Legal advice:
1. File a lawsuit against Tinkoff Bank for the payment of only the principal debt without interest, due to the loss of a job.
1.1. in this case, the preparation of such statements is a paid service, you can contact any of the lawyers. However, I will tell you right away that this will not work.
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1.2. You can file for termination of the contract, Article 450 of the Civil Code of the Russian Federation, in connection with a change in the essential conditions.
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1.3. You need to apply pre-trial resolution of the problem, i.e. apply for debt restructuring, termination of the contract. If you do not agree, then in court only to terminate the contract and resolve other issues on the amount of debt, interest, penalties.
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2. Court with Tinkoff Bank.
2.1. Wait for the trial and ask the court to reduce the penalty for late payments under Art. 333 of the Civil Code of the Russian Federation. Then you can ask the court for a deferral and / or installment payments (Article 434 of the Civil Procedure Code of the Russian Federation).
To increase the likelihood of success in these actions, I recommend hiring a lawyer to prepare written documents.
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2.2. Elena
What exactly is your question?
Please check to get an answer.
Has the bank gone to court?
Good luck to you.
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3. Please tell me, is it possible to reduce interest in court with Tinkoff Bank?
3.1. You can't lower interest rates. In court, you can only reduce the amount of penalties or fines, if they are accrued.
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4. Tinkoff Bank sold the debt to the Phoenix agency.
I received a letter from Phoenix to my email with a long amount and a payment deadline until 03/16/2020. They also indicated in the letter that "a court decision has been received on your credit case." I went to the site of the bailiffs, so there is no information at all on the loan, there is no this debt. Please tell me how to do it right? Is it worth it to pay them if the debt does not hang on the FSSP website? What documents should be requested from Phoenix and the bank?
4.1. Revoke your consent to the processing of data (application) from both, send them a ban on interaction with the debtor and demand to provide an agreement on the assignment of the right to claim with payment documents for payment of the assigned right.
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5. I took a card from Tinkoff Bank in 2012, 50 thousand rubles, paid regularly, but the amount did not decrease, the last payment was made in January 2016. Paid 173 thousand. Since 2016, she stopped paying, the bank transferred the debt to collectors. They demand another 73 thousand. In court, I found out that insurance was calculated from me. What can I do in this situation?
5.1. If you already have a court decision, then only appeal the present decision. Do nothing more.
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5.2. What is the state of affairs now - is the trial going on? if so, when is the next meeting?
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5.3. You need to file a petition with the court to restore the time limit and an objection to cancel the court order.
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6. I am a client of Tinkoff Bank, which is also my mobile operator. By a court decision, a writ of execution was issued to collect from me a debt not related to the bank. And Tinkoff Bank set a negative balance for all open accounts, including SIM cards. Are the actions legal and what to do in case of illegality?
6.1. There is no legal definition of the term used set a negative balance of all open accounts - to get a correct answer, explain what is meant.
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7. I have such a question in 2006, we took a card from Tinkoff Bank in the amount of 8,000, we paid some amount, and in 2020, 17,828 rubles were deducted from my husband from the card, we wrote to the court district about the cancellation, and my husband was summoned to court, which us to do, how to behave.
7.1. Submit your objections to the lawsuit and it is better to seek the help of a lawyer in person.
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8. I have a question for you: according to the court, I was ordered to pay the amount of 96,500 rubles in favor of Tinkoff Bank. The bank handed over the writ of execution, for execution directly to Sberbank, bypassing the bailiffs. And now they take 50% of my income from my salary, that is, from my salary. If I have a dependent minor child, then according to the Federal Law on Enforcement Proceedings, what% can they deduct from me? Thank you in advance. Thank you)
8.1. You have the right to withhold up to 50% on the basis of a writ of execution. The only thing that can be done is to write an application to the court for an installment plan or a delay in the execution of the decision.
If the amount remains small and you are experiencing a difficult financial situation from this, and the debt is large, then you should apply to the court for an installment payment for a smaller amount.
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9. In the process of bankruptcy, all requests have been collected and documents are being prepared to be submitted to the arbitration court Phoenix LLC has notified of the transfer of the Tinkoff Bank debt to them, they are asked to pay at least some amount, what should I do.
9.1. Don't pay. You need to write an application for refusal to interact with the creditor, along with this, notify them of the upcoming bankruptcy procedure.
Sincerely!
