When Dmitry Argarkov was sent a letter offering him a credit card, he
found the rates not to his liking. But he didn't throw the contract away
or shred it. Instead, the 42-year-old from Voronezh, Russia, scanned it
into his computer, altered the terms and sent it back to Tinkoff Credit
Systems.
Mr Argarkov's version of the contract contained a 0PC
interest rate, no fees and no credit limit. Every time the bank failed
to comply with the rules, he would fine them 3m rubles (£58,716). If
Tinkoff tried to cancel the contract, it would have to pay him 6m
rubles. Tinkoff apparently failed to read the amendments, signed the
contract and sent Mr Argakov a credit card .
"The Bank confirmed
its agreement to the client's terms and sent him a credit card and a
copy of the approved application form," his lawyer Dmitry Mikhalevich
told Kommersant . "The opened credit line was unlimited. He could afford
to buy an island somewhere in Malaysia, and the bank would have to pay
for it by
law."
However, Tinkoff attempted to close the account due
to overdue payments. It sued Mr Argakov for 45,000 rubles for fees and
charges that were not in his altered version of the contract. Earlier
this week a Russian judge ruled in Mr Argakov's favour. Tinkoff had
signed the contract and was legally bound to it. Mr Argakov was only
ordered to pay an outstanding balance of 19,000 rubles (£371).
"They
signed the documents without looking. They said what usually their
borrowers say in court: 'We have not read it',” said Mr Mikhalevich.
But
now Mr Argakov has taken matters one step further. He is suing Tinkoff
for 24m rubles for not honouring the contract and breaking the
agreement.
Tinkoff has launched its own legal action, accusing Mr Argakov of fraud.
Oleg
Tinkov, founder of the bank, tweeted: "Our lawyers think he is going to
get not 24m, but really 4 years in prison for fraud. Now it's a matter
of principle for @tcsbanktwitter."
The court will review Mr Argakov's case next month.
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