In the Nizhny Novgorod region, the court recovered from the bank "Trust" in favor of the borrower the amount of monthly fees that were illegally included in the terms of the loan agreement, the press service of the Nizhny Novgorod Regional Court reports.
Earlier, citizen M. applied to the Pavlovsk City Court with a lawsuit against OJSC NB Trust to recognize the terms of the contract as null and void, to recover funds. January 19, 2011 between the plaintiff and NB "Trust" was signed a loan agreement in the amount of 499,990 rubles for a period of 60 months. The money was received by the plaintiff, but not in full. The loan agreement was concluded not by signing a single document, but, in accordance with the requirements of paragraph 1 of Article 160, paragraphs 2 and 3 of Article 434 of the Civil Code of the Russian Federation, by signing by the parties of the payment schedule of the MasterCard Unembossed tariff plan.
When concluding the agreement, the Bank included in the agreement a condition - tariffs "B "Trust" for the product "Time of Opportunities" clause 5, an application for a loan for urgent needs clause 2.16 and a condition in the payment schedule, according to which the borrower is charged a commission for crediting funds in the amount of 2,490 rubles. This amount was charged when the loan was issued, which is also indicated in the payment schedule in the "How to pay the loan" section. At the same time, the bank did not issue to the plaintiff a document confirming the collection of 2,490 rubles. The plaintiff received only 497,500 rubles. In addition, the defendant, in violation of the current legislation, included in the agreement, in addition to interest for using the loan, a condition on the collection of monthly commissions in the amount of 4,949 rubles 90 kopecks.
As a result, the plaintiff paid a monthly fee for the settlement service of the loan account for the period from February 21, 2011 to May 30, 2012 - a total of 17 payments in the total amount of 81,688 rubles 40 kopecks. The court satisfied M.'s claims in full. Thus, clause 2.8 of the application for a loan for urgent needs under a loan agreement on the establishment of a commission for settlement services (monthly) in the amount of 0.99% was declared null and void. Clause 2.16 of the application for a loan for urgent needs under a loan agreement on the establishment of a commission for crediting credit funds to a client's account was also recognized as null and void.
The court recovered from the NB "Trust" in favor of M. paid for crediting credit funds and for settlement services under the agreement, funds in the amount of 81,688 rubles 40 kopecks, interest for using other people's funds in the amount of 4,350 rubles 46 kopecks and payment expenses services of a representative in the amount of 5,000 rubles.
The court refused to consider the claim of Trust bank against the management company MDM for 785 million rubles.
The Moscow Arbitration Court left without consideration the claim of Trust Bank against the MDM management company, follows from the case file.
The application was submitted on January 9, the case was considered by Judge Tatyana Ilyina. The details of the lawsuit are unknown, the amount of claims amounted to more than 785 million rubles. (See "Bank" Trust "recovers from the management company MDM over 785 million rubles."). The third party in the case is the National Settlement Depository NCO.
MDM specializes in securities management, its authorized capital is 5.65 billion rubles. The founders of the company are Bin Engineering LLC and Freedom Private Capital Funds PSS Limited.
The National Bank "Trust" was founded in 1995. In 2015, a criminal case was initiated on embezzlement in a credit institution, the defendants of which were top managers (see "The heads of Trust Bank were suspected of fraud with loans for 7 billion rubles and $ 118.3 million"). In December last year, the ex-owner of the bank, Ilya Yurov, was detained in Ukraine (see “The Ukrainian court did not arrest the detained ex-owner of the Trust bank”). In addition, the "Trust" filed a lawsuit in the High Court of London to cancel the transfers of funds by its former owners to the accounts of their wives. Representatives of the credit organization stated that as soon as financial problems arose in the bank, the shareholders transferred $68 million from offshore companies associated with the bank's borrowers to their wives and other family members, issuing them as gifts (see “Bank Trust” demands the return of $68 million, which its ex-owners gave to their wives").
Sue Trust Bank
Hello! In 2014, he took a consumer loan from Trust Bank in the amount of 130,000 rubles. In a certain period, due to financial difficulties, it was not possible to repay the loan debt, as a result of which the bank filed a claim with the court, after which, in May 2016, enforcement proceedings were initiated against me, according to which I was obliged to pay the remaining amount of the loan - 47000 rubles. I found out that enforcement proceedings were initiated against me a few days ago, I immediately went to the bailiff to resolve the issue of repaying the debt. However, before I learned that enforcement proceedings were initiated against me, I paid off part of the debt in the bank in the amount of 25,000 rubles. The bailiff advised me to go to the bank and take an extract on the partial repayment of the remaining debt in order to change the amount of the payment for the lawsuit. Arriving at the bank, they showed me that I owed 62,000 rubles, although the court had already made a decision in the amount of 47,000. The 25,000 rubles that I credited to the bank were not taken into account at all, or were taken into account in favor of interest invented by the bank. Thus, without receiving a clear answer from the bank, I repaid the full debt assigned by the court to the bailiff in the amount of 47,000. Can I sue Trust Bank to recover from them the money credited by me in repayment of a loan in the amount of 25,000 rubles, so How is this amount significant to an individual?
Lawyers Answers (10)
Roman, if you really paid the Bank more than established by the court decision, you have the right to demand their return. But you should figure out what kind of additional charge it is up to 62 tr. Therefore, first of all, I would suggest writing to the bank a statement demanding a reconciliation of mutual settlements. Depending on what exactly will be indicated in the reconciliation and what are the grounds for additional charges, it will be possible to assess your chances of going to court.
Clarification of the client
The fact of the matter is that the bank operates with some of its own fictitious accruals of interest, commissions, and so on, however, the contract, after the court decision, was terminated with them, a lawsuit was filed, after which they do not have the right to charge any interest.
Have a question for a lawyer?
First write a claim demanding a refund. The bank will give an answer on the basis of which such amounts were withheld. After reading the answer (if any), decide whether to go to court or not.
You can file a lawsuit in court, and it will be a lawsuit for the protection of the rights of consumers of financial services. (You do not pay state duty.)
Roman, good evening. Please specify whether you paid these 25,000 rubles BEFORE or AFTER pronouncement judgment?
Clarification of the client
After the judgment. I was not informed about the judgment at all.
However, without reconciliation, you will not be able to write a reasoned statement of claim. In principle, you can, of course, request a reconciliation directly in court, but the court may not satisfy your request, since you could do this without involving the court. Now, if they don't answer you, then you can apply for it in court.
The application (claim) can be written in any form, but you must have a copy with a mark of delivery or a receipt and a notification from the post office that you sent the corresponding letter to the bank.
I really hope that you still have a document confirming the deposit of 25 thousand to the bank.
Clarification of the client
Thank you! Receipts remain. Then the first thing I will do is exactly that, after which I will start from the answer of the bank.
So, and if AFTER the court decision. That question is what? You voluntarily partially complied with the judgment. Did you show the bailiffs a document confirming the payment?
Clarification of the client
They showed, but the bailiffs needed a bank statement on partial repayment, the bank refuses to issue one.
You can apply to the bank, but for this you first need to understand what payments the bank sent to. For this you will need a bank statement. It will be necessary to check on it how the interest is calculated, where the payments went. In addition, you need to look at the court decision - whether the loan agreement was terminated. If not, the bank could continue to charge interest and penalties.
In other words, you need an extract
Exactly. Depending on what he accrued there, it will be possible to motivate his demands.
Does the receipt indicate that this is a repayment of a debt on a loan or something else that can be identified as a partial repayment of a debt?
The fact that the contract was terminated, is it indicated in the operative part of the court decision, or did you decide that yourself?
If the contract has not been terminated, then they can still count you and go to court again.
If you found out about the court decision, then you should not rush to pay, but first take the court decision, because. as a rule, if you were not at the trial, then you were awarded both commissions and fines, which could be reduced.
Take a printout of the cash flow on the account of the loan agreement from the bank in order to understand where your money went
And why bailiffs need a bank statement? A document confirming the payment made after the judgment is rendered is a partial voluntary enforcement of the judgment.
Art. 43 FZ On Enforcement Proceedings:
2. Execution is terminated bailiff-executor in the following cases:
1) the adoption by the court of an act on the termination of the execution of the executive document issued by it;
2) acceptance by the court of the refusal of the recoverer to collect;
3) approval by the court of a settlement agreement, an agreement on conciliation between the recoverer and the debtor;
4) cancellation of the judicial act on the basis of which the enforcement document was issued;
5) cancellation or invalidation of the enforcement document, on the basis of which the enforcement proceedings were initiated;
6) termination on the grounds and in the manner established by federal law, enforcement of a judicial act, act of another body or official in the case of an administrative offense by the court, other body or official that issued the executive document
In this case, you have already partially fulfilled. Pay the rest and the bailiff is obliged to stop the enforcement proceedings. The fact of payment is not a bank statement, but a primary document confirming payment. I would like to draw your attention to the fact that this is not about paying off debts under a writ of execution, but about the execution of a judicial act. The bailiff is obliged to accept this document from you. Write an application to the UFSSP with a request to take into account this operation. Otherwise, you can also appeal against the actions of the bailiff.
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The decision in the civil case on the claim of the National Bank "TRUST" (OJSC) against B.D. A., B. E. N. on debt collection - reduced penalty
SOLUTION
IN THE NAME OF THE RUSSIAN FEDERATION
07/09/2015 Oktyabrsky District Court of Samara consisting of:
presiding judge A.Kh. Kurmayeva,
under the secretary of the court session Tregub U.V.,
having examined in open court a civil case №… at the suit of the National Bank «TRUST» (JSC) to B.D. A., B. E. N. on debt collection,
SET UP:
JSC NB "Trust" applied to the court with the said statement, referring to the fact that the date with the defendant B.D. A. signed a loan agreement No. 03-900-7158. The loan under the agreement was granted on the terms and conditions contained in the General Terms and Conditions for the Granting and Servicing of Credits, terms and conditions for the payment card, tariffs. In the application, the defendant agreed that the acceptance of his offer to conclude an agreement is the actions of the Creditor to open an account for him, and the tariffs, conditions and payment schedule are an integral part of the application and the agreement. The Bank fulfilled its obligations. According to the terms, the loan is considered to be granted on the date of reflection of the amount of the operation performed at the expense of funds provided by the bank on the client's account. From the date of conclusion of the contract, the client has obligations to pay fines, commissions, repayment of debts. In order to ensure the fulfillment by the borrower of obligations to repay the granted loan and pay interest, the bank concluded surety agreements with B. E. N. In violation of the conditions, the defendant evades the fulfillment of its obligations for the planned repayment of the current debt. He asks the court to recover jointly with B.D. A., B. E. N. in favor of OJSC NB "Trust" the amount of debt in the amount of *** rubles, as well as in equal parts the costs of paying the state fee ***
At the court session, the representative of the National Bank "TRUST" (OJSC) - G. A. I., acting under power of attorney No. ... dated 10/31/2014, supported the stated requirements on the grounds set forth in the claim, requests to be satisfied in full.
The representative of the defendants B.D. A., B. E. N. - A. L. M., acting under powers of attorney No. 12-5266, 12-5265 dated 12/19/2014, at the court session recognized the claims in terms of collecting the principal debt and interest from the defendants for the use loan, the amount of interest on overdue debt and fees for skipping payments asked to be reduced to *** rubles, taking into account the difficult financial situation, B. E. N. is currently on maternity leave to care for a child.
After hearing the parties, having studied the materials of the case, the court considers the claims to be satisfied on the following grounds.
The court found that the date of the National Bank "TRUST" (OJSC) and B.D. A. entered into loan agreement No. 03-900-7158, under which the lender undertook to provide the borrower with funds in the amount and on the terms provided for in this Loan Agreement, and the borrower undertook to repay the loan received, pay interest on the loan and fulfill other obligations stipulated by the loan agreement in full. The amount of the loan amounted to *** rubles, the interest rate for using the loan was 29% per annum. The loan repayment period is 60 months from the date following the date of the loan.
In accordance with Art. 196 of the Civil Code of the Russian Federation, the general limitation period is three years from the date determined in accordance with Article 200 of this Code.
In accordance with Part.2 Article. 200 of the Civil Code of the Russian Federation for obligations with a certain period of performance, the limitation period begins at the end of the period of performance.
From paragraph 1.3. loan agreement concluded between the Bank and B.D. A. it follows that the loan repayment period is 60 months from the date following the date of the loan.
Thus, the deadline for the fulfillment of obligations under this agreement is determined until 10/28/2016, therefore, the limitation period expires on 10/28/2019, it follows from the case materials that the plaintiff sent a statement of claim to the court on 05/29/2015, i.e. without missing the deadline.
