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Didn't read it? - 8/9/2013 6:27:10 AM

Yachtie

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Gotta love it.

The rules concerning contracts are what they are. Offer, counter-offer, etc. > acceptance > contract.

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.

Earlier this week a Russian judge ruled in Mr Argakov's favour. Tinkoff had signed the contract and was legally bound to it.

"They signed the documents without looking. They said what usually their borrowers say in court: 'We have not read it',” said Mr Mikhalevich. (bolding added)

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RE: Didn't read it? - 8/9/2013 6:49:34 AM

DesideriScuri

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quote:

ORIGINAL: Yachtie
Gotta love it. The rules concerning contracts are what they are. Offer, counter-offer, etc. > acceptance > contract.
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.
Earlier this week a Russian judge ruled in Mr Argakov's favour. Tinkoff had signed the contract and was legally bound to it.
"They signed the documents without looking. They said what usually their borrowers say in court: 'We have not read it',” said Mr Mikhalevich. (bolding added)

Why is Argakov suing for 24m rubles for breaking the contract? It should only be 6m rubles. From the article:

quote:

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.

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RE: Didn't read it? - 8/9/2013 1:05:55 PM

HarryVanWinkle

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quote:

Why is Argakov suing for 24m rubles for breaking the contract? It should only be 6m rubles.

Same reason people usually sue for a lot more than they actually hope to get. To get more money.

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RE: Didn't read it? - 8/9/2013 1:52:52 PM

DesideriScuri

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quote:

ORIGINAL: HarryVanWinkle

quote:

Why is Argakov suing for 24m rubles for breaking the contract? It should only be 6m rubles.

Same reason people usually sue for a lot more than they actually hope to get. To get more money.

My point was that he, himself, had set the level of penalty for breach of contract. That was my point.

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Personal Responsibility
Help for the truly needy
Limited Government
Consumption Tax (non-profit charities and food exempt)

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RE: Didn't read it? - 8/9/2013 1:56:28 PM

HarryVanWinkle

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quote:

My point was that he, himself, had set the level of penalty for breach of contract. That was my point.

Suing for way more than you have any real hope of getting is a standard legal maneuver in lawsuits, whatever the cause of action. That was my point.

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RE: Didn't read it? - 8/13/2013 7:08:17 AM

kalikshama

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quote:

ORIGINAL: DesideriScuri

Why is Argakov suing for 24m rubles for breaking the contract? It should only be 6m rubles. From the article:
quote:

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.

Possibly six 3m ruble violations plus the 6m cancellation penalty.

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RE: Didn't read it? - 8/13/2013 11:52:23 PM

Termyn8or

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People have played this shit in the US, but it almost never makes the news. not that it happens every day, but every once in a while you get a sharp MF who beats them at their own game.

T^T

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