the hope of quickly improving their financial situation or deliberately avoiding payments. If payments are not received for a long time, then the bank not only charges the client fines, but may also resort to more radical methods - transferring the borrower’s debt to a collection agency or even to court. A lawsuit with a bank is not an easy matter, especially for those clients who purposefully received a loan with the goal of using the funds received and not paying for the loan. Let's try to figure out what to do if the bank goes to court.

    In what cases does a bank go to court?

    Whether the bank will sue depends not so much on the amount of debt, but on the period of no payments 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 resume 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 has an objective reason why he does not make payments for the loan, then many banks can offer him the service of loan restructuring - changing the terms of payments under the loan agreement to acceptable for the borrower, taking into account his changed financial situation.

    Why is it unprofitable for a bank to go to court?

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

    1. 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 in no hurry to take debtors to court, but wait until the size of the debt increases significantly and the problem debt department works with the client (an attempt will be made to convince the client to start making payments).
    2. Even if the court decides in favor of the bank (which happens in approximately 90% of court proceedings), then the borrower's payments are made on the basis of a court writ of execution, which provides for the division of the debt amount into a large number of payments that the debtor can currently pay.
    3. 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.
    4. Litigation means legal costs for the bank. If a bank focuses on the recovery of loan debts through the court, and not through a collection agency, then it is forced to maintain its own legal service.

    Thus, you see that going to court by a bank means serious expenditure of time and resources by bank employees (after all, the bank’s lawyer will handle the case), therefore not all banks bring the case to court, but only those that have an established legal service and sufficient consolidated 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 powerful service for dealing with problem debts or actively cooperate 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 goes to court, the borrower can choose one of the following behavior models:

    1. Refusing to participate in court - this option is not recommended under any circumstances, since 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 making a decision on the case.
    2. Prepare for a lawsuit with the bank and try to reduce the amount of payments as much as possible and provide a convenient payment schedule for existing debt, and in case of unlawful actions on the part of the bank, try to win the trial.

    To win a lawsuit with a bank or at least minimize damage as a result of the trial, the borrower needs:

    • Strive for the most open position in relation to the bank. For any question you are interested in, you can contact the employees of the credit institution that issued the loan to you, get advice from a bank lawyer, and do not hide from communicating with bank representatives.
    • Before going to court with a bank, it would be a good idea to get advice from a third-party lawyer.
    • If the reason for non-payment was objective circumstances (job layoff, reduction in wages, serious illness, long-term treatment, conscription into the army, birth of a child, etc.), then you need to prepare documents confirming this fact. This could be an extract from a hospital record, a certificate of dismissal from the personnel department or from the accounting department about a salary reduction, a certificate from the military registration and enlistment office, a child’s birth certificate.
    • Prepare documents confirming payments made on the loan - receipts and payment checks. Thus, you will be able to demonstrate in court with the bank that, in principle, you did not evade payments, but were unable to 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 (decrease in wages), be sure to refer to Article 451 of the Civil Code, which substantiates the inability to fulfill your obligations due to changed financial circumstances (and this is where copies of your applications for loan restructuring or applications to other banks will come in very handy requesting refinancing).

    We under no circumstances recommend that you take out a loan from a bank and not repay it without objective reasons (dismissal, illness, etc.). In this case, it will not be possible to win a lawsuit with the bank; the court clearly takes the side of the bank in such situations.

    Thus, the answer to the question “Should I be afraid of going to court with the bank?” you need to start looking first in the situation that caused the formation of debt and non-payment of the loan. Those borrowers who deliberately took out 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 going to court with the bank. But if the borrower tried to regularly make 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 with another bank, then in this case there is a strong fear of going to court with the bank , probably not worth it, because the absence of malicious intent is the main justification for any violation of one’s obligations. 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.

    What to do if Tinkoff Bank sues for non-payment of a loan

    An acquaintance of acquaintances found himself in an unpleasant situation:

    Tinkoff Bank filed a lawsuit for non-payment of the loan. The court ordered me to pay 200,000 rubles. Yesterday they called from the bank and said we offer you to pay off the entire debt in 10 months. If you do not agree, the bank will transfer performance list bailiffs and they will describe your property. I have no property and I told them that I can pay 5,000, but the bank is not happy with that. What should I do and how should I deal with this situation with the bank?

    It seems like nothing serious, but I decided to clarify. First of all, you need to understand the Bank correctly. Secondly, it’s better not to waste time and contact a competent lawyer, because there are a lot of nuances. But if you want to figure it out yourself, here it is (but so as not to waste your time, rewind to the very end!):

    Article 15. Features of performing actions aimed at repaying debt under the contract consumer loan(loan)

    1. When taking actions aimed at repaying out-of-court debt incurred under a consumer credit (loan) agreement, the creditor and (or) entity with whom the creditor has entered into an agency agreement providing for the performance by such person of legal and (or) other actions aimed at repaying the debt incurred under a consumer credit (loan) agreement (hereinafter referred to as the person carrying out debt repayment activities), has the right to interact with the borrower and persons who provided security under a consumer credit (loan) agreement, using:

    1. personal meetings, telephone conversations (hereinafter referred to as direct interaction);
    2. postal items at the place of residence of the borrower or the person who provided security under a consumer credit (loan) agreement, telegraph messages, text, voice and other messages transmitted over telecommunication networks, including mobile radiotelephone communications.

    2. Other, with the exception of the methods specified in part 1 of this article, methods of interaction with the borrower or the person who provided security under a consumer credit (loan) agreement, at the initiative of the creditor and (or) the person carrying out debt collection activities, can only be used when the presence in writing of the consent of the borrower or the person who provided security under the consumer credit (loan) agreement.

    3. The following actions are not allowed on the initiative of the creditor and (or) the person carrying out debt collection activities:

    1. direct interaction with the borrower or the person who provided security under a consumer credit (loan) agreement, aimed at fulfilling by the borrower an obligation under an agreement whose performance period has not yet arrived, except if the right to demand early fulfillment of an obligation under an agreement is provided for by federal law;
    2. direct interaction or interaction through short text messages sent using mobile radiotelephone networks on weekdays from 10 pm to 8 am local time and on weekends and non-working days holidays from 20 to 9 o'clock local time at the place of residence of the borrower or the person who provided security under the consumer credit (loan) agreement, which was specified when concluding the consumer credit agreement (agreement ensuring the execution of the consumer credit (loan) agreement or about which the lender was notified in in the manner established by the consumer credit (loan) agreement.