In accordance with Art. 819 of the Civil Code of the Russian Federation, under a loan agreement, a bank or other credit institution (creditor) provides the borrower with funds in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the amount of money received and pay interest on it.
According to the Loan Terms, the Bank has the right to refuse to fulfill the obligation to provide the Loan or a part thereof, as well as to demand from the Borrower early fulfillment of obligations under the Loan Agreement (early repayment of the loan), as well as compensation for losses caused to the Bank due to non-fulfillment or improper fulfillment by the Borrower of the provisions of the Loan Agreement and these Terms, or non-fulfillment/improper fulfillment of obligations by third parties with whom the Bank has concluded agreements on securing the obligations of the Borrower, or deterioration in the quality of collateral for the obligations of the Borrower, in cases provided for by these terms.
In accordance with Art. 307 of the Civil Code of the Russian Federation, by virtue of an obligation, one person (debtor) is obliged to perform a certain action in favor of another person (creditor), such as: transfer property, perform work, pay money, etc., or refrain from a certain action, and the creditor has the right to demand from the debtor the performance of his obligation.
According to Art. 309 of the Civil Code of the Russian Federation, the obligations of the debtor must be performed properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with the customs of business or other usually imposed requirements.
Article 819 of the Civil Code of the Russian Federation establishes that under a loan agreement, a bank or other credit organization (lender) undertakes to provide funds (credit) to the borrower in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the amount of money received and pay interest on it, to relations under the loan agreement, the rules provided for by paragraph 1 of Chapter 42 of the Civil Code of the Russian Federation are applied, unless otherwise provided by the rules of paragraph 2 and does not follow from the essence of the loan agreement.
Part 1 Art. 810 of the Civil Code of the Russian Federation determines that the borrower is obliged to return to the lender the received loan amount on time and in the manner prescribed by the loan agreement.
According to part 2 of Art. 811 of the Civil Code of the Russian Federation, if the loan agreement provides for the return of the loan in installments (in installments), then if the borrower violates the deadline set for the return of the next part of the loan, the lender has the right to demand early repayment of the next part of the loan, the lender has the right to demand early repayment of the entire remaining loan amount together with interest due.
According to Art. 363 of the Civil Code of the Russian Federation in case of non-performance or improper performance by the debtor of the obligation secured by the guarantee, the guarantor or the debtor shall be jointly and severally liable to the creditor. The guarantor is liable to the creditor to the same extent as the debtor, including the payment of interest, reimbursement of legal costs for collecting the debt and other losses of the creditor caused by the debtor's failure to perform or improper performance of the obligation.
In accordance with Article 323 of the Civil Code of the Russian Federation, in the event of a joint and several obligation of debtors, the creditor has the right to demand performance both from all debtors jointly and from any of them separately, moreover, both in full and in part of the debt.
A creditor who has not received full satisfaction from one of the joint and several debtors has the right to demand what was not received from the other joint and several debtors.
Solidary debtors remain obligated until the obligation is fully performed.
It follows from the case materials that, in order to ensure the fulfillment of the borrower's obligations under the loan agreement No. ... dated October 28, 2011, the bank concluded a surety agreement No. ... with B. E. N.
Under the terms of the guarantee agreements No. ... dated October 28, 2011, the guarantor B. E. N. assumed the obligation to answer to the creditor for the execution of B.D. A. (borrower) of his obligations under the loan agreement No. ... dated 10/28/2011, which includes repayment of the loan, payment of interest for using the loan, payment of penalties, fees and commissions, as well as other obligations of the borrower in accordance with the loan agreement.
By virtue of clause 3.1 of the loan agreement, the loan is considered granted on the date the loan amount is credited to the borrower's account, and the borrower has an obligation to pay the appropriate interest for using the loan and other commissions and fees provided for by the tariffs of NB Trust.
According to account statement No. B.D. A. credit in the amount of *** rub. was provided by the plaintiff by transferring a sum of money to the specified account.
The court found that the obligations assumed under the loan agreement by B.D. A. are not fulfilled.
JSC NB "Trust" to the defendants sent demands for early fulfillment of obligations under the loan agreement, to which no response was received.
According to the calculation of the debt as of the date, the debt of the borrower B.D. A. before the Bank is ***., including:
principal debt in the amount of ***.;
interest for using the loan in the amount of ***
interest on overdue debt -***
fee for skipping payments - ***
At the hearing the representative of the defendants asks in accordance with the provisions of Article. 333 of the Civil Code of the Russian Federation to reduce the amount of fees for missing payments and interest on overdue debt, taking into account the financial situation of the defendants.
According to the legal position of the Constitutional Court of the Russian Federation, formed during the implementation of the constitutional and legal interpretation of Article 333 of the Civil Code of the Russian Federation (Determination dated date N 263-O), Article 330 of the Civil Code of the Russian Federation recognizes as a penalty an amount of money specified by law or contract, which the debtor is obliged to pay to the creditor in case of non-performance or improper performance of the obligation, in particular in the event of delay in performance.
According to the first part of Article 333 of the Civil Code of the Russian Federation, if the penalty payable is clearly disproportionate to the consequences of the violation of the obligation, the court has the right to reduce the penalty.
Thus, civil law provides for a penalty as a way to ensure the fulfillment of obligations and a measure of property liability for their non-performance or improper performance, and the right to reduce the penalty is granted to the court in order to eliminate its obvious disproportion to the consequences of a breach of obligations.
The court believes that the fee for missing payments, as well as interest on overdue debt are one of the types of penalties, given the financial situation of the defendants, the court considers it possible to reduce them, namely the fee for missing payments from ***
Based on the foregoing, taking into account the partial recognition of the claim, the court considers that the claim of the plaintiff to recover from the defendant the amount of debt under the loan agreement, which consists of: the amount of the principal debt - ***
In accordance with the requirements h.1 Article. 98 Code of Civil Procedure of the Russian Federation, from the defendants in equal shares in favor of the plaintiff, the amount of state duty is to be collected in proportion to the amount of claims satisfied by the court in the amount of ***
Guided by Article.Article. 194-199 Code of Civil Procedure of the Russian Federation,
I DECIDED:
The claim of OJSC NB TRUST shall be satisfied in part.
Collect jointly with B.D. A., B. E. N. in favor of OJSC NB "TRUST" debt under the loan agreement, namely: the amount of the principal debt - ***
Collect in equal shares from B.D. A., B. E. N. in favor of OJSC NB "TRUST" the amount of state duty in the amount of ***
The decision can be appealed to the Samara Regional Court through the Oktyabrsky District Court address within a month from the date of adoption in the final form.
The final decision was made on July 13, 2015.
Presiding judge: signature Kurmaeva A.Kh.
Court with TRUST bank
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Order of the Ministry of Internal Affairs of the Russian Federation of July 5, 2012 No. 677 “On approval of the procedure for paying the lifting allowance and daily allowance when employees of the internal affairs bodies of the Russian Federation move to a new duty station in another locality” (did not enter into force) In accordance with part 3 of article 3 Federal […] To whom the pension is increased from April 1, 2018 The social pension will increase from April 1. The Government Decree No. 302 of March 20, 2018 “On Approving the Indexation Coefficient of Social Pensions from April 1, 2018”, which has not yet entered into force, specifies a coefficient of 1.029. Social […]
1. In 2013, I took a credit card from TRUST Bank for 50 thousand rubles, used it for a while, then paid off the debt in full. After that, the bank increased the limit unilaterally to 100 thousand rubles.
I continued to use the card, but in 2014 I stopped paying the debt due to a difficult financial situation, which I immediately informed the bank about and asked to go to court to recover the debt in the amount of the credit card limit and reasonable interest, fines and penalties. No action was taken from the bank for 4 years. In 2018, the bank sued for a small part of the amount owed in size
15841.44 rubles, about which there is a court decision and enforcement proceedings. In 2019, the bank transferred the debt to a third-party organization SFO Accord Finance in the amount of 352,416.52 rubles (104,800.59 rubles of principal and 247,615.93 rubles of interest). In connection with the above, I ask you to advise me on the possibility of writing off the debt.
Law firm Helios LLC, 12588 responses, 7097 reviews, online since 03/01/2019
1.1. Hello. Any chosen lawyer on the site will be happy to advise you. Contact private messages.
Lawyer Akimova A.G., 14636 responses, 6815 reviews, online since 07/22/2016
1.2. The debt can be written off from you only by a court decision. This is their right to collect for the entire period when you did not extinguish the debt and interest.
At the same time, the law has a preemptive period for collection - 3 years (statute of limitations). You must personally declare the application of the limitation period in court.
But the recoverer can apply to the court not with a statement of claim, but with an application for the issuance of a court order. The justice of the peace will issue an order. You, having received an order (copy), immediately write to the justice of the peace an application for its cancellation due to the fact that the claimant has exceeded the limitation period. And the case will go to the stage of claim proceedings. There and declare the application of the statute of limitations.
2. I would like to ask what to do in the following situation.
In 2012, I took a credit card from Trust Bank. In 2013, after restructuring and loan holidays, she paid faster than expected and closed the loan. In 2015, apparently, there was an unpaid debt in the amount of 10,500 rubles; she paid it through the Spanish. sheet. In 2018, Bank Trust sued me again and demanded a payment in the amount of 286,000 rubles, instead of 158,000 rubles 6 years after everything previously listed. Filing a counter objection to the court, my father, being a trustee, did not appear once in court for the second time. And by filing a complaint with the regional court, I accordingly lose the case. And they appoint me the payment of the entire amount of 286.000 rubles. Bank. The deadline is up and I don't know what to do now.
Lawyer Shemyakin D.V., 5798 responses, 3922 reviews, online since 03/05/2018
2.1. Nothing.
In your objections, it was enough to state the limitation period and ask to consider the case without your participation.
It is useless to file a cassation appeal.
Lawyer Novikova D. D., 301 responses, 231 reviews, online since 08/05/2019
2.2. Have the deadlines for the appeal also expired? If so, then only pay (in order to avoid the application of enforcement measures, you can apply to the court for an installment plan in the manner
203 GPC).
2.3. Now it's nothing, everything that you could have spoiled. You need to come to lawyers before the court or during at least in order to competently protect yourself and do something. You yourself decided to act, received a claim in full, although due to the circumstances of the case, in theory, they could have been refused altogether, only the objections had to be written correctly. You didn’t even have to hire a lawyer for the court, just to write objections to you and give them. 2-3 thousand costs from the strength of this. Saved, now we owe 286,000. Your right. Now it's too late to twitch, when two instances are lost, that's all. Lawyers are not magicians.
3. In 2012, I took a credit card from Trust Bank for 15 thousand, it so happened that it remained open. I used it for about a year. In January 2019, I was presented with the amount to be paid 850,000 rubles. Moreover, the FSSP website lists two amounts of 425,000 rubles each, the same amount was considered in two courts. It turns out two identical amounts with different numbers. I get calls from unknown phone numbers all the time. I don't answer them. Picked up the phone once, the answer was SILENCE. Please tell me who should I contact... and how best to do it? After all, I didn’t take such amounts .. I would be very grateful for the answer.
Lawyer Plyasunov K.A., 145007 responses, 35783 reviews, online since 26.02.2013
3.1. Hello.
You need to get acquainted with the documents and calculations of the debt.
Lawyer Voronchikhin D. A., 7230 responses, 4632 reviews, online since 11/14/2018
3.2. You need to understand on what basis the IP was initiated, what judicial acts were passed there, whether you participated in the courts. Have you received the documents from the court, in what order the cases were considered, then think about what you can do next.
Lawyer Kuramshin R. R., 840 responses, 850 reviews, online since 01/12/2019
3.3. On the FSSP website, you can see: if court orders were the basis for initiating enforcement proceedings, then you can cancel them by filing appropriate objections with the courts that issued them, within 10 days from the date you read them. This is the simplest and most effective way to resolve your issue, given that the same debt may have been collected twice, and even for which the statute of limitations has expired.
4. There was a loan for household appliances, at the same time I was given a credit card, after repaying the loan, I activated it. According to the operator, it is 14% per annum, very profitable. In fact, as it turned out at 51.10%, from the bank's statement of claim. The card had a face value of 40,000, a year later the bank employees called and said that the limit had been increased to 100,000. For 3 years I actively used the card, removed and replenished the card balance. But then the card expired, I called the bank several times, the operator, every time I spoke after a month, then I didn’t remind me of the card, deciding for myself to close this card, a year and a half passed, I began to notice that the main debt was not repaid to my questions bank employees were openly rude, and when I asked to send me a payment schedule, they simply sent me in Russian to .... I told the operator that until I receive a schedule of payments and write-offs, I will not pay the loan because I paid them more than 600,000, after which I met the collectors of Trust Bank, they told me who I am, who my mother is and what will happen to us, I changed number. In 2018, the bank sued me, I don’t know where they got such amounts from, but they filed for 16,000 delays, and now they have resold the loan to collectors. And I think they will hang even more money on me, I gave the accountant from another bank to look at the calculations sent, the accountant said that the bank should return the money to me, so how can I prove that the bank is a fraudster?
