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jakeXT

(10,575 posts)
Fri Aug 9, 2013, 04:27 AM Aug 2013

Guy does to bank what banks usually do to other people

The idea of beating the banks at their own game may seem like a rich joke, but Dmitry Agarkov, a 42-year-old Russian man, may have managed it. Unhappy with the terms of an unsolicited credit card offer he received from online bank Tinkoff Credit Systems, Agarkov scanned the document, wrote in his own terms and sent it through. The bank approved the contract without reading the amended fine print, unwittingly agreeing to a 0 percent interest rate, unlimited credit and no fees, as well as a stipulation that the bank pay steep fines for changing or canceling the contract.

Agarkov used the card for two years, but the bank ultimately canceled it and sued Agarkov for $1,363. The bank said he owed them charges, interest and late-payment fees. A court ruled that, because of the no-fee, no-interest stipulation Agarkov had written in, he owed only his unpaid $575 balance. Now Agarkov is suing the bank for $727,000 for not honoring the contract's terms, and the bank is hollering fraud. "They signed the documents without looking. They said what usually their borrowers say in court: 'We have not read it,'” Agarkov's lawyer said. The shoe's on the other foot now, eh?

http://now.msn.com/dmitry-agarkov-outwits-russian-bank-by-writing-own-credit-card-terms

70 replies = new reply since forum marked as read
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Guy does to bank what banks usually do to other people (Original Post) jakeXT Aug 2013 OP
Funny story if nothing else. JDPriestly Aug 2013 #1
Good for him! LeftofObama Aug 2013 #2
Hopefully the publicity dipsydoodle Aug 2013 #3
kr. HiPointDem Aug 2013 #4
Delish! DeSwiss Aug 2013 #5
I hope not! chervilant Aug 2013 #13
LOVE this kind of irony! And it, too, fortifies the blood! calimary Aug 2013 #27
That is why I use cast irony skillets. nt awoke_in_2003 Aug 2013 #55
ROFL! calimary Aug 2013 #61
Sweet! Nt xchrom Aug 2013 #6
+1. blkmusclmachine Aug 2013 #7
OMFG how clever! I'm going to dedicate my life for the next couple of days promoting this. K&R. Egalitarian Thug Aug 2013 #8
That magnificent bastard. Oakenshield Aug 2013 #9
fuck would that not be awesome if he does? Volaris Aug 2013 #11
But then you can alter those terms. tclambert Aug 2013 #14
Solipsistic Argument? BlueManFan Aug 2013 #49
Thanks. Except that wasn't the word I meant. Blast it. tclambert Aug 2013 #56
Certainly Points for Sophistry But Solipsism (istic) Is A Triple Word Score..... BlueManFan Aug 2013 #63
If you think so "highly" of your students, why do you bother to teach? B Stieg Aug 2013 #60
What A Ridiculous Statement. Your Reply Proves The Exception To My Compliment About du Readers BlueManFan Aug 2013 #64
You do show excellent restraint in terms of anger. And manage to stay away from ad hominem! B Stieg Aug 2013 #68
Just re-watched the movie "Perfect Score" about stealing the SAT answers. tclambert Aug 2013 #69
Actually that wouldn't work. Stonepounder Aug 2013 #41
not nearly enough ...... dothemath Aug 2013 #31
The figure isn't arbitrary caraher Aug 2013 #40
I love it!!! B Calm Aug 2013 #10
Ha! PotatoChip Aug 2013 #12
Good for him! nt msanthrope Aug 2013 #15
Delish malaise Aug 2013 #16
If they don't pay up CJCRANE Aug 2013 #17
Haha! My new hero! City Lights Aug 2013 #18
Russian man, Russian bank, this ain't America. Rebellious Republican Aug 2013 #19
plus, if it was ............... dothemath Aug 2013 #32
I clicked on this thread to suggest he wear a condom. OnyxCollie Aug 2013 #20
What I want to know is... Lancero Aug 2013 #58
Dude!!! ...Awesome burn! L0oniX Aug 2013 #21
Good for him... ljm2002 Aug 2013 #22
Fun! Kicked and Recommended! nt Enthusiast Aug 2013 #23
.. Egalitarian Thug Aug 2013 #24
I like it! malthaussen Aug 2013 #25
I hope he gets every penny the terms say he deserves. AndyA Aug 2013 #26
I hope he gets every dime! CrispyQ Aug 2013 #28
This is the kind of instability we do not like...President Dimon/Obama Safetykitten Aug 2013 #29
Delicious. Turbineguy Aug 2013 #30
I just love a happy and feel good story like this! Amimnoch Aug 2013 #33
That is brilliant krispos42 Aug 2013 #34
Ha! Love it. K&R closeupready Aug 2013 #35
So now Tinkoff Credit Systems is Ticked-off Credit Systems. benld74 Aug 2013 #36
K&R meow2u3 Aug 2013 #37
Hilarious blackspade Aug 2013 #38
Oh SNAP. Oh please let him win. n/t Butterbean Aug 2013 #39
Bravo Blaspherian Aug 2013 #42
I guess I can take it for granted people are pissed at the banks. ConcernedCanuk Aug 2013 #43
What? I'm shocked! Saviolo Aug 2013 #44
A great way to fight banks & all corporations TheTruthBeKnown Aug 2013 #45
K & R !!! WillyT Aug 2013 #46
DURec leftstreet Aug 2013 #47
Nice, but the only person that will be punished by this is low-level employee that signed it. n/t Dawgs Aug 2013 #48
I'm taking out a loan next week...I should try that. Auntie Bush Aug 2013 #50
This is great GoldenMezzoDiva Aug 2013 #51
Man bites dog. caseymoz Aug 2013 #52
I guess I need to save Jakes Progress Aug 2013 #53
Breach of contract,pure and simple,now lets get to the punitive stage! Rain Mcloud Aug 2013 #54
I give it a month... Lancero Aug 2013 #57
I cannot wait to try this. 4dsc Aug 2013 #59
wonderful Liberal_in_LA Aug 2013 #62
K & R Scurrilous Aug 2013 #65
Outstanding! Flatulo Aug 2013 #66
I did that to a company selling timeshares in condos TrogL Aug 2013 #67
In Russia, fine print benefits YOU. KurtNYC Aug 2013 #70

