(No. 151 in, state - $ 0.7 billion), on Wednesday announced the settlement of the conflict with a resident of Voronezh Dmitry Agarkov, who demanded 24 million rubles from the bank for violations of the conditions loan agreement, according to the bank's website.
The parties decided to end the conflict “in a gentlemanly way”, by removing mutual claims, the statement of the president of Tinkoff Bank is cited in the message. Credit Systems» Oliver Hughes. The press service of the bank also published the words of Dmitry Agarkov, who said that his change in the content of the text of the application form for a loan was "just a joke." “Of course, I don’t recommend other people do this. Before getting a loan, you need to think a lot and study the conditions of the bank, but if you already agreed, then you should follow the conditions,” the Voronezh resident said.
For his part, Hughes added that credit organisation is working to improve financial literacy. At the same time, he noted that customers should be responsible borrowers. Hughes added that the bank issued for Agarkov debit card, according to which the bank accrues 10% per annum on the card balance and pays cash back up to 30% for certain types of purchases.
In this situation, the winner is the one who used the loan for several years, considers CEO Interfax - CEA Mikhail Matovnikov. In his opinion, the lawsuit was not beneficial to any of the parties: Agarkov would hardly be able to sue $ 1 million, but he would have made problems - at least other banks would have become afraid of him. If you look at this issue from the point of view of truth, it becomes obvious that the fight against the unfair practices of the bank is not the fight of liars against deceivers, Forbes' source noted. If the victory over the bank was won by a person who acted in the same way as the bank itself, this would not be the right way out - the struggle should be fought in a purely legal field, he believes.
The behavior of the client in this situation can be regarded as an abuse of the right, says Andrey Zuev, head of the legal department of Nordea Bank. The bank has a normal legal position to challenge the claims, so it is not clear why in this situation to make a concession, he said.
The conflict between a resident of Voronezh and Oleg Tinkov's bank became known last week. According to the Voronezh media, Agarkov (initially in the messages he appeared under the name "Dmitry Alekseev") filed a lawsuit against the bank, demanding to pay him 24 million rubles for violation of the loan agreement. The Voronezh citizen concluded the contract in 2008 by filling out an application form thrown into his mailbox. At the same time, Agarkov changed the text of the agreement, printed in small print. According to the conditions put forward by him, the bank provided him with an unlimited and interest-free loan, undertook to pay compensation of 3 million rubles for a unilateral change in the terms of the contract, and 6 million rubles in case of termination of the contract. The bank did not notice the substitution, the contract was approved and Agarkov was given a credit card.
The amended contract became known after TCS terminated the contract with the Voronezh citizen in 2010 due to late payment of the loan and sued him, demanding the payment of a debt in the amount of more than 45,000 rubles. Agarkov presented an agreement with the bank in court, which was recognized as legal. The Voronezh resident filed a counterclaim against the bank, demanding compensation in the amount of 24 million rubles.
Oleg Tinkov last week made threats to the borrower, he was on Twitter "not 24 million, but real 4 years for fraud" ( spelling preserved). The next day, Agarkov, in an interview with the Internet publication slon.ru, that because of the threats of the banker, he decided to emigrate. Last Monday, Voronezh's lawyers filed a lawsuit for the protection of honor and dignity against Oleg Tinkov.
A resident of Voronezh deceived the bank for 24 million, correcting the "fine print"
The 42-year-old Voronezhets found a clever way to turn this feature to his advantage and now, taking advantage of the inattention of the bankers, he is going to sue them for 24 million rubles. Read more under the video.
In 2008, a resident of the regional center received a letter from CJSC Tinkoff Credit Systems with an offer to use a credit card. For its registration, it was necessary to fill out an application form and send it to the specified address.
The Voronezh citizen scanned the form and changed the conditions offered by the bank in the very part with small print. He pointed out that the interest rate for using the loan and the commission for issuing cash are 0%, and "the client has the right not to pay all commissions and fees stipulated by the tariffs."