Lawyer Soldat S. V., 3997 responses, 2687 reviews, online since 01/22/2018
4.1. Hello Oksana! I recommend reading the following articles:
"How to win a lawsuit against a bank on a loan"
"How to win a lawsuit against a bank on a loan - a case for 5.6 million rubles."
"How to cancel a court decision in a case on debt collection under a loan agreement"
Also, keep in mind that today there are many ways by which you can legally get rid of credit obligations or at least make it impossible to collect debt under a loan agreement. These include termination of the loan agreement, recognition of the transaction as invalid, challenging the terms of the agreement as contrary to the law (Article 168 of the Civil Code of the Russian Federation), recognition of the transaction as bonded (Clause 3 of Article 179 of the Civil Code of the Russian Federation), bankruptcy of individuals and the termination of enforcement proceedings on the grounds Art. 46 LF "On Enforcement Proceedings".
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Except for the provisions of the Agreement and the Privacy Policy, which you should be familiar with, your use of the Company's gambling services must be in strict accordance with all additional rules that may be applied from time to time for those gambling services that you use, including, among other things, the "Bonus Policy", "Withdrawal Policy", "Responsible Gaming Policy", (together, the "Additional Rules"), which are updated from time to time.
1. Introduction
1.1. By registering with the Company and/or using the Company's gambling services and/or checking the box "I have read the terms of the End User License Agreement and accept them" below (or any other similar wording) and/or clicking the "Continue Download" button, you express your consent to be bound by the terms of this Agreement, in its entirety and without reservation. In essence, this Agreement is a binding legal document concluded between you and the Company, and together with the Additional Rules, which are an integral part of it, this Agreement governs the use of the gambling services provided in any conditions.
1.2. The Company operates under a remote gambling license issued by the Government of Malta in accordance with the provisions of the Gambling Ordinance. All transactions between you and the Company are carried out in Malta, where the main servers of the Company are located.
1.3. The Company's software, available in download and non-download versions ("Software"), allows you to use our gambling services through the Website ("Services"). The Company reserves the right to temporarily suspend, modify, remove or add the Services at its sole discretion with immediate effect and without prior notice. The Company is not liable for any losses incurred by you as a result of any changes made, and you have no right to claim compensation from the Company.
1.4. With respect to the use of the Services, you may only have one account registered in your real name. You must use only your account to access the Software and Services. Under no circumstances may You use another person's account to access the Software and Services. If you attempt to open more than one account, whether under your own name or another name, or if you attempt to use the Services under another person's account, we have the right to immediately close all of your accounts, withhold all funds in such accounts, and prohibit your use of the Services in the future.
2. Acceptance of terms and conditions
2.1. If you do not agree to any of the terms of this Agreement, you must immediately stop using the Software and delete it from your computer.
2.2. We reserve the right to supplement, amend, update and change any of the terms and conditions of this Agreement (including each of the Additional Rules) from time to time, notifying you of such additions, adjustments or changes by publishing a new version of the Agreement on the appropriate page of the sites of all our own and non-brand brands. Any amended version of this Agreement will become effective 14 days after it is posted on the Website, and your continued use of the Services or Software after the 14-day period mentioned above will be deemed your acceptance of the changes to the Agreement. It is your responsibility to review the terms and conditions of this Agreement for the correct current rules, and we encourage you to check for updates regularly. PLEASE NOTE: We take our responsibility for the privacy of your data very seriously, so changes to the Privacy Policy are subject to strict compliance with the change provisions below.
3. Compliance with laws
3.1. In some jurisdictions, Internet gambling may be illegal. You acknowledge and accept that the Company cannot provide you with legal advice or warranties in relation to your use of the Services, and the Company makes no representations regarding the legality of the Services in your jurisdiction. Before registering with the Company and beginning to use the Services, check the relevant legislation of your administrative-territorial unit.
3.2. The Services are intended only for those users who are not prohibited by the laws of the respective administrative-territorial unit from gambling on the Internet. The Company does not intend to provide you with the opportunity to violate applicable laws. You represent, warrant and agree to ensure that your use of the Software and use of the Services complies with applicable laws, statutes and regulations. The Company shall not be liable for any illegal or unauthorized use of the Software and/or Services by you. If you have any doubts about the legality of your use of the Software or use of the Services in accordance with the laws of an administrative-territorial unit, then consult a legal consultant of such administrative-territorial unit. By accepting these terms and conditions, you agree to assist the Company to the best of your ability in ensuring compliance with applicable laws and regulations.
3.3. Persons located in certain countries, including but not limited to the United States of America, Israel and Turkey, are not eligible to open an account with the Company and deposit funds, nor use the Services. The Company reserves the right to change the list of countries from which users are prohibited from using the Services from time to time and at its sole discretion.
4. Eligible Participation
4.1. No person under the age of 18, or under the laws of any given civil division, under the age of majority to participate in the activities included in the Services, whichever is older ("Maturity"), under no circumstances has the right to download the Software or use the Services, and any person under the age of majority who downloads the Software or uses the Services is in violation of the terms and conditions of this Agreement. The Company reserves the right to require proof of your age, including a sample of your voice, from you at any time to ensure that minors are not using the Services. The Company may terminate the account of any person and prevent such person from using the Software or using the Services if proof of age is not provided, or if the Company suspects that the person using the Software or using the services is under the age of majority.
4.2. We reserve the right to verify the authenticity of your credentials at any time, such as your name, address, age and the payment methods you use, requiring you to provide all necessary documents for this verification. These documents usually include proof of your identity, your address (such as a utility bill), and the payment method you use. You can send these documents to us using the "Upload Documents" option in our secure checkout. If necessary, we may require from you notarized copies of these documents, namely documents with the seal and signature of a public notary. If the player refuses or ignores our request to provide these documents, the Company may, at its sole discretion, close his gaming account and withhold all the money that will be in this account. If the documents you send us do not pass our internal security checks, for example, if we suspect that you sent us false documents, or that your documents contain false information or were provided to us with the intent to mislead, we will not We have an obligation to treat these documents as legitimate and to let you know what we really think about them.
4.3. We reserve the right, in our sole discretion and for any reason, to verify the data of any player, including (but not limited to) conducting any operations to verify the identity of this player and check his creditworthiness, as well as request data from his personal history. On a case-by-case basis, such verification may include, among other things, verifying that player's registration details such as name, address, and age, as well as verifying their financial and gaming activities. The Company is under no obligation to notify players of such checks. We also reserve the right, as needed, to seek assistance from third party companies that will perform these checks. The Company may, at its sole discretion, block a player's account and withhold all funds in his account based on these checks and in the event of a positive result for the Company.
4.4. While employed by the Company and for 24 months after leaving the Company, no officer, director, employee, consultant, or agent of the Company or a group of companies or the Company's suppliers, vendors, or generic partners may use the Services, directly or indirectly. This requirement also applies to suppliers or vendors. This restriction also applies to relatives of such persons. “Relatives” as used herein means, among other things, a spouse, partner, parent, child or sibling. Furthermore, no citizen of Malta and no person residing in Malta may download the Software or use the Services.
5. Information technology and intellectual property
5.1. Company hereby grants a non-exclusive, non-transferable, non-sublicensable right to install and use the Software and all derived content of the Software, including, without limitation, copyright and all other existing intellectual property rights relating to the Services in accordance with this Agreement. You may install the Software on a hard drive or other storage device and create backup copies of the Software, provided that such backup copies are used only by You in connection with the Services and only on the computer of which You are the primary user. The code, structure and organization of the Software are protected by intellectual property rights. You should not:
a. copy, distribute, publish, reverse engineer, decompile, disassemble, modify, translate or attempt to access the source code in order to create a derivative of the source code or otherwise;
b. sell, assign, sublicense, transfer, distribute or lease the Software;
c. provide access to the Software to third parties through a computer network or in any other way;
d. export the Software to any country (physical or electronic means);
e. use the Software in a manner that is prohibited by applicable laws and regulations (collectively, the "Prohibited Activities").
5.2. You shall be solely responsible for any damages, costs or expenses that may arise in connection with the performance of any Illegal Activity. If You become aware that any person is engaging in any Illegal Activity, You must notify the Company immediately and provide reasonable assistance with the investigations the Company may conduct based on the information You provide.
6. Your statements and commitments
6.1. In consideration of the rights given to You to use the Services and use the Software, You represent, warrant, bind and agree that:
6.1.1. You have reached the age of majority as defined in this Agreement, are of sound mind and are capable of taking responsibility for your own actions.
6.1.2. All information provided by you to the Company, either at the time of registration or at any time thereafter, including that which forms part of any payment transaction, is true, current, correct and complete and corresponds to the name(s) on the credit/ debit card(s) or other payment accounts that will be used to deposit funds into or withdraw funds from your account. Without prejudice to the foregoing, in the event that you use a credit/debit card or other payment forms that are not in your personal name, we will assume that you have received full and sufficient consent from their rightful owner and/or person, whose name is used on such payment instruments, for such their use for the purposes specified in the Agreement until the conclusion of the Agreement with us. We are in no way obligated to verify such consent and shall not be liable in any way for statements made by you under this Agreement. You must promptly notify us of any changes in the information you provided to the Company in the past. From time to time, you may be asked to provide us with certain documents in order to verify the details of the credit card you use to deposit funds into your account. Depending on the results of these checks, you may or may not be allowed to make further deposits from the same credit card that you previously used. If any information you provide to us is found to be invalid, inaccurate, knowingly false or otherwise incomplete, you will be in breach of the Agreement and we reserve the right to immediately terminate your account and/or prevent you from using the Software or using the Services. in addition to any other measures we may take.
6.1.3. Your account with the Company is for your sole use. You must not allow any third party (including a relative) to use your account, password or identification information to access or use the Software or Services. You must not disclose your account username or password to any person and must take all steps necessary to ensure that such information is not disclosed to third parties. Notify us immediately if you suspect that any third party is abusing your account and/or that a third party has access to your account username or password so that we can investigate such cases. During the investigation, you must cooperate with us as we may require.
6.1.4. You are solely responsible for the security of your username and password on your personal computer or where you access the Internet. It is your responsibility to ensure that your username and password are not stolen or compromised by viruses or malware introduced into your computer from which you log into your gaming account. You must immediately notify the Company of any attempted hacking or unauthorized access from your computer.
6.1.5. You have verified and determined that Your use of the Services does not violate any laws or regulations of the jurisdiction where You are located.
6.1.6. You fully understand the general methods, rules and procedures for providing the Services and playing on the Internet. Do you understand that you are responsible for ensuring that the data is correct? X bets and games. You must not take any action or conduct that could damage the reputation of the Company.
6.1.7. You fully acknowledge that there is a risk of losing money when gambling through the Services and that you are solely responsible for such loss. You agree that your use of the Services is at your sole choice, judgment and risk. In connection with Your financial losses, You shall have no right to bring any claims against the Company itself or against any of the companies belonging to the Vegas-Casino group of companies, or their respective directors, officers or employees.
6.1.8. You acknowledge that when registering and using the Services, you provide us with a number of your personal data (including information regarding payment methods). We undertake to treat all information provided by you in an appropriate manner and not to disclose it to third parties except as specified in the Privacy Policy. We strongly advise you to read the Privacy Policy so that you are familiar with our principles in the field of information processing.
6.1.9. You must use our Websites (hereinafter referred to as "Websites"), Services and Software in full compliance with the terms and conditions of this Agreement and each of the Additional Rules as may be updated from time to time, and adhere to all rules and instructions for games included in the Services.
6.1.10. You are solely responsible for obtaining permissions to access telecommunications networks and Internet services required in connection with the use of the Software and use of the Services.
6.1.11. You acknowledge and agree that the Company may post the amounts you have won next to your username on websites and/or social media
6.1.12. You are solely responsible for obtaining permissions to access telecommunications networks and Internet services required in connection with the use of the Software and use of the Services.
6.1.13. You must use the Services and use the Software only in the best interests of both the Company and other players using the Services. In the event that the Company believes that you have used the Services or used the Software in bad faith, the Company has the right to terminate your account for the use of the Services and any other accounts you may have with the Company. The Company also has the right to withhold all funds in such accounts. You hereby expressly waive all future claims against the Company in this respect.
