Source: Yangtze Evening News
Is such a loan valid?
Recently, a number of Nanjing citizens complained to Yangzi Evening News, saying that they had applied a refueling card through the “enjoyment car” APP, and finally inexplicably bears a loan. The reporter preliminarily understood that the personnel involved in the country are all over the country. So, what’s going on? Is such loans effective? In this regard, a reporter from the Yangtze Evening News launched an investigation.
I run a 10 % off refueling card
“Inexplicable” carried a loan
In October 2019, Mr. Li, a citizen of Nanjing, received a sale from an insurance salesperson, and then added a salesperson to WeChat to apply for a car insurance for his car.
However, after the car insurance, the salesperson said that after buying a car insurance, the owner cheered for 10 %, but it was necessary to register on the car enjoyment app. As a result, Mr. Li submitted the driver’s license and driving license, and registered information such as face authentication and mobile phone verification code and formed a credit refueling agreement. According to the agreement, he can choose from the grade of 500 yuan, 1,000 yuan, 1500 yuan and 2,000 yuan per month.
“I chose the grade of 1,000 yuan a month. The platform will directly hit the 1,000 yuan oil payment on the oil card that I register at about 10 on the 10th. The period is 12 months. “
However, in June 2020, the platform did not hit 1,000 yuan into Mr. Li’s oil card, and the following month, Mr. Li did not repay 900 yuan to the car enjoyment platform. On October 14, 2020, Mr. Li suddenly received a call from the staff of the real technology company, saying that Mr. Li’s “Youka Oil Card” bill held in June-October was overdue. 4,500 yuan will be returned, otherwise it will affect credit reporting. But at this time, the enjoyment of the car is not available. The staff told Mr. Li that he could make money directly through the binding bank card, and then the car would be recharged in Mr. Li’s refueling card within 7-15 working days. Mr. Li was then deducted from 4,500 yuan after recharge. But the money was deducted, but the money returned was not available. Mr. Li has repeatedly asked the real technology company that failed. November 24, 2020. Mr. Li repeatedly called the car company to find that he could not contact. Mr. Li repeatedly asked about it that the car had previously used his information to apply for a loan at a real technology company. “So they kept urging me to pay back the money before, not that I would make it one at one time.” Mr. Li Asked, is he “drifting water” for his 4,500 yuan. In addition to Mr. Li, the reporter also received complaints from citizens from Inner Mongolia, Zhejiang and other localities. Some activists have established several rights protection groups. From the perspective of rights protection groups, the victims are all over the country.
What is the origin of the “Botic APP”?
The reporter inquired that the relevant company of the car enjoyment includes: Shenzhen Youkuka Logistics Information Technology Co., Ltd. and Shenzhen Ganxing Network Technology Co., Ltd., both of which are Shenzhen United Energy Holdings Co., Ltd.
According to the information of the company, Shenzhen Youxu Logistics Information Technology Co., Ltd. and Shenzhen Ganxing Network Technology Co., Ltd. are controlled by Shenzhen United Energy Holdings Co., Ltd. 100%. Shenzhen United Energy Holdings Co., Ltd. was renamed from Shenzhen Youka South Energy Co., Ltd..
According to complaints, they have provided personal data for registration, and they have been used to loans to companies such as real -free technology companies and Chongqing Fumin Bank and other companies. As of press time, the reporter failed to contact the APP platform and the above companies.
However, the reporter saw on the official website of Sinopec that on August 28, 2017, Sinopec issued an announcement: Youka South Energy was on the APP mobile client and WeChat platform that named “UCAR Youca”. Petrochemical is a strategic partner, and you can first refuel and make money first. Sinopec reminded such acts that have involved a large number of Ponzi schemes, illegal MLM and fund fraud, and Sinopec and the above -mentioned business have not cooperated.
How is it “loan” on the APP?
In the complaints of citizens, the more concentrated is why they are “loan”. “If I knew this was a loan before, I would not do it at all,” said Ms. Liu from Zhejiang.
The response of the customer service staff of the real quantity technology company is: “When the customer applies the” credit refueling “business, the customer fills the personal information independently, uploads valid documents, manually checks the signing of the electronic protocol, and selects the” credit refueling package ‘independently. During the business processing process, a variety of methods such as face recognition, voice verification, bank card binding verification and other methods are adopted to ensure that your operation is your own operation. You have clearly notified you in the signing interface. When there are compulsory reading, autonomous checking, submission of ID cards and bank cards, we will send you a variety of ways to ensure that your loan is true. Therefore Business processing process. “
However, many complaints said that at the time, they did not clearly inform the installment borrowing service, and the current APP could not be opened.
The reporter learned that at present, the Shenzhen Public Security Longhua Branch has received an alarm, and the police are investigating this.
Be careful about consumer loans
The focus of this case is that there is no clear reminder when you apply for a loan
Haotianxin and (Nanjing) Law Firm Zhou Jian believes that in the three parties, the car enjoyment app should be the most fault. According to the existing situation, the car enjoyment company does not have corresponding contracts with the so -called Sinopec and insurance companies. Judging that there is a problem of fictional facts in the enjoyment of the car, it may be suspected of contract fraud or civil fraud. In this case, one of the focus is that the three companies, including real quantities, make clear reminders when they apply for a loan. If there is no prompt, it is a format contract. According to the provisions of civil law, the format contract needs to provide the contract party to the prompt obligation. If there is no obligation, there will be controversy. If there is a prompt, whether to fulfill the reasonable prompt obligation, the other party will proof, and the court will determine it.
At the same time, consumers should be reminded to be cautious about consumer loans, especially loans through Internet channels. We must carefully understand the terms, especially rights, responsibilities and liability for breach of contract. Bring losses. So, what other complaints are? In addition to reporting the case? Attorney Zhou believes that at present, the Market Supervision Bureau is more facing a offline entity transaction, and current online supervision has a gray area. “Each regulatory agency feels that it has nothing to do with themselves. But it is essentially a company that registered industry and commerce registration in accordance with the law. In this regard, the Market Supervision Bureau still has certain responsibilities. We can make a corresponding complaint.” Lawyer Zhou said. (Reporter Yu Yujun Ma Weiwei Song Nanfei)
[Error correction] [Responsible editor: Yin Shijie]
Why do you get a loan with a refueling card?