In addition, instead of the bank's address www.tcsbank.ru, the Voronezh citizen indicated his website www.tcsbank.at.ua, confirming that "I am familiar with the current General Conditions and Tariffs posted on the Internet." In other words, he prescribed for himself an unlimited and interest-free loan.
Separately, the contract on its website provided for cases in which the bank violates the terms of the document. “The Bank is not entitled to make changes and additions to these General Conditions in unilaterally. In the event of a change, addition, replacement of the General Conditions unilaterally by the Bank, the Bank pays compensation to the Client in the amount of 3,000,000 (three million) rubles for each next change, addition, replacement of the General Conditions,” the client indicated.
Compensation from the bank upon termination of the contract unilaterally was set at 6 million rubles.
Soon, the legally savvy client received from the bank an approved copy of the application form and a credit card. This meant that the bank agreed to the proposed terms. Apparently, the bankers signed the document without reading, never knowing that the client offered them his terms.
The bank terminated the contract with the Voronezh in April 2010, as, according to TCS, the client began to delay payment minimum payment. Two years later, Tinkoff Credit Systems CJSC went to court to recover standard delays, commissions and fines from the former client. The Voronezh resident, having paid only the amount of the principal debt, filed his own lawsuit, demanding 24 million rubles in compensation from the bank for violating the clauses of the loan agreement concluded on its terms.
Now the Voronezh citizen has good chances to win a lawsuit against the bank. If only because earlier the court recognized the contract concluded by the parties as legal. According to this decision, the contract drawn up by the client is recognized as legal.
The news that the client outwitted Tinkoff Bank by 24 million rubles has already spread all over the Internet. How is this even possible? And where is this resourceful daredevil now: serving time behind barbed wire or counting millions in the Maldives?
By writing something in the contract in small print, organizations make a profit at the expense of inattentive people, everyone knows this and is not prohibited by law. Can an ordinary person do the same?
In 2008, Dmitry Agarkov, who lives in Voronezh, received an offer to issue a credit card by mail and decided to use this trick. As he says now, there was a desire to joke, there was no purpose to deceive. Then he tried to justify himself with an article from the civil code - article 421 "Freedom of contract", according to which, any of the parties can change the conditions before signing the contract.
Tinkoff bank, referred to until 2015 as Tinkoff Credit Systems (TCS), offered attractive lending conditions, in small print prescribed a loan rate of 12.9% per annum, in addition to accruing 0.1% daily. The client only had to fill out the attached general conditions questionnaire and send to the addressee.
The 42-year-old Voronezh resident decided to take advantage of the situation and changed the tariff information so that the loan rate and the commission for cash withdrawal were equal to 0%. In order to protect his own finances, he attributed another clause, which indicated a fine equal to 6 million rubles, subject to a unilateral violation of the contract.
Upon receiving documents from Agarkov, the bank, not suspecting a trick, put stamps and sent him a credit card.
Agarkov managed to live comfortably and with impunity for 2 years - he took only the minimum that was provided on the card. But I missed the last 2 payments due to business trips.
At the end of 2010, TCS terminated the contract with the client and issued him an invoice with accumulated debt, fines of at least 45 thousand rubles.
The man did not react to the situation in any way, in 2012 TKS filed a lawsuit. The plaintiff failed to prove that the transaction was not legal, the defendant provided all Required documents and agreed to pay only that part of the amount that he owed under the terms of the signed agreement - 19,000 rubles.
Tinkoff bank owner.
After 2 months, the one who deceived the bank decided to finish the job - he turned to the customer support service of TKS Bank with a claim in which he pointed out 8 violated clauses under the contract and demanded compensation of 24 million rubles, according to the contract.
In August 2012, a preliminary hearing was held during which district court Voronezh sided with the plaintiff, changing the amount demanded by him to 900,000 rubles.
According to third parties, the Voronezh citizen had every chance of winning, and it was necessary to punish those bank employees who did not check the documents. Immediately, information appeared about the unscrupulous work of TCS, since even small banks have verification services.
TKS lawyers, as Tinkov said, promise the resourceful Voronezh resident 4 years for fraud, not 24 million.
