Who had a trial with Tinkoff reviews. Bank Tinkoff courts. Grounds for complaint

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

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

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

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

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

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

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

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

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

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

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

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

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

I would also like to draw your attention to the fact that credit funds are provided in the event of the absence or insufficiency of the client’s own funds when the client performs transactions using a bank card within the limit stipulated in the agreement.

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

In general, you understand me)

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

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

Lawyer Shabanov N.Yu., 20164 answers, 9651 reviews, on the site from 03.23.2017
12.1. Hello, when you receive a court order, file an objection to it within 10 days and the order will be cancelled, after which the bank can file a claim in court, where they will have to sort out the situation in court.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

18. Tinkoff Bank filed a lawsuit against me.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

So you canceled the court order.

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

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

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

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

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

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

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

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

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

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

25. My name is Alexander, I don’t know what to do, it’s already a cry from the heart! I took out a loan from Tinkoff Bank for 46,000 rubles, I paid for 5 years and could not repay, in the end I paid them 263,000 rubles, I gave up and stopped paying, they sued me, the court was in my favor, a year later they through the courts pris., sends a claim to my work, as a result, they began to withhold 50% of my salary, paid another 116,000 tr., went to get a certificate from the bailiff, that he did not owe anything to the bank, after 4 months they started calling me from the collection company “Phoenix” they say I have a debt amounting to 1500 tr and where did it come from, they said that these are accrued post-trial fines and that I need to pay them, and they will give me a certificate that I do not owe anything to the bank, I paid, called and asked send me a certificate, to which I heard that I have a debt again and they won’t give me any certificate until I pay it off, which is 13,800 rubles, but the bank gives me a gift if I pay them 50% of the debt, which is 6,900 rubles. and they will forgive me the rest... In my opinion, this smacks of fraud, please tell me what to do, thanks in advance.

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

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

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

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

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

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

Lawyer Lagutkina Yu. V., 924 answers, 618 reviews, on the site from 02/24/2019
28.1. Good morning, you have the right to write a complaint based on this. that such an increase in the initial conditions violates the Federal Law “On the Protection of Consumer Rights”, therefore, then go to court.

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

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

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

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

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

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

If the actions of a credit institution violate the terms of the agreement, then the client has to think about how to sue Tinkoff Bank. Sometimes the bank itself acts as a plaintiff. To increase your chances of winning in a lawsuit, you need to know your rights and understand how to properly defend them.

Does TCS sue its clients?

In general, is Tinkoff going to court? There is a misconception that Tinkoff Bank prefers not to sue its borrowers, but to sell cases to collectors or simply “forgive” the debt. But current practice shows that the bank actively resorts to the services of judicial authorities.

The most common reason that can cause a bank to go to court is the borrower’s refusal to pay his loan. At the same time, in the first 6-12 months, the bank makes active attempts to “agree” with the client, offering him restructuring or payment deferrals. But if the borrower does not make contact or ignores the lender’s proposals, then the bank decides to file a lawsuit against the client demanding the forced return of the issued loan.

What to do if Tinkoff Bank sues?

The first step 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.

It is very simple to cancel such a court order - 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?

Oleg Yuryevich Tinkov.

If the initiative to sue comes from the client himself, then you need to act according to the following algorithm:

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

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

Whether you need to fear a lawsuit with the bank depends on the reason for the improper fulfillment of contractual obligations. If you took out a loan with the intention of avoiding further payments, the court will hold you accountable. When you repaid the debt and interest in good faith, cooperated with the creditor, notified him in advance about the impending delay in payment of the debt for reasons beyond your control, tried to negotiate a change in the terms of payments or refinance the loan with a third-party bank, you should not be afraid of lawsuits. Perhaps court intervention will force the parties to find a compromise to resolve the conflict.