6.1.14. You acknowledge and agree that, by excluding yourself from using our websites, you will not open or use new accounts on other websites operated by the Company during the period of self-exclusion you have chosen, up to and including the cancellation and unblocking of your main account. If you violate this obligation, we will be forced to block all your new accounts that you open on other websites and forfeit all funds that you deposit (or previously deposited) into these accounts, without refunding all your bets and winnings, that you will receive with these accounts.
7. Prohibited Use of Websites and Services
7.1. Illegal Funds and Illegal Activities: You hereby represent that the source of funds used by you to play on the Websites is not illegal and that you are not using the Services as a money transfer system. You will not use the Services for any illegal or fraudulent activities or activities prohibited by the laws of any administrative-territorial unit where you are located (in particular, the laws of Malta), operations (including money laundering). If the Company suspects that you may or have been involved in fraudulent, illegal or unlawful activities, including, without limitation, money laundering activities, or have otherwise acted in violation of this Agreement, then your access to the Services may be immediately terminated and/ or your account has been blocked. If your account has been canceled or blocked due to such circumstances, the Company has no obligation to you to reimburse you for any funds that may be in your account. In addition to terminating access to the Services and/or blocking your account, the Company reserves the right to prevent you from accessing any other websites or servers of the Company or any other services offered by the Company. The Company has the right to inform the appropriate authorities, other interactive service providers, credit card companies, electronic payment service companies or other fiscal authorities (collectively, “Interested Third Parties”) of your identification information and of any unlawful, fraudulent or unlawful activity, and you must fully cooperate with the Company in the investigation of any such activity. To ensure fair play, our websites do not allow the use of any betting strategy that reduces the standard house edge, including (but not limited to) any attempts at card counting. If your game history indicates that you are using these strategies, we will be forced to immediately block your account and refuse to withdraw funds from this account.
7.2. Bypass: We have developed and use sophisticated proprietary technology designed to find and identify users who use the Software or use the Services in a fraudulent or illegal manner. You must not hack, attempt to break into or access or otherwise attempt to bypass the Company's security systems. If, in its sole discretion, the Company believes that you are violating the provisions of this article, the Company may immediately terminate your access to the Services and/or block your account; also the Company may notify Interested Third Parties of such violation of this article.
7.3. Artificial Intelligence - Robots: You must not allow the use of any computer program that we believe is equipped with artificial intelligence ("AI Program") in connection with Your use of the Services. We continuously analyze the use of the Services to detect the use of AI programs, and in the event that we believe that such a program has been used, we reserve the right to take any measures we consider appropriate, including the immediate blocking of access to the Services guilty user, canceling such user's account and withdrawing all funds from such account.
7.4. Intentional disconnection: While playing on the Websites, you may not intentionally disconnect from the game. We have developed and use carefully considered measures that allow us to search for and accurately identify those users who practice deliberate disconnection during the game. If, in its sole discretion, the Company believes that you are violating the provisions of this article, the Company may immediately terminate your access to the Services and/or block your account. If your account has been canceled or blocked due to such circumstances, the Company has no obligation to you to reimburse you for any funds that may be in your account. Other than termination of access to the Services and/or blocking? Account The Company reserves the right to prevent you from accessing any other websites or servers of the Company or any other services offered by the Company.
8. Your account
8.1. Your account is solely for your personal use and may not be used for any professional, business or commercial purpose.
8.2. We are not responsible in any way for access to your account by a third party, and under no circumstances shall the Company be liable in any way in connection with the damage that may be caused to you as a result of the misuse of your password by any person for unauthorized access to your account, and all transactions in which your username and password were entered correctly, will be considered legitimate, whether they were authorized by you or not.
8.3. The funds in your account should not generate any interest.
8.4. If you do not use your account for six months, your account will be treated as an "inactive account". This six-month period starts from the date you last logged into your account. Once your account becomes inactive, the Company will be entitled to charge it a monthly administration fee of 10% of the amount remaining in the account, starting from the day it became inactive. An administration fee will be deducted from an inactive account starting on the last day of the six-month period during which the account became inactive and on each last day of each subsequent month until the account balance is zero. In the event that you log into your account during the ten-month period during which an administration fee is deducted from your account, the Company will stop charging it, but is not obligated to refund to you any funds already deducted from your account during this period.
8.5. At any time, the Company may set off a positive balance in your account as compensation for any amount you owe us. For example, in the event that recalculation is required after a bet in your account has been settled in connection with your use of our sports betting services, the Company may deduct any necessary amount from your account.
9. Payment Transactions and Payout Fraud
9.1. Each user of the Services is solely responsible for the payment of all funds that are indebted to the Company. You agree that you will not refuse or attempt to refuse an earlier transaction and/or deny or cancel any payments made by you, and will reimburse the Company for any amounts in connection with the refusal of an earlier transaction, cancellation or cancellation of payments made by you and indemnify any loss suffered by the Company as a result of such actions of yours. At its sole discretion, the Company may terminate the provision of the Services or refrain from paying certain users using certain credit cards for payments.
9.2. We reserve the right to conduct credit checks on all users through third party credit institutions based on the information provided to us at the time of registration.
9.3. We reserve the right to use third party electronic payment processors and/or financial institutions to process both your payments and payments to you in connection with your use of the Services. Unless the terms and conditions of such third party electronic payment processors and/or financial institutions conflict with the terms and conditions of this Agreement, you agree to be bound by such terms and conditions.
9.4. In the event of a suspicious or fraudulent payment, including the use of stolen credit cards or any other activity of a fraudulent nature (including any abandonment of a previous transaction or other cancellation of a payment), we reserve the right to block the user's account, void any payouts made and recover any winnings . We have the right to report any payment fraud or other illegal activity to any relevant authorities or organizations (including credit reference agencies) and may engage collection agencies to recover payments. However, under no circumstances shall the Company be liable for unauthorized use of credit cards, whether or not credit cards have been reported stolen.
9.5. We expect our players to make deposits in order to actively play with their money. In cases where our expectations are not met, we reserve the right to indicate the need to place bets on a certain amount of the funds deposited by the player, as a prerequisite for obtaining permission to withdraw funds. This amount will be calculated by multiplying the total amount of funds deposited by a coefficient that we will set depending on the situation (for example, 1 x total amount of deposits). We also reserve the right to require the player to wager this amount on the games we have specified in order to exclude bets with minimal risk or bets on certain types of games.
9.6. All payments to your account must come from a single source of payment such as a credit card, debit card or charge card that you own as the account holder.
10. Bonuses
10.1. All promotions, bonuses or special offers are subject to their respective specific terms and conditions, and any free bonuses credited to your account shall be subject to such terms and conditions. We reserve the right to withdraw any promotions, bonuses or special offers at any time.
10.2. In the event that the Company believes that a user of the Services is abusing or attempting to abuse a bonus or other promotion, or may benefit from abuse or bad faith under a gambling policy accepted by the Company, the Company may, in its sole discretion, refuse, withhold or withdraw from any user any bonuses or promotions, or terminate any policy in respect of such user, either temporarily or permanently, or terminate such user's access to the Services and/or block his account.
10.3. All users of the Services are entitled to only one signup bonus. Members making their first deposit into an account with the Company or any of its non-brand partners and who already have or have previously held an account with one of the sites operated by the Company, including its own and non-brand brands, are not eligible for an additional signup bonus. unless the Company decides otherwise in its sole discretion.
10.4. In the event that the Company, in its sole discretion, determines that you have unfairly taken advantage of signup bonuses or have otherwise breached your obligations with respect to bonus promotions offered on any of the Websites owned and/or operated by the Company, the Company may block or cancel your accounts with the Company, and in such cases it shall have no obligation to refund any funds that may be in your accounts, other than those funds that were originally transferred to them.
10.5. If we suspect that any account or group of accounts is systematically engaged in illegal activities, for example, if these accounts are used in various illegal bonus wagering schemes or in a contractual game, then the Company will have the full right to block or close all these accounts. In such cases, the Company will not be liable for any refund to you of the funds that will be in your account, except for the funds made by you as a first deposit, if they are found in your account.
11. Obligations of the Company
11.1. The Company has no obligation to verify that users' use of the Services complies with this Agreement or the Additional Rules, which may be updated from time to time.
11.2. Under no circumstances shall the Company be obligated to investigate or enforce any claims made by one player against another player in relation to the use of the Services, or to take any action in connection with such claims, or to take any action against the player for any reason. reasons, including, but not limited to, violation of the terms and conditions of this Agreement. The Company may, in its sole discretion, decide to take appropriate action against any person whom it suspects of illegal activity or other violation of the terms and conditions of this Agreement, but is in no way obliged to do so.") ))
11.3. The Company is not required to store logins or passwords. If you incorrectly set, forgot or lost your account name and password for any reason other than the error of the Company, then the Company does not bear any responsibility for this.
11.4. The Company undertakes to treat all information provided by you in strict accordance with the Privacy Policy.
12. No Warranties
12.1. Services and software are provided on an "as is" basis. the company makes no warranties or representations, either express or implied (whether by law, regulation or otherwise), including, but not limited to, the implied warranties and conditions of merchantability, good quality, fitness for a particular purpose, completeness or the accuracy of the services or software, the absence of a violation of applicable law or regulation. The entire risk in connection with the use, quality and characteristics of the software rests with you.
12.2. The Company makes no warranties that the software or services will meet your requirements, be uninterrupted, timely, secure or error-free; that defects will be corrected; or that the software, or the server making it available, is free of viruses or bugs; or that the materials are complete, accurate, reliable; or in relation to the results or accuracy of information obtained by you through the use of the services.
12.3. In the event of errors, defects or viruses in systems or communications relating to billing or other elements of the services that result in the loss of data by you or other damage to your computer or software, the company shall not be liable to you and reserves the right to cancel all relevant games and take any other measures to eliminate such errors, except that the company is not obliged to provide any backup networks and / or systems or similar services.
12.4. The Company is not responsible for any acts or omissions of your internet service provider or other third party with whom you have entered into an agreement to gain access to the server on which the website is located.
13. Contractual limitation of liability
13.1. You agree that the choice to use the Services or not lies entirely with you, and you do so solely at your own choice, discretion and at your own risk.
13.2. The Company shall not be liable to you or any third party in contract, tort, negligence or otherwise for any damages or losses arising in any way from you or any third party in connection with your use of the Software or your use of the Services, whether directly or indirectly, including, without limitation, loss of business, loss of profits (including the loss or inability to receive expected winnings), business interruption, loss of commercial information, or any other direct or indirect damage (even if you have advised us of the possibility such damage or loss).
13.3. The Company shall not be liable in contract, in tort, negligence or otherwise for any damage or loss arising in any way from your use of any of the links provided on the Website. The Company is not responsible for the content of any of the Internet sites that may be accessed through the Sites or Services.
13.4. You acknowledge that the Company shall not be liable to you or any third party in connection with any modification, suspension or complete discontinuance of the Software or Services.
13.5. Nothing in this Agreement shall be used to exclude the liability of the Company in connection with fraud, death or personal injury arising from the negligence of the Company.
13.6. You agree that in the event of a failure of the Software or Services due to, but not limited to, any delay or interruption in operation or transmission of data, loss or corruption of data, failure of means or lines of communication, misuse by any person of the Web -sites or their content, any errors or omissions in the content, as well as any other factors that are beyond our control:
13.7. a. The Company will not be liable for any kind of damage, including the loss of possible winnings; as well as
13.8. b. if such errors result in an increase in winnings due to you, you are not entitled to the amounts that were caused by such an increase in winnings. You must immediately inform the Company of the error and return any winnings erroneously credited to your account to the Company (as instructed by the Company) or the Company may, in its sole discretion, deduct any amount equal to such winnings from your account or set off such amount as compensation for any amount you owe the Company.
14. Violation of these terms and conditions
14.1. You expressly agree to indemnify and defend the Company, its non-brand partners and their respective companies, and their respective officers, directors, and employees, immediately upon request, from any and all claims, demands, liability, damages, losses, costs and expenses, including legal fees and any other expenses incurred for any reason as a result of the following: a. any breach by you of this Agreement; b. your violation of any law or the rights of a third party; in. Your use of the Services or Software, or use by another person accessing the Services or Software using Your identification, whether with Your permission or not; d. accepting any winnings.
14.2. In addition to any other remedies available to the Company, if you violate the terms and conditions of this Agreement, or if the Company has reasonable grounds to suspect that you have violated the terms and conditions of this Agreement, your winnings may be confiscated at the discretion of the Company and the Company may withhold the entire positive balance then existing in your account against any losses or other amounts owed by you to the Company, pending an investigation and / or a decision on any legal proceedings. Failure to comply with the provisions of this Agreement may also result in disqualification, account termination and/or legal action against you.
