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One looks dull eyes, then said it was not neat mentally retarded man, even in Beijing Bank, Everbright Bank successfully run under 4.
Although there is no obligation to do the audit, but the debts of the two banks are "positive": Beijing West Bank sued to court to demand payment of the principal amount of more than 14,000 yuan, and has rolled up interest and late fees and other costs the same amount; Everbright Bank is directly recruited police, almost mentally disabled man as credit card fraudsters arrested.
This year, the newspaper "major economy" column to make several in-depth reports for the regulation of the banks credit card. Liu readers to contact reporters, pleading correspondent for "being run" credit card "idiot nephew" Idealists. Reporters on the matter in-depth investigation.
Do card? Strange
Childhood mental retardation as a cleaner less than 600 yuan monthly salary
Mr. Liu, 33 years old nephew colt, born with mental defects. "The elementary school, the teacher asked 'Your mother is male or female,' and he could not answer, it was declined." Liu said with a sigh, after growing up, the family helped him contact the Trustee to a community hospital a cleaner, less than 600 yuan monthly salary.
Reporter to pony home interviews, see no decent furniture home appliances. Pony's mother told reporters that her husband died 11 years ago, he was a retired worker, a monthly pension of less than two thousand dollars. Over the years their son, a man pulling on the economy is difficult. House furnishings are discarded to give their friends and relatives.
Sleepwalk from two banks to do a four credit cards
See reporters, pony Shuangshoubaotou buried in his chest, like a child made a mistake. Because of his limited language ability, reporter with an afternoon time before from his mouth a basic understanding of the whole matter.
Pony said he would have a Everbright Bank debit card. February 2008, he suddenly received a phone call Everbright Bank, told him he could then run a credit card.
"Actually, I did not agree, but the bank still sent me the material, I went to fill in and return." Pony said.
Pony said, after a few months, he saw the total credit card also not down, and went to China Everbright Bank Tianningsi Branch inquiry. Banks female employee told him: "You just do a right again." So he filled out the application form.
Pony said: "When I asked how much income should be filled, she said to fill a twenty thousand will do, I say I'm not that much money, she said you blind to fill on the line, so I filled the 20,000." In this way, plus The first card on the late, pony sleepwalk do two Everbright Bank credit card.
The third credit card is Beijing Bank's "acquaintance" in September 2008 to help ponies run. "Acquaintance" is the Beijing bank a forty-year-old female employee. Because pony wage card is the Bank of Beijing, and he often went to a network to do business, you do not understand, let "acquaintance" helped fill in a form. "I had said something joke, asked if he could do card, she really brought tables, I'll fill up." Pony said.
The fourth credit cards or Everbright Bank, do card time is January 2009. As for the details of the run card, the colt that he has can not remember.
"Actually, I did not want to do, the bank said all right, I'll do." Pony said.
Credit card? Trouble
4 cards in turn bought a dozen brush phones
Just got a credit card when pony America for quite a while. "The bank said, the credit card will be able to buy things. Buying something more to get the more points, more points can send me gifts, they say you do not activate it without interest. Activated after a year there is an annual fee of one hundred dollars. "he recalls.
With credit cards, pony shopping "convenience" and more. "He brushes to get the money to buy a mobile phone mostly because he poor memory, always lost cell phone, lost to buy, bought around a dozen mobile phones." Mr. Liu said, "If there is no credit cards, certainly not his mother give him money. With the card, who do not know, just all of a sudden owed so much money. "
Etc. colt's mother found this case and cards confiscated, the four card has been severely overdrawn. Although the 65-year-old son also tried every month on the part of the money, but because of the interest and late fees are too high, even though they lost all of her savings, the hole is still growing.
Turns dunning dunning letter attached criminal law provisions
June 2010, the colt's mother is not completely on account of. After that, two banks dunning letters, reminders and phone have to.
Dunning letter also attached to the Bank of Beijing criminal law, "reminder" pony if you do not pay back the money, will be sentenced credit card fraud, can be sentenced to up to life imprisonment.
Everbright Bank is "included" a newspaper, bold headlines above eye-catching title: "12 chic swipe card slaves refused to pay the debt, the court sentenced: This is a fraud."
Anxious mother was bedridden pony, pony themselves often scared I could not sleep all night because someone suddenly called to the house and told him "do not pay back the money there in prison."
Although the colt's mother repeatedly explained his son's situation, but nobody listened. Elderly desperation turn to his brother Liu.
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Bank? Dunning
Court to prove the man commissioned to identify mentally retarded
September 6, 2010, Mr. Liu to the court for a declaration pony to limit capacity for civil conduct.
Court entrusted to pony Anding Hospital were identified, has concluded that the colt was moderate mental retardation. The judgment of the court then made. After that, Liu began and two bank negotiations, the disability certificate, the court verdict were faxed to each other, but the bank still refused to give up.
Two banks recruit children each have their own debt collection
March 2 this year, two units of the police suddenly came pony, said Everbright Bank received a report, prepared to pony shackled taken away. Liu said that, thanks to pony critical moment not silly, to plead that he is a disabled, home to let his mother come up with a disability certificate to the police and the court verdict, the only escaped.
