Tinkoff Bank was suing over loans. Is Tinkoff Bank suing debtors?

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

If actions credit organization violate the terms of the contract, 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 his 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:

Collect all certificates and agreements that confirm illegal Tinkoff's actions jar.
Apply in person or via registered letter to the court specified in the contract.
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. Did he decide not to sue the 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 a few examples from an 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 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.

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 collection agency the right to collect the debt on commission or in its entire amount.

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:

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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 - 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 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, a financial institution lost a court case in the city of Perm. The plaintiff was Tinkoff client, who was blocked without explanation from access to cards and Internet banking, 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 agreements with financial and credit institutions, which resulted in the decision of Dzerzhinsky district court of the city of Perm, which recognized the violation of the client’s rights and the illegality of three points of the Terms of Comprehensive Service.

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 has also served 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"About 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 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:

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).
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 the court's decision. writ of execution which involves dividing the amount of debt into a large number of payments, which are this moment the debtor can pay.
Quite often, the court makes a decision in favor of the bank, but obliges the borrower to pay only the amount of the principal debt, without accrued fines and penalties.
Litigation means 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:

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.
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 maximum open position in relation to the bank. You can contact our staff with any questions you may have. credit institution who issued the loan to you, get advice from a bank lawyer, and do not hide from communication 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.

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If you don’t pay your loan, you could end up in court with Tinkoff Bank. Process by Russian legislation is no different from, for example, a court case with Sberbank or Alfa Bank.

Why are there so many rumors around online banking? People believe that the claim is filed by the collectors to whom the debt was sold or the owners of partner ATMs. In fact, the mechanism is simpler and you can prepare for the process in just a few steps.

Paradox: court is more profitable than a simple delay

Typically, filing such an application is used as a legal option to delay collection until the arbitration court considers the debtor's bankruptcy application and makes a decision.

How to avoid losing money in a lawsuit

If a lawsuit is planned with Tinkoff Bank or the collectors to whom the debt was sold, you need to soberly assess your abilities and capabilities. Search online for cases similar to yours in your area. If the courts terminate loan agreements, it makes sense to try to repeat the success of other borrowers.

The matter is complicated and there is no understanding of how to write a claim and represent yourself in court? Assess the market legal services. A hired representative will increase costs, but it makes sense to contact him if the amount of debt is significant.

A lawyer is also needed to assess the prospects of a counterclaim. But you need to be prepared for the fact that they will still try to collect the debt, and if its amount exceeds 500,000 rubles, it is worth considering the option of bankruptcy.

A lawsuit with Tinkoff Bank is a rather rare situation. Most debts are collected by court order; it is important for the debtor to receive it on time and dispute it, or contact the bank with an application for debt restructuring.

Advice from a lawyer about litigation with a bank

Borrowers also have the right to sue the bank on various grounds. In this case, there are usually requirements for recognition loan agreement in part of some of its provisions is illegal and (or) on the collection from the bank of amounts unlawfully withheld to repay the loan, penalties, commissions. The likelihood of winning the case in court and its main factors From the point of view of the likelihood of the borrower winning the case in court, it is not so much the fact of who exactly was the initiator of the claim that is important, but the following circumstances:

Goals and objectives that the borrower sets for himself. A win can be viewed in different ways, and it is not always associated with the court’s satisfaction of all the borrower’s demands or, on the contrary, with the refusal to satisfy the bank claim.

Tinkoff Bank filed a lawsuit

forming an evidence base for the court to accept and approve your restructuring plan - establish a deferment or installment plan (the problem is solved by convincing evidence of a difficult financial situation, temporary inability to pay the entire amount at once, and similar circumstances).

Your goal is the court’s refusal to satisfy the bank’s claim for the collection of fees accrued for various reasons on the loan. Just a few years ago, such cases were very common in judicial practice. Today they are rare. But there are good prospects of winning for them, even if the commissions were provided for in the loan agreement.

Banker's blog

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 as illegal and in violation of consumer rights financial services. Oblige Tinkoff Credit Systems Bank (CJSC) to activate the service Internet banking in relation to Sergei Viktorovich Gornostaev. To collect from Tinkoff Credit Systems Bank (CJSC) a state duty in the amount of 300 rubles for the income of the corresponding budget.

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.

How to win a lawsuit with Tinkoff Bank

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 failures in remote maintenance related to disruptions in the operation of communication equipment and/or communication networks, and losses incurred in this regard. This paragraph contradicts Art. 309, 310 Civil Code 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 the obligation and unilateral change of its conditions are not allowed.