Best credit card offers:

Best loan offers:

To avoid trial

Provide the bank with a written statement indicating the reason for your inability to pay the loan. Here, state your request to restructure your debt by increasing the repayment period and reducing monthly payments. If the payment deadline has expired, ask the bank to stop charging penalties. At the same time, emphasize your readiness 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 in court, be sure to take part in the dispute resolution process. The failure of the defendant to appear negatively affects his position in the conflict, his characterization, and, ultimately, affects the decision in the case. Prepare thoroughly for the claim proceedings by reducing the amount of debt to a minimum and preparing the following documents:

• loan agreement; receipts, account statements;
• certificates of change financial condition(certificate of income, work book, dismissal order);
• extract from the medical history;
• proof from the military registration and enlistment office if you were drafted into the army;
• children's metrics;
• agreement with the university, receipts for tuition fees;
• copies of the restructuring proposal, requests to third-party banks for refinancing.

If the borrower proves that the delay was “unintentional,” he will have a chance to reduce the debt significantly by getting rid of huge commissions, fines and other imposed payments. You will not be able to provide worthy resistance to the bank without objective reasons; the court satisfies the legal and justified demands of a bona fide counterparty.

Lender's options

The time when banks only threatened to sue the defaulting debtor has become part of history. Harsh reality requires banks to systematically receive the resources necessary to form reserves. Therefore, today it is common practice for a creditor to go to court.

Tinkoff Bank is focused on increasing assets, so it tries to negotiate with the client on restructuring and creates “profitable” credit terms.

This bank often cooperates with debt collectors. Such a clause is included in the draft agreement. However, the demand of time forces Tinkoff Bank to resort to judicial protection legitimate interests.

In addition to the general legal procedure, there is a simplified system of judicial influence. Institutions practice collection of debt by court order, which accounts for the majority of debt collection. In this case, the bank submits an application with a minimum of documents attached. The magistrate, without requesting additional materials on the case, makes a decision in absentia. The appeal period is only 10 days.

An analysis of judicial practice shows that the bank’s demands on the client for collection credit money mostly legal and justified. Judicial acts in such cases, with rare exceptions, satisfy claims against debtors. Let's look at a few examples.

1. Tinkoff filed a claim against gr. Farajova I.V. demanding to collect accounts payable and legal costs. By decision of the court of the Volgograd region dated 02/06/2013, the requirements were satisfied.
2. The Zheleznodorozhny District Court of Rostov-on-Don dated 02/11/2014 considered the claim of Tinkoff Bank against gr. Rogacheva L.A. on repayment of debt under the contract and legal costs. By decision dated February 11, 2014, the bank’s requirements were satisfied.
3. The creditor filed a claim against gr. Rybakova O.G. demanding payment of the loan. The Gus-Khrustalny City Court of the Vladimir Region satisfied the requirements, including payment of the principal debt, interest, penalties for late payment, and the amount of state duty, by decision dated February 18, 2015.
4. By decision of September 16, 2015, the Industrial District Court of Orenburg, at the request of Tinkoff Bank JSC to gr. Cheplakova N.V. ordered to collect accounts payable and state duty. According to the counterclaim of Cheplakova N.V. the bank's request to recognize the terms of the agreement as illegal was refused.
5. The Semiluksky District Court of the Voronezh Region satisfied the claim of Tinkoff Bank against gr. Nikitin D.I. to collect the debt and pay the state duty to the court, and the counterclaim to declare certain provisions of the loan agreement invalid was rejected (decision dated 10.20.2015).

Keep in mind that unscrupulous clients who received money using forged documents and do not want to pay the creditor risk being prosecuted. Thus, the Kurganinsky District Court of the Krasnodar Territory on 03/07/14 sentenced gr. Markova I.A. to restriction of freedom for fraud when obtaining a loan from Tinkoff Bank.

Borrowers also have the right to sue the bank on various grounds. In this case, there are usually demands to recognize the loan agreement in terms of some of its provisions as illegal and (or) to recover from the bank amounts unlawfully withheld to repay the loan, penalties, and 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:

1. 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).

1. 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 restrict remote maintenance, disabling the Internet bank in relation to Sergei Viktorovich Gornostaev is illegal and violates the rights of a consumer of 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 refusals in remote servicing associated with disruptions in the operation of communication equipment and/or communication networks, and losses incurred in this regard. This paragraph contradicts Art. 309, 310 of the Civil Code of the Russian Federation, according to which obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law and other legal acts, unilateral refusal to fulfill an obligation and unilateral change of its conditions are not allowed.