dipsydoodle

(42,239 posts)
3. Hopefully the publicity
Fri Aug 9, 2013, 05:10 AM
Aug 2013

on this won't alert other banks from being mugged off as they deserve.

I'll class this as today's good news story.

Oakenshield

(614 posts)
9. That magnificent bastard.
Fri Aug 9, 2013, 05:59 AM
Aug 2013

This guy needs a place in some hall of fame for pulling this stunt. And then to sue the bank for 700 thousand?! I can't stop chuckling. Definitely hope he wins.

Volaris

(10,269 posts)
11. fuck would that not be awesome if he does?
Fri Aug 9, 2013, 06:27 AM
Aug 2013

but you KNOW that even if he doesn't, every bank contract will now have in big, bold lettering a clause that says altering the terms of the agreement in this manner will not be honored by the aforementioned bank, even IF some fool middle-manager agrees to whatever you write-in.

tclambert

(11,085 posts)
14. But then you can alter those terms.
Fri Aug 9, 2013, 07:04 AM
Aug 2013

The power belongs to whoever writes the contract.

Well, the legal establishment will no doubt find some solipsistic argument to let the banks off the hook. Because the power really belongs to those with the money.

BlueManFan

(256 posts)
49. Solipsistic Argument?
Fri Aug 9, 2013, 05:18 PM
Aug 2013

I know democratic underground readers are smarter than your average bear and light years smarter than freepers and faux news viewers, but I think that is the first time I have seem solipsism used in a post. It takes me 20 minutes, in a graduate class, to explain to today's educationally challenged students the concept of solipsism. Good on ya!!!!!!!!!!

tclambert

(11,085 posts)
56. Thanks. Except that wasn't the word I meant. Blast it.
Fri Aug 9, 2013, 09:09 PM
Aug 2013

I must have been half asleep and pulled a fancy soundin' word outta my ass.