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10. The city court ruled on the claim of Phoenix LLC (Tinkoff-bank). in the process of filing an appeal, an SID occurred. Is it possible to apply for SID in the regional court?
10.1. no, the statute of limitations was suspended from the day the claim was filed with the court.
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10.2. No. After filing a lawsuit, the limitation period is interrupted.
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11. Tinkoff Bank sued her husband. the first time the order was cancelled. Now again the bank has filed a lawsuit with a statement of claim. The trial will take place in 4 days. what can the court award and is it obligatory for the husband to be present at the trial?
11.1. It is not necessary to be present in court.
You need to write your objection to the statement of claim. Almost always, an MFI or a bank submits an overestimated debt calculation to the court. The judge will not check it, the judge does not need it! You must submit your counter-debt to the court. As a rule, you can significantly reduce the amount. In addition, you need to calculate, perhaps some periods fell under the statute of limitations.
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11.2. Hope, if I were you, I would defend my rights more actively. It is necessary to try to try to reduce the size of the contractual penalty in accordance with Art. 333 of the Civil Code of the Russian Federation. To do this, you need to file an appropriate petition with the court and provide a counter-calculation.
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11.3. Presence, of course, is optional, but one must defend one's rights and legitimate interests. And so the court will make a decision on the stated requirements. In the Saratov region, there is a positive practice to reduce the amount of debt.
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12. Today bailiffs came to me, brought a court order on debt to Tinkoff Bank, I had a card, I don’t remember exactly, 2012-2013, I didn’t pay anymore, I paid enough, 5 years have passed. Nobody came, no subpoenas which I didn’t receive, the bailiffs came today and said that there was a court in one st .., to describe the property. I saw them off and said I needed to talk to a lawyer. What do you recommend, what steps to take. Thank you.
12.1. For starters, get a court order. Cancel it within 10 days. Everything is not as scary as it seems. With the right approach, it will generally be possible to avoid payments.
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13. We are suing Tinkoff Bank. We won the first trial. Tinkoff Bank re-submitted the lawsuit. The hearing will take place on December 20, 2018. How to achieve a court decision to pay only the amount of debt without interest and fines within a month or pay the entire required amount by the bank, but gradually at a fixed amount within half a year.
13.1. File a petition with the court for an installment plan or a deferral of payment. It will not be possible to completely "get rid" of interest and fines.
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Consultation on your question
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14. On July 8, 2017, he took a Tinkoff card and emptied it until October and paid the minimum payments all on time. On October 31, he broke his leg and went on sick leave for six months, about which he informed them, dependent on 2 minor children. And I couldn't pay. In May 18, a court order came with a huge penalty, I wrote a refusal. The bank contract was terminated. But there was a subpoena. tell me how to behave there and how to protect myself.
14.1. Ask on the basis of Art. 333 of the Civil Code of the Russian Federation to reduce the penalty. If you do not declare this and will not walk, the court will decide on the recovery of the amount of the debt and the calculated penalty. After the court decision, the writ of execution will go to the bailiffs, and you need to come to them and agree on the amount of monthly payments according to the isp. sheet. Refer to the fact that 2 children, earnings are small. Everything is best done in writing. If the bailiffs do not go to the meeting, then write to the head of the department or to the department in your region.
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14.2. It is necessary to prepare a reasoned objection to the requirements of the bank, it is possible to reduce the accrued penalty.
In extreme cases, you can delay the trial for 6 months, and then apply to the court for an installment payment of the debt.
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15. Please help! A summons came from the court in the case with Tinkoff Bank, in the summer she canceled the court order and now they sued. What to do, what to go with? I don’t know, I don’t know ... I don’t work, I have a large, poor family. Please!
15.1. Just go to any lawyer and prepare competent objections to this claim.
There is a chance to reduce the amount requested by the bank.
For more detailed advice or preparation of documents, I recommend contacting any lawyer of the site you have chosen. by private message or by the contact details indicated in the profile of the respective lawyer.
Beware of scammers who can send you a private message asking you to give your phone number, as well as call you or write you a personal message with an offer of services and / or an invitation to a supposedly "free" consultation!
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16. Tinkoff Bank sued me, the court issued an order to recover from me 98836, the main debt is 68965.79, and for the period 18.0518-20.10.2018, I am not satisfied with the interest of 25740.69 and the fine of 4130, 00. how to cancel an order? What action on my part.
16.1. Oksana, good afternoon! You need to set aside the order by filing an objection with the court that made the decision. When did you receive this court order?
