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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsGuy 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
JDPriestly
(57,936 posts)LeftofObama
(4,243 posts)I hope he gets every penny he's asking for!
dipsydoodle
(42,239 posts)on this won't alert other banks from being mugged off as they deserve.
I'll class this as today's good news story.
DeSwiss
(27,137 posts)chervilant
(8,267 posts)Irony is quite delish -- and increasingly available, too!
calimary
(81,198 posts)I LOVE this story! Happy to K&R!
awoke_in_2003
(34,582 posts)calimary
(81,198 posts)xchrom
(108,903 posts)blkmusclmachine
(16,149 posts)Egalitarian Thug
(12,448 posts)Oakenshield
(614 posts)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)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)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)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)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)B Stieg
(2,410 posts)Just slumming?
BlueManFan
(256 posts)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)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)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)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.
dothemath
(345 posts)He should sue for $700 billion and let the jury decide.
caraher
(6,278 posts)His contract included a fee for every change the bank makes to the contract, and the fees add to the $700k or so!
B Calm
(28,762 posts)Love this story!
msanthrope
(37,549 posts)malaise
(268,903 posts)CJCRANE
(18,184 posts)he can then repossess the banK.
City Lights
(25,171 posts)Way to go, Dmitry!
Rebellious Republican
(5,029 posts)This would and will never happen here in the good ole US of A. The big banks are to well protected.
dothemath
(345 posts)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?
OnyxCollie
(9,958 posts)Never mind.
Lancero
(3,003 posts)Did he use lube, or go in dry?
L0oniX
(31,493 posts)ljm2002
(10,751 posts)...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?
Enthusiast
(50,983 posts)Egalitarian Thug
(12,448 posts)malthaussen
(17,184 posts)I hope it's true.
-- Mal
AndyA
(16,993 posts)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)I hope people start doing this & the banks have to hire people to read all the fine print carefully.
Safetykitten
(5,162 posts)Turbineguy
(37,315 posts)Amimnoch
(4,558 posts)What a wonderful way to get back!
krispos42
(49,445 posts)May this go viral, and may it happen more and more often.
closeupready
(29,503 posts)benld74
(9,904 posts)blackspade
(10,056 posts)Butterbean
(1,014 posts)ConcernedCanuk
(13,509 posts).
.
.
This thread has more recommendations than a Cat Lover's thread in the Lounge!
Hard to beat that!
CC
Saviolo
(3,280 posts)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)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
WillyT
(72,631 posts)leftstreet
(36,103 posts)Dawgs
(14,755 posts)Auntie Bush
(17,528 posts)GoldenMezzoDiva
(79 posts)Jolly good show!
caseymoz
(5,763 posts)Or man bites T-Rex and gets away with it.
Jakes Progress
(11,122 posts)all that BOA and Chase and Wells Fargo crap I've been throwing away and get out my scanner.
Rain Mcloud
(812 posts)Lancero
(3,003 posts)Before he dies a mysterious death.
Aka - Gets whacked by the Russian Mafia.
4dsc
(5,787 posts)This is going to be fun.
Liberal_in_LA
(44,397 posts)Scurrilous
(38,687 posts)Flatulo
(5,005 posts)TrogL
(32,822 posts)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