    4. The creditor, as well as the person carrying out debt collection activities, does not have the right to take legal or other actions aimed at repaying debt incurred under a consumer credit (loan) agreement with the intention of causing harm to the borrower or the person who provided security under the consumer loan agreement (loan), as well as abuse the right in other forms.

    5. When interacting directly with a borrower or a person who provided security under a consumer credit (loan) agreement, the creditor and (or) the person carrying out debt collection activities are required to provide the last name, first name, patronymic (the latter if available) or the name of the creditor and ( or) the person carrying out debt collection activities, or the location, last name, first name, patronymic (the latter if available) and the position of the employee of the creditor or the person carrying out debt collection activities who interacts with the borrower, the location address for sending correspondence to the creditor and (or) the person carrying out debt collection activities

    Consequences of a borrower violating the terms of repayment of the principal amount of debt and (or) payment of interest under a consumer credit (loan) agreement

    1. Violation by the borrower of the deadlines for repayment of the principal amount of debt and (or) payment of interest under a consumer loan (loan) agreement entails liability established by federal law, the consumer loan (loan) agreement, as well as the emergence of the lender's right to demand early repayment of the entire remaining amount of the consumer loan (loan) together with the interest due under the consumer loan (loan) agreement and (or) termination of the consumer loan (loan) agreement in the case provided for by this article.

    2. In the event of a violation by the borrower of the terms of the consumer credit (loan) agreement regarding the terms of repayment of the principal amount and (or) payment of interest for a duration (total duration) of more than sixty calendar days during the last one hundred and eighty calendar days, the lender has the right to demand early repayment of the remaining amount consumer credit (loan) together with the interest due and (or) termination of the consumer credit (loan) agreement, notifying the borrower in the manner established by the agreement and setting a reasonable period for repayment of the remaining amount of the consumer credit (loan), which cannot be less than thirty calendar days from the date the creditor sends the notice.

    3. If the borrower violates the terms of a consumer credit (loan) agreement concluded for a period of less than sixty calendar days, the deadline for repayment of the principal amount and (or) payment of interest for a duration (total duration) of more than ten calendar days, the lender has the right to demand early repayment the remaining amount of the consumer loan (loan) together with the interest due or termination of the agreement, notifying the borrower in the manner established by the agreement and setting a reasonable period for repayment of the remaining amount of the consumer loan (loan), which cannot be less than ten calendar days from the date of sending by the creditor notifications.

    4. Responsibility measures cannot be applied to the borrower for violating the deadlines for repayment of the principal amount of the debt and (or) payment of interest if the borrower complied with the deadlines specified in the last payment schedule under the consumer credit (loan) agreement sent by the lender to the borrower in the manner provided for in the consumer agreement credit (loan).

    That’s why you should go to a lawyer, but you need to tell him everything in more detail, because... how a deferment is possible, as well as a reduction in interest - banks often do this, but it is important to do it all correctly and right the first time, because there won’t be a second time. You won’t contact your bank every week and provide different explanations, will you? From the second time they will decide that something is wrong and an attempt to refuse their obligations on the loan.

    1. Tinkoff Bank sued me, the world court rejected the claim because I wrote objections, now they filed a lawsuit against me in the city court, I found a good lawyer and we drew up an objection to the claim for application limitation period. Representatives of the bank did not appear at the first meeting in the mountain court, they did not ask the judge to consider the case in their absence, I spoke at the court, spoke as my lawyer suggested to me, on the date of the first meeting there was no response to my objection to the application of the limitation period from the bank, A 2nd hearing was scheduled, the judge said that she would call the bank herself and find out where the loan settlement was based on the statute of limitations. My questions: How should I behave at the 2nd last court hearing? How can I make sure that the judge dismisses the claim if the settlement paper using the statute of limitations does not reach the court? I received a Tinkoff bank card in 2009, and only in 2019 did I stop paying on it, they sent me a claim about my debt exceeding the card limit, the card has been blocked by the bank for more than 2 years, but all this time I have been making monthly payments. How should I proceed at the 2nd court hearing, how can I get the judge to dismiss the claim?

    Lawyer Petrov A. A., 3459 answers, 1276 reviews, on the site from 03/18/2019
    1.1. Hello! Please clarify your question in more detail so that it can be answered completely and correctly.

    Lawyer Permyakova Yu.V., 1510 answers, 739 reviews, on the site from 10/05/2018
    1.2. Your question is not entirely clear, have you paid the debt in full and the bank is unreasonably billing it to you again?

    2. Took credit card at the beginning of this year in the amount of 75 thousand rubles. I made the first payment and could not pay further. In October of this year, Tinkoff Bank sued me in the world court. A court order arrived at the place of permanent registration. I myself live under temporary registration 2000 km from home. The mother took the envelope from the court and signed for receipt. I have not had the means to pay this debt for six months now, since I was injured and a spinal hernia was discovered. I walk and my left leg always goes numb. It is not yet possible to work at different jobs like before. Now the amount has become 105 thousand rubles. I have no property and no official work.
    What should I do? What should my actions be like from start to finish? Write everything down, please! I'm not going to give away the money at this stage, but over time I'll try. I'm falling deeper and deeper into this credit hole!


    2.1. You can play for time and cancel the court order.

    Lawyer Boldyrev R.I., 4003 answers, 2253 reviews, on the site from 07/26/2017
    2.2. Hello!
    To cancel a court order, you must send an objection to the court within ten days; if the deadline is missed, then also a petition to restore the deadline.

    Law firm LLC "PRAVOPRO", 20568 answers, 12061 reviews, on the site since 05/18/2017
    2.3. Good afternoon
    You need to cancel the court order; to do this, you need to write an objection to it and submit it to the court that issued the court order. Moreover, you cannot delay, since the writ of execution will then be handed over to the bailiffs, and they have the right to come and describe the property at your place of registration, your mother will have to prove that the property is her personal. Your accounts will also be frozen.
    You can file an objection in person, by mail, or through a representative, but this requires a power of attorney.

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

    If the debtor’s objections regarding the execution of the court order are received within the established period, the judge cancels the court order. In the ruling on the cancellation of the court order, the judge explains to the claimant that the stated claim can be presented by him in the manner of claim proceedings. Copies of the court ruling to cancel the court order are sent to the parties no later than three days after the day it was issued.