• 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, guaranteeing the client’s right to freely dispose of these funds. According to the rules of Article 849 of the Civil Code of the Russian Federation, the bank is obliged, by order of the client, to issue or transfer the client’s funds from the account no later than the day following the day the bank receives the corresponding payment document, unless other deadlines are provided for by law, banking rules issued in accordance with it or bank account agreement. Article 858 of the Civil Code of the Russian Federation 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 “favorable” credit conditions. 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 Tinkof Bank, I took out a credit card, paid always 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 the bank for a loan Tinkoff Bank sued my husband, and the bailiffs fined the account in Sberbank, BUT there was no subpoena and the court passed without him read answers (4) Topic: How to file sue Tinkoff BankHow 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.

Be prepared for the fact that in the process you will have to not only convince the court that you are right, but also refute the arguments of the bank representative, as well as argue with him and answer, perhaps, not very pleasant questions - familiarization with all this helps judicial practice.

• Your goals, objectives and ways to solve them, supported by the rules of the law, the terms of the contract, and evidence, will become your legal position. However, it is worth thinking in advance about how, if necessary, to quickly adjust your position if the trial proceeds according to an unplanned scenario. Simply put, if it becomes clear that you will not be able to achieve your main goal, you need to have a “plan B” - how to minimize your losses.
• Make a plan for yourself before the trial and during the trial.

Tinkoff Bank filed a lawsuit

Only a psychiatric examination will help to completely relieve oneself of obligations, which will prove that at the time of signing the agreement the borrower did not control his actions (for example, he was under the influence of passion or suffered from an exacerbation of mental illness). It is worth turning to this kind of examination only when there is a real precedent. Manipulations and lies will be detected 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 from the magistrate The court order is issued according to a simplified procedure. There is no full hearing of the case and summoning of the parties. According to Art. 126 of the Civil Procedure Code, the judge may issue an order 5 days from the date of receipt of the application.
It is important to know! The order can be contested within 10 days. Otherwise, the document will be sent to the bailiffs for execution.

Banker's blog

Conditions for comprehensive banking services JSC Tinkoff Bank contradicts the current legislation and was declared invalid by the court, the plaintiff’s demands to recognize the actions of JSC Tinkoff Bank to limit remote services, disconnect the Internet bank as illegal and infringing on the rights of the consumer of financial services, as well as the obligation of JSC Tinkoff Bank to connect the Internet banking service are subject to satisfaction. In accordance with Part 1 of Article 103 of the Civil Procedure Code of the Russian Federation, a state fee is subject to recovery from the defendant, from which the plaintiff was exempted when filing this claim, in the amount of 300 rubles. Guided by Articles 194-198, 233 of the Civil Procedure Code of the Russian Federation, I DECIDED: To satisfy the claims of Sergei Viktorovich Gornostaev.
Declare illegal and violate the rights of consumers of financial services.

How to win a lawsuit with Tinkoff Bank

It is important to understand what requirements the bank has and what it has presented so far as justification and confirmation of its position. You can make extracts from the case materials and copies.

• It is necessary to carefully analyze the bank’s position, determine for yourself what you can oppose, how legal and justified the bank’s demands are, and whether the bank’s arguments can be refuted. This is painstaking work, even for a lawyer, so it is advisable to seek legal help, at least consulting.
• If, along with the claim, the bank filed a request for interim measures, in particular, for the seizure of property and accounts, prepare your objections to the court, and if a court decision has already been made on this issue, prepare a petition for the removal of interim measures, naturally justifying it.

Attention

And this can’t help but make us happy, right? 3. The situation with loans issued for business development is completely different, even, I would say, on the contrary. There, in arbitration courts, debtors - entrepreneurs and legal entities it's much harder. The essence of the difficulty lies in the fact that the Defendants (the same borrowers and debtors) must themselves prove that the penalty is excessive and disproportionate to the consequences of their violation of the obligation to repay the loan.

And this is more difficult, because, you know, good evidence that the court will “like” is not easy to find. Well, I won't go deeper into this topic. Every self-respecting businessman should have acquired a good lawyer long ago, just for such cases. I help ordinary citizens who are already deeply in debt and who simply do not have the money for qualified legal assistance.

