In particular, it is part of our life. 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 known as 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. Tinkoff Bank's specialization today is plastic cards, so it does not have regional branches, ATMs or other usual infrastructure. There is only one office - the head office and all issues are resolved either there, or over the phone 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.

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 issues, or difficult life situations, avoid mandatory loan payments. In this case, the bank can act against the client in court.

Litigation is disadvantageous for banking institutions for a number of 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 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.

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:

• 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.

A statement of claim is drawn up independently using a template or with the help of a lawyer and sent to the court by registered mail (required with acknowledgment of delivery). 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 of the interest rate, and therefore the yield on bank deposits from 16-18% to 13%.

This statement was supported by the Consumer Protection Society. The financial institution was forced to change the conditions and 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, a financial institution lost a court case 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 banks, different regulatory methods can be used. 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 has been well known among Russian citizens for about 10 years. This banking institution was founded in 2006 by entrepreneur Oleg Tinkov, then it was called Tinkoff Credit Systems (TCS). TKS was renamed into Tinkoff Bank in 2015.

The bank initially positioned itself as a credit organization carrying out its financial activities in the virtual space of the Internet. Now it specializes almost entirely in the distribution of plastic credit cards; it does not have regional branches, its own ATMs or other paraphernalia usual for banks. All issues are resolved by phone or online through the head office.

Because of this method of conducting banking activities, many users of Tinkoff credit cards have a reasonable question. How to seek help in restoring violated rights in court against Tinkoff Bank and other banks in the country?

Grounds for going to court

Tinkoff Bank, like any financial institution, is not immune from errors and operational failures, which can cause serious problems for clients and plastic card holders.

The vast majority of claims against banks are filed for the following reasons:

• the bank puts forward demands for repayment of debt for an already closed loan;
• funds were debited from the card without any legal reason;
• it is impossible to obtain a statement of debt to the bank (this is sometimes done to artificially increase the amount of debt);
• a commission or other payment was debited from the bank account, about which the client was not notified in advance;
• the client’s personal information fell into the hands of third parties due to the fault of the bank;
• The bank unilaterally changed the terms of the loan agreement.

Procedure and filing a claim

Filing a lawsuit in case of violation of rights is not the only possible scenario. Before this, you should always try to negotiate with the bank peacefully, collecting all possible evidence of the company’s illegal actions and presenting evidence of your innocence.

If nothing happens, you can file a complaint with the Central Bank of the Russian Federation or write a complaint to Rospotrebnadzor. These government organizations will be required to conduct an inspection of the bank and issue it an order to eliminate violations if they are found.

When other options to solve the problem have failed, all that remains is to report the violation of rights to the court. To do this, you must correctly draw up a statement of claim.

The rules for its compilation are described in. It is best to seek help in writing it from a lawyer, this will significantly increase the chances of a successful solution to the problem.

A lawsuit against Tinkoff Bank must indicate:

• full name of the judicial authority;
• personal data of the plaintiff (full name, permanent registration address) and data of the defendant (name of the bank, its legal address, full name of the manager);
• a detailed statement of the essence of the case, the reasons and consequences of the bank’s violation of the applicant’s legal rights, references to the regulations that were violated;
• a specific request to the court (claims) and their justification;
• list of attachments (documents that confirm the plaintiff’s position);
• signature of the applicant and date of filing the application with the court.

List of documents for filing a claim

The statement of claim is filed either through the court office, or through an authorized representative, or by Russian mail with acknowledgment of delivery. You will need to submit as many copies of the claim as there are parties involved in the case. In addition to the claim, you will need to attach to it:

• documents confirming attempts to peacefully resolve the conflict (pre-trial claim, response to it from the bank);
• agreement for the provision of credit services;
• copy of the passport;
• any documents and their copies that prove a violation of the plaintiff’s rights and can serve as evidence in the case under consideration;
• power of attorney (if a trusted person will defend the applicant’s rights);
• calculation of monetary compensation for a bank’s violation of consumer rights (principal amount, moral damages, penalties, compensation for lawyer’s services, etc.).

