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Originally posted by CookieMonster09
To continue calling him a criminal while being unable to cite the law that was violated is even more ridiculous.
Credit card fraud.
Credit card fraud is a wide-ranging term for theft and fraud committed using a credit card or any similar payment mechanism as a fraudulent source of funds in a transaction.
At least in the U.S., it's a one way contract. There is no "negotiation" of terms. The credit card company says, "These are our terms." The borrower either agrees, or doesn't get the credit card. The borrower can't doctor the contract under false pretenses.
In this case, he took the existing contract, scanned it into his computer, then doctored the contract. It's pretty clear cut that this doctoring of the contract was an act of deception, and not an ongoing "negotiation" between two parties.edit on 13-8-2013 by CookieMonster09 because: (no reason given)
I will take that to mean that you don't know a valid answer.
Like I mentioned, a vendor sent me a .pdf contract that was not the terms we had agreed to, and was full of typo's.
What this gentleman did is not defined as "credit card fraud" under any legal authority I am aware of. I am asking you to provide evdience to the contrary.
"Credit card fraud" is not a law.
Contracts with absurd demands can be pleaded as being unlawful despite of having been signed.
There's no such thing as a one-way contract, it's ALWAYS a two-party (or more) contract.
I'm not a lawyer or an expert in this field, but that's basically what I know about the law and it may not necessarily reflect the craziness that's happening with big banks.
Man Who 'Hijacked' Bank's Fine Print to Flee Russia 12 August 2013 |
Issue 5188 RIA Novosti
A man who tricked a bank into signing a credit deal under his conditions, buried in the fine print, said he would leave the country after receiving what he called threats from the bank’s owner. Dmitry Agarkov, who lives in the city of Voronezh in southern Russia, pulled his trick in 2008, when he received a credit card from the Tinkoff Credit Systems bank, media reported this week. The procedure required Agarkov to fill in an electronic application form and send it to the bank, which was then to print it out and sign and stamp the document, sealing the deal. What Agarkov did was send back a tweaked form with his own fine print, he told RIA Voronezh news agency. The new deal removed all commissions and put the annual interest rate at zero percent instead of 45 percent in the bank’s original offer, the report said. It also set up huge fines in case the bank canceled or violated the deal. Agarkov told Slon.ru news website on Friday that he never expected the deal to go through, but six months later, he actually received a card issued under his conditions, apparently because bank clerks did not read the fine print in the application they received from him.
The bank annulled the card over missed payments in 2010 and later sued him for 45,000 rubles ($1,400) but was hit back with a 24-million-ruble ($730,000) claim based on Agarkov’s version of the agreement. After the story first made headlines earlier this week, the bank’s outspoken owner, Oleg Tinkov – who made a Forbes list of most eccentric Russian businessmen in 2011 – said on Twitter that Agarkov “will get four years for fraud, not 24 million.” “I’m out of the Russian Federation starting today,” Agarkov, a sales manager in a firm selling construction pipes, told Slon.ru, commenting on Tinkov’s statement. He added that Tinkov specifying an exact jail term could imply the banker used his connections to ensure a guilty verdict for the client. Read more: www.themoscowtimes.com... The Moscow Times
Originally posted by White Locust
Funny and all, but I hope he has money for lawyers if he expects a fight.
People talk about getting a patent to protect intellectual property, but it is very expensive to enforce a patent! I do give this guy credit for creativity but the bank will win unless this guy has money to burn.
It wasn't doctored, it was modified.
Seems Like Dimitri is running for his life since he might get prison or simply right out get killed. The man will never see his money and the system wins again.
Originally posted by defcon5
If you tried this in the US, you'd end up in prison for fraud.
Forging, counterfeiting, or altering a credit application is seriously illegal, and you'll do some hard prison time for it.
Originally posted by CookieMonster09
I believe you are quite mistaken... all contracts are negotiable. but don't take my word for it...
Are you licensed to practice law in Russia?
Since we are talking legalese, there is no "consideration" for the credit card company to issue a credit card at 0% interest. There has to be something of value for the credit card company to enter into the contract for the contract to be valid. In this case, there was no benefit for the credit card company. Hence, the contract is invalid.