If it were not for the transfer of funds to find that the deposit was frozen, Zhang Zhongdi would not know that he was involved in an 800,000 yuan financial loan contract dispute.
On April 16, 2020, Zhang Zhongdi was determined by the Shijiazhuang Chang'an District Court as the guarantor to bear the joint liability for repayment and was included in the list of untrustworthy persons subject to enforcement.
She said that she did not know the loan guarantee at all, did not know the person being guaranteed, and did not go to the bank to sign the guarantee. How the other party obtained the copy of her ID card and bank account during the guarantee procedure is even more a mystery.
The Shijiazhuang branch of China Minsheng Bank Co., Ltd. (hereinafter referred to as "Minsheng Bank Shijiazhuang Branch"), the lender, believes that the "Maximum Guarantee Contract" signed by Zhang Zhongdi and the bank has complete guarantee procedures and proves that he voluntarily assumes joint guarantee responsibilities for the borrower.
In the first and second instance of the case, the court summoned the defendant Zhang Zhongdi for failing to appear in court, and deemed it a waiver of the litigation rights and sentenced him to bear joint and several liability for compensation.
After the incident, the judicial appraisal department verified the signature handwriting and fingerprints of the guarantor in the "Maximum Guarantee Contract" and concluded that the signature handwriting and fingerprints did not match Zhang Zhongdi.
The "false guarantee" involved in Zhang Zhongdi is not a case.
In the other two financial loan contract disputes of the Shijiazhuang branch of Minsheng Bank, there was also the phenomenon of "false guarantees".
The three guarantors were listed as dishonest persons by the court's judgment, and were removed from the blacklist after judicial identification of handwriting and fingerprints.
On August 13, the relevant person in charge of the Shijiazhuang branch of Minsheng Bank told the Beijing News reporter that the issue of how the guarantor's signature was passed through bank review and supervision is still under investigation.
Found involved in loan guarantee case after deposit freeze
Zhang Zhongdi, 34, from Lingshou County, Shijiazhuang, has been running for more than a year to no avail in order to lift the court's order to restrict high consumption.
On April 17, 2020, she went through a bank card transfer service at a bank in Lingshou County, and found that the original fixed deposit of several hundred thousand yuan was zero.
She said that she was blinded at the time, and she later came to the bank teller for inquiries, only to know that the account was frozen by the Shijiazhuang Chang'an District Court. For the specific reason, please contact the court.
Zhang Zhongdi explained his identity to the Shijiazhuang Chang'an District Court by phone and asked why his bank account was frozen.
After inquiring, the judge informed that in a loan dispute case involving the Shijiazhuang branch of Minsheng Bank, she was the guarantor of the loan and the bank sued her. If she wanted to unfreeze, she needed to explain the situation face to face.
Afterwards, Zhang Zhongdi saw the judge of the Executive Bureau of the Chang'an District Court. The judge said that if she was not the guarantor of the loan, the bank would need to issue an application for the release of the untrustworthy list.
The reception staff of the Shijiazhuang branch of Minsheng Bank told her that the handwriting identification must be done first, and if the guarantor's signature is not hers, the freeze will be lifted for her.
According to the China Judgment Document Net, the Shijiazhuang Chang’an District Court issued the “Civil Judgment of the First Instance for the Financial Loan Contract Dispute between the Minsheng Bank Shijiazhuang Branch and Li Chunfa”, which showed that in August 2014, Li Chunfa, the legal representative of the Chunfa Fungus Industry Cooperative in Lingshou County, was due to business week. Turn to Minsheng Bank Shijiazhuang branch to borrow 800,000 yuan.
The court found that Li Chunfa, Zhang Zhongdi and the Lingshou County Chunfa Fungus Industry Professional Cooperative have signed the "Mutual Repayment Agreement" and the "Maximum Guarantee Contract" with the bank, voluntarily assuming joint and several liability guarantees and repayment responsibilities for Li Chunfa's loans.
After the Shijiazhuang branch of Minsheng Bank released the loan, Li Chunfa and others failed to fulfill the obligation of repayment in accordance with the contract. Li Chunfa, the Lingshou County Chunfa Fungus Industry Professional Cooperative, and the loan guarantor Zhang Zhongdi were sued in court.
The judgment of the first instance showed that the defendant’s failure to appear in court was deemed a waiver of litigation rights, and Li Chunfa was judged to repay the principal and interest of the loan, and the Lingshou County Chunfa Fungus Industry Cooperative and Zhang Zhongdi were jointly liable for the repayment.
After the judgment of the first instance, the Shijiazhuang branch of Minsheng Bank appealed to the Shijiazhuang Intermediate Court, requesting that Li Chunfa’s wife be further liable for joint repayment, which was supported by the court of second instance.
In April 2020, the bank applied to the court for enforcement, and Zhang Zhongdi was listed as a dishonest person subject to enforcement and was restricted from high consumption.
The signature and fingerprint of the forensic guarantor are false
As of August 8, 2021, although Zhang Zhongdi's account has been unfrozen, she is still listed as a dishonest person to restrict high consumption.
She said that travel restrictions and children’s schooling are also affected. Children who were originally going to primary school in Lingshou County this year will be transferred to a private boarding school in Shijiazhuang, but the school has inquired about the parents’ information and informed that it refused because of the “high limit”. receive.