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

    Lawyer Karpukhin A.S., 229 answers, 105 reviews, on the site from 10/14/2019
    3.1. Good afternoon. Have you already had your case considered by the Presidium of the Primorye Regional Court?
    To the complaint to the Supreme Court of the Russian Federation you must attach all decisions and copies according to the number of persons involved in the case.

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

    Lawyer Kozyrev P. A., 2309 answers, 1529 reviews, on the site from 01/22/2019
    4.1. Most likely they didn’t file, but they are putting pressure on you in order to receive money, I recommend that you write an application to refuse to interact with the creditor and send it to the court, you will cancel the court order in accordance with Art. 128-129 of the Code of Civil Procedure of the Russian Federation, by writing a corresponding statement. Next, you can reduce interest, fines, penalties and penalties in accordance with Art. 333 Civil Code of the Russian Federation.
    Sincerely!

    I would also like to draw your attention to the fact that credit funds are provided in the event of the absence or insufficiency of the client’s own funds when performing transactions using bank card within the limits provided for in the contract.

    This leads to the obvious conclusion that the client’s transactions using a particular bank card are not evidence of receipt and use credit funds, since operations can be performed at the expense of own funds client.

    In general, you understand me)


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

    12. I had the following situation: I couldn’t pay my loan for several months (credit card) Tinkoff map). There were constant calls and texts from them. In the next SMS I received an offer for a minimum monthly payment of 2800 rubles, I paid it within 2 days. I received a call asking if such an offer had been received, to which I replied that there was an SMS and I made the payment. A couple of days later I received an SMS saying “the offer has been cancelled, goodbye.” When I tried to make another payment, I discovered that everything had been deleted from my personal account, not the card number, not the account. A little later, a letter came from the court saying that the bank had filed a lawsuit and wanted the entire amount at once. I don't have such an opportunity. And did they do the right thing by refusing their own offer?

    Lawyer Shabanov N.Yu., 20164 answers, 9651 reviews, on the site from 03/23/2017
    12.1. Hello, when you receive a court order, file an objection to it within 10 days and the order will be cancelled, after which the bank can file a claim in court, where they will have to sort out the situation in court.

    Lawyer Voronchikhin D. A., 7230 answers, 4632 reviews, on the site from 11/14/2018
    12.2. You cannot prove this, especially since nothing is in writing. The payment must be counted in the payment amount no more. Apparently they just restored the deadline for filing a lawsuit in court, you need to look at what kind of letter you received and what can be done with it.

    I had a credit card with Tinkoff Bank, and the debt arose back in 2014. The bank assigned its rights to collectors and they filed a lawsuit in 2018. The statute of limitations was missed and an objection was filed to the claims based on the statute of limitations, but the judge still sided with the bank and ordered to pay. The appeal was refused and the application was not even accepted! Now the bailiffs are in debt. I take it that nothing can be done? Read answers (1)

    13. Tinkoff Bank filed a lawsuit. All accounts were seized and 50% was written off from me, I didn’t know about the court decision. They sent all notifications to my registration address, although I do not live there and have not received anything. I took the card in 2013, gave it to my mother, she lives in another city, and, unfortunately, there is no way for her to reimburse it. How can I dispute the amount and return the money that has already been seized?

    Lawyer Shemyakin D.V., 5798 answers, 3922 reviews, on the site from 03/05/2018
    13.1. You won't succeed. You are considered to have been notified of the trial under Art. 165.1 Civil Code of the Russian Federation.

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

    Lawyer Fesenko A. O., 101 answers, 73 reviews, on the site from 07/31/2019
    14.1. 1. You can write a letter asking for a certified copy of the enforcement proceedings to be sent to you at the place where the proceedings are currently being conducted.
    2. You can write a letter stating that you actually live in Novorossiysk and ask to transfer the case for execution at your place of residence, then the bailiffs will have to send it and you can personally familiarize yourself with it.
    3. If you do not agree with the actions of the bailiffs and the situation as a whole, you have the right to go to court to protect your rights.

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

    Lawyer Navolokina L.Yu., 136 answers, 91 reviews, on the site from 07/10/2019
    15.1. Good day, yes, it's expired. According to paragraph 1 of Art. 196 of the Civil Code of the Russian Federation, the general limitation period is three years. Thus, if you have a loan debt, the statute of limitations on it will be three years. True, according to paragraph 1 of Art. 199 of the Civil Code of the Russian Federation, a claim from a credit institution in court will be accepted beyond the designated period. Therefore, its expiration must be declared in court (before the decision is made). court decision), otherwise the case will be considered on its merits and an appropriate decision will be made. This means that, in fact, a bank (other credit organisation) has the right to demand credit debt through the court and after three years, if the defendant turns out to be too silent. Therefore, restore the deadline and write a petition to apply the statute of limitations.

    16. I have difficulties repaying a loan from Tinkoff Bank. My case was transferred to the Phoenix agency. We found a solution with them and they provided me with an installment plan, freezing the debt. After paying it off for more than 4 months (I transferred money to a Tinkoff credit card), I found out that the bank sued me about 4 months ago. The bailiff blocked my accounts in favor of paying off the debt. The question is where to pay the debt now, then to a bank card or pay the bill at State Services in personal account(does it indicate a fine from bailiffs)?

    Lawyer Kashin A.E., 101 answers, 55 reviews, on the site from 05/28/2019
    16.1. Good afternoon. Contact the loan officer and make an offer settlement agreement according to the terms of the agency. The bank will revoke the sheet, the bailiff will remove the block.