Bank of Beijing issued a lawyer's letter to the pony home. Although Liu repeatedly explained to the bank for the nephew, "but the other lawyer reveals the meaning of the words, as long as it will spend money, literate people, that is normal, you have to pay back the money."
August 1, Beijing West Bank sued to court, saying the colt to Beijing bank credit card prospectus and recipients of the various elements of the contract "has been fully aware of and understand" and asked him to repay the principal amount of more than 14,air max pour fille pas cher,000 yuan, interest and late fees and other expenses more than 14,000 yuan.
August 31, the first hearing of the case. Mr. Liu for nephew reply, he obviously mentally retarded pony signs of intelligence can not understand the content of a credit card contract, and the bank did not verify the qualification status pony grounds, requesting the court finds that the contract signed by both parties invalid credit card.
Liu told reporters that until now, the lawsuit has not yet handed down,hP4h5W7iyO, but there Everbright Bank also owes a total of 24,000 yuan, China Everbright Bank commissioned a debt collection company is also occasionally called me for money.
Contact? Hard to find
Too difficult to find a bank can only make customer service phone
Liu told reporters that the past year, he repeatedly and China Everbright Bank, Beijing Bank of contact, hoping to instructions directly to the relevant person in charge of the whole story, but finally found impossible to find such a person, even the department responsible for this matter phone are not.
No way, he can only explain, "nephew is mentally retarded people, banks should not give him a credit card, in accordance with the limited capacity are also entitled to apply for a credit card,7eX5QB7Rm8," the situation by the two banks to customer service customer service phone and fax disability declaration certificate and court judgments. But pony and mother have not been responding banks still received a court summons and constant reminder phone call.
Liu also tried and dun explain, but the other said they just commissioned by the bank debt collection company, just for money, regardless of anything else, "there is a problem to find a bank to go."
Reporters and parties suffered the same interview rebuffed
During the interview, the reporter and Mr. Liu also suffered the same. Reporters call the dunning letter first contact telephone number, but Everbright Bank dunning letter calls or no answer, or have been unable to use; Beijing Bank dunning letter, been able to dial a phone, but the other said "reflects the problem only to find the bank, "the reporter responsible for its banking sector to the telephone,[url=http://www.hebiw.cn/bbs/home.php?mod=space&uid=5430][/url], be rejected.
Subsequently, the reporter found through the network Everbright Bank office switchboard, indicating the whole story, wiring provides a "responsible and media liaison," the extension number. But the other said is not responsible for the matter, and credit card center for reporters to contact directly. Reporters also contacted the switchboard, the other said not provide credit card center phone, asked the reporter own inquiries.
The phone can be found only a "400" customer service calls. October 11, the reporter called the phone and customer service staff to explain the situation, the customer service staff to reporters' first, and so. " October 12, customer service calls at reporters fax interview outline. As of the morning of press time, the interview is still not below.
Bank of Beijing office phone is less than the query, Beijing bank customer service told reporters that they did not register office there, there is a problem and they said only direct. After the October 11 interview requests raised by reporters, has been no response.
● lawyers say
Limited capacity
Do not have the qualifications to apply for a credit card
Beijing Hui Cheng Nan lawyer said that under the "credit card business management approach", only with full civil capacity of citizens to apply for a credit card. Pony is a limited capacity, and therefore does not have the qualifications to apply for a credit card.
Nan said that under contract law, civil capacity restrictions contract entered into after the effective ratification by the legal representative. When applying for a credit card, the colt's family did not know, and the bank should not have been in rebuttal for mentally retarded people handle credit cards, not to mention ratification therefore, should belong to a credit card contract void ab initio.
Invalid contract out the need to bear responsibility for losses
Who is at fault depends crucially on
Nan noted that, under the law, resulting in the loss of a contract void ab initio, but also need to bear the responsibility, but who is going to depend on who bear fault. This case, ponies and their families out of the question at fault.
Say fault, only the bank's fault, the commercial banks' credit card business supervision and management approach "Article 41 stipulates that banks should fully verify the applicant's financial situation and confirm that the applicant has a steady job, a stable source of income or a reliable also money guaranteed.
"While not explicitly said to examine the applicant is not mentally retarded, but the 'repayment guarantee' and other obligations can be inferred review, the review should include a review of the applicant's obligation to have the case 'does not have the ability to repay' the mentally retarded and so on. From this, the bank flawed in the review, it should be their own responsibility. "Nan said.
● outside sound
December 2009, the Supreme, Supreme Procuratorate jointly issued a judicial interpretation of the provisions of malicious overdraft credit card will be identified as credit card fraud, the media have made this comment.
Over the years, our obligation Qianzhaihuanqian has been emphasized. But when we repay obligations while being repeatedly stressed the obligation of the bank screening information true and false, then where? - "Chongqing Times"
One-sided emphasis on the cardholder's legal liability is likely to dilute the bank's own problems, leading to the phenomenon of unsolicited credit card intensified. - "Oriental Morning Post"
Text / reporter Yan Fu in the new Red intern Wang Xiaofei