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16.2. If the time is not missed, then you can cancel the court order by writing objections.
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16.3. Chapter 11 of the Code of Civil Procedure of the Russian Federation to study. The magistrate will cancel the joint venture, then already in the trial he will defend his positions if a statement of claim is filed.
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16.4. If the deadline has not passed, write an application for cancellation, if it has also passed, and for the restoration of the deadlines.
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17. Tinkoff Bank transferred my debt to Phoenix LLC. They offered an installment. Now I cry for them. Is it worth it to pay them, or wait for a court decision and then pay the fssp?
17.1. Of course, they don't have to pay anything.
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17.2. There may be many nuances in your situation:
1) was there an assignment agreement, are you familiar with it? - the status of LLC "Phoenix" depends on it
2) what kind of debt, how was it formed? - it depends on the risks
3) at what stage is the debt? - the further strategy depends on it.
As a rule, all banks and MFIs make many small violations when calculating debt. On the one hand, through a court decision, everything will be more or less transparent and fixed, on the other hand, there are risks of penalties, etc. FSSP takes its fee. If the installment terms suit you, it is better to settle the issue amicably. The main thing is that the cession is formalized as expected, and the installment plan is documented.
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17.3. Have you ever seen the cession agreement and you have it in your hands with "wet" seals? Pay for the village to grandfather. The agency agreement is probably concluded with a collector for which he will receive a reward by recovering a certain amount of debt from you.
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18. I have such a situation with a Tinkoff bank credit card. A year ago, a court took place that decided to cancel the court order to recover money from me, but since August of this year, bailiffs began to deduct 50% from my salary from my salary, when asked about the reason for collecting money, the bailiffs provided a copy of the executive inscription, a notary of the city of Moscow , on the basis of the Federal Law of the Russian Federation "on enforcement proceedings, please tell me how to solve this problem ?!
18.1. Appeal against the actions of the bailiffs in court, and terminate the IP.
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19. I had a Tinkoff bank card, I made an online transfer to my own Sberbank card, but the funds did not arrive, but went in an unknown direction. I wrote a statement to the police and the bank. No answer. The bank sent the card number to which the funds were received, but it is not known whose. It took 2.5 years and the collection agency Phoenix filed a lawsuit against me for non-payment. The trial took place without my knowledge. And now the bailiffs are demanding a debt from me.
19.1. So what is the question?
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20. The Magistrate's Court ruled to recover from me in favor of Phoenix LLC a collector, the amount of 209,000 tr, but I do not pay the Tinkoff bank, and they have to do with it. The court ordered me to pay. What should I do. Can I appeal? The letter was received late already 10 days have passed.
20.1. You can, of course, cancel the court order and 10 days is counted from the date of receipt of a copy of the court order.
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20.2. You have 10 days from the date of receipt of the court order. You need to apply and cancel.
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20.3. You must file an objection to the order within 10 days. If difficulties arise, you can get help in drafting an objection from any lawyer through private messages. The service is paid, but affordable. You can return expenses.
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20.4. Legal assistance to debtors in the settlement and restructuring of debts to banks, microfinance organizations, collectors throughout the Russian Federation!
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21. In 2009, I received a credit card from Tinkoff Bank by mail, at first I paid, then financial difficulties arose and a debt accumulated. After 9 years, the other day, I received a letter from the court to collect the debt. Do they have the right to award a debt after 9 years, I know that the limitation period is 3 years. Thank you in advance.
21.1. You should urgently receive a copy of the court order and, within 10 days from the date of its receipt, write an application for its cancellation and at the same time a petition for the restoration of the term, and then, when filing a lawsuit with the court, declare the expiration of the limitation period and the court will refuse to satisfy the claim.
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22. Took a loan. I have been paying Tinkoff card for 6 years now there is no way to pay for the loss of a job, they took 100,000 thousand, over the years they paid somewhere around 4,000,000 thousand. We do not have an agreement with the bank, there are no documents for insurance either, although they were included in the minimum. Payment. Now they are going to sue. What can be done to somehow return the overpayment and close the debt through compulsory insurance. What documents need to be submitted to the court in order to compete with them?
22.1. Galina!
When the bank sues you, you need to file an objection and demand a reduction in the penalty on the basis of Art. 333 of the Civil Code of the Russian Federation.
