The defendant suggested that the plaintiff submit instructions on the card account, under the deposit agreement, the universal agreement with a visit to the bank's office in Moscow. The bank motivated these actions by the fact that the plaintiff assesses 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 under each agreement. These actions of JSC Tinkoff Bank are illegal, violate consumer rights financial services under a public contract. The bank has a single bank office in Moscow, all banking activities are carried out remotely, via the Internet, the bank has no offices in Perm. In addition, the plaintiff believes that the provisions of clauses 4.5, 4.6, 4.7 of the Conditions of the Comprehensive banking service JSC Tinkoff Bank violate the rights of the consumer, contrary to the current legislation.

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The claim should state the subject of the claim, for example, write that the bank has violated the terms of the contract and requires payment of a larger amount than it should be. Reviews of those who sued Tinkov Judging by the reviews, the outcome of the case depends on the behavior of the person and the amount of debt. Marina, Tver. Designed Tinkoff card Platinum with a limit of 123,000 rubles.

Attention

I cashed out by accident and flew out of the grace period, interest began to drip. And I did not know about it, and just continued to use a credit card. As a result, it turned out that I needed to pay more than 15,000 rubles, and I did not count on such a debt.

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

An error occurred.

The terms of the comprehensive banking services of JSC Tinkoff Bank contradict the current legislation and were declared invalid by the court, the plaintiff's claims to recognize the actions of JSC Tinkoff Bank to limit remote banking, disable the Internet banking as illegal and infringe on the rights of a consumer of financial services, as well as the obligation of JSC Tinkoff Bank to connect the Internet service bank to be satisfied. In accordance with part 1 of article 103 of the Civil Procedure Code Russian Federation, the defendant is subject to recovery of a state fee, from which the plaintiff was exempted upon presentation of this claim, in the amount of 300 rubles. Guided by Articles 194-198, 233 of the Code of Civil Procedure of the Russian Federation, I DECIDED: To satisfy the claims of Sergey Viktorovich Gornostaev.
Recognize as illegal and violating the rights of the consumer of financial services p.

Truth-tv

At the same time, the case file does not contain evidence of the impossibility of the defendant's refusal to conclude a loan agreement on the proposed terms, as well as evidence that the agreement was concluded under the influence of deceit, violence, threat or adverse circumstances. The argument about the need to release Aspen Z.M. from the payment of penalty interest for late payments, taking into account the difficult financial situation, evidence is not confirmed. The size of the penalty interest in the amount (amount) is commensurate with the consequences of the breach of obligation, the court did not have grounds for reducing the penalty interest.

Request Osina Z.M. in the appeal on the reduction of the amount of the accrued penalty, taking into account the provisions of Article 333 of the Civil Code of the Russian Federation, the judicial panel cannot take into account, since the defendant did not declare the application of the provisions of the above article in the court of first instance.

Banker's blog

Important

The bank can use the available on the account cash, guaranteeing the right of the client 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 funds from the client’s account no later than the day following the day the bank receives the relevant payment document, unless other terms are provided 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 of the funds on the account is not allowed, with the exception of seizing the funds on the account or suspending operations on the account in cases provided for by law.

Based on the foregoing, the provisions of s.

Tinkoff Bank played justice

Two months before the decision of the regional court, Volsky paradise. the court issued a writ of execution to the Bank, and bailiffs began to withhold 50% of my pension from me. Now I’m reading about the lawlessness of the Saratov courts when making illegal decisions, I thought it was time to continue the fight against the courts???? credit disputes, a loan at Tinkoff Bank, a loan at Tinkoff, a complaint against Tinkoff Bank, Tinkoff Bank filed a lawsuit Minimize Viktoria Dymova Legal.ru support employee Similar issues have already been considered, try to look here:

• Are there any examples of judicial practice on establishing the right of authorship for a dance?
• Is there a basis for a private complaint against the court ruling on the issue of the debtor's jurisdiction?

Lawyers Answers (2)

• All services of lawyers in Moscow Reducing cash payments on a loan Moscow from 20,000 rubles. Assistance in refinancing a loan Moscow from 5000 rubles.

Bank court. how to achieve the abolition of commissions and fines and not be left without pants

Here is your Lipetsk. Only not shaggy years, but today. Lipetsk Regional Court (Lipetsk region) - Civil The essence of the dispute: Claims for the recovery of amounts under a loan agreement, loan agreement 3 LIPETSK REGIONAL COURT Judge Shatokhina T.A. Case No. 33-476/2016 Speaker Lepekhina N.V. APPEALS DETERMINATION On February 15, 2016, the Judicial Collegium for Civil Cases of the Lipetsk Regional Court, consisting of: presiding Fomina H.The., judges Lepekhina H.The., Malyk V.N., with Secretary Karlina AND.AND.
examined in open court the appeal of the defendant Aspen Z.M. against the decision in absentia of the Dankovsky City Court of the Lipetsk Region dated November 12, 2015, which ruled: Collect from Osina Z.M.
General conditions issuance and servicing of credit cards, the bank's Tariffs for credit cards, which is confirmed by her signature (case sheet 9). Osina Z.M. does not dispute the fact of receipt and activation bank card, as well as the fact that expense transactions on the card and the amount of debt on the loan. The bank's requirement to repay the debt on the loan in the amount (amount) kop.
(case file 16, 17) the defendant did not comply. Satisfying claims for recovery in favor of the bank credit debt, the court came to the correct conclusion, that Aspen Z.M. failed to fulfill the obligation to repay the loan and pay interest. From the calculation presented by the bank, it follows that the amount of debt under the loan agreement is (amount), of which: principal debt - (amount), the amount of overdue interest - (amount), penalty interest for late payments - (amount).