    Lawyer Zotov V.I., 36842 answers, 15126 reviews, on the site from 07/11/2009
    16.2. Hello, dear Dmitry!
    Firstly, according to part 1 of article 819 Civil Code Russian Federation, under a loan agreement, a bank or other credit organization (lender) undertakes to provide funds (loan) to the borrower in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the received sum of money and pay interest for its use, as well as other payments provided for in the loan agreement, including those related to the provision of a loan.
    Secondly, on modern financial market In Russia we have many organizations involved in debt collection. One of such companies is Phoenix LLC, a collection agency created on the initiative of Tinkoff Credit Systems Bank. The collectors, apparently, treated you well, and your Lender calmly collected the debt from you under the loan agreement with interest and a penalty.
    Third, if you are not concerned about the question of how you CAN reduce the amount that your Creditor has collected from you, then the bailiff will collect from you under the Enforcement Proceedings on the basis of Federal Law No. 229-FZ “On Enforcement Proceedings”. Should you worry about collecting this debt from you on the basis court order(this is a court decision or A court order that is EASY to cancel) there is no point, since the bailiff knows his job well, he will also collect from you at the end the Enforcement fee (7% of the debt amount) on the basis of Article 112 of Federal Law No. 229-FZ.
    Article 112. Enforcement fee
    1. The enforcement fee is a monetary penalty imposed on the debtor in the event of his failure to comply with a writ of execution within the period established for the voluntary execution of a writ of execution, as well as in the event of his failure to comply with a writ of execution, subject to immediate execution, within 24 hours from the date of receipt of a copy of the bailiff’s decision - the executor on the initiation of enforcement proceedings. The performance fee is credited to the federal budget.
    2. The enforcement fee is established by the bailiff after the expiration of the period specified in part 1 of this article, if the debtor has not provided the bailiff with evidence that execution was impossible due to force majeure, that is, extraordinary and unpreventable circumstances under given conditions. The bailiff's decision to collect the enforcement fee is approved by the senior bailiff.

    3. The enforcement fee is established in the amount of seven percent of the amount to be recovered or the value of the recovered property, but not less than one thousand rubles from a debtor-citizen or a debtor - individual entrepreneur and ten thousand rubles from the debtor organization. In the event of non-execution of an enforcement document of a non-property nature, the enforcement fee from a debtor-citizen or a debtor-individual entrepreneur is established in the amount of five thousand rubles, from a debtor-organization - fifty thousand rubles.
    (Part 3 as amended by Federal Law dated December 28, 2013 N 441-FZ)
    3.1. In relation to several debtors for joint collection in favor of one collector, the enforcement fee is established from each of the debtors in the amount of seven percent of the amount to be recovered or the value of the recovered property, but not less than one thousand rubles from a debtor-citizen or a debtor - individual entrepreneur and ten thousand rubles from the debtor organization.
    (Part 3.1 introduced by Federal Law dated December 28, 2013 N 441-FZ)
    4. The enforcement fee for non-payment of periodic payments is calculated and collected from the amount of each debt separately.
    5. The enforcement fee is not collected in cases where enforcement proceedings are initiated:
    1) according to an executive document received in the manner established by Part 6 of Article 33 of this Federal Law;
    2) upon repeated presentation for execution of a writ of execution, according to which a resolution of the bailiff to collect the enforcement fee was issued and not cancelled;
    3) by order of the bailiff on the collection of expenses for carrying out enforcement actions and the enforcement fee imposed by the bailiff in the process of executing the enforcement document;
    (as amended by Federal Law dated July 18, 2011 N 225-FZ)

    ConsultantPlus: note.
    From the day the cassation courts began their activities general jurisdiction and courts of appeal of general jurisdiction in paragraph 4 of part 5 of Art. 112 amendments are made (FZ dated November 28, 2018 N 451-FZ).
    4) according to judicial acts on interim measures;
    5) according to executive documents containing demands for forced deportation from the Russian Federation foreign citizens or stateless persons;
    (Clause 5 introduced by Federal Law dated December 6, 2011 N 410-FZ)
    6) according to executive documents containing requirements for serving compulsory labor;
    (Clause 6 introduced by Federal Law dated 04/05/2013 N 49-FZ)
    7) upon request central authority about searching for a child.
    (Clause 7 introduced by Federal Law dated 05.05.2014 N 126-FZ)
    5.1. Unexecuted orders for the collection of enforcement fees, issued within the framework of enforcement proceedings subject to termination on the grounds established by paragraphs 10 and 11 of part 2 of Article 43 of this Federal Law, are canceled by the bailiff.
    (Part 5.1 introduced by Federal Law dated 03/07/2018 N 48-FZ)
    6. The debtor has the right, in the manner established by this Federal Law, to apply to the court to challenge the bailiff’s decision to collect the enforcement fee, with a claim for a deferment or installment plan for its collection, to reduce its amount or exemption from the collection of the enforcement fee.
    7. The court has the right, taking into account the degree of guilt of the debtor for failure to fulfill the writ of execution on time, the property status of the debtor, and other significant circumstances, to defer or defer the collection of the enforcement fee, as well as reduce its amount, but not more than one quarter of the amount established in accordance with part 3 of this article. In the absence of grounds for liability for violation of an obligation established by the Civil Code of the Russian Federation, the court has the right to release the debtor from collecting the enforcement fee.
    8. If the court accepts for consideration the application or claim specified in Part 6 of this article, the collection of the enforcement fee is suspended until the court makes a decision. The court's decision to fully or partially satisfy them applies to immediate execution.
    9. If the court reduces the amount of the enforcement fee, the order of the bailiff to collect the enforcement fee is considered changed accordingly. In this case, the debtor is returned the excess amount of money collected from him.
    10. The enforcement fee is returned to the debtor in full in cases of cancellation:
    1) a judicial act, an act of another body or official, on the basis of which the executive document was issued;
    2) executive document;
    3) resolution of the bailiff to collect the enforcement fee, except for the cases provided for in part 5.1 of this article.
    (as amended by Federal Law dated March 7, 2018 N 48-FZ)
    11. The return of the enforcement fee to the debtor is carried out in the manner determined by the Government of the Russian Federation.
    The amount of the Enforcement fee can also be reduced in court, but this needs to be taken seriously, for which you should carefully study the provisions of Federal Law No. 229-FZ. You can find out more about this on my page in the “My Publications” section in the article “ Performance fee, how to avoid it or reduce it legally".
    Good luck to you.

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

    Lawyer Khozyaenok I.V., 355 answers, 221 reviews, on the site from 08/07/2018
    16.4. Hello, please contact the bailiff who is handling your proceedings.

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

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

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

    Lawyer Budaragin A. A., 7429 answers, 3234 reviews, on the site since November 20, 2017
    17.1. You need to sort out the documents, otherwise, based on your situation, it turns out that you are paying twice for the same thing.