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23. I wanted to negotiate with Tinkoff Bank on the provision of installment payment on the debt for the loan. But they don't meet. I want to file an application to the court for the provision of installments on the writ of execution. Can't it be submitted electronically?
23.1. It is better for you to send it by mail, because this service for courts of general jurisdiction still has many flaws.
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23.2. Olesya Anatolyevna, Ufa, Citizens can file a claim with the judicial authorities by personal appeal or through their representatives. You can also send a claim through the mail of Russia.
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24. A letter came from the court. adj. That I owe Tinkoff Bank 167 thousand. I do not agree with the amount, that the court did not know either. What to do?
24.1. To begin with, you need to obtain a court decision and a copy of the decision to initiate enforcement proceedings and with these documents apply for qualified assistance as soon as possible.
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24.2. Chances are you've been sued. A court order can be canceled by writing objections to the court regarding this order (within 10 days from the date of receipt of a copy of the order).
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25. In 2012 I took a Tinkoff card with the amount of 20,000 rubles. In February 2014, my daughter was born and I could not pay the loan, in just 2 years I paid 24,000 rubles, but the debt only grew, I paid the fee bank SMS. In September 2017, the court order was canceled at the request of Phoenix LLC, and in October 2018 Phoenix LLC filed a lawsuit against me in court.
25.1. If a claim is filed, the Claimant, whoever he may be - the creditor himself or a third party who bought the loan under an assignment agreement, must attach to the claim documents confirming the amount of the debt to be recovered. Familiarize yourself with the loan agreement (this may also be an offer agreement in the form of a borrower's statement). The contract must specify the duration of the contract. Or it will be indicated on the perpetuity of the contract. If the term of the contract is indicated, then the limitation period is calculated from the date of expiration of the contract, if payments under the contract were not made after the date of its expiration. If the contract is open-ended, then the limitation period is calculated from the date of the last statement of the account (date of the final invoice) + the time for payment after issuing the final invoice, indicated in the invoice itself. The general statute of limitations is three years. If the LLC missed the deadline, according to your calculations, according to the above circumstances, then write objections to the claim and file a petition for the court to apply the consequences of missing the procedural deadline for filing a claim.
27. I took a loan from Tinkoff, it turned out that I overdue it and the bank gave the phoenix km to my type of contract. In 2013, the spacecraft type was bought out and sued. for the sixth year now, the bailiffs have either installed it or removed it from production .. they have installed and removed it 10 times already. I called the bailiffs, they said the tinkov bank filed a lawsuit, then I called the tinkov bank, they don’t have anything on me, it turns out my debt in Phoenix is ka! How to get rid of them?
27.1. Oleg. If a court order is issued on the application of the Phoenix CM to collect a debt from you, after receiving a copy of the order, file a complaint against it within 10 days, simply indicating that you do not agree with the order. The magistrate's order will be cancelled. And in the order of action proceedings, most likely they will not recover, since the limitation period has passed.
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29. 10/23/2018 I have a lawsuit with the Phoenix collection agency from Tinkoff Bank. The last payment to this bank was in 2014. When I asked the bank to send me a receipt for closing the loan, they never sent me this receipt. And now, 4 years later, the collection agency sued me for the period from May to September 2015, that I owe them a certain amount.
29.1. In order for the collection agency "Phoenix" to be refused collection in court, you need to provide original receipts for paying the loan. You must appear at the court session, otherwise the claim will be considered without you and a decision will be made in favor of the collection agency. If you do not have receipts, then file a petition with the court to request payment information from the bank.
Whether it is necessary to be afraid of litigation with the bank depends on the reason for the improper performance of contractual obligations. If you took out a loan with the intention of avoiding further payments, the court will hold you liable. When you conscientiously repaid the body and interest, cooperated with the creditor, informed him in advance of the impending delay in paying the debt for reasons beyond your control, tried to agree on changing the terms of payments or refinance the loan in a third-party bank, you should not be afraid of lawsuit proceedings. Perhaps the intervention of the court will force the parties to find a compromise to resolve the conflict.
To avoid judgment
Submit a written application to the bank stating the reason for the inability to pay the loan. Here you can also ask to restructure your debt by extending the repayment term and reducing your monthly payments. If the payment deadline has expired, ask the bank to stop accruing penalties. At the same time, emphasize the willingness to pay the principal debt. As a rule, the parties manage to reach an agreement. The bank prefers to cooperate with an incomplete payer than to burden itself with a complete defaulter.