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

Then one time I couldn’t pay at all, and as a result, by court decision, I returned 370,0000 rubles to the bank, and this despite the fact that my limit for Tinkoff Platinum was not even the maximum, but only 200,000 rubles. It seems to me that if you count all the overpayments for each late payment, I have already paid this amount to the bank 4 times. Amiran, 41 years old. I bought it from Tinkoff debit card cash loan, paid back perfectly. They offered me 199,000 for Tinkoff Platinum, the devil dared to contact me. There are just crazy percentages there, and the calculation is completely incomprehensible. At work, wages have dropped and debt is only growing. After a month of delay, they began to threaten to go to court, well, my brother is a lawyer, he took over the negotiations, collected all the documents. We agreed on restructuring. They cut off about 50,000 rubles for me based on interest.
Goals and objectives must be realistically achievable, otherwise everything will turn into a waste of effort and money.

• Availability of grounds for satisfying the borrower's requirements provided for by law or contract.
• The borrower's position is well-reasoned and the facts he refers to are proven. Solving these problems is the responsibility of the borrower. And the more effectively these tasks are solved, the higher the chances of winning will be.
• No violations of procedural rules. Unfortunately, this is one of the main problems of borrowers conducting legal cases on their own, without the proper level of legal training and experience in participating in processes.

How to win a lawsuit with Tinkoff Bank

To be honest, I did not expect the bank to sign the agreement that I wrote. I filled out an application form and sent it to the bank as a joke, and was very surprised when a month later I received a credit card,” said Dmitry. Agarkov used the card for two years, reimbursing only the money spent on it.

In 2010, the bank terminated the agreement and issued an invoice. In 2012, TKS filed a lawsuit, demanding to recover 45 thousand rubles from the borrower. Dmitry presented the contract to the court and stated that he was ready to pay 19 thousand of the principal debt - without interest or penalties. The court recognized the agreement as legal and decided to collect 19 thousand.

How to win a lawsuit with Tinkoff Bank practice

How to win a lawsuit against a bank over a loan? What is worth remembering and how to prepare for the process? Goals and objectives are the basis of your legal position in court. Winning the process should not be an end in itself, since winning can be a Pyrrhic victory. It is necessary to analyze and evaluate in advance:

1. the chances of a particular outcome of the case;
2. evidence base available and realistically possible for formation;
3. willingness to carry out the process for a certain amount of time, spend effort, time, money on it, and risk lost benefits.

The goal should be what you expect from the process.

They answered you correctly that a credit card is not a loan, and no one is obliged to provide you with a repayment schedule.
In the stories: Representatives of Dmitry Agarkov filed a lawsuit to the Khoroshevsky Court in Moscow to protect the honor and dignity of their client. The defendant in the lawsuit is Oleg Tinkov, head of Tinkoff Bank. Credit systems” - Agarkov outwitted his bank by concluding an agreement with it on his own terms, for which Tinkov called the Voronezh citizen a fraudster and promised to imprison him for four years.

Let us recall that, having received a standard questionnaire from TKS with an offer to receive a credit card, Agarkov changed the terms of the agreement - in the small print part of the questionnaire, he indicated that interest on the loan and a commission for cash withdrawal are not charged, and if the bank changes the terms of the agreement, he will have to pay three million compensation, and in case of its termination - six million. The Voronezh resident published his conditions on the Internet, as required by the terms of the public offer, and sent the questionnaire to Moscow.

What to do next? read answers (3) Tinkoff Bank filed a lawsuit. We sent documents for review. I also asked the bank for an account statement for 4 years and the bank provided the statement to the court but I couldn’t read the answers (5) Subject: File a lawsuit Hello. In 2014, I took out a card from the Euronet “corn”. I paid interest for 2.5 years. Stopped paying due to financial problems.. Tinkoff Bank filed a lawsuit. read answers (2) Tinkoff Bank filed a lawsuit for payment of 200,000 rubles, the court ordered the bailiffs to collect, when they came to the bailiffs, they immediately seized the car, (to read the answers ( 1) Subject: Court order Hello, I have bank card Tinkoff Bank in the amount of 50 thousand rubles since 2010.

I used it for five years. For the last two years I have not been able to pay. read answers (5) Hello. Tinkoff Bank filed a lawsuit. A letter came from the bailiffs with a resolution of enforcement proceedings.