    18. Tinkoff Bank filed a lawsuit against me.

    Lawyer Karavaitseva E.A., 57763 answers, 27411 reviews, on the site from 03/01/2012
    18.1. Prepare a response to the claim.

    Lawyer Izoitko K. A., 73 replies, 34 reviews, online since 07/28/2019
    18.2. Good afternoon It’s very bad that Tinkov sued you.


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

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

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

    19. In 2015, Tinkoff Bank sued me, demanding to repay the loan. There was a court and the magistrate ruled that I should not pay the loan to Tinkoff. Today I visited the bailiff and they gave me a writ of execution that I owe Tinkoff money. The decision was made in absentia by the same magistrate, who ruled that I did not owe the bank anything. What should I do? Please explain my next steps.

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

    A court decision in absentia is subject to cancellation if the court determines that the defendant’s failure to appear at the court hearing was caused by valid reasons that he was unable to inform the court in a timely manner, and in this case the defendant refers to circumstances and presents evidence that may affect the content of the court decision.

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

    20. Tinkoff, as usual and as is typical for him, calculated an incredible amount to pay me and eventually filed a lawsuit. At the first meeting, I made a motion to request the original documents from the bank, because Copies certified not in accordance with GOST are not evidence of our relationship with the bank. And as you know, I didn’t sign any contract, just an application form that didn’t indicate essential conditions providing a card. Plus, I issued a card using a different passport with a different signature. In a few days there will be a second meeting.
    1) How great are my chances that the bank will not provide all the documents I requested, incl. primary type of bank account balance at the time of card activation?
    2) Lack of basic conditions in the questionnaire, incl. credit limit, repayment schedule, etc. can affect the nullity of the “contract”?
    3) I consider Article 333 of the Civil Code of the Russian Federation as the most extreme case.


    20.1. What could be the repayment schedule for a credit card, for which it is essentially determined by the amounts withdrawn at your discretion? There may only be general conditions.
    As a rule, all essential terms of the agreement are specified in the terms of the loan. We wrote an application and agreed to the conditions; moreover, it is the essential conditions that are indicated in the application form itself.
    In general, “saw, Shura, they are golden”... :)
    Regarding the other signature, are you disputing that you took the money at all? If not, then why?
    Regarding the correctness of the accruals, you need to see the documents, we cannot make calculations on the website...

    Was issued 6 years ago credit tinkoff bank, there is no agreement, i.e. the card was received via mail. Now I find out that the debt was transferred to Phoenix collectors and they filed a lawsuit. I’m not waiving the debt, but the amount is large, and there were no notifications that they were being handed over to collectors or about filing a lawsuit. Is there any point in arguing with them, at least with the amount? Read answers (3)

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

    Law firm LLC "Helios", 12588 answers, 7097 reviews, on the site from 03/01/2019
    21.1. Hello! After the court decision is made, you can apply to the court of first instance for an installment plan.

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

    Lawyer Plyasunov K.A., 145,007 answers, 35,783 reviews, on the site since 02/26/2013
    22.1. Hello.

    So you canceled the court order.

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

    Lawyer Ninskaya V.V., 218 answers, 125 reviews, on the site from 12/07/2018
    22.3. You can return funds that were withheld from you by court order.

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

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

    23. On January 29, I bought a Samsung S8 phone in Svyaznoy in installments, the registration was approved by Tinkoff Bank, but it was not an installment plan, but a loan at 5% per annum (I later learned this from the bank), the phone costs 39,990 rubles. The seller started talking to me about its super qualities and that the payment would not be much 1995 rubles per month, I even missed how many months (36), I also took out insurance, I agreed with this, you never know what could happen to the phone, I didn’t even pay attention to the full amount of the loan repayment, as if she was under hypnosis. I was just able to clarify why they don’t give me a receipt for the purchase of goods, the seller explained to me that when buying on credit, their system does not issue a receipt, if you come every month to pay the loan then we will give you a receipt, but it was beneficial for me to pay directly to a bank without a commission. After I looked at the payment schedule, I was shocked full amount which must be returned to the bank is 71802.43. I contacted the store, to which I was told that the bank takes large percentages. I also contacted the bank, they assured me that the % is small 5 and in addition to the phone, you have another product in the amount of 25 thousand rubles, I explained that I didn’t buy anything else except the phone and insurance, the bank sent me a document where my purchase was registered with my signature, which Svyaznoy did not give me. There really was some kind of smart watch, but when I signed I didn’t even pay attention, I was just buying a phone. The bank advised me to contact the police, I contacted them, and they told me to try to solve the problem peacefully through the store so that I could get my money back for their mistake. I went to the store, the seller recognized me since I had come several times and confirmed that I only took the phone and insurance from them, but there was an error with this product, a glitch in the program. He assured me that he would find out everything, contact the bank to return the money and they would inform me in 2-3 days, a week passed, I called the bank, they told me that Svyaznoy did not contact me with the age of the money. I ask you for advice on what to do next: go to the store again or immediately go to the police to report fraud for a refund, or go to court. For 6 months now they have been telling me nothing, until I figured it out myself. Tell me what actions I should take to definitely force them to return my money. I’m still disabled, group 2, I’m trying to work for 12 thousand, and 25 thousand is more than two of my salaries, please help!

    Lawyer Pogosyan V.S., 75 answers, 49 reviews, on the site from 07/06/2019
    23.1. Good day. Being a lawyer myself, I worked at Svyaznoy, and I can say the following. Clients in this company are lured by the monthly payment figure, and the client should never be told the total amount. The store employees tear up the product specifications and throw them away. This happens to every client. In fact, insurance is also not required (but it is a useful thing). Therefore, you need to contact the Euroset company, call hotline, give the employee’s full name and tell how everything happened, ask them for a full receipt with the name of the goods (which they also throw away after paying in installments). Explain the situation by calling Set-Svyaznoy and the Set-Svyaznoy security service. Ask for a check, then collect a list of purchased goods and services from the bank. Next, write a statement to the police and a letter of claim to Set-Svyaznoy. Ask for video recordings of cameras at the time of purchase, where it will be clearly visible that no smart watch was given to you. A standard fraudulent scheme with the aim of increasing your salary rate, in order to fulfill the plan for accessories and insurance, plus all this to appropriate the goods sold. Immediately ask Set-Svyaznoy for records, a check, and write a claim. Your claim must be scanned and an acceptance mark must be placed on the original. Next, call the network contact and complain about the problem, be sure to give the employee’s full name. The security service treats such employees mercilessly. And write a statement to the police.