Positive decisions in court cases with Tinkoff Bank

Info

If their actions do not give a result, the dispute is decided by the court. The period through which the claim will be filed is set individually and depends on many factors, including whether the person gets in touch, whether he paid at least one minimum payment. By law, a claim can be filed as early as the next day of delay, but in practice, litigation usually begins no earlier than a year later.

What to do if Tinkoff Bank sued? Usually, having received a pre-trial claim or subpoena, people become confused. You can solve the problem in 2 ways:

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

If problems with paying debts arose due to financial difficulties, there may not be money to pay for the work of a lawyer.
The plaintiff did not appear at the hearing, submitted a statement asking to consider the case without his participation, insists on the claims. The representative of the defendant did not appear at the hearing, was duly notified of the date of the hearing, which is confirmed by information about the delivery of the postal item, did not submit any objections to the stated requirements, did not ask to postpone the case by 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 the order of proceedings in absentia.
[the following is a text that is not presented here, for the essence of the matter it does not matter to us] According to Part 1 of Art.

• Civil law
• Lending
She sued Tinkoff Bank for illegal commissions and high interest in Volsky Paradise. court. Initially, she herself filed a lawsuit with a request to exclude illegal commissions and recalculate the debt at the promised interest rate (proposed - 36% per annum, actually - 43.8%) The court, ignoring the laws of the Russian Federation, my claims, speaking in court, not delving into my evidence, the calculations in the claim are denied. The minutes of the court session were drawn up in a template, without questions or comments to the Bank. I am filing an appeal with the regional court. The court is just as easy, without questions - leaves the decision to paradise. judgment is in force. Further, the Bank files a claim for the recovery of debt in the amount of 138 thousand rubles, consisting of 92 thousand rubles of commissions and excessive interest. I submitted to the court a calculation confirming that I had settled with the Bank at a rate of 36% per annum.

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 disputable situations, both one and the other party can act as a defendant. Let's consider how to act if Tinkoff Bank sues you or violates the terms of the contract itself, demanding to seek justice from Themis. And also we will give some examples from already existing judicial practice.

Information about Tinkoff Bank

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

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

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

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

Litigation is disadvantageous for banking institutions for a number of reasons:

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

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

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

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

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

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

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

The reasons for disputes with the bank are:

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

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

Important! The borrower can only sue if the terms of the lender's contract violate the law - civil Code or the Consumer Rights Act.

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

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

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

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

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

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

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

Thanks to user alex-khokhlov, I'm glad to present you examples of complaints about the bank's recent actions to reduce the interest rate. You just download, add your details and submit. Not much more time is needed for this than for writing the next message in the Tinkoff contribution thread.

1. Write a review about the bank in the People’s Rating on the portal - we don’t want the bank to be very good for ignorant people after all this, customer-oriented and generally in 4th place, given that there have already been user complaints about the loss of their negative reviews, I advise you to take a screenshot it, and remember in the browser a direct link to it. Attention: if you publish a review WITHOUT ASSESSMENT, then it does not go to the bank in the rating and the bank will supposedly be one of the most customer-oriented on the portal. Even if you have ALREADY published a review without a rating, just ask the moderator to change it to the one that you think is suitable for the bank. Moderators can delete bad ratings, citing the fact that "according to the rating rules, the content of the declared conditions for the provision of products and services in the service level is not taken into account."
Therefore, write to the moderators (you can immediately in the text of the review) that in this case a negative assessment is given for the fact that the bank DOES NOT OBSERVE the conditions for the provision of products and services previously declared by it, with which it lured depositors in a difficult time for all banks.
2. We take samples of claims below, add our data and send them to the Central Bank, FAS, RPN (the same template is used in RPN as in FAS, you only change the title to INFRINGEMENT OF THE RIGHTS OF PORTERS - preferably by registered mail, but if it’s really but it's better not to be lazy and passing by the post office to spend 5 minutes sending, all government agencies respect papers with a living signature much more.
3. If a wife, mother, son or cat also has an agreement with TCS, 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 in relation to another and made a decision in favor of the depositors. So do not worry, your way now is the Central Bank, FAS, RPN.

P.S. I strongly recommend to subscribe to my blog (press one button). In this case, you will be able to quickly learn about new posts on my blog. And, believe me, in the near future, there will be a lot. If you have acquaintances or friends with deposits 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.

12.01.2016 17:29
24.11.2015 17:44
19.07.2015 18:07
13.07.2015 12:54
06.07.2015 09:00

Tinkoff Bank has been heard by 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). In "Tinkoff Bank" TCS were renamed in 2015.

