Posted on 11/30/2013 5:29:09 PM PST by ReaganÜberAlles
When Dmitry Argarkov was sent a letter offering him a credit card, he found the rates not to his liking. But he didn't throw the contract away or shred it. Instead, the 42-year-old from Voronezh, Russia, scanned it into his computer, altered the terms and sent it back to Tinkoff Credit Systems.
(Excerpt) Read more at telegraph.co.uk ...
In my experience, any alteration to the T&Cs of a contract must be communicated separately in writing to the other party. Simply crossing out or adding your own T&Cs on a standard agreement and sending it back will probably not fly in a U.S. court of law. Interesting to see how it plays abroad. Still, it’s a nice “David vs Goliath” story.
maybe some possibilities in all this, however, for how we deal with Obamacare?
you know, the Obama ideology of overloading the system to destroy it?
maybe everyone could send back his or her own desired terms to any Obamacare communications from WashDC, and request they respond and negotiate before we proceed any further with their opening proposal or bids?
Not legal? A Russian judge disagrees:
“Earlier this week a Russian judge ruled in Mr Argakov’s favour.
Tinkoff had signed the contract and was legally bound to it.”
You may have something there. After all we know they don’t read the bill or the contract.
yes.
indeed.
and,
our whole argument is that the government should not attempt to force us into contracts or terms of insurance that we do not want
(and that it is the citizen that is sovereign, not WashDC)
so, why not propose back the terms we each do want, when we get their letters in the mail?
a little negotiation, as if we still had a free market?
Their judges do not understand contract law then. No officer of the bank signed it and mailed a copy back.
“Not legal I fear.”
Why would it behoove “us” to read the small print, but not them...
It would be funny if the judge told the credit card
company that “they should have read the contract”.
On the other hand if the contract he sent back had their
identification or corporate logo or was an altered duplicate
of the original presentation, wouldn’t that be forgery?
Somebody signed it.
As the judge said, “Tinkoff had signed the contract and was legally bound to it.”
Maybe he's lazy, poor or just amazingly annoyed with the banks. (I understand the last one.)
Comment from Mr. Argarkov’s lawyer.
“They signed the documents without looking. They said what usually their borrowers say in court: ‘We have not read it’,” said Mr Mikhalevich.
“The Bank confirmed its agreement to the client’s terms and sent him a credit card and a copy of the approved application form,” his lawyer Dmitry Mikhalevich told Kommersant. “The opened credit line was unlimited. He could afford to buy an island somewhere in Malaysia, and the bank would have to pay for it by law.”
Interesting scam. All these companies rely upon their intended recipients not to read the contract. This guy turned it around on them.
if he added that he personally got 0% and no monthly payments..
well, he’d be Obama!
He sent them a counter-offer, which they accepted. The dumbasses didn’t read the fine print, as we are all advised to do. I think he should have a case
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.