    Lawyer O. S. Kovaleva, 82 replies, 36 reviews, on the site since 06/25/2019
    23.2. Hello. Tell me, did the seller not give you a sales receipt?

    24. On January 29, I bought a Samsung S8 phone in Svyaznoy in installments, the registration was approved by Tinkoff Bank, but it was not an installment plan, but a loan at 5% per annum (I later learned this from the bank), the phone costs 39,990 rubles. The seller started talking to me about its super qualities and that the payment would not be much 1995 rubles per month, I even missed how many months (36), I also took out insurance, I agreed with this, you never know what could happen to the phone, I didn’t even pay attention to the full amount of the loan repayment, as if she was under hypnosis. I was just able to clarify why they don’t give me a receipt for the purchase of goods, the seller explained to me that when buying on credit, their system does not issue a receipt, if you come every month to pay the loan then we will give you a receipt, but it was beneficial for me to pay directly to a bank without a commission. After I looked at the payment schedule, I was shocked by the full amount that I had to return to the bank: 71,802.43. I contacted the store, to which I was told that the bank takes large percentages. I also contacted the bank, they assured me that the % is small 5 and in addition to the phone, you have another product in the amount of 25 thousand rubles, I explained that I didn’t buy anything else except the phone and insurance, the bank sent me a document where my purchase was registered with my signature, which Svyaznoy did not give me. There really was some kind of smart watch, but when I signed I didn’t even pay attention, I was just buying a phone. The bank advised me to contact the police, I contacted them, and they told me to try to solve the problem peacefully through the store so that I could get my money back for their mistake. I went to the store, the seller recognized me since I had come several times and confirmed that I only took the phone and insurance from them, but there was an error with this product, a glitch in the program. He assured me that he would find out everything, contact the bank to return the money and they would inform me in 2-3 days, a week passed, I called the bank, they told me that Svyaznoy did not contact me with the age of the money. I ask you for advice on what to do next: go to the store again or immediately go to the police to report fraud for a refund, or go to court. For 6 months now they have been telling me nothing, until I figured it out myself. Tell me what actions I should take to definitely force them to return my money. I’m still disabled, group 2, I’m trying to work for 12 thousand, and 25 thousand is more than two of my salaries, please help!

    Lawyer Ulanov A.S., 3490 answers, 2008 reviews, on the site since 12/09/2014
    24.1. They're not telling you the truth; for some reason you yourself are doing nothing but walking. There is no benefit for the contact to cancel the purchase of a smart watch; they do everything to prevent you from later proving that you did not receive it. If the video camera recording has already been erased due to deadlines, then it will be very difficult for you to prove that you did not receive the watch, you will need an experienced lawyer, since the police will need to check the accounting and the availability of goods at the end of the working day when you took out the phone on credit . Now you don’t need to decide peacefully, but write a statement of fraud against the seller (namely, the seller, write that he probably appropriated the watch for himself), then the seller himself will fuss and the matter will move forward.

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

    25. My name is Alexander, I don’t know what to do, it’s already a cry from the heart! I took out a loan from Tinkoff Bank for 46,000 rubles, I paid for 5 years and could not repay, in the end I paid them 263,000 rubles, I gave up and stopped paying, they sued me, the court was in my favor, a year later they through the courts pris., sends a claim to my work, as a result, they began to withhold 50% of my salary, paid another 116,000 tr., went to get a certificate from the bailiff, that he did not owe anything to the bank, after 4 months they started calling me from the collection company “Phoenix” they say I have a debt amounting to 1500 tr and where did it come from, they said that these are accrued post-trial fines and that I need to pay them, and they will give me a certificate that I do not owe anything to the bank, I paid, called and asked send me a certificate, to which I heard that I have a debt again and they won’t give me any certificate until I pay it off, which is 13,800 tons. r, but bank He gives me a gift if I pay them 50% of the debt, which is 6900 thousand rubles, and they will forgive me the rest... In my opinion, this smacks of fraud, please tell me what to do, thanks in advance.

    Lawyer Erkhov V.G., 21971 answers, 6819 reviews, on the site since 02/04/2013
    25.1. 385 of the Civil Code of the Russian Federation - do not pay collectors until the bank complies with Article 382 of the Civil Code of the Russian Federation
    Article 196 and 199 and 200 of the Civil Code of the Russian Federation may have passed the statute of limitations.

    26. The situation is this: I did not pay the loan, after 3 years Tinkoff Bank filed a lawsuit, the amount of debt is 26 thousand rubles. Of course, all bank accounts are blocked, including those to which child benefit and unemployment benefits with CZN. All proceeds are withdrawn from the cards, including money due to the baby. Turning to the bailiff, I received the answer: if there was no way to pay, there was no point in giving birth. Then she suggested this option - to provide a certificate from the central tax rate so that only 50% of the income would be withheld.. Please tell me, can they withhold 50% of the benefit from the central tax rate if the benefit is only 3 thousand rubles and I am a single mother? And if I provide a certificate from the Central Bank, they send a writ of execution to the Central Bank, will the arrests be removed from the accounts? Thank you in advance for your help...

    Lawyer Butsenko D.V., 500 answers, 388 reviews, on the site from November 22, 2016
    26.1. Yes, if a central employment certificate is provided, they have the right to withdraw unemployment benefits in the amount of 50%. As for other payments for the child, upon presentation of a certificate stating that these payments are intended for the child, the bailiff will remove the arrest from them.

    27. During marriage, a card was purchased from Tinkoff Bank for me (my wife). My husband managed the card and spent money from it. I didn't even see the map. Now there is a debt on the card in the amount of 160,000. Ex-husband doesn’t get in touch, the bank calls me and asks me to pay the debt because the card is registered in my name. What should I do? Can I sue that the card is in the possession of another person and oblige him to pay his own debts?

    Lawyer Sysuev A.A., 3996 answers, 2747 reviews, on the site since November 21, 2013
    27.1. Greetings.
    The card is issued in your name, and the bank fairly demands payment of the debt from you.
    You can only divide the debt between the willows and the husband.