Model of behavior of a potential respondent
If the bank has filed a claim with the court, be sure to take part in the dispute resolution process. The defendant's failure to appear negatively affects his position in the conflict, characterization, and, ultimately, affects the decision on the case. Thoroughly prepare for claim proceedings by minimizing the amount of debt and preparing documents:
- credit agreement; receipts, account statements;
- certificates of a change in financial condition (certificate of income, work book, order of dismissal);
- an extract from the medical history;
- proof from the draft board, if you were drafted into the army;
- children's metrics;
- agreement with the university, receipts for payment of tuition;
- copies of the restructuring proposal, an application to third-party banks for refinancing.
If the borrower proves the "unintentional" delay, he will have a chance to reduce the debt at times by getting rid of huge commissions, fines and other imposed payments. You will not be able to offer worthy resistance to the bank, without objective reasons, the court satisfies the legitimate and reasonable requirements of a bona fide counterparty.
Lender Options
The time when banks only threatened to file a lawsuit against a debt defaulter became the property of history. The harsh reality requires banks to systematically receive the resources necessary to form reserves. Therefore, today the practice of applying to the court is widespread.
Tinkoff Bank is focused on increasing assets, therefore it is trying to negotiate with the client on restructuring, creating "favorable" credit conditions.
This bank often cooperates with collectors. Such a clause is also included in the draft treaty. However, the demand of the time forces Tinkoff Bank to resort to judicial protection of legitimate interests.
In addition to the general claim order of legal proceedings, there is a simplified system of judicial action. Institutions practice the collection of debt by court order, which account for the majority of debt collection. In this case, the bank submits an application with a minimum of documents attached. The justice of the peace 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 claims to the client for the recovery of credit money are basically legal and justified. Judicial acts in such cases, with rare exceptions, satisfy claims against debtors. Let's look at a few examples.
- Tinkoff filed a lawsuit against c. Faradzhova I.V. demanding the recovery of accounts payable and legal costs. By the decision of the court of the Volgograd region dated February 6, 2013, the requirements were satisfied.
- The Zheleznodorozhny District Court of Rostov-on-Don dated February 11, 2014 considered the claim of Tinkoff Bank against gr. Rogacheva L.A. on repayment of the debt under the contract and legal costs. By decision dated 11.02.2014, the bank's requirements were satisfied.
- The creditor filed a claim against Mr. Rybakova O.G. demanding payment of a loan. Gus-Khrustalny City Court of the Vladimir Region satisfied the requirements, including payment of the principal debt, interest, penalties for delay, the amount of the state duty, by decision dated 18.02.2015.
- By a decision of September 16, 2015, the Industrial District Court of Orenburg, at the request of Tinkoff Bank JSC to c. Cheplakova N.V. ordered to collect accounts payable and state duty. According to the counterclaim Cheplakova H.The. to the bank to recognize the terms of the contract as illegal is denied.
- The Semiluksky District Court of the Voronezh Region satisfied the claim of Tinkoff Bank against Mr. Nikitin D.I. on the collection of debt and payment of state duty to the court, and the counterclaim for the recognition of certain provisions of the loan agreement as invalid was rejected (decision dated 10/20/2015).
Keep in mind that unscrupulous clients who received money under false documents and do not want to pay the creditor risk being prosecuted. So, 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.
You found out that Tinkoff Bank has filed a lawsuit, and you don’t know what to do. The most important thing to start with is not to panic and contact a lawyer with experience in solving problems of this nature. Of course, the help of a lawyer will not be free, but without such protection, you can lose much more, and if you manage to win the court, then reduce the amount of debt or not repay the loan at all.
Problems with Tinkoff Bank arise with enviable regularity. The lender easily issues loans, and in case of problems with the borrower, he does not go to a meeting, but accompanies the requirements for the return of funds with threats and boorish statements. You can cope with the situation on your own if you take the issue seriously. Let's talk today in this article about a similar situation and determine options for further action.
Collection of debt from the borrower is indeed provided for by the internal protocol of the bank. For long-term defaulters, interest accrues daily, and the amount of debt payable will increase rapidly.
The creditor is in no hurry to send a claim to the judicial authority, because the later he does this, the greater the amount to be recovered. Many citizens call Tinkoff a fraudulent bank. As a result of manipulations, the amount to be returned increases several times and the debtor cannot repay the previously taken loan and interest.