15. Disagreements
15.1. You acknowledge and agree that the random number generator randomly generates events required in connection with the Services, and in the event that the result displayed in the Software (installed and running on Your equipment) contradicts the result displayed on our server , the result displayed on our server takes precedence in all cases. You understand and agree that (without prejudice to your other rights and remedies) the records of the Company shall be the final authority in determining the terms of your use of the Services, and you shall have no right to challenge the Company's decisions in such matters.
15.2. No claim or dispute will be resolved more than seven days from the date of the original transaction and all claims or disputes will be referred to the Customer Service Department.
16. Duration and Termination
16.1. This Agreement shall take effect immediately upon Your completion of the registration process with the Company and shall remain in effect until terminated in accordance with its terms.
16.2. We may terminate this Agreement immediately and terminate your account (including your username and password) without notice to: a. if for any reason we decide to stop providing the Services in general or only for you; b. if we believe that you have violated any of the terms of this Agreement; in. if you use the Services inappropriately or in violation of this Agreement; d. if your account is linked to any existing account that has been terminated. If your account is associated with existing blocked accounts, we may close it, regardless of how it was associated with them, and block the credentials on these accounts; for any other reason we deem appropriate. Unless otherwise stated in the Agreement, upon termination of this Agreement, any balance in your account will be returned to you within a reasonable period of time at your request, and we always have the right to deduct any amounts that you owe us.
16.3. You may terminate this Agreement and cancel your account (including your username and password) at any time by emailing us or at the relevant non-brand brand email address. Such termination will take effect upon the termination by the Company of your account (including your username and password), which occurs within seven calendar days of the Company's receipt of your e-mail message by our servers in Malta, provided that you continue to act responsibly in any action. on your account during the period between the sending of the email message and the termination of your account by the Company.
16.4. Upon termination of this Agreement, you must: a. stop using the Software and Services; b. pay all amounts due and any amounts owed by you to the Company; in. completely remove the Software from your computer and destroy all related documentation that may be in your possession, possession, power or control.
17. General provisions
17.1. If any part of this Agreement is held to be illegal or unenforceable due to any unforeseen circumstances, then such provision shall be deemed separate from the rest of the Agreement and shall not affect the validity and enforceability of any other provisions of this Agreement. Agreements. In such cases, the portion deemed invalid or unenforceable shall be interpreted in a manner consistent with applicable law and most closely reflecting the original intentions of the parties.
17.2. No waiver of any of the terms and conditions of this Agreement by us shall be construed as a waiver of previous or subsequent breaches of any of the terms and conditions of this Agreement.
17.3. Unless otherwise expressly stated, nothing in this Agreement creates or violates any rights or other benefits of third parties.
17.4. Nothing in this Agreement shall be construed to create an agency, partnership, trust, fiduciary relationship or any other form of joint venture between you and us.
17.5. This Agreement is the entire agreement between the Company and You with respect to the use of the Software and the use of the Services and supersedes any and all prior agreements between the Company and You with respect to this subject matter. You acknowledge that by agreeing to accept this Agreement, you have not relied on any statements other than those expressly made by the Company in this Agreement.
17.6. The Company reserves the right to transfer, assign, sublicense or pledge this Agreement, in whole or in part, in the event of a reorganization of the group of companies to which the Company is a member, or in the event of a merger, sale of assets or other similar corporate transactions in which the Company may be involved.
17.7. You may not transfer, assign, sublicense or pledge in any way any of your rights or obligations under this Agreement.
17.8. In this Agreement, the words "you", "your" or "user" means any person using the Services or using the Software under this Agreement. Unless otherwise indicated, the words "we", "us" or "our" collectively refer to the Company and its subsidiaries, partners, directors, officers, employees, agents and contractors.
17.9. Nothing in this Agreement shall be construed as granting you any security interest in respect of the assets of the Company, including, for the avoidance of any doubt, any amounts available to be credited to your account.
18. Gambling Provisions in Malta
18.1. The activity of the company is regulated by the legislation and other normative documents in relation to interactive gambling in Malta. You acknowledge that, under such laws and regulations, the Company may be required to provide certain information about you and your account to the Maltese authorities.
19. Dialogue interaction function (chat)
19.1. As part of your use of the Services, the Company may provide you with a conversational interaction feature that allows you to communicate with other users of the Services. The Company reserves the right to review the conversational interaction and keep a record of all messages made using this feature. Your use of the conversational interaction feature must comply with the following rules:
19.1.1. You must not make any statements of a sexual or offensive nature, including expressions of intolerance, racist content, hatred and blasphemy.
19.1.2. You must not make statements that are offensive, defamatory, harassing or offensive to other users of the Services.
19.1.2. You must not make statements that advertise, promote or otherwise refer to other interactive entities.
19.1.2. You must not make statements about the Company or the Websites or other websites on the Internet connected to the Company's site that are false and/or malicious and/or harmful to the Company.
19.1.2. We are well aware that English is not native to many players in the world. However, our current policy is that this is the only language allowed in a conversational app.
19.1.2. If you violate any of the above provisions relating to the chat function, the Company has the right to terminate your ability to use the chat and may even temporarily or permanently close your account. Upon such termination, the Company will refund you any funds that may be in your account in excess of any debt you owe the Company (if any) then existing.
19.2. PLEASE NOTE: When using the chat feature, any information you provide that can identify you may be read, collected or used by other users using the feature and used by third parties to send you messages on their own initiative. The Company does not and will not be responsible for the information that can identify you personally, provided by you through the online interaction function.
20. Customer Service and Special Promotions
20.1. To ensure quality of service, your calls to the customer service department may be recorded.
20.2. You hereby expressly express your unconditional consent to the use by the Company of your contact information provided by you during registration, so that the Company may contact you directly at any time in connection with your use of the Services or any other products or services offered by the Company, its partners or affiliates.
20.3. The Company will not tolerate any insults from the users of the Services in relation to the employees of the Company. In the event that the Company, in its sole discretion, determines that your behavior in a conversation on the phone, in interactive communication, in electronic correspondence or in other circumstances was offensive or disparaging towards employees of the Company, then the Company has the right to block or cancel your account with the Company and in such circumstances is not under any obligation to refund any funds that may be in your account.
20.4. From time to time, the Company may make special offers to you. Such offers may be communicated to you by various means, including but not limited to (i) email, (ii) telephone, (iii) SMS, and (iv) opening additional windows in the Software. Promotions start at 00:00 and end at 23:59 GMT on the dates shown, unless otherwise stated in the promotion's terms and conditions.
20.5. We will provide you with the opportunity to opt out of various means of communication with the Company, and if you do so, the Company will respect your decision.
21. Uninstall and add shortcuts
21.1. If you are using the downloaded Software and wish to uninstall it, you may do so from the Add/Remove Programs menu on your computer.
21.2. Please note that after installing the Software, the following shortcuts will be added to the computer desktop: a shortcut to the quick launch panel; desktop icon; link to the client in the Start menu;
"branded" folder with a link to the client and uninstallation in the "All Programs" item of the "Start" menu;
21.3. When this software is uninstalled, registration keys will remain on your computer to detect any fraudulent activity and ensure compliance with the rules of responsible gaming and the provisions of the Malta Regulatory Authority (MRA), the regulatory body of the State of Malta.
22. Minimum system configuration requirements
22.1. In order to use our Services, end users must install a C++ application (downloadable version) on their computers or use the online version of our Services (no software download).
22.2. Minimum Recommended system requirements for download version:
Windows OS version XP or higher;
At least 64 MB of RAM (recommended) and all end users must have Adobe Flash Player (version 10.3 or higher) installed.
22.3. If the installed version of Adobe Flash Player does not meet the above requirement, end users will be prompted to download and install the required version.
22.4. Minimum system requirements of the game client for the Mac platform:
OS version: Mac OS X 10.6.8;
Processor: 2.4 GHz Intel Core 2 Duo;
RAM: 4 GB DDR2 667 MHz.
22.5. The non-download client version is supported by the following browsers:
Internet Explorer version 6 and above, Firefox version 3 and above, Safari version 4 and above, Chrome version 4 and above;
All users must have the Adobe Flash browser plugin installed (version 10 and above).
23. Governing Law
23.1. This Agreement and the relationship between the parties shall be governed by and construed in accordance with the laws of Malta, and you irrevocably submit, in favor of the Company, to the exclusive jurisdiction of the courts of Malta, the right to settle any disputes (including claims for set-offs and counterclaims) that may arise in connection with with the establishment, validity, operation, interpretation or exercise of the established legal relationship under this Agreement or otherwise in connection with this Agreement.
24. Differences in languages
24.1. This Agreement was originally drafted in English language. In the event of possible discrepancies between the original English text of the Agreement and its translations into other languages, the English text shall prevail.
23. Provisions relating to individual games
23.1. Jackpot Wins
23.1.1. You hereby agree that if you win a jackpot of $20,000 or more (or the equivalent in any other currency) on casino slots, video slots, video poker or any other jackpot games or jackpot machines , You will grant the Company the unconditional, exclusive and perpetual right and permission to use Your name, photograph and the like throughout the world in any media for marketing and promotional activities of the Company and the Website and will fully cooperate with the representatives of the Company in this regard.
23.1.2. Jackpot winnings may be paid out to winners in 24 monthly installments if so decided in the sole discretion of the Company.
23.2. If we suspect that any account or group of accounts is systematically engaged in illegal activities, for example, if these accounts are used in various illegal bonus wagering schemes or in a contractual game, then the Company will have the full right to block or close all these accounts. In such cases, the Company will not be liable in any way for refunding you of the funds that will be in your account, except for the funds made by you as a first deposit, if any.
23.3. Artificial Intelligence Programs (Robots): When using our Services, you must not use computer programs that we believe have artificial intelligence ("AI Programs"). We constantly analyze the use of the Services to detect the use of AI programs, and in the event that we believe that such a program has been used, we reserve the full right to take any necessary measures against the guilty players, including the immediate blocking of access to the Services, closing the accounts of these players and withdrawing all funds from these accounts. If the Company receives information about the possible use of bots, then it will have full discretion to prohibit suspected players from using its Services and / or block their accounts and all funds on these accounts.
23.4. Payment Disputes: Each user of the Services is solely responsible for the payment of any and all monies owed to users of the Services and/or the Company. Any claims that a user of the Services may have regarding the payment of winnings to him, formed by losing bets placed by another user of the Services, must be made against the other user, and not against the Company. The Company is in no way obligated to make payments to you if any user of the Services for any reason fails to pay his debt or to take any action against such user. All disputes arising between users of the Services, including those related to payment fraud, are not the responsibility of the Company.
23.5. If we discover that your account is involved in any way with fraudulent activity, such as transferring money during a game, colluding players, or receiving unauthorized money transfers, we will have the right to permanently close your account and withhold any money that is in it is located even if we cannot prove that you intentionally received money from intruders.
23.6. When investigating fraudulent activity, we are not required to accept any explanation for the receipt of fraudulent funds. If your account is unblocked as a result of this investigation, we may decide to remove the fraudulently transferred amount from your bankroll.
23.7. Money transfers - If you want to send a money transfer to another player's account, you should be aware that we do not refund money transfers. Once you confirm the amount of your transfer and the username of the recipient, the money that will be withdrawn from your account at that moment will not be returned to you in any case, and we will not accept any responsibility for the loss of this money if your transfer is sent by mistake to another or non-existent account.
23.8. If your account receives money transfers from accounts with security issues, we will have every right to block your account and all withdrawals from your account until all security issues with these accounts (including those from which you received these money transfers) will not be resolved.
23.9. No player has the right to require the Company to take any action against players suspected of collusion, cheating or any other cheating. The Company does not provide information on the progress of the investigation of such cases and the results of these investigations. You must be fully aware of the risk of loss of funds during the game associated with the use of the Services, and take full responsibility for such losses. You agree that you use the Services at your own risk and solely at your own will and choice. In connection with your possible financial losses, you have no right to bring any claims against the Company itself, or against its affiliated companies and non-brand partners, as well as against the directors, officers and employees of these companies.
PLEASE PRINT AND KEEP A HARD COPY OF THIS AGREEMENT FOR YOUR OWN ARCHIVE.
Lawyer Frolov I. N., 648 responses, 389 reviews, online since 02/19/2018
12.1. Write a good question. What takeaway did you pay for? There is no 13% tax rate in Malta - for information.
24. In 2012, a loan was taken from a trust bank for 3 months, a credit card was issued along with the loan, the limit was 50,000 rubles. The loan was closed in 2 months, the credit card was used until February 2013. Before moving to another city, they completely closed all the debt through the Savings Bank, because. there was no cash register in our city.
Now I found out about the presence of a debt on the website of the bailiffs, in front of this bank 20,000 rubles. The judgment was issued in November 2018. I found out about the trial and the decision by accident, no one notified me.