    28. About 8 years ago we had the imprudence to issue a credit card for a contact. WITH credit limit up to 30,000, then over time the limit increased to 80,000, well, nothing unusual, we exhausted this limit, and for about 3 years we paid regularly, every month, without delays 3000, the loan amount gradually decreased because part of it went to interest and part paid off the debt. Then Tinkoff Bank bought the messenger and we involuntarily became their clients with their card, replacing the messenger’s card with Tinkoff. They told us over the phone that we now have to pay on this card and we still have the same conditions, we paid 3000 every month regularly like good people, but we recently decided to check the balance, downloaded the application and were horrified, the amount not only did not decrease, but also increased to 92,000, attention to the question now we have a total of roughly 288,000 paid for the entire time! but they were supposed to be 80,000. So here it is. The question is, does the law provide for overpayment of such a plan, if, for example, we sue them, is there any chance at all that the debt will be written off? Now he is requesting documents in order to collect the full picture. The current bank is not very willing to provide us with some kind of paperwork, but how can we get data from a connected bank, because it no longer exists as such, we were offered to send an application, they gave us a mail and postal address, but what kind of header should we indicate...

    Lawyer Lagutkina Yu. V., 924 answers, 618 reviews, on the site from 02.24.2019
    28.1. Good morning, you have the right to write a complaint based on this. that such an increase original conditions violates the Federal Law "On the Protection of Consumer Rights", accordingly, then go to court.

    29. Tinkoff Bank handed me over to Phoenix collectors in August 2016. I wanted to clarify whether the statute of limitations has passed. They just filed a lawsuit.

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

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

    Lawyer Sokolov D.G., 142248 answers, 33017 reviews, on the site since November 23, 2008
    29.3. Sergey, the limitation period does not change due to a change of persons in the obligation. You need to know when the violation of the creditor's rights began. Contact a lawyer with all documents.

    30. I had a Tinkoff card in 2010, a debt arose, then they did a restructuring, I paid for 3 years. It's been a long time since they sent a letter to Phoenix about the debt. I called the bank to ask for a confirmation of payment for the restructuring, but in the end they didn’t send anything. Now Phoenix is ​​filing a lawsuit to collect the loan, what should I do?

    Lawyer Kudrin O. E., 15129 answers, 8098 reviews, on the site since 03/20/2015
    30.1. Good afternoon.
    What does it mean to sue? Have you received a court order? Have you received a statement of claim?

    What can warm you up on a Saturday evening besides strong drinks?

    A good story of the triumph of good over evil.

    Below is the story of the lost court case by Tinkoff Bank, the decision of which came into force on December 15, 2015, i.e. there will be no more appeals.

    This is not about the sensational story with investors, but about turning off the remote banking services

    A few words about my experience

    A year ago then Tinkoff Credit Systems They put a pig under my Christmas tree exactly on December 31st: they blocked the debit card of my wife and two brothers.

    Remote banking services (Internet banking) have been blocked. It stuck, as I read in the then, 400k.

    The bank offered (did you eat fish soup?) to fly to Moscow (from Krasnoyarsk!) and receive cash in the only office throughout Russia.

    I still withdrew the money after complaints using a free interbank service upon written application, but the bank, firstly, strictly forbade me to contact the hotline with any questions, they say, all issues are resolved only through a personal visit to the bank’s office, and, secondly , the hands of SB reached to Kukuruza with a credit limit from TKS, to the Yandex-Money card (issuer - TKS), even to the electronic wallet “Tinkoff Mobile Wallet”.

    According to the court decision, Tinkoff Bank is obliged to make changes to the Terms of Comprehensive Services. To date, the bank has not complied with the court decision, has not connected the Internet bank, limiting my remote servicing.

    He did not make changes to the Criminal Code; illegal clauses of the Criminal Code continue to operate. In such circumstances, the court decision will be sent to the bailiffs for enforcement.

    From significant comments from banki.ru:

    To submit an application for appeal – one month from the date of production of the final decision (+ 5 days). A month has passed a long time ago. So the bank’s wishes for his appeal are just wishes.

    Since the default judgment was not canceled, it means that the court found the bank’s arguments about its cancellation ridiculous. […]

    The bank missed the deadline for the appeal - it was August 18 + 7 days + 1 month - i.e. The bank could file an appeal against the decision no later than September 25, 2015.
    And the bank will not be able to restore the missed deadline accurately, i.e. he received the decision and saw it, which is also confirmed by filing an application for its cancellation. […]

    In this case, the bank agreement is considered void, because it was proven in court that it does not comply with either the Law of the Russian Federation or the legislation of the Russian Federation =) And with its behavior (regarding failure to comply with a court decision), the bank disgraces itself =)

    Below is the text of the court decision (minus one page). three photos.

    Judgment

    Absentee decision
    In the name of the Russian Federation
    August 11, 2015

    Dzerzhinsky District Court of Perm, composed of: presiding judge M.A. Meledina, with secretary E.S. Burdina,

    having considered in open court a civil case on the claim of Sergei Viktorovich Gornostaev against Tinkoff Bank JSC for the protection of consumer rights,

    installed:

    The plaintiff filed a lawsuit seeking recognition of the actions of Tinkoff Bank JSC to restrict remote maintenance, disabling Internet banking is illegal and violates consumer rights financial services, the defendant’s obligation to connect the Internet banking service, recognizing clauses 4.5, 4.6, 4.7 of the Terms of Comprehensive Banking Services of JSC Tinkoff Bank as illegal and violating the rights of consumers of financial services.

    The stated requirements are motivated by the fact that on April 13, 2015, a universal agreement was concluded between the plaintiff and AOTinkoff Bank, the components of which are: an application form, terms of banking services, tariffs.

    Within the framework of the universal agreement, agreement No. 5009368753 settlement was concluded debit card, card account No. 40817810100000645913 was opened, as of April 14, 2015, the amount of funds on the card account is 43,379.95 rubles. On April 14, 2015, JSC Tinkoff Bank unilaterally suspended remote servicing under the public universal agreement, disabled the Internet bank, limited electronic payment services in the Internet bank, limited the receipt of information, submission of orders, and opening of deposits under the universal agreement in the Internet bank.

    The defendant invited the plaintiff to submit orders for a card account, a deposit agreement, a universal agreement with a visit to the bank’s office in Moscow. The bank motivated these actions by the fact that the plaintiff assessed the quality of the services provided by the bank extremely low, leaving reviews on the bank’s website, ordering certificates confirming the conclusion of agreements by the bank for each agreement.