Actually, I think I meant to say sophistical argument. Would I get any points for bringing sophistry into it? That's more the meaning I had in mind. I don't know that solipsism would sway a judge in a court of law. But it sounded good in my head early in the morning.

BlueManFan

(256 posts)
64. What A Ridiculous Statement. Your Reply Proves The Exception To My Compliment About du Readers
Sat Aug 10, 2013, 01:24 AM
Aug 2013

I don't know what orifice you pulled "think so "highly" of your students but put it back-- it doesn't make a bit of sense. If you have any exposure to students at virtually any educational level you would realize that social promotions, standardized testing, and trophies for "Endeavoring to Persevere" have created students who embody solipsism--they think it so, therefore it is so. I teach because I enjoy the challenge these students present. The old me would have strung together a slew of profanities but I am endeavoring to persevere at not using profanity....even to you!

B Stieg

(2,410 posts)
68. You do show excellent restraint in terms of anger. And manage to stay away from ad hominem!
Sun Aug 11, 2013, 02:38 PM
Aug 2013

Nonetheless, I would again suggest that you look in the mirror, especially if this is the way you respond to "today's educationally challenged students" or, what you seem to assume in my case, "the ignorant."

I've worked with students at every level from 7th grade to post-docs in both public and private settings over the past thirty years and am currently teaching at one of the most diverse state university campuses in the nation. And yes, I have graded AP's, taught SAT prep courses and worked on standardized testing reform with New York State legislators (through NYACAC) and as a director of college counseling and all the rest (not sure how you equate "social promotions" with standardized testing). But I really don't think that this is about a credentials pissing contest.

Instead, I'm still curious as to what's different about the challenge you think today's student presents and which you are, apparently, in the business of fixing. Since "The Cave" teachers have been moving to dispel ignorance (as fraught as is Socratic method) in response to a spectrum of subjectivity. You imply community, yet the sense your rhetoric gives is that this community merely forms in agreement with your perspective. I fail to see how a pedagogy of "us and them" is anything but a performative re-inscription of that which you claim to abhor.

Your passion is admirable; your adherence to binaries, disturbing. So, I'd watch my fucking mouth if I were you: your students aren't quite as oblivious as you seem to think.

tclambert

(11,085 posts)
69. Just re-watched the movie "Perfect Score" about stealing the SAT answers.
Sun Aug 11, 2013, 05:56 PM
Aug 2013

One kid's mom talked about teaching her six-year-old students to "bubble in." He said, "Mom, they can't read yet." "It's never too early to start teaching them essential skills."

I think that's what he meant by "today's students," the ones taught how to take standardized tests so their schools look good instead of, you know, learning stuff.

(Two future Avengers, Captain America and Black Widow, starred in that movie. Scarlett Jo even got to kick some guys around just like Black Widow would six years later.)

Stonepounder

(4,033 posts)
41. Actually that wouldn't work.
Fri Aug 9, 2013, 02:43 PM
Aug 2013

This happened in Russia, not the USA. In the USA, the bank sends you an offer. The offer contains their terms and conditions. If you sign the offer and send it back, you have accepted the offer. If, on the other hand, you change their terms, you have rejected their offer and offered a counter offer. This can go on and on until either both parties agree to the terms, or one of the parties simply rejects the latest offer and does not counter.

The original offer can say 'no alterations to this contract allowed'. You strike out that clause put in your own modifications. You have rejected the original offer with the 'no alterations'' clause and made a counter. If a representative of the bank who is authorized to grant you credit then does so, chances are that a court would rule that the bank had accepted your counter offer and were bound by the offer they had accepted.