Zhang Zhongdi said that he had reported the case to the Lingshou County Public Security Bureau because his identity information was fraudulently used for loan guarantees. However, the police said that Li Chunfa, the key person in the case, had run away and suggested that she take a civil lawsuit to solve the problem.
After several rounds of communication with the bank and the court, Zhang Zhongdi learned that in order to cancel the loan guarantee, he must prove that the signature was not his own.
The Shijiazhuang branch of Minsheng Bank communicated with Zhang Zhongdi and reached an agreement that the bank should bear the appraisal fee, and the Tianjin Zhonghui Material Evidence Judicial Appraisal Institute in the list of judicial appraisal institutions of the court was selected, and the signature handwriting and fingerprints of the guarantor in the "Maximum Guarantee Contract" were checked.了identification.
Zhang Zhongdi said that the judicial appraisal opinion showed that the handwriting and fingerprints in the contract did not match her.
She immediately informed the Shijiazhuang Chang'an District Court of the appraisal conclusion, “The judge called the bank on the spot and said that this case was obviously a wrong case. hold on."
However, the bank has not been able to solve the problem for a long time. Because the case has gone through the first and second instance, Zhang Zhongdi submitted an application for retrial to the Higher People's Court of Hebei Province.
In December 2020, the "Civil Ruling on the Retrial Review and Trial Supervision of the Financial Loan Contract Dispute between Zhang Zhongdi and Minsheng Bank Shijiazhuang Branch" issued by the Higher People's Court of Hebei Province showed that Zhang Zhongdi issued a judicial authentication opinion to the court, certifying the signature and fingerprints in the contract It was not Zhang himself, and he asked the court to order the release of his guarantee.
The court found that Zhang Zhongdi’s forensic expert opinion was a unilateral application for entrustment, which did not meet the requirements of new evidence and could not be used as new evidence, so it ruled to reject the retrial application.
Although the court rejected Zhang Zhongdi's application for retrial, the initiation of the retrial procedure seemed to have brought a catalyst to his release of the guarantee.
On August 12, 2021, the Shijiazhuang branch of Minsheng Bank informed Zhang Zhongdi that it had submitted an application to the court to remove the untrustworthy list and let him wait for the result.
A reporter from the Beijing News investigated the case of Zhang Zhongdi's fake signature for loan guarantees. The Shijiazhuang branch of Minsheng Bank was not the case.
Chen Jiaqin, a tea business in Shijiazhuang, was suddenly restricted from high consumption and learned that he was involved in a 3 million yuan loan dispute. He and another person, Cai Hua, also acted as loan guarantors for Hebei Rongjin Trading Co., Ltd. , Was judged by the court to bear joint liability for repayment.
Chen Jiaqin and Cai Hua appealed against the judgment of the first instance. During the second instance, the court commissioned a judicial authentication agency to verify the authenticity of the signatures and fingerprints of "Cai Hua" and "Chen Jiaqin" in the two "Maximum Guarantee Contracts." The signature and fingerprints on the contract were not left by Chen Jiaqin and Cai Hua.
The court ruled that the two persons shall not bear joint and several liability for the loan and relieve the untrustworthy person subject to enforcement.
The court found that bank lending was negligent in review
The "Interim Measures for the Administration of Personal Loans" issued by the former China Banking Regulatory Commission in February 2010 clearly stipulated that banks should establish and strictly implement a loan interview system.
Where a bank needs to sign a written loan and guarantee contract with the borrower or guarantor, it shall be signed in person.
The guarantor guarantees the loan by way of guarantee, and the bank shall be completed by no less than two credit officers.
However, in actual operation, the loan review of the Shijiazhuang branch of Minsheng Bank did not comply with the regulations, which resulted in the impersonation of the loan guarantee being signed.
Chen Jiaqin was faked to guarantee the loan business. The person in charge was Hua Lei, the customer manager of the Zhonghua South Street Sub-branch of the Shijiazhuang Branch of China Minsheng Bank. He has now been transferred to the Huainan Road Sub-branch of the branch.
On August 15, a reporter from the Beijing News called Hua Lei to find out whether the guarantor had been interviewed to sign the contract during the processing of the above-mentioned loan business. All her responses were subject to judicial judgments. For specific issues, please consult the Shijiazhuang branch of Minsheng Bank.
Li Peixiao, a staff member of the Shijiazhuang branch office of Minsheng Bank, told the Beijing News that at present, the bank is investigating the reason for the impersonation of the loan guarantor, and there is no result for the time being.
The Shijiazhuang Qiaoxi District Court’s civil judgment on Chen Jiaqin’s retrial showed that the court held that when the bank signed a guarantee contract with the guarantor, it should review the authenticity of the guarantor’s guarantee. However, the bank’s negligence in the review resulted in the signatures of the two persons on the guarantee contract. The fingerprints were not signed or pressed by the two.
The bank shall bear the legal consequences.
On August 16, Chen Jiaqin and others told reporters of the Beijing News that they had filed for compensation to the bank for the losses caused by the infringement of the Shijiazhuang branch of Minsheng Bank.
(At the request of the interviewee, "Zhang Zhongdi" in the text is a pseudonym)
Beijing News reporter Li Yingqiang