Bank employees knock out debts without limiting themselves in expressions and threats. Quite often, citizens file complaints with the police and the judiciary about the illegality of Tinkoff's actions.
How quickly does the bank send the case to the judicial authority?
Judicial practice for Tinkoff Bank shows that if the borrower does not take any steps to resolve the situation, the case is transferred:
- an employee working, with a delay of up to 30 days;
- sends the case to collectors;
- in the absence of a result, a statement of claim is drawn up and sent to the judicial authority.
The instance for sending an appeal is determined on an individual basis and depends on a group of factors, including the presence of even a single loan payment and the number of days of delay. Based on the personal experience of numerous clients of the bank, litigation begins no earlier than a year later.
How often does the bank apply to the courts?
Based on practice, a court case with Tinkoff Bank occurs when the debtor does not take any measures to repay the debt or the client, in principle, does not agree with the calculation of interest and penalties, believing that the bank initially wanted to throw him.
In each of the situations, you should not give up, but should sue and protect your interests. It is important to know what mechanism is used by the bank when calculating debt, where to complain and what measures to take to permanently get rid of the bank.
What should I do if I receive a subpoena?
The very first reaction of a citizen to a summons received by mail is confusion and even panic. In fact, nothing terrible happened, and it is quite possible to get rid of the bank. The main thing is to fight for your rights and not let things take their course.
If the reason for the debt on the card was the deterioration of the financial situation, then the debtor should prepare additional evidence of this fact. For example, issue a certificate of salary reduction or make a copy of the work book certifying the absence of employment. In case of health problems, it is enough to present a certificate from the clinic.
With a solid evidence base, by a court decision, the amount of debt can be reduced by 5-95%. Only a psychiatric conclusion allows you to completely write off the debt, which will indicate that at the time of signing the agreement with the creditor, the borrower was in a state of passion or was sick. The hearing is not held and after five days, the judge makes a decision. It is allowed to challenge it no later than 10 days from the date of the decision, after which the paper is sent to the bailiffs for collection.
How to win a lawsuit against a creditor: judicial practice in credit cases
An important point is the question of how to sue Tinkoff Bank if a citizen has credit card debt, but the delay was not his fault. This is not difficult to do if you prepare a special application and attach to it all the necessary documents confirming the fault of the creditor. The claim is filed in person, but it is allowed to send an appeal by registered mail with notification.
As for the materials of judicial practice, having studied them, we can say that often the court satisfies the requirements of the creditor for the collection of debts, since they are justified and legal. Sometimes there are cases when the actions of the bank were illegal. In this case, the client was released from the debt. In the absence of legal grounds for the annulment of Tinkoff's claims, the applicant may be held criminally liable.
Tinkoff Bank has been heard by Russian citizens for about 10 years. This banking institution was founded in 2006 by entrepreneur Oleg Tinkov, then it was called Tinkoff Credit Systems (TCS). In "Tinkoff Bank" TCS were renamed in 2015.
The Bank initially positioned itself as a credit institution carrying out its financial activities in the virtual space of the Internet. Now he almost completely specializes in the distribution of plastic credit cards, he does not have regional branches, his own ATMs and other paraphernalia familiar to banks. All issues are resolved by phone or online through the head office.
Because of this way of doing banking, many users of Tinkoff credit cards have a reasonable question. How to apply for help in restoring violated rights to the court against Tinkoff Bank and other banks in the country?
Grounds for going to court
Tinkoff Bank, like any financial structure, is not immune from errors and malfunctions, due to which customers, plastic card holders, may experience serious problems.
The vast majority of lawsuits against banks are filed for the following reasons:
- the bank puts forward requirements for the repayment of debt for an already closed loan;
- funds were debited from the card without any legal reasons;
- it is impossible to obtain a statement of debt to the bank (this is sometimes done to artificially increase the amount of debt);
- a commission or other payment was deducted from the bank account, about which the client was not notified in advance;
- personal information of the client fell into the hands of third parties through the fault of the bank;
- the bank unilaterally changed the terms of the loan agreement.
Procedure and filing a claim
Suing for violation of rights is not the only possible scenario. Before that, you should always try to negotiate with the bank peacefully, collecting all possible evidence of the illegal actions of the company and presenting evidence of your innocence.
If all else fails, then you can file a claim with the Central Bank of the Russian Federation or write a complaint to Rospotrebnadzor. These state organizations will be required to conduct an audit of the bank and issue an order to eliminate violations if they are found.