It is not known where such an amount came from, what should I do, now I will send an application by mail to cancel the court order. How to claim a statute of limitations, because there are no receipts for payment?
24.1. Hello, if you have a problem with a credit institution (there is no way to pay the debt, you want to return the insurance, the bank illegally deducted funds, a court order has been issued, collectors are harassing and much more), then you will find answers to your questions in my topics on this forum :
Useful information can be found in my topics on the forum:
Also, keep in mind that today there are many ways by which you can legally get rid of credit obligations or at least make it impossible to collect debt under a loan agreement. These include termination of the loan agreement, recognition of the transaction as invalid, challenging the terms of the agreement as contrary to the law (Article 168 of the Civil Code of the Russian Federation), recognition of the transaction as bonded (Clause 3 of Article 179 of the Civil Code of the Russian Federation), bankruptcy of individuals and the termination of enforcement proceedings on the grounds Art. 46 LF "On Enforcement Proceedings". To understand directly your situation, you need to see the documents.
Sincerely, Financial Attorney - Stepanov Vadim Igorevich.
25. I have two trust bank credit cards that have been blocked for 4 years, I paid everything regularly, then they blocked me and I will
I asked them for an extract on the basis of which I should pay.
Lawyer Stepanov V.I., 36189 responses, 15922 reviews, online since 10/15/2011
25.1. You need to collect certificates of the amount of debt and compare them with the amounts that you have already paid. This bank often has too much.
Yours faithfully, the lawyer - Stepanov Vadim Igorevich.
26. Trust Bank requires payment of the full amount of credit card debt, referring to clause 8.9 of the agreement. The Lender has the right to demand from the Client early performance of obligations under the Agreement, including by issuing a Claim, in cases established by applicable law
RF. And cases of reorganization of a legal entity (clause 2, article 60 of the Civil Code of the Russian Federation). The issues of reorganization of legal entities are discussed in more detail in other materials on our website, for example: Reorganization of a legal entity in the form of separation, Transformation (reorganization) of a JSC into an LLC (nuances), etc.
Lawyer Ishbulatova G. R., 772 responses, 528 reviews, online since 04.10.2017
26.1. Hello! Have you violated the terms of the contract?
27. Instead of a minimum payment of 2000 rubles on a credit card, Trust Bank requires you to pay the remaining amount in full.
Lawyer Stepanov V.I., 36189 responses, 15922 reviews, online since 10/15/2011
27.1. There must be a reason for such a requirement (a material breach of the terms of the contract). If there were no delays, then the claim is unreasonable.
Yours faithfully, the lawyer - Stepanov Vadim Igorevich.
28. Bank Trust increased the minimum payment on a credit card unilaterally without notifying me and transferring all the data to the opening FC.
Lawyer Sokolov D.G., 142229 responses, 33011 reviews, online since 11/23/2008
28.1. Yuri, you need to look at the loan agreement or the terms of the loan in order to understand how this is provided for by these documents.
29. In 2011, I took a credit card from a trust bank for 80,000 rubles. I could not pay, as a result, through the court I paid about 150,000 rubles in 2016-17. Now, a year later, I decided, just in case, to once again clarify whether the debt in the bank was closed. As a result, they give me another amount of 66,000 rubles, and only now they say that it turns out that they have an indefinite debt and penalties are accrued every day. When I asked why I only found out about this now, they did not answer me. How to be now? Does it make sense to apply to the bank with applications?
Lawyer Nikolaeva A.P., 3565 responses, 2249 reviews, online since 10/04/2018
29.1. This happened because the debt was collected, but the loan agreement was not terminated. Accordingly, interest could be accrued from the moment the decision was made to its execution. Anything later is illegal.
30. I received an SMS notification that my credit card debt was transferred from the Trust to Otkritie Bank. I live in a village where there is no fclial from this bank, Sberbank does not accept the details that were sent to me by SMS. The phone number of the Trust’s hotline is not available to the mail, at the indicated phone number in the SMS, the opening allegedly belongs to the bank, they answer that you need to send money through the Beeline or MTS offices, but there the specialists answer that they do not provide these services. Feeling that they want to deceive me. Tell me how to get to the truth?
Lawyer Matveev I.V., 1819 responses, 1008 reviews, online since 05/10/2010
30.1. Hello Margarita! Bank Trust is being liquidated and in any case now they will not be able to accept credit funds. There is an Otkritie bank. You can call there and find out, don’t call anyone else and don’t call anywhere. There are telephones of the Central Bank (territorial) in your city, you can consult them.
Lawyer Yu. N. Kuznetsov, 79 responses, 53 reviews, online since 05/29/2018
30.2. Margarita, in order to avoid sending funds to scammers, you can use the services of a notary. Put the funds for the repayment of the loan in the notary's deposit. In this case, you will avoid penalties. At the same time, send an official letter to the Trust Bank with a request to comment on SMS messages. And better in two banks at the same time. If the concession is confirmed there in the response letter, then feel free to pay according to the new details.
DISTRICT COURT OF YAROSLAVL
Plaintiff: my_trust
1500XX, Yaroslavl, ...
DEFENDANT: JSC National Bank "TRUST"
branch in the city of Yaroslavl
150000, Yaroslavl, Svobody, 3
THIRD PARTY: CJSC Sequoia Credit Consolidation
127473, Moscow, st. Krasnoproletarskaya, 16, building 2
In accordance with paragraph 2 of Article 333.36 of the Tax Code of the Russian Federation and paragraph 3 of Art. 17
Law "On Protection of Consumer Rights"
the plaintiff is exempt from paying the state fee
STATEMENT OF CLAIM
On June 21, 2007, I, my_trust, entered into an agreement with JSC National Bank "TRUST" (hereinafter - the Bank) on the provision of a credit limit and the issuance of a credit card (hereinafter - the Agreement).
On the same day, I was opened a bank account No. 408178109080XXXXXXXX and issued a credit card No. XXXX XXXX XXXX XXXX.
After some time, this credit card was lost by me, in connection with which I applied to the Yaroslavl branch of the Bank to block the lost credit card and replace it with a new one, in accordance with the Terms of Provision and Maintenance of Credit Cards of NB "TRUST" (JSC) (clause 6.1.13).
I could not get a new card, because it was not available at the Yaroslavl branch of NB TRUST OJSC, the Bank's employees did not inform me when it would be made and when exactly I would be able to receive it.
After repeated visits to the Bank's branch, the Bank's employees assured me that when the credit card in my name arrives at the branch, I will be notified, all my contact details are available in the Bank (registration address and actual place of residence, mobile and work phone numbers).
However, for unknown reasons, I was not given a bank card, I did not receive any information from the Bank, although until now all my contact details have remained the same.
That is, from the moment the card was lost, I did not (could not) carry out debit transactions on the account using this card.
In April 2010, I received a claim from NB TRUST OJSC, from which it followed that the Bank had charged fines to the bank account opened for me under the Agreement in accordance with the tariffs for a total of 1,100.00 rubles.
According to the Tariff Plan "Client", which is an integral part of the Agreement, the fee for maintaining an account when a card is provided, reissued at the initiative of the client, during the validity period of the card is 300.00 rubles.
Since I applied to the Bank with a request to replace the lost credit card with a new one, and thus assumed the obligation to pay for the Bank's services for reissuing a bank credit card in the amount of 300.00 rubles, then on June 03, 2010 I paid the indicated amount, which is confirmed by incoming cash order No. 0605. I fulfilled my obligation to pay for the reissuance of a credit bank card as soon as I became aware of this fact.
I did not receive a reissued credit card, because after the aggressive and illegal actions of NB Trust OJSC, I do not want to have a contractual relationship with him.
Actions of JSC NB "TRUST" on the accrual of fines for missing the minimum payments in the amount of 300.00 rubles and 500.00 rubles I consider illegal, violating my rights and interests.
In accordance with the Terms of Provision and Maintenance of Credit Cards of NB "TRUST" (OJSC) and with the tariff plan "Client", penalties are provided only for missing the payment of the minimum installment, which is paid to repay the loan - skipping the payment of the minimum installment for the second time in a row is 300 rubles and the third time in a row - 500 rubles.
In accordance with Art. 330 of the Civil Code of the Russian Federation, a penalty (fine, penalty interest) is a sum of money determined by law or an agreement that the debtor is obliged to pay to the creditor in case of non-performance or improper performance of the obligation, in particular in case of delay in performance.
Consequently, a fine is a way of securing obligations, which is a form of property liability for their violation, and in order to recover a fine, it is necessary to have the fact of non-fulfillment or improper fulfillment of the obligation by the debtor.
However, the Bank itself did not fulfill the conditions for the timely provision of a bank credit card to me for use, i.e. I physically could not carry out debit transactions on the account - use credit funds, in connection with which I did not have (absent) the obligation to pay the minimum payments on the card in accordance with the stipulated tariffs.
That is, the Bank unreasonably and illegally demands payment of a fine in the amount of 800.00 rubles (300.00 rubles + 500.00 rubles = 800 rubles).
I stated my position in writing in a statement to the Bank dated 04/09/2010, but the Bank did not stop its actions to recover penalties from me.
Currently, the recovery of funds is carried out by the collection agency Sequoia Credit Consolidation CJSC, which requires me to pay a sum of money in the amount of 1,100.00 rubles, i.e. even without taking into account the 300.00 rubles paid by me to the Bank on account of the reissue of the card.
I do not know on what grounds it operates: whether the right to demand payment of the debt was transferred by the Bank to the agency and it is a new creditor, or the agency acts on behalf of the Bank (creditor).
Thus, the Bank's actions to unreasonably collect debts from me are unlawful and violate my rights and legitimate interests.
According to Art. 15 of the Law of the Russian Federation "On consumer protection" and Art. 151 of the Civil Code of the Russian Federation, moral damage caused to the consumer as a result of a violation by the manufacturer (seller, performer, etc.) of consumer rights, provided for by the laws and legal acts of the Russian Federation regulating relations in the field of consumer rights protection, is subject to compensation by the tortfeasor in the presence of his fault.
As a result of the illegal actions of JSC National Bank "TRUST", I suffered significant moral damage associated with the unlawful accrual of fines and the defendant's evasion of liability, i.e. by infringing on my rights, the defendant caused me moral suffering, because I had to postpone personal affairs, come to the Bank and prove my rights, conduct telephone conversations, seek advice, etc. more than once.
In addition, due to attempts to unreasonably collect the above amount from me, I experience constant inconvenience and fear, since Sequoia Credit Consolidation CJSC (on behalf of the Bank) is trying in every possible way to recover this amount (multiple phone calls in the morning and evening ), agency employees put pressure on me, point to Negative consequences failure to return this amount up to the deprivation of all property and property of relatives, criminal liability, etc.
Moreover, the Bank intends to place information about me as an unscrupulous borrower in the bureau credit histories, which will entail problems for me in relation to other credit organizations for issuing a loan, since I am a regular client of such organizations.
Based on considerations of reasonableness and fairness, I estimate the non-pecuniary damage caused to me in the amount of 60,000 rubles.
According to paragraph 1, 2 of Art. 98 Code of Civil Procedure of the Russian Federation to the party in whose favor the decision of the court took place, the court awards reimbursement on the other side of all the court costs incurred in the case.
Thus, the defendant is subject to recovery of legal costs, consisting of the costs of legal services for consultation and preparation of a statement of claim for the protection of consumer rights in the amount of 1660 rubles (190 rubles + 1470 rubles) .
In accordance with the provisions of the Law of the Russian Federation "On the Protection of Consumer Rights", claims for the protection of consumer rights can be brought to the court at the place of residence of the plaintiff (clause 2, article 17 of the Law) without paying a state fee (clause 3, article 17 of the Law).
Based on the foregoing, guided by Article.Article. 151, 330 of the Civil Code of the Russian Federation, art. 15, 17 of the Law of the Russian Federation "On the Protection of Consumer Rights", Art. 131, 132 Code of Civil Procedure of the Russian Federation
I BEG:
1. To recognize the actions of JSC National Bank "TRUST" on the accrual of fines in relation to my_trust in the amount of 300.00 rubles and 500.00 rubles illegal.
2. Collect from JSC National Bank "TRUST" in favor of my_trust a sum of money as compensation for non-pecuniary damage in the amount of 60,000 rubles.
3. Collect from JSC National Bank "TRUST" in favor of my_trust the costs of legal services for consultation and preparation of this statement of claim in the amount of 1660 rubles.
