Stay away from those "pits" of loan black intermediaries
□ Our reporter Huang Hui
□ Our correspondent Tao Ran
"No mortgage, no guarantee, regular company, same-day loan", "internal personnel, special channels, low-interest loans", "white credit investigation, free processing, unconditional loan"... Once upon a time, all kinds of fancy solicitation advertisements of loan black intermediaries did not know Feelings are constantly flooded into people's lives by means of telephone calls, advertisements, and online communication.
These solicitation advertisements take advantage of people's mentality of wanting low interest rates and urgently needing loans. Under the guise of attracting attention, they spread attractive promises, set up various loan scams, and carefully prepared one "pit" after another. Enter the "pit" and be deceived.
Black loan intermediaries not only disrupt the credit order and hinder the normal development of the industry, but also increase financing costs and infringe on the legitimate rights and interests of borrowers.
You didn't discuss the "pit" of the intermediary
Recently, the No. 2 Financial Court of Nanchang City, Jiangxi Province heard a case of dispute over a financial loan contract. He Mou, a 60-year-old man, borrowed 44,800 yuan from the bank, and spent 11,620 yuan in intermediary fees before and after receiving the loan after listening to the solicitation advertisement. The loan principal of 44,800 yuan and interest and other expenses were fully repaid.
In July 2019, He received a call from the intermediary company and learned that after paying a certain percentage of the loan intermediary fee, he could help with the bank loan, and said that the loan could go through the "green channel" to ensure 100% successful loan.
Because He lacked funds to play mahjong, and was older and did not have a strong sense of risk, he agreed to the intermediary to help him go through the loan procedures.
After that, under the instructions of the intermediary, He and a bank signed the "Personal Online Consumer Loan Loan Contract", which stipulated that the loan amount is 44,800 yuan, the loan is for household appliances, the loan term is one year, and the loan interest rate is 1.68%, monthly Interest payment due and interest paid with the principal.
After the loan was issued, the intermediary helped He get a bank card, and swiped the card to spend 9,828 yuan, informing He that the amount was a one-time interest charged by the bank.
He, who was in a hurry to get a loan and played mahjong, didn't care, and paid an additional loan intermediary fee of 1,792 yuan through WeChat according to the ratio of 4% of the loan amount agreed by both parties.
So far, He has borrowed 44,800 yuan, spent 11,620 yuan in intermediary fees, and actually received 33,180 yuan.
Later, He failed to repay the bank loan on time, and the bank sued the court, requiring He to pay all the principal and interest of the loan and bear the litigation costs of the case.
The court held that the "Personal Online Consumer Loan Loan Contract" signed by a bank and He was the true expression of the parties' true intentions, did not violate the relevant provisions of laws and regulations, and the contract was true and valid, and was confirmed.
A bank issued a loan to He according to the contract and fulfilled the payment obligation stipulated in the contract.
He Mou failed to return the principal and interest of the loan on time as agreed in the contract, which constituted a breach of contract and should be liable for breach of contract.
Regarding He's defense of 33,180 yuan, first, because He voluntarily handed over the bank card to the intermediary for consumption of 9,828 yuan and WeChat to pay 1,792 yuan, the bank was not at fault; second, according to the relativity of the contract, He and the loan The intermediary contract legal relationship formed between the intermediaries and the financial loan contract relationship in this case belong to two different legal relationships.
Therefore, the loan intermediary fee is not within the scope of the trial of this case, but He can collect evidence and claim to the intermediary separately.
Accordingly, the court made the above judgment in accordance with the law.
After the verdict, He Mou regretted and repeatedly said that he should not lend money to the bank at will for playing mahjong, and he should not listen to the intermediary's bluffing, and said that he would actively ask the intermediary for a refund through legal channels.
