You didn’t discuss staying away from shady loan brokers

2022-04-30 0 By

Rule of Law Daily reporter Huang Hui, Rule of Law Daily correspondent Tao Ran “no mortgage, no guarantee, regular company, lending on the same day”, “internal people, special channels, low-interest loans”, “whitewashing credit investigation, free handling, unconditional lending”…Once upon a time, the loan black intermediary all kinds of flashy advertising imperceptibly through the telephone, advertising, online transmission and other ways, constantly filled with people’s lives.These advertisements take advantage of people’s desire for low interest and urgent need for loans, under the guise of attracting attention, spread attractive promises, set up a variety of loan scams, carefully prepared one after another “pit”, if you do not pay attention to distinguish, it is easy to fall into the “pit”, cheated.Loan intermediary fraud not only disturbs the credit order, hinders the normal development of the industry, but also increases the financing cost and infringes on the legitimate rights and interests of borrowers, which calls for urgent attention.Intermediary “pit” or you recently, nanchang in jiangxi province the second financial court together financial loan contract dispute, 60 He Mou to bank loans of 44800 yuan, for advertising cost before and after the intermediary fee after get loans of 11620 yuan, the court ordered in accordance with the law He Mou return to full 44800 yuan loan principal and interest and fees.In July 2019, he mou received a call from the intermediary company, learned that after paying a certain percentage of the loan intermediary fee can help with the bank loan, and said that the loan can go through the “green channel”, to ensure a 100% successful loan.Because some play mahjong lack of funds, and older, risk awareness is not strong, then agreed to intermediary help its loan procedures.Later, below the instruction of intermediary, he mou signs with some bank “individual online consumption loan loan contract”, agreement: loan amount 44,800 yuan, loan utility is household electric appliance, loan term is one year, loan interest rate is 1.68%, pay interest by month to expire benefit along with this clear.After the loan was issued, the intermediary helped he mou to get a bank card, and swiping the card to consume 9,828 yuan, informed he Mou that the sum is the one-time interest charged by the bank.He, who was in a hurry to take out a loan to play mahjong, did not care and paid a loan intermediary fee of 1,792 yuan through wechat, which is 4 percent of the loan amount agreed by both parties.So far, he mou loan 44,800 yuan, cost intermediary fees up to 11620 yuan, real 33,180 yuan.After he mou failed to return the bank loan on schedule, the bank appealed to the court, asking he Mou to pay all the loan principal and interest, and bear the litigation costs of the case.The court heard that a bank and he mou signed the “personal online consumer loan contract” is the true meaning of the parties, did not violate the relevant provisions of laws and regulations, the contract is true and effective, confirmed.Some bank extends loan to he Mou by an agreement, fulfill the payment obligation agreed by the contract.He mou fails to return the principal and interest of the loan on schedule as agreed in the contract, which has constituted a breach of contract and shall bear the liability for breach of contract.About he mou put forward the real 33,180 yuan of defense, first, because he mou voluntarily handed over the bank card to the intermediary consumption of 9828 yuan and wechat pay 1792 yuan, a bank and no fault;Secondly, according to the relativity of the contract, the legal relationship of the intermediary contract formed between He mou and the loan intermediary belongs to two different legal relationships with the financial loan contract relationship in this case.So this loan intermediary fee is not within the scope of this case, but he Mou can collect evidence to the intermediary separately.Accordingly, the court made the above judgment in accordance with the law.After the judgment, he mou regret, even said not to play mahjong at will to the bank loan, more should not listen to intermediary fraud, and said that will actively through legal channels to ask intermediary refund.”The loan process does produce some fees, such as insurance, agency fees, certificate fees, entertainment fees and so on, so it is legal for some loan intermediary companies to charge intermediary fees.”Orgnaization of the judge, but loans are on the market a variety of “black intermediary” “illegal intermediary”, they tend to routines, full and dig around “pit”, are no longer satisfied with charge high fees, but disguise lured borrowers, suction eyes wander in the gray area, even some loans mediation for black evil forces which cause serious damage to the social development.An investigation by reporters from The Rule of Law Daily found that these “black intermediary” routines mainly fall into four categories.There are connections inside the bank.”Black intermediaries” often claim to have acquaintances in financial institutions who can go through the “green channel” and lend money easily by paying a certain intermediary service fee.In fact, formal financial institutions, have strict loan review process, not internal personnel can control, borrowers do not distinguish true and false, believe it is true, will only be cheated of high service fees.Can whitewash credit investigation.”Black intermediary” pretends that after paying a certain fee, they can wash credit investigation, seemingly opening up another “window” for some borrowers with bad credit investigation, but this is just a beautiful lie woven by black intermediary.As a matter of fact, there is no human intervention except that the personal credit stain can be automatically updated and eliminated by the system five years after the problem is solved.When users find bad credit records, they should actively deal with them and keep good credit records.Fake “packaged” loans.The so-called “black brokers” take out loans from banks and other financial institutions through a variety of illegal means by disguising and enhancing customers’ credit ratings.The client ended up with only a partial payment, but a huge loan to the bank.Even if a few people succeed in packaging loans, it does not change the nature of cheating loans.If they are found out, they will not only be blacklisted by banks and have their loans taken back, but also be subject to criminal law along with loan intermediaries.False promises.Some promise to charge intermediary fees, packaging fees in advance, after receiving money directly shielding run.Some “black intermediaries” promise to borrow money from regular banks, but they are actually high-interest online loans. The victims pay commission fees to the intermediaries, but also bear high interest.In fact, formal financial institutions do not charge fees in any form before lending money.”Borrowers have weak legal awareness, often unable to provide collateral by themselves, guarantors or their own credit problems can not loan normally, in addition to the poor risk prevention awareness, and the credit concept is relatively weak, easy to believe the loan intermediary promise of the blank check.”Handling the judge told reporters that in the past three years, the second financial court of Nanchang city has more than ten cases each year on average by “black intermediary” in various names to charge high intermediary fees, so that the parties suffered no small economic losses.”Loan intermediaries are full of ‘tricks’, and the industry is widely criticized for the chaos of’ black intermediaries’ and customers’ lack of understanding and distrust of the value of the industry.”The handling judge said that in order to make the financiers less detour and 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 is the general trend, and it is imperative to remove the black sheep in the loan intermediary industry.On the one hand, the loan intermediary industry should abandon the disadvantages left over from the past, build professional, branded and regularized loan brokerage service institutions, and reverse the stereotype of loan intermediary in the public mind with quality service awareness and quality business ability.On the other hand, to make loan intermediary “reliable” up, need not only the hand of supervision, but also the sword of law.For loan intermediaries suspected of violating laws, supervision and legal norms should be maintained in parallel. For those suspected of serious violations of laws and crimes, they must be severely punished and punished in accordance with the law to eradicate the breeding ground of illegal loan intermediaries.At the same time, we should strengthen the publicity of law popularization and broaden the channels of judicial relief.Guide borrowers to establish a correct view of consumption, keep alert eyes, away from the loan “black intermediary” those “pit”, accurately judge their own economic affordability, to the formal bank according to the rules and regulations for loan procedures, according to the power, rational lending.Once caught in the “black intermediary” loan trap, keep relevant evidence, through timely reporting to the public security organs, court litigation and other ways, using legal weapons to recover losses.Source: Rule of Law Daily