After the preliminary hearing, Agarkov complained to reporters that threats had begun against him, and he was ready to leave Russia.
On social networks, Tinkov spoke impartially about the “swindler” who outwitted everyone. After that, the banker's followers decreased, the wall of Tinkov's page was full of pictures with cut bank cards and slogans to change the lender.
Soon, in an interview with the president of the bank, Oliver Hughes, it turned out that the parties parted ways amicably, Agarkov withdrew the claim, and TCS issued him a debit card.
The curiosity with Agarkov is the first, but not the last, precedent. Several cases have been recorded when, inspired by the situation with the Voronezh man, clients tried to outsmart the TCS, but now the security service and account managers are always on the alert.
Issuing loans without the personal presence of customers, which Tinkoff Bank specializes in, always carries a risk. But Tinkov proved more than once: who does not take risks is not a billionaire.
A story about why, after almost 6 years of using Tinkoff Bank, I want to stop using it and protect others from it. If earlier I sincerely recommended this bank to everyone, now I will no less sincerely recommend not to contact him.
The story began in April 2015, in many banks interest rates on deposits were increased. Tinkoff set a rate of 17% per annum in rubles and I placed a deposit. It is important to note that this deposit is replenishable.
Several months passed, and the bank unilaterally decided to change the terms of the agreement: a reduced interest rate of 13% per annum began to be applied to all replenishment of deposits credited from July 1.
To understand the changes, I will give a calculation, it is a bit simplified, but on the whole it reflects the essence. If you opened a deposit on April 1, 2015, for a period of one year and replenished it by 500 thousand rubles on July 1, then according to the initial conditions, at the time of the end of the deposit, 500,000 * 9 * (17% / 12) = 63750 rubles percent. Under the new conditions, 500,000 * 9 * (13% / 12) = 48,750 rubles, we get a difference of 15,000 rubles. That is, the bank unilaterally decided not to pay this amount.
Well, there were people who were not too lazy to file a complaint with the FAS, there was a trial. As a result, on June 1, 2016, the Arbitration Court confirmed the decision of the FAS that the reduction in rates for replenishment violates competition law and ordered the bank to pay the due interest.
What do you think the bank did? They posted the news about this on the site and did not inform the customers in any way, either by SMS or by mail. The news says that the bank cancels the decision to reduce interest rate and to receive interest, you must contact the bank. Accordingly, if you do not contact the bank, then the interest will not be returned to you. It is easy to guess that the number of people who have learned about this tends to 0. I myself learned about this news quite by accident when I saw a link in the social. networks.
I think the reasons for such a “quiet” way of informing are obvious, because the total amount of these payments is about 300 million rubles.
After that, I applied to the bank for the payment of interest, compensation for the use of them and asked to clarify when the bank plans to notify customers about this situation. I'll follow up with the correspondence.
Hello!
I would like to start the letter by saying that I have been your loyal client for almost 6 years, sincerely recommended your bank to my friends and acquaintances. And today I doubted the correctness of my choice.
Quite by accident I came across an article (), which says that the bank cancels the decision to reduce the interest rate, which applied to deposits opened from December 2014 to April 2015. I had a deposit opened just during this period, but no interest and compensation I have not received. Apparently, this is due to the closing of the deposit, before this decision is made. Quote from the article: “In order to receive a payment under a closed deposit agreement, clients need to contact the bank (by calling the contact center 8 800 7557998, by mail or by email) and inform about convenient way enrollment Money.”
It turns out that I and all the depositors who closed the deposit, if they do not apply to the bank, will not receive their legal interest. I understand that in the aggregate this is a significant amount, but I believe that the bank should inform all such depositors about this situation and transfer the interest due to them. I am sure that this is also more profitable from a business point of view, although in the short term it will lead to significant expenses (return of interest), in the long term it will pay off due to loyal customers.
I ask you to carefully consider this appeal, it is best to bring it to the person in the bank who is aware of this situation and give answers to the following questions:
1. Please send a detailed calculation of the interest that was not accrued on my deposit and transfer it to a debit card.