When other possibilities to solve the problem have not had an effect, then it remains only to report the violation of rights to the court. To do this, you need to correctly draw up a statement of claim.
The rules for its compilation are described in. It is best to seek help in writing it from a lawyer, this will significantly increase the chances of a successful solution to the problem.
The lawsuit against Tinkoff Bank must indicate:
- full name of the judicial authority;
- personal data of the plaintiff (full name, address of permanent registration) and data of the defendant (name of the bank, its legal address, full name of the head);
- a detailed statement of the essence of the case, the causes and consequences of the violation by the bank of the legal rights of the applicant, references to the regulations that were violated;
- a specific request to the court (claims) and their justification;
- list of applications (documents that confirm the position of the plaintiff);
- Applicant's signature and date of submission of the application to the court.
List of documents for filing a claim
The statement of claim is filed either through the office of the court, or through an authorized representative, or by mail of Russia with a return receipt. You will need to submit as many copies of the claim as there are parties involved in the case. In addition to the claim, you will need to attach:
- documents confirming attempts to peacefully resolve the conflict (pre-trial claim, response to it by the bank);
- contract for the provision of credit services;
- copy of the passport;
- any documents and their copies that prove the violation of the plaintiff's rights and can serve as evidence in the case under consideration;
- power of attorney (if an authorized person will defend the rights of the applicant);
- calculation of monetary compensation for violation of consumer rights by the bank (principal amount, moral damage, penalties, compensation for legal services, etc.).
If the bank is the plaintiff
Can the bank itself sue its client? Not only can, but very often it does. Almost always it concerns the delay in loan payments.
Before that, he can try to settle the matter with the client peacefully for 6-12 months, offer, give a respite. If this does not work out and the debt grows, then it will almost certainly be taken to court or a collection agency.
However, banks are not in a hurry to sue their customers. There are many reasons for this:
- Accrual is suspended for the period of judicial debate;
- Conducting a case in court requires additional costs for a lawyer. If the bank practices frequent filing of lawsuits against its clients, and not the search for peaceful solutions to conflicts, then it is required to maintain an entire legal department;
- Even if the court decides in favor of the bank (which happens in almost 90% of cases), the borrower will pay the debt in installments according to the court's verdict, in proportion to the level of their income. It is unprofitable for the bank;
- The court often satisfies the petitions of the defendants to cancel the fines, penalties, interest and other additional payments accrued by the bank. Sometimes a decision is made to return insurance payments to the borrower, and a delay may be given to pay the principal debt.
You should not count on deferring loan payments or reducing them in the absence of objective reasons, such as dismissal from work or a serious illness. The court will definitely side with the bank. If you have problems with loan repayments, then you should choose an open position with respect to Tinkoff Bank. It is best to contact the employees of this organization on all issues, to learn about possible peaceful ways to solve the problem.
When it comes to court, it will be useful to seek advice from a third-party lawyer who will help you look at the situation from a different angle and achieve the most favorable terms for repaying the loan.
If you do not pay the loan, you can run into a lawsuit with Tinkoff Bank. The process under Russian law is no different from, for example, a court case with Sberbank or Alfa Bank.
Why are there so many rumors about online banking? People believe that the lawsuit is filed by collectors who have sold the debt or owners of partner ATMs. In fact, the mechanism is simpler and you can prepare for the process in just a few steps.
Paradox: the court is more profitable than a simple delay
Typically, filing such an application is used as a legal option to delay collection until the arbitration court considers the debtor's bankruptcy application and makes a decision.
How not to lose money in a lawsuit
If a court is planned with Tinkoff Bank or collectors to whom the debt has been sold, you need to soberly assess your abilities and capabilities. Search online for case law similar to yours in your area. If the courts terminate loan agreements, it makes sense to try to repeat the success of other borrowers.
The case is complicated and there is no understanding of how to write a lawsuit and represent yourself in court? Assess the market for legal services. A hired representative will increase costs, but it makes sense to contact him if the amount of debt is significant.
A lawyer is also needed to assess the prospects for a counterclaim. But you need to tune in to the fact that they will still try to collect the debt, and if its amount exceeds 500,000 rubles, it is worth considering the option of bankruptcy.
Litigation with Tinkoff Bank is a rather rare situation. Most debts are collected by court order, it is important for the debtor to receive it on time and dispute it, or apply to the bank with a debt restructuring application.
Lawyer's advice about litigation with a bank
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