Chinanews client, Beijing, October 23 (Reporter Zhang Ni) Ultra-high yield, buy money to get rice noodle oil, "investment" projects introduced by acquaintances... Have the elderly around you encountered the temptation of similar financial products?
On the eve of the Double Ninth Festival, a news bulletin on "investment and financial management" disputes involving the elderly showed that the number of civil and commercial cases involving the elderly in investment and financial management has been increasing in recent years.
In order to increase their income, many elderly people used relevant personnel or advertisements to "lobby" and put a lot of savings into blind investment, which eventually caused disputes.
Data map (not relevant to the image and text) Photo by China News Agency reporter Yang Bo
Super high income, introductions from acquaintances... Parents are easily tempted by these!
According to data, from 2017 to 2019, the Beijing Second Intermediate Court heard a total of 195 investment and wealth management civil and commercial cases for senior citizens over 60 years old, including 58 in 2017, 67 in 2018, and 70 in 2019. The number of cases continues to increase. .
Among the above cases, there were 128 private lending disputes, accounting for 65.7% of all cases; 32 entrusted contract disputes, accounting for 16.4% of all cases; 26 guarantee contract disputes, accounting for 13.3% of all cases; others There are 9 cases in total, such as disputes over entrusted financing contracts and trust disputes, accounting for 4.6% of all cases.
It is worth noting that the cases in recent years have shown several obvious characteristics.
First of all, almost all investment and financial management cases involve the elderly’s years of savings, demolition funds, or real estate under their names, ranging from several hundred thousand yuan to as much as tens of millions of yuan.
For example, some elderly people have invested their savings or demolition funds for many years in a lump sum or in batches to an investment and wealth management company for financial management. Some elderly people "lend" the real estate certificate to others and cooperate with the mortgage and even transfer procedures in order to Earn so-called "interest".
Unlike civil and commercial disputes, where the interest rate generally does not exceed 24%, in more than 60% of the above cases, the "financial management" promises an annual return rate of more than 24%, and some even exceed 50%, and often in the early stage, "financial management" "Party" was able to pay high interest on schedule in accordance with the contract, but after a period of time or after the elderly had added the principal, the repayment did not occur on schedule, triggering disputes involving litigation.
The data also shows that "investment and financial management" disputes involving the elderly are mostly related to the introduction of "acquaintances".
According to the court, in the case, some elderly people were introduced by neighbors to sign investment and financial management contracts with "investment and financial management" companies or were matched to sign "borrowing" contracts with other people; some elderly people could not withstand the temptation of good friends and follow suit. "Investment" projects; some elderly people have signed investment and financial management contracts because of their emotions after the "small favors" of wealth management company personnel have repeatedly sent rice, noodles and oil; some elderly people have received high "dividends" in the early stage, Actively solicit relatives and friends to earn "commission fees", etc.
In addition, cases often have other related cases, such as "financial management" or "borrower" often have other similar cases, and the elderly involved in the case often have similar cases with other "financial management" or "borrowers", even due to introductions. Other elderly people are involved in investment and financial management and disputes arise.
Among them, some cases also involve criminal offences or are at the stage of criminal investigation.
Data map: In Tianjin Water Park, a hundred old people taste the same tea.
(Image and text irrelevant) Photo by China News Agency reporter Zhang Daozheng
Don't blindly "start" financial management for the elderly! Keep documentary evidence as much as possible
With the intensification of aging and the growing size of the elderly, the financial needs of the elderly are also increasing.
According to the analysis of the Beijing Second Intermediate Court, most of the elderly who are caught in investment and wealth management disputes lack financial investment knowledge and trust the recommendations of wealth management company salespersons or acquaintances. They choose wealth management investment only based on experience and cannot discern one-sided exaggeration in the promotion information , Thus ignoring financial risks, and even on the impulse to choose some high-interest products that obviously violate economic laws and violate the red line of the law.
In addition, some elderly people value the form of the contract but despise the content of the contract.
For example, some elderly people have unclear understanding of the nature of the contract as an investment, a loan, or a transfer of creditor's rights, which led to the loss of the case.
There are also some elderly people who are weak in keeping evidence. For example, some elderly people advocate cash delivery but fail to submit the corresponding evidence and the other party does not approve it, resulting in partial loan amount not being supported, etc.
The court reminded that high returns are accompanied by high risks, and it is psychologically difficult for the elderly to withstand major investment losses, so they must be cautious when investing in financial management.
One is not to easily believe in high-yield promises, the second is not to blindly follow the trend of investment, and the third is to understand financial products.
At the same time, in order to avoid disputes in time and space, we must pay attention to retaining evidence.
The first is to keep written evidence as much as possible. For example, if the other party issues an IOU or "financial management contract", if there is an expectation of interest and repayment period, it should also be clear.
Second, payment should be made as far as possible to use transfer methods to avoid cash delivery in order to keep the voucher.
The retention of relevant evidence helps to further corroborate the nature of the legal relationship.
The third is to claim rights in a timely manner. In the event of a breach of contract or the "financial management party" may have overdue breach of contract, they must claim rights in a timely manner to avoid exceeding the statute of limitations.
In addition, the court also emphasized that the elderly should not blindly "start" when investing in financial management. If necessary, they should learn more about the specific situation of relevant "financial management products" with the help of their children, or seek help from professional institutions and personnel to prevent risks.
At the same time, as children, they should also go home often after work, listen more, accompany the elderly more, meet the emotional needs of the elderly, so that they can enjoy their old age and manage their money safely.
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