2. I have no desire to waste my and your time on lawsuits regarding compensation for interest not received on time, although there are detailed instructions how to do it (). Therefore, I want to clarify what compensation you are ready to pay in connection with the current situation?
3. Probably the most important question, when do you plan to notify all clients who closed deposits and did not receive interest? And transfer interest and compensation to them?
I hope for a prompt reply and explanation of this situation.
Sincerely, still a loyal client, Anatoly Fedchenko.
Received a response, the bank believes that it informed the customers by posting the news on the website. As I wrote, the probability of reading which tends to 0.
Hello Anatoly Valerievich!
Sorry, we do not open links to third-party resources. This is a security requirement.
If you sent valuable information in the link, please send it to us again by attaching it to the reply letter.
We recommend using .jpg, .pdf, .tif, .doc formats for documents and images.
Regarding your questions:
1. We passed the information on to our colleagues to prepare a detailed interest calculation. Colleagues will send the calculation to your email within 3 working days. The payment will be 6,058.37 rubles. and will be transferred to the card account within 2 calendar days.
2. The calculated payout includes lost interest, which should have been accrued on all deposits (including the deposit bonus Bank transaction) carried out after the decision of the bank to lower the rate, and the capitalization of these interest. Also, the final amount already takes into account the payment of personal income tax.
3. Clients were informed on the bank's website, news dated 06/24/2016.
From the news on the site, it may seem that the interest for those whose deposit was extended should be automatically calculated, but, as it turned out, this did not happen. I wrote about this and that the bank, in my opinion, is not behaving well. Offered them possible ways out of the situation.
Good afternoon!
Thank you for your prompt response.
Today I found out that the interest was not automatically returned to those bank customers whose deposits were automatically prolonged. It turns out that almost all clients (those who closed these deposits at the end of the term, and those whose deposits were extended) need to somehow find out that they need to contact the bank for a refund of interest. I think it is obvious that about 0 customers read the news on the site, and you did not inform them in any other way.
You now have two options:
1. I report to all media about the current situation, which is as follows: despite the decision Arbitration Court, which declared your actions to reduce the interest rate illegal, you did not properly inform the customers. In fact, you have not paid the interest due a large number their clients, because they did not find out that they should be paid interest and did not contact the bank. I think the reputational losses and the guaranteed appeal of the majority of clients for their interest, after the media hype, are obvious.
2. I like your bank and service, I don't want this situation to ruin his reputation. I think everyone has the right to make mistakes. Therefore, I can not contact the media, but give you the opportunity to even get a positive PR in this situation. To do this, you need to do the following: you yourself inform all customers concerned (via SMS and mail) about the need to contact the bank to choose where the interest will be transferred. In case someone does not pay attention to SMS or mail, you inform through the major media about the need to contact the bank to receive interest, clearly describing those concerned and the sequence of actions to receive interest. Thus, you will show your honest position in relation to customers and that you are not chasing momentary profit, but building long-term relationships with customers, taking care of your reputation, etc.
Perhaps you see the situation and the way out of it somehow differently, you are ready to hear and discuss it.
The bank said that, according to the agreement, they can inform customers in any way at their discretion.
It is clear that this is a standard reply from an employee who does not have the authority to make any decisions and acts according to instructions. Therefore, I asked that this appeal be passed on.
I have no doubt that you have legal grounds to notify only in the specified way. I think in the previous letter I clearly explained why this is a bad decision.
I understand that this answer is most likely a standard unsubscribe according to the instructions. Therefore, I ask you to convey the previous letter to the higher management so that they can make an informed decision.
Dear Anatoly Valerievich!
The information you provided has not been ignored. Thank you for submitting an offer.
The Bank first of all posts news on the official website for timely review. Decision about the payment of funds in the amount of income shortfall as a result of a decrease in the interest rate charged on the amount of replenishment made, was not hidden from customers and provided properly.