Application:
1. Copy of the statement of claim.
2. Conditions for the provision and maintenance of Credit Cards of NB "TRUST" (JSC).
3. A copy of the conditions of the Tariff plan "Client"
4. A copy of the application for a card dated 21.06.2007.
5. A copy of the receipt for receiving the card No. XXXX XXXX XXXX XXXX dated 21.06.2007.
6. A copy of the incoming cash order No. XXXX dated 03.06.2010.
7. Copy of the application (claim) dated 07.04.2010.
8. A copy of the Bank's response to the application (claim) dated 20.05.2010.
9. Copies of the contract for the provision of legal services for the preparation of a statement of claim for the protection of consumer rights and the acceptance certificate.
10. A copy of the receipt of payment for legal services for the consultation.
11. A copy of the receipt of payment for legal services for the preparation of the statement of claim.
1. In 2013, I took a credit card from TRUST Bank for 50 thousand rubles, used it for a while, then paid off the debt in full. After that, the bank increased the limit unilaterally to 100 thousand rubles.
I continued to use the card, but in 2014 I stopped paying the debt due to a difficult financial situation, which I immediately informed the bank about and asked to go to court to recover the debt in the amount of the credit card limit and reasonable interest, fines and penalties. No action was taken from the bank for 4 years. In 2018, the bank sued for a small part of the amount owed in size
15841.44 rubles, about which there is a court decision and enforcement proceedings. In 2019, the bank transferred the debt to a third-party organization SFO Accord Finance in the amount of 352,416.52 rubles (104,800.59 rubles of principal and 247,615.93 rubles of interest). In connection with the above, I ask you to advise me on the possibility of writing off the debt.
Law firm Helios LLC, 12588 responses, 7097 reviews, online since 03/01/2019
1.1. Hello. Any chosen lawyer on the site will be happy to advise you. Contact private messages.
Lawyer Akimova A.G., 14636 responses, 6815 reviews, online since 07/22/2016
1.2. The debt can be written off from you only by a court decision. This is their right to collect for the entire period when you did not extinguish the debt and interest.
At the same time, the law has a preemptive period for collection - 3 years (statute of limitations). You must personally declare the application of the limitation period in court.
But the recoverer can apply to the court not with a statement of claim, but with an application for the issuance of a court order. The justice of the peace will issue an order. You, having received an order (copy), immediately write to the justice of the peace an application for its cancellation due to the fact that the claimant has exceeded the limitation period. And the case will go to the stage of claim proceedings. There and declare the application of the statute of limitations.
2. A loan was taken from the trust bank on August 30, 2013 for three years, the end date was August 31, 2016.
During the first 13 months regularly repaid the loan. Then he couldn't.
The last payment on the loan was on 10/30/14.
On April 26, 2016, the bank filed a lawsuit and recovered from me only part of the loan.
The decision of the court entered into force on August 16, 2016.
Until March 31, 2019, 30% of the pension was forcibly collected.
Then the collection stopped, although 7 months remained to be paid.
The Bank transferred the rights of claim to Express-credit LLC, which filed a lawsuit for succession to a part of the unpaid debt by court decision.
However, the debt to the bank under the writ of execution is 15,000 rubles, and the right to claim is 81,445 rubles (indicated in the appendix to the assignment agreement).
Is it possible to invalidate the assignment agreement?
Has my loan expired?
2.2. There are no grounds to invalidate the contract (Articles 166-181 of the Civil Code of the Russian Federation): this does not follow from the question, and the creditor met the limitation period, because there is already a court decision (Article 196 of the Civil Code of the Russian Federation). The limitation period applies when the creditor applies to the court. It follows from the question that this stage has already been passed. The decision of the court entered into force on August 16, 2016. The bank collected at that time what it could collect according to contractual obligations.
The right to claim was calculated taking into account accrued interest and penalties. If a new creditor goes to court, you have the right to file a petition to reduce the forfeit and penalties due to their disproportion to the violated obligation with reference to Article 333 of the Civil Code of the Russian Federation, and since. we are talking about the collection of interest and fines most likely (the principal debt was collected by a court decision that has entered into force), then the limitation period has not expired.
2.3. Victor, hello!
Let's go in order.
Firstly, unconditional there is a possibility to invalidate the contract.
In doing so, the following must be observed.
The provisions of Art. 10 of the Civil Code of the Russian Federation contain a ban on the abuse of the right in any form.
According to paragraph 2 of Art. 168 of the Civil Code of the Russian Federation A transaction that violates the requirements of a law or other legal act and at the same time infringes on public interests or the rights and legally protected interests of third parties is void, unless it follows from the law that such a transaction is contestable or other consequences of the violation that are not related to the invalidity of the transaction.
A party to the transaction, and in the cases provided for by law also another person, has the right to present a demand for the application of the consequences of the invalidity of a void transaction. The requirement to invalidate a void transaction, regardless of the application of the consequences of its invalidity, can be satisfied if the person making such a request has a legally protected interest in recognizing this transaction as invalid (Clause 3, Article 166 of the Civil Code of the Russian Federation).
Secondly, statute of limitations may also apply.
To do this, you need to use these rules of law.
According to paragraph 17 of the Decree of the Plenum of the Supreme Court of the Russian Federation No. 43 "On some issues related to the application of the norms of the Civil Code of the Russian Federation on the limitation period", by virtue of paragraph 1 of Article 204 of the Civil Code of the Russian Federation, the limitation period does not run from the moment of applying for judicial protection, including from the date of filing an application for issuing a court order or applying to an arbitration court, if such an application was accepted for proceedings. The day of applying to the court is the day when the statement of claim is submitted to the postal organization or filed directly with the court, including by filling out the form posted on the official website of the court on the Internet in the prescribed manner. The provision of paragraph 1 of Article 204 of the Civil Code of the Russian Federation does not apply if the court refuses to accept the application or the application is returned, including in connection with non-compliance with the rules on the form and content of the application, on payment of the state fee, as well as other requirements provided for by the Code of Civil Procedure of the Russian Federation and the Arbitration Procedure Code of the Russian Federation. In case of timely fulfillment by the plaintiff of the requirements set forth in the judge's ruling on leaving the statement of claim without movement, as well as in the event of cancellation of the ruling on the refusal to accept or return the statement of claim, on the refusal to accept or return the application for issuance of a court order, such an application is considered filed on the day of the initial treatment from which the limitation period does not run.
In accordance with paragraph 6 of the above-mentioned Plenum of the Supreme Court of the Russian Federation, within the meaning of Article 201 of the Civil Code of the Russian Federation, the transfer of rights in the order of universal or singular succession (inheritance, reorganization of a legal entity, transfer of ownership of a thing, assignment of a claim, etc.), as well as transfer powers of one body of public law education to another body do not affect the beginning of the limitation period and the procedure for its calculation.
In this case, the limitation period begins to run in the manner prescribed by Article 200 of the Civil Code of the Russian Federation, from the day when the original owner of the right found out or should have found out about the violation of his right and about who is the proper defendant in the claim for the protection of this right.
I hope my answer helped you! Thank you!
I earnestly ask you not to trust a beggar who will beg in private messages. He does this well. But to answer right away - not very much.
2.4. You don't need to invalidate it. Your obligation has already been established by a judicial act that has entered into legal force.
According to part 2 of Art. 13 of the Code of Civil Procedure of the Russian Federation, court decisions that have entered into force, as well as legal orders, requirements, instructions, calls and appeals of courts are binding on all state authorities, local governments, public associations, officials, citizens, organizations without exception and are subject to strict execution throughout the Russian Federation.
4. I would like to ask what to do in the following situation.
In 2012, I took a credit card from Trust Bank. In 2013, after restructuring and loan holidays, she paid faster than expected and closed the loan. In 2015, apparently, there was an unpaid debt in the amount of 10,500 rubles; she paid it through the Spanish. sheet. In 2018, Bank Trust sued me again and demanded a payment in the amount of 286,000 rubles, instead of 158,000 rubles 6 years after everything previously listed. Filing a counter objection to the court, my father, being a trustee, did not appear once in court for the second time. And by filing a complaint with the regional court, I accordingly lose the case. And they appoint me the payment of the entire amount of 286.000 rubles. Bank. The deadline is up and I don't know what to do now.
Lawyer Shemyakin D.V., 5798 responses, 3922 reviews, online since 03/05/2018
4.1. Nothing.
In your objections, it was enough to state the limitation period and ask to consider the case without your participation.
It is useless to file a cassation appeal.
Lawyer Novikova D. D., 301 responses, 231 reviews, online since 08/05/2019
4.2. Have the deadlines for the appeal also expired? If so, then only pay (in order to avoid the application of enforcement measures, you can apply to the court for an installment plan in the manner
203 GPC).
4.3. Now it's nothing, everything that you could have spoiled. You need to come to lawyers before the court or during at least in order to competently protect yourself and do something. You yourself decided to act, received a claim in full, although due to the circumstances of the case, in theory, they could have been refused altogether, only the objections had to be written correctly. You didn’t even have to hire a lawyer for the court, just to write objections to you and give them. 2-3 thousand costs from the strength of this. Saved, now we owe 286,000. Your right. Now it's too late to twitch, when two instances are lost, that's all. Lawyers are not magicians.
"How to win a lawsuit against a bank on a loan - a case for 5.6 million rubles."
"How to cancel a court decision in a case on debt collection under a loan agreement"
Yours faithfully, the lawyer in Volgograd - Stepanov Vadim Igorevich.
26. Briefly, the situation is as follows: in 2011, my passport was stolen and the attackers obtained loans from three banks using it.
Not so long ago, one of the Bank's loans was bought by the first collection bureau. I spoke to them and explained the situation. They told me to send them all the documents related to the theft of the passport. My question is what they can do in the legal field, if they sue where it can take place, and whether it will turn out that without me the court will award not my debt. (such a precedent has already been ... by the way, the trust bank sued for some reason for part of the debt and the court should pay without me) What should I do in this situation. Thank you!
Lawyer Sadykov I. F., 49431 responses, 26528 reviews, online since 10/11/2017
26.1. You can file a claim with the court yourself to recognize the contract as not concluded on the basis of the materials of the police check on your report of the crime. And if they themselves file a lawsuit in court, then declare the application of the limitation period (Articles 196, 199 of the Civil Code of the Russian Federation). But first, a court order will need to be canceled.
Lawyer Vasiliev A. A., 647 responses, 490 reviews, online since 06/21/2018
26.2. Michael, hello!
If a court decision on debt collection under an agreement that you actually did not conclude (did not sign) took place (will take place) without you, then it is necessary to appeal against such a court decision. If the deadline for appeal has expired, together with the complaint, submit an application for the restoration of the procedural term.
In the course of the proceedings, the fact that it was not you who signed the contract can be established as a result of an examination.
Warning (in pursuance of the Rules, approved by the FPA of the Russian Federation (Minutes No. 7 dated September 28, 2016)) - the legal information provided above is not legal advice.
Each case has its own nuances. To successfully resolve a difficult situation, seek legal advice, drafting documents, representing interests in courts with a lawyer.
27. In 2013, she took a loan from the Ural Bank for Reconstruction, 100,000, did not pay! No one has called or written for years. 3. Yesterday they called from the court, Trust LLC sued me for 201000! It's a debt collector! I took a certificate from the Bank that I owe them nothing, it states that the loan was closed on 12/26/2016! What to do?
Lawyer Lisimenko Yu.I., 1482 responses, 479 reviews, online since 06/24/2013
27.1. Go to court and prove that you owe nothing to anyone.
So no options.
Lawyer Zakharova I. A., 2870 responses, 2054 reviews, online since 07/17/2018
27.2. Hello, Natalya Vyacheslavovna. Submit this information to the court.
Lawyer Baranov M.A., 7944 responses, 3761 reviews, online since 11/27/2009
27.3. SW. Natalya Vyacheslavovna, first you need to familiarize yourself with the claim and the attached documents, i.e. establish whether there was a transfer of the right of claim (whether an assignment agreement was concluded). I recommend with the available documents to contact a lawyer or a lawyer in your city for a face-to-face consultation.
Lawyer Voronchikhin D. A., 7230 responses, 4632 reviews, online since 11/14/2018
27.5. It’s not clear how it happened, you yourself say that you didn’t pay the loan, and the bank gave you a certificate that they didn’t owe him anything, how so? Have you repaid your debt? The bank probably gave you a certificate that he ceded the debt to other persons, he could do this, it doesn’t mean that your debt is gone, they just don’t owe the bank, you need to look at all the documents and think what to do, you understand something wrong, in court you will do everything wrong and later it will be too late, show the documents to the lawyer.
Lawyer Moskvichev A. V., 2994 responses, 1649 reviews, online since 02/28/2016
27.6. Natalya Vyacheslavovna, hello,
In addition to all of the above, the lender also missed the statute of limitations.
Therefore, feel free to go to court, submit a certificate from the bank, declare that the limitation period has been missed, and then live in peace.