Loan intermediary routines
"There are indeed some expenses incurred during the loan process, such as insurance fees, agency fees, license fees, hospitality fees, etc., so it is legal for some loan intermediary companies to charge intermediary fees." According to the attorney, there are many kinds of loan market. "Black intermediaries" and "illegal intermediaries" are often full of routines, digging "holes" everywhere. They are no longer satisfied with charging high intermediary fees, but deceive borrowers under the pretense of attracting attention, wandering in gray areas, and even some The loan intermediary has developed into an underworld force that seriously endangers the society.
According to the investigation of the "Rules of Law Daily" reporter, there are mainly four kinds of routines of these "black intermediaries".
There is a relationship within the bank.
"Black intermediaries" often claim that they have acquaintances within financial institutions, and they can go through the "green channel" and pay a certain amount of intermediary service fees to lend easily.
In fact, formal financial institutions have strict loan review processes, which cannot be controlled by internal personnel. Borrowers who do not distinguish between true and false and believe it to be true will only be deceived by high service fees in vain.
Can whitewash credit.
The "black intermediary" lied that after paying a certain fee, the credit information can be washed, which seems to open up another "window" for some borrowers with bad credit information, but it is just a beautiful lie woven by the black intermediary.
In fact, apart from the automatic update of the system to eliminate the taint of personal credit information 5 years after the problem is solved, there is no human intervention.
When a user finds a bad credit record, it is the correct way to actively deal with it and maintain a good credit record.
Fake "packaged" loans.
"Black intermediaries" use various illegal means to so-called packaging and enhancement of the customer's own credit, so as to lend to banks and other financial institutions, and then earn the difference.
In the end, the customer received only part of the payment, but owed a huge loan to the bank.
Even if a few people succeed through packaging loans, it will not change the nature of fraudulent loans.
Once found out, not only will they be blacklisted by banks and their loans will be recovered, but they may also violate the criminal law together with loan intermediaries.
false promises.
Some promise to charge intermediary fees and packaging fees in advance, and directly block and run away after receiving the money.
Some "black intermediaries" promise to lend to regular banks, but they are actually high-interest online loans. The victim pays intermediary fees and also bears high interest.
In fact, formal financial institutions do not charge fees in various names before lending.
Be vigilant keep your eyes open
"Borrowers have weak legal awareness and are often unable to provide collateral, guarantors, or have problems with their own creditworthiness and cannot make normal loans. In addition, they have poor awareness of risk prevention, and their credit concept is relatively weak. It is easy to believe the empty check promised by the loan intermediary." The official told reporters that in the past three years, the No. 2 Financial Court of Nanchang City has had an average of more than ten cases each year where the parties were charged high intermediary fees by "black intermediaries" in various names, causing the parties to suffer considerable economic losses.
"The loan intermediary's 'routines' are full and mixed. The industry is widely criticized for the chaos of 'black intermediaries' and the customers' lack of understanding and trust in the value of the industry." The economic judge said that in order to reduce the number of financiers to leave Detours, to solve the problems of difficult application, approval, use of funds, repayment, and re-borrowing. The standardization, standardization, transparency, and large-scale operation of the loan intermediary industry are the general trend. Must do.
On the one hand, the loan intermediary industry should abandon the ills left over in the past, build a professional, branded and formalized loan brokerage service agency, and reverse the stereotype of loan intermediaries in the public mind with quality service awareness and high-quality business capabilities.
On the other hand, to make loan intermediaries "reliable", both the hand of supervision and the sword of law are needed.
For loan intermediaries suspected of violating regulations, supervision and legal norms shall be adhered to, and those suspected of serious violations of laws and crimes must be severely cracked down and punished in accordance with the law, so as to eradicate the breeding ground for illegal loan intermediaries.
At the same time, we should strengthen legal publicity and broaden judicial relief channels.
Guide borrowers to establish a correct view of consumption, keep their eyes open, stay vigilant, stay away from the "pits" of loan "black intermediaries", accurately judge their own economic affordability, go to regular banks to handle loan procedures in accordance with laws and regulations, and do their best and rationally borrowing.
Once caught in the "black intermediary" loan trap, keep relevant evidence, and use legal weapons to recover losses through timely reporting to the public security organ, court prosecution, etc.