    These actions of Tinkoff Bank JSC are illegal and violate the rights of the consumer of financial services under a public contract. The bank has a single bank office in Moscow, all banking activities carried out remotely, via the Internet; the bank does not have offices in Perm. In addition, the plaintiff believes that the provisions of clauses 4.5, 4.6, 4.7 of the Terms of Comprehensive Banking Services of Tinkoff Bank JSC violate consumer rights and contradict current legislation.

    The plaintiff did not appear at the court hearing, submitted a statement with a request to consider the case without his participation, and insists on the claims.

    The defendant's representative did not appear at the court hearing, was duly notified of the date of the court hearing, which is confirmed by information about the delivery of the postal item, did not present any objections to the stated demands, and did not ask to postpone the hearing.

    Thus, the court recognizes the reason for the defendant’s failure to appear as disrespectful, and considers it possible to consider the case at this appearance, in the absence of the defendant, in absentia proceedings.

    According to Part 1 of Art. 452 of the Civil Code of the Russian Federation, an agreement to amend or terminate a contract is made in the same form as the contract, unless otherwise follows from the law, other legal acts, contract or customs.

    From the analysis of legal norms it follows that the Civil Code of the Russian Federation, the Law of the Russian Federation “On the Protection of Consumer Rights” and others federal laws do not provide for the right of the bank to unilaterally change the terms of the agreement concluded with citizens - consumers.

    The provisions of clause 4.5 of the conditions for comprehensive banking services at Tinkoff Credit Systems Bank (CJSC) actually give the bank the right to unilaterally change the terms of the agreement, thereby the bank deprives the consumer of the opportunity to receive information about the service in the manner provided for in Art. 10 of the Law of the Russian Federation “On the Protection of Consumer Rights”. Thus, the bank’s inclusion in the contract of a condition on the possibility of unilateral changes to the contract contradicts the norms of civil law and infringes on the consumer’s rights established by law.

    According to clause 4.6 of the conditions, the client agrees that the bank is not responsible for failures and refusals in remote servicing associated with disruptions in the operation of communication equipment and/or communication networks, and losses incurred in this regard.

    This paragraph contradicts Art. 309, 310 of the Civil Code of the Russian Federation, according to which obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law and other legal acts, unilateral refusal to fulfill an obligation and unilateral change of its conditions are not allowed.

    By including this clause in the terms of comprehensive banking services at Tinkoff Credit Systems Bank (CJSC), the bank refuses to properly fulfill its obligations under the agreement, which also infringes on the consumer’s rights established by law.

    Clause 4.7 of the conditions stipulates that the bank has the right to refuse to accept orders from a client through remote servicing to carry out transactions on a card account or deposit account. In such cases, the bank accepts only duly executed settlement documents on paper.

    In accordance with Article 845 of the Civil Code of the Russian Federation, under a bank account agreement, the bank undertakes to accept and credit funds received to the account opened for the client (account owner), carry out the client’s orders to transfer and withdraw the corresponding amounts from the account and carry out other operations on the account. The bank can use the funds available in the account, guaranteeing the client’s right to freely dispose of these funds.

    According to the rules of Article 849 of the Civil Code of the Russian Federation, the bank is obliged, by order of the client, to issue or transfer the client’s funds from the account no later than the day following the day the bank receives the corresponding payment document, unless other deadlines are provided for by law, banking rules issued in accordance with it or bank account agreement.

    Article 858 of the Civil Code of the Russian Federation provides that the restriction of the client’s rights to dispose in cash, located on the account, is not allowed, with the exception of the seizure of funds located on the account, or the suspension of operations on the account in cases provided for by law.

    Based on the above, the provisions of clause 4.7 of the conditions for comprehensive banking services at Tinkoff Credit Systems Bank (CJSC) contradict the norms of current legislation, since refusal to a client to accept orders through remote servicing to conduct transactions on a card account or deposit account is a restriction of the client’s rights to disposal of funds in the account, which is not allowed by virtue of Art. 858 of the Civil Code of the Russian Federation.

    Thus, the plaintiff, by virtue of Art. 56 of the Civil Procedure Code of the Russian Federation provided sufficient evidence to support the stated requirements, in connection with which, the requirements of Gornostaev S.V. recognition as illegal and violating the rights of consumers of financial services, clauses 4.5, 4.6, 4.7 of the Terms of Comprehensive Banking Services of JSC Tinkoff Bank are justified and subject to satisfaction.

    Due to the fact that clauses 4.5, 4.6, 4.7 of the Terms of Comprehensive Banking Services of JSC Tinkoff Bank contradict the current legislation and were declared invalid by the court, the plaintiff’s demands to recognize the actions of JSC Tinkoff Bank to limit remote services, disable the Internet bank as illegal and in violation of consumer rights financial services, as well as the obligation of Tinkoff Bank JSC to connect the Internet banking service are subject to satisfaction.

    In accordance with Part 1 of Article 103 of the Civil Procedure Code of the Russian Federation, a state fee is subject to recovery from the defendant, from which the plaintiff was exempted when filing this claim, in the amount of 300 rubles.

    Guided by Art. 194-198, 233 of the Civil Procedure Code of the Russian Federation

    Claims of Sergei Viktorovich Gornostaev to satisfy.

    Declare illegal and violative of consumer rights financial services clauses 4.5, 4.6, 4.7 of the conditions for comprehensive banking services at Tinkoff Credit Systems Bank (CJSC).

    Recognize the actions of Tinkoff Credit Systems Bank (CJSC) to limit remote servicing and disable Internet banking in relation to Sergei Viktorovich Gornostaev illegal and promoting the rights of consumers of financial services.

    Oblige Tinkoff Credit Systems Bank (CJSC) to activate the service Internet banking in relation to Sergei Viktorovich Gornostaev.

    Collect from Tinkoff Credit Systems Bank (CJSC) to the income of the corresponding budget a state duty of 300 rubles.

    The defendant has the right to file with the court that made the default decision an application to cancel this court decision within seven days from the date of delivery of a copy of this decision.

    A court decision in absentia may also be appealed by the parties on appeal within a month after the expiration of the deadline for the defendant to file an application to cancel this court decision, and if such an application is filed, within a month from the date of the court’s decision to refuse this application. .

    Judge – M.A. Meledina