Agarkov against "Tinkoff Credit Systems". Who is responsible?

Voronezh Dmitry Agarkov and representative of a legal agency "Consultant" Dmitry Mikhalevich surprised "intemperance on the language" of the representatives of the bank "Tinkoff Credit Systems". Today the media client that requires compensation for the breach of paragraphs credit agreement concluded on his terms, the bank's representatives have repeatedly called fraud. So one of the federal Internet resources appeared strange statement with reference to the representative of the bank, according to which "against the fraudster can be prosecuted." The owner Oleg Tinkoff Bank spoke on Twitter: "About Voronezh, according to our lawyers, it is not 24 million, but the real 4 years for fraud will receive. Now it's a matter of principle ».

- If during the day from the representatives of the bank and from Mr. Tinkova not follow a public apology on the same Internet resources, they have to prove in court that the bank customer fraud. We are surprised by the fact that a person without trial accused of a felony and is already defined the term for which he sits. So we have to sue for defamation, demanding compensation for moral damage to persons who publicly and in the media called Agarkova fraud. And representatives of the bank will get even more absurd situation. Sentences in Russia still makes the court, not the bankers.
Dmitry Mikhalevich representative plaintiff in a legal agency "Consultant».

According to RIA "Voronezh", lawyers do not see in the actions of the client signs of fraud and believe that he has a chance to win a lawsuit from the bank in court. So, the head of law firm "Rivkin and Partners" Stanislav Rivkin said that does not see in a situation of "nothing but bungling and self-confidence of bank employees».

- Fraud can be considered embezzlement by fraud or breach of trust. Neither one nor the other, I in a situation with the Voronezh customer of the bank do not see. Borrower bank sent its terms, and that they were received, send him a card. If we assume the form of fraud in which the borrower has made an offer (I mean the fine print and a link to the site) then can be considered fraud and bank actions. After all, the form in which the bank offered to make an offer to the client, this is identical to offer the borrower. In this case, the bank sent the client is not a contract, and the application form, thereby offering the borrower to make an offer. Which he did by offering bank terms. The Bank has accepted them and fell into the trap, which usually build the banks themselves.

The press service of "Tinkoff Credit Systems" RIA "Voronezh" explained that the bank will defend his case in court, but to sound legal position on the situation of the Voronezh customer refused, citing the fact that there is a trial and comments can hurt the bank. Also, the bank confirmed earlier voiced version of "single technical failure" that occurred when placing a credit card Agarkova in 2008. However, the technology that failure could occur, refused to disclose.

The bank separately noted that Voronezh needs to recover from them 24 million rubles, and only 900 thousand rubles. RIA "Voronezh" was known from the outset. Amount of claims to 1 million rubles declared not to pay legal costs, component 24 million rubles tens of thousands of rubles.

However, in the pre-trial claims to "Tinkoff Credit Systems" she announced in the amount of 24 million rubles. And if Agarkova be able to achieve solutions in their favor, and it will enter into force, following substantiated claim for more money will be satisfied automatically.

Independent experts, including federal, assess the chances of satisfaction of the claim for compensation for breach of contract as high. First of all, because there is in force since the judgment in which the contract entered into on terms Agarkova recognized by law. The court found that the customer had the right as one of the parties to propose their own terms. Legitimate document refers to page www.tcsbank.at.ua, placed where conditions and tariffs for the issuance of credit cards. Thus, Dmitry Agarkov won in court the right not to pay interest and penalties, which is trying to recover from it.

Lawyers believe that the plaintiff has "indisputable quality legal position", as the court has previously been established that the contract is concluded.

RIA "Voronezh"