No fees, 0% interest: Bank fail as man scribbles his own terms on credit card contract

A MAN who decided to get his own back on a bank which sent him an unsolicited credit card in an ingenious way has had his first win in court. 

 
Dmitry Agarkov decided to write his own small print in a credit card contract and has had his changes upheld in court. He's now suing Russia's leading online bank for more than 24 million roubles ($A800,000) in compensation, RT.com reports.

Disappointed by the terms of the unsolicited offer for a credit card from Tinkoff Credit Systems in 2008, Mr Agarkov, 42, from the city of Voronezh, decided to hand write his own credit terms.

The trick was that Agarkov simply scanned the bank's document and "amended" the small print with his own terms, scribbled in his own handwriting.

He opted for a 0 per cent interest rate and no fees, adding that the customer "is not obliged to pay any fees and charges imposed by bank tariffs."

The bank didn't read "the amendments'', as it signed and certified the document, then sent him a credit card.

It took two years before the bank decided to terminate Mr Agarkov's credit card because of overdue payments.

In 2012, it sued him for 45,000 roubles ($A1500) - an amount that included the remaining balance, fees, and late payment charges, which violated the actual agreement.

The court decided that the agreement Agarkov crafted was valid, and required him to settle only his balance of 19,000 roubles ($A635).

"They signed the documents without looking. They said what usually their borrowers say in court: 'We have not read it,' his lawyer said.

Tinkoff founder Oleg Tinkov tweeted: "Our lawyers think, he is going to get not 24 million, but really four years in prison for fraud.''

The next hearing will be in September.

news.com.au 9 Aug 2013

Let's see how the 'law' handles this one.

Legally, Dmitry Algarkov is in the right, butthen again it's not always about who is right is it?