The bank initially positioned itself as credit organization carrying out its financial activity in the virtual space of the Internet. Now he almost completely specializes in the distribution of plastic credit cards, he does not have regional branches, his own ATMs and other paraphernalia familiar to banks. All issues are resolved by phone or online through the head office.

Because of this way of doing banking, many users of Tinkoff credit cards have a reasonable question. How to apply for help in restoring violated rights to the 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 malfunctions, due to which customers, holders plastic cards, serious problems can arise.

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

• the bank puts forward requirements for the repayment of debt for an already closed loan;
• funds were debited from the card without any legal reasons;
• 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 deducted from the bank account, about which the client was not notified in advance;
• personal information of the client fell into the hands of third parties through the fault of the bank;
• the bank unilaterally changed the terms of the loan agreement.

Procedure and filing a claim

Suing for violation of rights is not the only possible scenario. Before that, you should always try to negotiate with the bank peacefully, collecting all possible evidence of the illegal actions of the company and presenting evidence of your innocence.

If all else fails, you can file a complaint with Central bank RF or write a complaint to Rospotrebnadzor. These state organizations will be required to conduct an audit of the bank and issue an order to eliminate violations if they are found.

When other possibilities to solve the problem have not had an effect, then it remains only to report the violation of rights to the court. To do this, you need to 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.

The lawsuit against Tinkoff Bank must indicate:

• full name of the judicial authority;
• personal data of the plaintiff (full name, address of permanent registration) and data of the defendant (name of the bank, its legal address, full name of the head);
• a detailed statement of the essence of the case, the causes and consequences of the violation by the bank of the legal rights of the applicant, links to regulations that have been violated;
• a specific request to the court (claims) and their justification;
• list of applications (documents that confirm the position of the plaintiff);
• Applicant's signature and date of submission of the application to the court.

List of documents for filing a claim

The statement of claim is filed either through the office of the court, or through an authorized representative, or by mail of Russia with a return receipt. 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:

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

If the bank is the plaintiff

Can the bank itself sue its client? Not only can, but very often it does. Almost always it concerns the delay in loan payments.

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

However, banks are not in a hurry to sue their customers. There are many reasons for this:

• Accrual is suspended for the period of judicial debate;
• Conducting a case in court requires additional costs for a lawyer. If the bank practices frequent filing of lawsuits against its clients, and not the search for 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's verdict, in proportion to the level of their income. It is unprofitable for the bank;
• The court often satisfies the petitions of the defendants to cancel the fines, penalties, interest and other additional payments accrued by the bank. Sometimes a decision is made to return insurance payments to the borrower, and a delay may be given to pay the principal debt.

You should not count on deferring loan payments or reducing them in the absence of objective reasons, such as dismissal from work or a serious illness. The court will definitely side with the bank. If you have problems with loan repayments, then you should choose an open position with respect to Tinkoff Bank. It is best to contact the employees of this organization on all issues, to learn about possible peaceful ways to solve the problem.

When it comes to court, it will be useful to seek advice from a third-party lawyer who will help you look at the situation from a different angle and achieve the most favorable terms for repaying the loan.

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

Tinkoff Bank sued

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

How to sue Tinkoff Bank?

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

• Final part. Its purpose is simple - it contains additional information on the case file, a list of documents attached to the claim, the applicant's signature and the date of submission to the court.
All three parts of the application must be written according to strict rules. They are very simple and if you approach the issue of preparation responsibly, you will not have any problems.

Their list is not long:

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

Court and Tinkoff. if tinkoff bank sued you

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

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

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

Attention

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

Attached to the application:

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

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

Does Tinkoff Bank sue debtors

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

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

Tinkoff Bank sued

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

Info

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

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

Tinkoff sued how to respond to the lawsuit

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

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

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

1. Tinkoff filed a lawsuit against c. Faradzhova I.V. demanding to recover accounts payable and legal costs.

   By the decision of the court of the Volgograd region dated February 6, 2013, the requirements were satisfied.

2. The Zheleznodorozhny District Court of Rostov-on-Don dated February 11, 2014 considered the claim of Tinkoff Bank against gr. Rogacheva L.A. on repayment of the debt under the contract and legal costs.

   By decision dated 11.02.2014, the bank's requirements were satisfied.

3. The creditor filed a claim against Mr. Rybakova O.G. demanding payment of a loan.

To avoid the court Submit a written application to the bank indicating the reason for the inability to pay the loan. Here you can also ask to restructure your debt by extending the repayment term and reducing your monthly payments. If the payment deadline has expired, ask the bank to stop accruing penalties.

At the same time, emphasize the willingness to pay the principal debt. As a rule, the parties manage to reach an agreement. The bank prefers to cooperate with an incomplete payer than to burden itself with a complete defaulter. Model of behavior of a potential defendant If the bank has filed a claim with the court, be sure to take part in the dispute resolution process. The defendant's failure to appear negatively affects his position in the conflict, characterization, and, ultimately, affects the decision on the case.