Source | Beijing Time Finance
Author | Tan Zi
Fraud consumers?
"The police came to catch them and they reported false alarms." Recently, a news about consumer rights protection was hot on Douyin. In the video, a man named Liao accused Maodou's new car network of propaganda that was not true and defrauded consumers.
"Start a new car with a down payment of 3,000 yuan! Ultra-low monthly payment!" The advertisement of Maodou New Car Network earned the public's attention. The threshold for buying a car is so low? The result was "Buy a car and rent a car, and monthly payments become monthly rents."
Attorney Zhao Ming, a partner of Beijing Zhongtong Law Firm, told Time Finance that the advertising words of Maodou Xinche.com are seriously inconsistent with the facts and are suspected of false propaganda.
In this regard, Maodou New Car Network responded to Time Finance that most of these users in Zhengzhou said that they did not know that they bought the car through the financial leasing model and wanted to refund the car, but the users actually signed the contract before, and the contract was also clearly written Mode and various expenses. However, users have been repaying for several months. When the epidemic happened, they said that they did not recognize this model and had to return the car and refund the full amount (including interest to the bank).
Maodou Xinche.com also said, "The" package purchase tax "we have advertised in the advertisement is also written in front of this sentence." As low as 3,000 yuan package purchase tax and first month insurance ". It is included in the meaning It ’s not that users do n’t have to give this money anymore. There must be no false propaganda. Everyone knows that buying a car requires paying purchase tax. "
The Black Cat complaint shows that users ’complaints about Maodou Xinche.com are mainly“ refund, transfer, and refund ”. As of 08:00 on April 13th, Maodou Xinche.com had more than 800 complaints.
false promotion?
Recently, Maodou New Car Network was repeatedly exposed by the media.
According to the report of the "Great Reference" section of Henan Minsheng Channel, Mr. Liao was attracted by the "first year insurance of package purchase tax" to buy a car at Maodou New Car Network. It was found that the so-called down payment of 3000 yuan refers to the deposit; the package purchase tax is not free, but the cost is included in the loan; and the new car mentioned is not in its own name, but under the subordinate of Guazi used car company.
Mr. Liao took the reporter to discuss the statement, but was "alarmed" by employees of Maodou Xinche.com. So, the scene at the beginning of the article happened.
In fact, Mr. Liao's experience is not a case. According to the Economic Voice "Tiantian 315", Ms. Shi, a consumer in Guiyang, learned through advertisements that she can buy a new car at a low down payment on the "Maodou New Car Network". After a brief consultation with the salesperson, she paid a 26,000-head payment and bought a Honda Accord car with a total price of 230,000 yuan. What Ms. Shi did not expect was that after the driving of the new car was completed, the name of the head of the household was also “used car of Guazi”.
Ms. Shi said that since she walked into the "Maodou New Car Network" Guiyang store and paid to go out, the salesperson had never mentioned the word "car rental". When she asked to sign the contract, the other party said that she would provide the contract when picking up the car, but so far there was no paper contract for her.
On April 7, a netizen complained on Black Cat, "Maodouxinche.com sells deceptively to allow customers to sign on their mobile phones and then pay. Finally, the money comes to Maodou, and the owner knows nothing about this situation I do n’t know. Consumers buy cars and rent cars, but also have to pay loans and interest. The insurance of the car is not the owner of the car. I want to ask the owner of Maodou New Car Network to pay for such a car. There is no protection at all. What. "
Transfer risk
"The loan belongs to a car mortgage loan, but the car is not in my name." So, Mr. Liao decided to counter: refuse to repay the loan and report to the China Banking Regulatory Commission that Weizhong Bank illegally lent. The reporting effect is significant. After that, Wezhong Bank called Mr. Liao and said, "This loan has already been settled by melon seeds."
So, is Mr. Liao's countermeasure strategy feasible and will there be credit risk? Lawyer Zhao Ming said that Mr. Liao ’s bank loan has been paid off by melon seeds and there is no credit risk.
However, "If the bank loan is not paid off, the user will still have credit risk. Because the main responsibility of the loan contract is the user, once the user signs the loan contract, he agrees to the relevant agreement." Zhao Ming said.
"As for whether bank lending is illegal or not, this responsible entity is the bank." Lawyer Zhao Ming believes that, on the premise of confirming that no loan contract has been signed, the bank lends to users or is suspected of "illegal lending." If there are substitute user signatures, not only violations, there may be illegal and criminal acts.
Although Mr. Liao no longer has to worry about repaying the loan, the car he lifted from Maodou New Car Network still lives a "dark day". Because if the car is found by Maodou New Car Network (taken back, editor's note), Mr. Liao's tens of thousands of dollars may have to be floated.
For this situation, lawyer Zhao Ming said that although there is no bank loan, the relationship between Mr. Liao and the real owner has not been transformed. At the same time, the financial lease contract signed by Mr. Liao and Maodou New Car will change. As for Mr. Liao, will the agreement continue to be fulfilled, or will it be changed and converted into a real lease? If there is no clear agreement in the contract, both parties will negotiate. If the negotiation fails to reach the court, the court will try according to the specific period of use, the fees paid and the actual costs incurred.
According to the contract law, the lessor and the lessee can agree on the ownership of the leased property at the expiration of the lease term. It can be said that the financial lease contract is a contract for the possibility of consumers becoming vehicle buyers.
Maodou New Car Network said that the court recognized that the financial lease is to buy a car instead of renting a car. The user actually pays the monthly payment every month. The final repayment of the car is also transferred to the user name, and the ownership is also the user.
However, lawyer Zhao Ming reminded consumers that if the new car purchased is not in their own name, there is a risk of transfer. For example, once the vehicle registration subject goes bankrupt, the vehicle may be executed by other creditors, and the money previously paid by the user may be floated. In addition, because the vehicle has not been transferred, the user and the company actually form a debt relationship. If the vehicle registration subject sells more than one car, in the future, you may only be able to recover the claims, but you cannot recover the property rights of the car. In other words, if the car is not in your own name, there may be a risk of someone looking for you in the future. 】