How to act in case of litigation with Tinkoff Bank
Go all in
Is Tinkoff Bank suing debtors?
Litigation with bank over loan
- How to win a lawsuit against a bank over a loan? What is worth remembering and how to prepare for the process?

How to act in case of litigation with Tinkoff Bank 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.

How to win a lawsuit with Tinkoff Bank over a credit card

Important

The bank can use the funds available in the account cash, 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 issued in accordance with it banking rules or by agreement bank account. Article 858 of the Civil Code of the Russian Federation stipulates that restrictions on the client’s rights to dispose of funds in the account are not allowed, with the exception of seizing funds in the account or suspending operations on the account in cases provided for by law.

Based on the above, the provisions of paragraph.
This story made Dmitry famous throughout the country, and Oleg Tinkov in his microblog called the cunning Voronezh resident a fraudster and promised to imprison him for four years. “We gave Tinkov time to apologize, but none came.” Therefore, we filed a claim at the legal address of TKS in the Khoroshevsky Court of Moscow,” said Alexander Kolbasin, an employee of the legal agency representing the interests of Dmitry Agarkov. During the trial, the plaintiff left Russia, just in case. Lawyers do not exclude the option of filing a statement with the police to initiate a criminal libel case against Tinkov.

How to win a lawsuit with Tinkoff Bank

Attention

Tinkoff Bank suing debtors You will not be able to provide worthy resistance to the bank without objective reasons for this; the court satisfies the legal and justified demands of a bona fide counterparty. How to win a lawsuit with Tinkoff Bank practice) You open the envelope and see this Tinkoff Bank is focused on increasing assets, so it tries to agree with the client on restructuring, creates “profitable” credit terms. This bank often cooperates with debt collectors. Litigation with the bank over a loan It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the proposed options: Considering that plaintiffs are often interested in winning a lawsuit with banks over a loan, rather than delaying the process, the defendant can count on a reduction in demands and the possibility of receiving installment plans or writing off part of the debt.

How to win a lawsuit with Tinkoff Bank practice

Tinkoff Bank is suing my husband for not paying interest within 3 months, on October 19 there will be a trial in Moscow, it’s far from us, they said that you can finish reading the answers (1) Topic: Can I sue Tinkoff Bank Tinkoff Bank filed in the city court, the court, without much delving into it, took the side of the bank and ordered me to pay the debt, I don’t agree with this amount, I feel like I didn’t pay at all, how can I protect myself? read answers (1) Subject: Payment failed I took it tinkoff card for 110 thousand, I paid regularly, but about a year ago, a couple of months ago there was a delay due to unforeseen expenses, money at home to combine the answers (1) Topic: The bank sued me In 2010, at the insistence of the Bank, Tinkof took credit card, always paid on time, for the last year and a half I haven’t used the card at all, but at the same time I paid monthly fees in the amount of 6,000 thousand. read answers (1) Topic: Deferment of execution of a court decisionIn 2015
I took a card from Tinkoff Bank in the amount of 10,000. I paid several times, then I stopped paying because wage began to amount to 5000. read answers (1) Topic: Credit card I took out a credit card in the amount of 30,000 rubles in 2011, then the bank added up to 45,000, even later up to 92,000 rubles, but I paid them 216,000 rubles, now they have filed a lawsuit, I owe them .read answers (1) Topic: Court with a bank over a loan Tinkoff Bank filed a lawsuit against my husband, and bailiffs Sberbank account was fined, BUT there was no subpoena and the trial passed without him. Read answers (4) Topic: How to sue Tinkoff Bank How to sue Tinkoff Bank? It turned out that I am not able to pay... from 18 thousand...
Topic: The bank sued Tinkoff bank sued me in absentia. read answers (7) Topic: Sue Tinkoff bank wants to sue me. read answers (4) Topic: They made decisions without me Tinkoff bank sued me and it looks like the court made a decision without me. read answers (3) Topic: Receive a court order Tinkoff Bank sued me, yesterday I received a court order, what should I do, how can I cancel it? read answers (3) Topic: Non-payment on a credit card Bank Tinkoff sued me for non-payment of a credit card. According to the statement they sent, the amount withdrawn by me is 222,000 read answers (4) Subject: Minor child I took out a credit card from Tinkoff Bank. I paid it off and asked to close the card. A year later they call me that I have a debt of 3000 rubles read answers (4) Hello.
Tinkoff Bank filed a lawsuit, a registered letter arrived from the magistrate.

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The correct word is “imprinting”.

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

3 comments

System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.

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.

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.

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.

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 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%.

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.