If the bank is the plaintiff

Can the bank itself go to court against its client? Not only can it, but very often it does so. This almost always concerns late loan payments.

Before this, he can try for 6-12 months to resolve the matter with the client peacefully, offer, or give a deferment. If this does not work out and the debt grows, then it will almost certainly be transferred to the court or a collection agency.

However, banks are in no hurry to sue their clients. There are many reasons for this:

• During the judicial debate, accrual is suspended;
• Conducting a case in court requires additional costs for a lawyer. If a bank practices frequent filing of lawsuits against its clients, rather than seeking peaceful solutions to conflicts, then it is required to maintain an entire legal department;
• Even if the court decides in favor of the bank (which happens in almost 90% of cases), the borrower will pay the debt in installments according to the court verdict, in proportion to his level of income. This is not profitable for the bank;
• The court often grants defendants' requests to cancel fines, penalties, interest and other additional payments accrued by the bank. Sometimes a decision is made to return insurance payments to the borrower, and he may be given a deferment for the payment of the principal debt.

You should not count on a deferment of loan payments or their reduction in the absence of objective reasons, such as dismissal from work or serious illness. The court will definitely side with the bank. If you have problems with loan payments, then you should choose an open position in relation to Tinkoff Bank. It is best to contact the employees of this organization with all questions and find out about possible peaceful ways to solve the problem.

When the matter comes to court, it would be a good idea to seek advice from a third-party lawyer who will help you look at the situation from the other side and achieve the most favorable terms for repaying the loan.

Tinkoff Bank is a unique organization in its own right, positioning itself as a completely electronic bank that does not have offices. In general, his work is quite good and does not cause a negative response among thousands of clients, but his wide coverage and lack of “centralized” authority sometimes leads to various conflicts.

So what to do if Tinkoff Bank violated your rights? Of course, complain. And it is the court that will help you achieve what you want most effectively. Our article will tell you how to file a claim, achieve the desired result and receive fair compensation.

Features of the proceedings

Before starting a conversation about the trial with Tinkoff Bank, several features related to its very structure should be noted. Let's look at them briefly:

• Most transactions are performed remotely, and documentation is sent to clients electronically. So it is better to save all the files you receive from Tinkoff Bank, just like letters;
• Although this bank does not have the usual branches, it still has offices. So you shouldn’t immediately sue any complaint - find out where you can file a preliminary appeal in your city and try to resolve the issue before the trial;
• Since disputes on various issues are resolved at the first stages with the help of the customer relations department, be sure to request the inclusion of recordings of these conversations as case materials.

Remember that these features of Tinkoff Bank do not in any way affect the laws and principles by which it must operate. So the trial itself will remain virtually unchanged. So don’t be afraid to face some significant difficulties.

Grounds for complaint

You can complain about Tinkoff Bank in all the same cases as about a regular bank. You can submit your claim in the following cases:

• A bank employee violated your rights, insulted you, disseminated your personal data;
• The bank lost your personal documents or money, but refused to pay the due compensation. For Tinkoff Bank, such situations are rare, since the entire system is mostly electronic;
• The bank used your funds without your prior consent;
• Without your consent, either the bank refused to fulfill its obligations;
• You or another professional crime.

How to file a claim?

Let's get down to it. To begin proceedings, you will first need to inform the court of the violation. And this can only be done with the help of a statement of claim. Writing it is quite difficult, since you will need to adhere to a clear form. The standard statement of claim against Tinkoff Bank consists of three parts:

1. Title. Any appeal to government services begins with it. It is written in the upper right part of the A4 sheet, since the left is reserved for affixing seals and marks in the court itself. The text of the title itself contains the details of the courthouse, information from the plaintiff and details of the defendant. After this, write the title of the document “Statement of Claim against Tinkoff Bank” in the center of the sheet and fill out the next part;
2. Information part. It states the data on the case, your claim to the bank, actions to peacefully resolve the conflict, requirements to the court and their justification from the point of view of law;
3. Final part. Its purpose is simple - it contains additional information on the case materials, a list of documents attached to the claim, the signature of the applicant and the date of filing the lawsuit.