28. The court ruled to recover from the Trust bank the funds deducted from my pension according to the canceled court order (the agreement with the bank was drawn up in St. bank in Nizhny Novgorod), I requested a performer. The sheet is in court, but where should I send it to Nizhny Novgorod or are there other options, please tell me?
Lawyer Kalinina T. A., 323 responses, 222 reviews, online since 11/22/2018
28.1. The writ of execution is sent to the location of the debtor - in your case - the bank.
29. In February 2013, I took a credit card from Trust Bank (the card expires in 2018). Until May 2013, he made payments every month. Then I couldn't contribute. I did not receive a letter from the bank about the repayment of the debt. In June 2014, the bank filed a lawsuit with the district court and won. A decision was made to collect the amount of the debt and interest in September 2014. But there were no further actions from the bank. The case was filed in court. But in June 2018, the bank again filed a lawsuit only in the world court to recover the amount of interest owed for the period from May 2013 to July 2013. Can I find out if the statute of limitations has expired? Can I challenge the claim in court on the statute of limitations?
Lawyer Sadykov I. F., 49431 responses, 26528 reviews, online since 10/11/2017
29.1. You can. In this case, the limitation period has expired (Article 196 of the Civil Code of the Russian Federation). Declare the application of the limitation period in writing (Article 199 of the Civil Code of the Russian Federation), because The statute of limitations is declarative in nature.
P.S. Thanks in advance for your feedback below!
Lawyer Nikitina Yu. V., 6925 responses, 4245 reviews, online since 05/28/2017
29.2. Hello Ivan!
Yes, the statute of limitations under Art. 196 of the Civil Code of the Russian Federation expired
The bank could have presented this interest when it filed the first statement of claim.
Lawyer Voronchikhin D. A., 7230 responses, 4632 reviews, online since 11/14/2018
29.3. During this period, the statute of limitations has expired. But this had to be declared in court. You were there? What kind of judgment did you have there? Order or decision of the court?
30. Please when is the statute of limitations? The situation is as follows: on July 23, 2014, I took a loan from TRUST Bank, at that time I already had a mortgage and a loan from Sberbank. After four months, my financial situation deteriorated significantly and I stopped paying all loans. In April 2015, Sberbank restructured my loans to me and the payment amount increased. And the trust bank began to call me and threaten me, then I found out that the trust bank received a court order to recover from me the interest that had accrued at that time, I found out about this when some pennies were debited from the accounts of the savings bank and the card went into minus 30,000, adhering to to whom I came to find out what kind of order he said that the order came into force once the money was written off, gave him to sign the papers and sent him to pay. Since then, pennies remaining after paying the mortgage are sometimes written off from the accounts of the Savings Bank. In this regard, the question is, if I also close the court order for these interest with small payments, will the Trust be able to sue me for the amount of the principal debt, because I stopped paying the loan at the end of 2014? How is the statute of limitations calculated in this case?
Lawyer Kalashnikov V.V., 188666 responses, 61684 reviews, online since 09/20/2013
30.3. The statute of limitations is calculated for each payment, and not from the moment of the last payment. Based on Art. 196, 199 of the Civil Code of the Russian Federation, it must be declared in court. It is three years.
If you stopped paying at 14, then you need to look when there were payments according to the dates. The fact that they stopped paying 4 years ago does not mean that the term has expired.
Lawyer Sadykov I. F., 49431 responses, 26528 reviews, online since 10/11/2017
30.4. The limitation period provided for by Article 196 of the Civil Code of the Russian Federation is calculated from each payment. The fact of payment by court order does not restore the limitation period, since you are executing a court order to collect the debt.
Lawyer Bulatova I.D., 28383 responses, 10010 reviews, online since 03/03/2015
30.5. The statute of limitations applies provided that the bank has not applied to the court ...
But in your case, there is a court order that you have not appealed ... That is, the limitation period is not applicable.
You have a chance only to cancel the order, which, by virtue of Article 129 of the Code of Civil Procedure of the Russian Federation was not appealed within the specified period.
The judge cancels the court order if the debtor raises objections regarding its execution within the prescribed period.
Lawyer Krauter V. N., 10718 responses, 4009 reviews, online since 12/09/2015
30.6. Hello Alexander Yurievich!
The limitation period of 3 years has expired in your case, so if you sue, you should declare the application of the limitation period and the claim to the bank will be denied. The limitation period is calculated from the moment of the last payment made by you on the loan.
(Article 196 of the Civil Code of the Russian Federation)
SOLUTION
IN THE NAME OF THE RUSSIAN FEDERATION
Oktyabrsky District Court of Samara consisting of:
presiding judge Yakusheva E.V.,
At the court session secretary Kutepova Z.V.,
Having considered in an open court session civil case No. 2-4266/14 on the claim of NB TRUST (OJSC) to ZHLS for the recovery of debt under the loan agreement and the counterclaim of ZHLS against NB TRUST (OJSC) to invalidate the loan agreement in terms of establishing percent,
SET UP:
NB "TRUST" (JSC) 30.06.2014 appealed to the court with the above statement of claim, referring to the fact that the date. The National Bank "TRUST" (OJSC) and ZhLS entered into a loan agreement No.... on the basis and conditions of an earlier concluded loan agreement No.... dated date (Agreement 1). Contract 1 is concluded in an offer-acceptance form, in accordance with the provisions of Art. , and . The loan under Agreement 1 was provided on the terms and conditions contained in the Loan Application, Loan Provision and Servicing Conditions, Settlement Card Terms, Tariffs, Card Tariffs, Settlement Card Tariffs, as well as other documents containing credit conditions. In the Application, the Respondent agreed that the acceptance of his offer to conclude Agreement 1 is the actions of the Creditor to open an account and a special card account for him (hereinafter referred to as SCS), and the Conditions, Card Conditions, Tariffs, Card Tariffs and Payment Schedule are an integral part of the Application and Agreements 1. In the Application, the Respondent expressed his agreement with the Conditions on the Settlement Card, Tariffs on the Settlement Card, undertook to comply with them and asked the Bank to conclude a Settlement Card Agreement with him, under which, in accordance with the Conditions on the Settlement Card, open a bank account/accounts for him and provide for use an international settlement Bank card/cards of NB "Trust" (OJSC) with a limit of allowed overdraft. In accordance with paragraph 2.1 of the Settlement Card Terms and Conditions, the Bank concludes an Agreement with the Client by accepting the Client's offer contained in the Application by opening an SCA. Simultaneously, the Bank accepts the Client's offer to provide the Card by issuing the Card. The date of conclusion of the Agreement is the date of activation of the Card by the Client. The Card is handed over to the Client not activated or can be activated by the Bank in automatic mode at the request of the Client immediately upon its issuance. To perform Transactions with the Card, the Client must sign on the back of the Card and activate it (in case the Card was not activated automatically when it was issued) by calling the Bank's Customer Service Center by phone or by contacting the Bank's branch. When the Client contacts by phone, the Card is activated by the Bank, if the Client provides the Bank with the relevant information by phone, which allows the Bank to identify the Client. The Card is activated by the Bank when the Client applies to the Bank branch on the basis of the identification document presented by the Client. The Bank fulfilled its obligations. The defendant received the Settlement Card no. .. with the allowed overdraft limit on the following terms: the allowed overdraft limit is *** rubles, the interest for using the loan is ***% per annum; validity period of the Settlement Card - *** months. Thus, the Bank and the Borrower, by mutual agreement, entered into a new loan agreement (Agreement 2), which was assigned No.... Agreement 2 was concluded in an offer-acceptance form, in accordance with the provisions of Art. , and . In accordance with clause 5.5 of the Settlement Card Terms and Conditions, the Bank grants the Credit to the Client for performing SCA Transactions, which are not limited by the Settlement Card Terms, if there is a shortage or absence of own funds on the SCA to perform the Operations. Transactions mean non-cash payments (including payment for goods / services in trade / service organizations), receipt of cash at cash points and ATMs, depositing cash and crediting funds to SCA. In accordance with clause 5.10 of the Settlement Card Terms, the Client is obliged to repay the debt by paying the Minimum Repayment Amount during the Payment Period following the Settlement Period. In case of failure to pay the Minimum Repayment Amount within the established time limits or payment of an incomplete repayment amount, the Respondent will be charged a penalty for missing the payment of the Minimum Repayment Amount in accordance with the Tariffs. In accordance with clause 5.13 of the Settlement Card Terms and Conditions, if the Client has not repaid the debt to pay the Minimum Repayment Amount before the end of the Payment Period, an overdue debt arises, which consists of unpaid interest and included in the Minimum Repayment Amount and the principal debt included in the Minimum Repayment Amount . In violation of the Terms and Conditions of the Settlement Card and the provisions of the law, the Respondent does not undertake and continues to evade the fulfillment of the obligations assumed for the scheduled repayment of the current debt. The plaintiff, stating these claims, presents for collection the debt on the date. in the amount of *** rub. including: the amount of the principal debt in the amount of *** rubles; interest on the loan in the amount of *** RUB. Referring to Article.Article. - , - , Art. - , - asks to recover from ZHLS in favor of the National Bank "TRUST" (JSC) the debt under the loan agreement in the amount of *** rubles. *** cop., the cost of paying the state fee in the amount of *** RUB. *** cop.
08/06/2014 JLS filed a counterclaim, alleging that her rights as a consumer were violated, Trust bank misled her, since she was sent a card with a loan offer at ***% per annum. The bank's claims ***% per annum considers illegal and unreasonable. He asks to invalidate the condition on the interest for the use of ***% per annum, to oblige the bank to recalculate at *** per annum. To satisfy the bank's claim in part.
JSC NB "TRUST" clarified the claims, indicating that in the Application for a loan (page 4 p. Settlement Card, within the framework of which, in accordance with the Conditions for the Settlement Card, open a bank account/accounts (Settlement Card Account) and provide for use an international settlement Bank card/cards of NB Trust (OJSC) with a permitted overdraft limit (Settlement Card). In the information letter sent by the WFP with the Bank's card, where their card number and account number are indicated, as well as the interest rate - ***% per annum next to this rate is indicated - *, on the reverse side of the letter there are explanations - *For details, see the Tariff plan. Therefore, it is necessary to refer to the Tariffs and Conditions with which the Respondent was previously acquainted. As specified in clause 5 of the Tariffs, the interest rate that is effective if the client fails to meet the conditions of the current period of preferential lending is indeed equal to ***% per annum, but this rate is applied only if (clause 5.12.2. of the Terms) if within the period specified in the Statement as the end date of the grace period, the Client has not deposited on the Account an amount of funds sufficient to repay in full the amount of the Indebtedness specified in the Statement, then in relation to the amount of loans granted during the Grace Period, the Grace Period does not apply and interest on the amount of such Credits is calculated in accordance with the procedure established in clause 5.8. According to the calculation of the debt on the Client's credit card, it was found that the Client made a delay in payment and therefore the interest rate - ***% was not applied to this debt, and interest was accrued in accordance with clause 8 of the Tariffs - ***% per day -** *% per annum. The tariffs and conditions with which the Respondent was acquainted when signing the contract are attached to the claim. Requests to recover from ZHLS in favor of NB "TRUST" (JSC) the amount of debt in the amount of *** RUB. (***.), as well as the cost of paying the state fee in the amount of *** RUB.
At the hearing, the representative of the plaintiff did not appear, asked to consider the case in his absence, insisted on satisfying the claim.
The defendant ZhLS explained at the court session that she received the card and the money, paid the loan in installments, read the conditions and tariffs. She did not dispute the presence of debt up to the date of the year, explaining that she is currently repaying the loan in a timely manner. Claims recognized partially in terms of debt on the amount of principal in the amount of *** RUB. I do not agree with the amount of interest for using the loan, since the bank has overestimated the interest from *** to ***% per annum. She asked to satisfy the counterclaim, to satisfy the bank's claim in terms of the principal debt with ***%.
After listening to the JLS, examining the materials of the case, the court comes to the following.
Claims of NB "TRUST" (JSC) to ZhLS for the recovery of debt under the loan agreement - to satisfy.
Collect from ZHLS in favor of the National Bank "TRUST" (JSC) debt under the loan agreement in the amount of *** RUB. *** cop., the cost of paying the state fee in the amount of *** RUB. *** kop., and only *** rub. *** cop. (***).
To satisfy the claims of ZHLS against NB "TRUST" (OJSC) to invalidate the loan agreement in terms of setting interest - to refuse.
The decision can be appealed to the Samara Regional Court, through the Oktyabrsky District Court according to Article. within a month from the date of the final decision of the court.
Judicial practice on the application of the norms of Art. 334, 352 of the Civil Code of the Russian Federation