According to the FAS order, the bank had to pay lost income to customers. This is what we have done / continue to do, fulfilling the order, as part of the news published earlier on the website of our bank.
I also decided to find out if the bank is going to compensate for the time of using my money, because they were at its disposal from the moment the deposit was closed until the moment it was returned without my consent to this.
Good afternoon!
On the second point, your colleagues sent a file with a calculation. It does not take into account the lost profit, in the period from the moment the deposit is closed, until the moment the interest is paid. In fact, the bank “used” my money all this time, without my knowledge and consent to it. Therefore, I want to clarify how this will be compensated?
The bank replied that it was not going to compensate in any way.
Hello!
Previously, colleagues sent you the correct calculation of interest.
This calculation indicates the entire amount that is intended for payment on this deposit.
Unfortunately, no other payments are provided.
Why do I want to stop using Tinkoff Bank and do not advise anyone to contact him:
The story of how a client outwitted Tinkoff Bank by 24 million rubles in 2012 suddenly glorified a simple resident of Voronezh and divided everyone who heard about it into two camps: those who supported the actions of the man, and those who considered them invalid. What did this man do, and how did he anger Oleg Tinkov?
It all started in 2008 after Dmitry Agarkov from Voronezh found in his mailbox an agreement from Tinkoff Bank for issuing and servicing a credit card.
The usual practice for Tinkoff: a person studies the contract, signs it if he is satisfied with the conditions, and sends it back to the bank for signing. Then he receives a credit card by mail or courier and uses it.
Fact! An enterprising 42-year-old man on the computer corrected a couple of clauses of the contract, written in small print, and sent this copy to the bank.
Agarkov himself later said that at that time he perceived it as a joke, he was not going to deceive anyone, and he certainly did not think that everything would go so far. According to new version agreement, Tinkoff provides him with a credit card at 0% interest and without the possibility of accruing any fines and penalties.
Bank founder Oleg Tinkov. In other words, according to the agreement, the bank must provide the man with an interest-free unlimited loan. In addition, the Voronezh citizen prescribed fines that are imposed on Tinkoff Bank in the event of a unilateral change in lending conditions, and added a clause obliging the bank to pay 6 million rubles for terminating the contract.
Unsuspecting bank managers, having received the document, signed it, and soon the credit card was already in Agarkov's hands.
For four years, Agarkov actively used a credit card and returned only the amount he took, without interest, that is, exactly as it was written in the contract. In 2012, Tinkoff terminated the contract with him and, through the court, tried to recover 45,000 rubles from the Voronezh citizen for late payments, but the court ruled that the demand was unreasonable, and the contract signed by both parties in 2008 is legal, since the client exercised the legal right change the terms of the contract before signing it.
Agarkov agreed to pay only 19,000 rubles, the amount he owed to the bank, without fines and penalties.
Nuance! O. Tinkov was sure that he was right and promised Agarkov 4 years in prison for fraud, and not millions for a case won in court. He called him a crook who outwitted the bank.
After such messages posted by the head of Tinkoff on social networks, the Voronezh man and his lawyer demanded a public apology from him and another 900,000 rubles for moral damage.
Opinions are divided on social media about this. It seemed to some that Agarkov was going too far, but the majority sided with him, believing that since a bank can enjoy the trust of inattentive people by offering them loans on unfavorable terms, then customers have the right to do the same.
Soon, the man's lawyer told one of the news portals that Agarkov was going to leave Russia because of threats coming to him from representatives of the bank.
In 2013, Tinkoff CEO Oliver Hughes commented on the current situation. He said that the parties came to an agreement and removed mutual claims. The details of this agreement are unknown, but, according to unofficial data, the bank paid Agarkov about a million rubles. Also, as a sign of reconciliation, Tinkoff issued a debit card for the Voronezh citizen.
Later in an interview, Dmitry Agarkov noted that he did not want anyone to follow his example and try to outsmart or deceive the bank. He urged everyone to always carefully read the contract with the bank before signing, especially the lines written in small print. In the future, this will save customers from unpleasant surprises and disagreements with the bank.