All three parts of the application must be written according to strict guidelines. They are very simple and if you approach the preparation issue responsibly, you will not have any problems. Their list is not long:

• Use business writing style. Remember that you are drawing up an official document - an appeal;
• Don't use insults. Please remember that insulting statements may result in you being sued;
• Write only confirmed facts. Avoid inaccuracy and contradictions;
• Write briefly and clearly. If you have any of your own conjectures, small details and opinions, then keep them until the start of the trial - you will have time to speak out;
• Do not use obscene language. Such appeals are not even read in court.

Sample

How to start the proceedings?

In order to initiate a lawsuit with Tinkoff Bank, you will need to submit your statement of claim along with a package of documents. This is not so difficult to do, but difficulties may arise here too.

Let's start with the question “Where to file a claim against Tinkoff Bank?” The answer depends on the value of the claim (the amount of money you need in compensation). If this amount is less than 50,000 rubles, then the claim is filed in the magistrate’s court. Otherwise, the claim is filed in arbitration court. In addition, you can file a claim in court at your place of residence, at the location of the Tinkoff office that committed the violation, or at the place where the contract that was violated was signed.

The next difficulty is submitting the application itself. This can be done in only three ways: in person, with the help of a representative with a power of attorney, or by mail. The latter method is not recommended, as the letter may get lost or not arrive on time. To be on the safe side, use registered letters with notifications.

Well, the last question is “How to win a case?” It’s difficult to answer, since there are no universal tactics. However, two pieces of advice will help you in any situation and in any claim against the bank. First, don’t be afraid to protect your interests. The bank is required to follow hundreds of regulations when dealing with clients, so the law is likely to work against it. Second, hire a lawyer. The bank will do the same and organize protection in advance. You should also think about the support of a specialist even before litigation begins.

Thanks to the user alex-khokhlov, I am pleased to present you with examples of complaints about the bank’s recent actions to reduce the interest rate. You simply download, add your details and submit. This doesn’t take much more time than writing another message in the Tinkoff contributions thread.

1. Write a review on the portal about the bank in the People’s Rating - we don’t want that after all this the bank for ignorant people is very good, customer-oriented and generally in 4th place, given that there have already been complaints from users about the disappearance of their negative reviews, I advise you to take a screenshot it, and also remember a direct link to it in the browser. Attention: if you publish a review WITHOUT A RATING, then it will not be included in the bank’s rating and the bank will supposedly remain one of the most customer-oriented on the portal. Even if you have ALREADY published a review without a rating, simply ask the moderator to change it to one that you think is suitable for the bank. Moderators can remove bad ratings, citing the fact that “according to the rating rules, the content of the stated conditions for the provision of products and services is not taken into account in the level of service.”
Therefore, write to the moderators (you can immediately in the text of the review) that in this case a negative rating is given because the bank DOES NOT COMPLY with its previously stated conditions for the provision of products and services with which it lured depositors in a difficult time for all banks.
2. Take samples of claims below, add your data and send them to the Central Bank, FAS, RPN (RPN uses the same template as in FAS, change only the heading to INFRINGEMENT OF RIGHTS OF CONSUMERS - preferably by registered mail, but, if absolutely I broke it through the Internet. But it’s better not to be lazy and, when passing by the post office, spend 5 minutes sending it, all government agencies respect pieces of paper with a live signature much more.
3. If your wife, mother, son or cat also has an agreement with TKS, we repeat points 1 and 2 on their behalf.

All 3 points are unlikely to take more than 5-10 minutes!!!

I also hasten to inform you that the FAS has already considered a similar case against another and made a decision in favor of the investors. So no need to worry, your path now is the Central Bank, FAS, RPN.

P.S. I highly recommend subscribing to my blog (click one button). In this case, you will be able to learn about new posts on my blog as quickly as possible. And, believe me, there will be a lot of them in the near future. If you have acquaintances or friends with investments in TB, please send them a link to my blog, you can read it even without registering on the portal, because the more complaints there are, the more difficult it is not to pay attention to them. Thank you.

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