However, IANAL, and the above is based on the Business Law courses I took in college and the fact that my wife worked for several years as a contract negotiator for an international semiconductor company in Silicon Valley.

caraher

(6,278 posts)
40. The figure isn't arbitrary
Fri Aug 9, 2013, 02:24 PM
Aug 2013

His contract included a fee for every change the bank makes to the contract, and the fees add to the $700k or so!

 

Rebellious Republican

(5,029 posts)
19. Russian man, Russian bank, this ain't America.
Fri Aug 9, 2013, 09:56 AM
Aug 2013

This would and will never happen here in the good ole US of A. The big banks are to well protected.

 

dothemath

(345 posts)
32. plus, if it was ...............
Fri Aug 9, 2013, 12:47 PM
Aug 2013

an American bank, they would borrow the money from the Federal Reserve at 0% interest and go merrily along their way. Should a default actually occur, American taxpayers would throw money at the bank and the bank would still go merrily along. It's the law - taxpayers have to pay for all bank b***s***. Is this a great country or what?

ljm2002

(10,751 posts)
22. Good for him...
Fri Aug 9, 2013, 10:50 AM
Aug 2013

...and it certainly illustrates how one-sided these contracts have become.

I hope it gets lots of publicity and lots more people start doing this. After all, the bank ought to read something before they sign it, eh?

AndyA

(16,993 posts)
26. I hope he gets every penny the terms say he deserves.
Fri Aug 9, 2013, 11:52 AM
Aug 2013

Big corporations abuse customers these days. They don't care about service, laws, or anything else it seems.

My phone number is on the Do Not Call Registry, yet I get calls every day from companies I have no relationship with, and have not asked for information from. I ask, "Why are you calling me? This number is on the Do Not Call List, I have no relationship with you, and you're breaking the law by soliciting me."

Click.

Rude MFers. I think they should be fined $100 per call, payable to the person they called. Let them prove they weren't breaking the law. I'm tired of interruptions during my days and evenings.

CrispyQ

(36,452 posts)
28. I hope he gets every dime!
Fri Aug 9, 2013, 12:30 PM
Aug 2013

I hope people start doing this & the banks have to hire people to read all the fine print carefully.

 

ConcernedCanuk

(13,509 posts)
43. I guess I can take it for granted people are pissed at the banks.
Fri Aug 9, 2013, 02:55 PM
Aug 2013

.
.
.

This thread has more recommendations than a Cat Lover's thread in the Lounge!

Hard to beat that!



CC

Saviolo

(3,280 posts)
44. What? I'm shocked!
Fri Aug 9, 2013, 03:14 PM
Aug 2013

This far into the discussion and no one has done a "What a country! In Soviet Russia..." joke?

Just not acceptable, people. Yakov Smirnov would be ashamed!

 

TheTruthBeKnown

(72 posts)
45. A great way to fight banks & all corporations
Fri Aug 9, 2013, 03:34 PM
Aug 2013

A great way to change the current corrupt system is to force government to pass a PROPORTIONAL PUNISHMENTS law that would base punishments dependent upon the total wealth of corporations and the wealthy. We need the below petition to spread like wildfires through all levels of power. The petition is a tool we the people can use to force elected officials to stop the status quo of corruption.

THE PETITION:
http://petitions.moveon.org/sign/proportional-punishment


 

Dawgs

(14,755 posts)
48. Nice, but the only person that will be punished by this is low-level employee that signed it. n/t
Fri Aug 9, 2013, 03:53 PM
Aug 2013

Jakes Progress

(11,122 posts)
53. I guess I need to save
Fri Aug 9, 2013, 06:40 PM
Aug 2013

all that BOA and Chase and Wells Fargo crap I've been throwing away and get out my scanner.

TrogL

(32,822 posts)
67. I did that to a company selling timeshares in condos
Sun Aug 11, 2013, 10:41 AM
Aug 2013

People got fired. I didn't have to pay a dime. Didn't make any money but they were making a stink about the blackout clause until they saw what I'd done to the rest of the contract

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