"Sister, consider low loan interest?" "Brother, do you need money?" Have you received many such sales calls? Be careful, it may be a trap.
According to police analysis, routine loans to victims are usually carried out according to the following routines:
Step one: solicit business in the name of "company".
Those intimate "elder sister" and "elder brother" phone calls are the first step towards the trap. In fact, these companies have no financial qualifications.
Step 2: Sign a blank contract.
When you say you need a loan, they will ask you to sign a loan contract, and the suspect will come up with a thick stack of blank contracts for the victim to sign. Because there are too many contents in the contract, the victim is eager to use the money, and the victim will not read the contents of the contract carefully. The criminal suspect can add contents to the contract at will, including the lender, the loan time, the interest amount and other important terms.
Moreover, the loan amount written in these contracts is not the amount you get, and the money you really get is much less than the contract loan amount. For example, the loan written in the contract is 654.38+10,000 yuan. After deducting the so-called "deposit" and "service fee", the victim may only get 20,000 to 30,000 yuan.
Step 3: Create a "chain of evidence".
In addition to the contract, the suspect will also ask the victim to sign some legal documents, such as real estate mortgage contract, real estate purchase and sale power of attorney, housing lease contract, etc., and some will also ask the victim to handle the notarization procedures of these contracts together.
In addition, the suspect will transfer all the loan amount to you first, and then let you withdraw money, forming evidence that "the bank flow is consistent with the loan contract". In fact, the money should be returned to them.
Some are delivered in cash, and the suspect will let the borrower take photos with cash, creating the illusion that the victim has obtained the full amount of the loan.
Step 4: unilaterally arbitrarily determine the breach of contract or deliberately create a breach of contract.
The suspect will make the borrower "default" through various means.
Even if the borrower wants to take the initiative to repay the loan due, the suspect will deliberately "play missing" until the contract expires.
Afterwards, the suspect unilaterally declared and determined that the borrower had "breached the contract" and demanded that the other party compensate the "liquidated damages" and "handling fees" according to the contract. These expenses are often several times or even dozens of times higher than the loan amount, and it is difficult for borrowers to pay them off at one time.
Step 5: maliciously increase the loan amount.
When the borrower is unable to repay the loan, the suspect will introduce other "companies" to sign a new and higher "inflated loan contract" with the borrower to "balance the accounts" and further increase the loan amount.
In the investigation, the police found that these companies are actually a group, but they use different names. To call it "even account" is actually "robbing Peter to pay Paul", which makes the borrower fall into a trap.
A ring-by-ring trap
Step 6: Use both hard and soft methods to "collect debts".
All kinds of routines before the suspect are for the last step, asking for debts.
There are usually two ways to claim debts: one is to file a lawsuit by using false written evidence such as mortgage contract and bank running water made before, claiming so-called "legal creditor's rights" and demanding that the houses, cars and other properties under the names of the parties be preserved and auctioned for debt repayment;
Second, through various illegal means such as extortion, illegal detention and telephone bombing, the normal life order of borrowers and their close relatives is disturbed, so as to put pressure on borrowers and force them to repay their debts.
Three kinds of conventional loans
Judging from the cases detected by the public security organs at present, routine loans are mainly divided into three types:
The first is "mortgage loan"
In this kind of cases, the routine loan gang is eyeing the property under the name of the victim or his close relatives, and will let the victim use the property as collateral by inflating the debt, and finally take possession of the victim's property by filing a lawsuit or applying for property preservation.
The second is "car loan"
Such cases are aimed at victims who own cars, especially luxury cars.
Routine loan gangs often use "low interest, no mortgage, no seizure of cars" as a pretext to trick victims into signing vehicle mortgage loan contracts, and then forcibly seize cars and trailers for reasons such as overdue and breach of contract.
There is also a "fast food" routine for suspects, that is, after signing a contract, they create an excuse for breach of contract without issuing loans, unilaterally determine the breach of contract, and then detain the vehicle and blackmail the victim through so-called negotiation, negotiation and mediation.
The third is disguised as ordinary "private lending"
In such cases, the purpose of the routine loan gang is to possess the victim's cash, deposits and other property. After confirming the profit from the victim, the suspect will take a seemingly ordinary private loan contract as bait. After the victim signs, he will increase the debt layer by layer, and finally force the victim to repay by means of illegal detention and extortion.
There are big pits behind advertisements such as "low interest, no mortgage, no car seizure".
More than 200 people, the amount involved10 million yuan.
After nearly a month's investigation, on March 15, West Lake police arrested this criminal gang that used "routine loan" to blackmail the victims, and smashed the "routine loan" criminal gang headed by Chen Moumou and Lai Mou in one fell swoop. At present, the case has successfully arrested the suspect 14.
Strange phone calls to promote low-interest loans, loan advertisements randomly distributed by the roadside, and small online lending platforms mixed with dragons and dragons? There are hidden mysteries and routines.
There is a difference between conventional lending and general private lending.
Legal private lending is profitable within the interest rate stipulated by law; It is for the purpose of obtaining high interest; The purpose of routine loan is not to "eat the principal" or "eat the interest", but to illegally occupy the victim's property step by step, which is essentially an illegal and criminal act.
At the beginning of last year, Chen Moumou, Lai Moumou and others opened a "Hangzhou Jiulong Investment Management Co., Ltd." in Xihu District and began to engage in "car loan" business.
From the outside, this company is quite formal, with financial group, "legal group" and three business groups.
The business team is responsible for finding customers, talking about loan terms and visiting cars. The financial team signs contracts, collects money and urges money, and the "legal team" is responsible for the company's legal business.
Come to a company as general manager.
Later, a group of people such as Chen resigned from Hangzhou Jiulong Investment Management Co., Ltd. and established Hangzhou Licheng Network Technology Co., Ltd. in Gongshu District, with Chen as the legal representative and also as a "car loan".
On June 5438+February 65438+May last year, Mr. Jiang, who was in urgent need of funds due to difficulties, was introduced and found "Hangzhou Licheng Network Technology Co., Ltd." run by Chen, intending to mortgage his BMW three-series sedan.
The people in this company installed a GPS tracker on Mr. Jiang's BMW. They say it's a rule. Because the car has not been seized, it is necessary to monitor the mortgaged vehicle by this means.
Collect platform management fee, door-to-door fee, service fee, GPS installation fee, interest and other nominal fees of 8,000 yuan, and increase the contract amount by 654.38+0,000 yuan in the name of deposit. In other words, although Mr. Jiang signed a loan contract of 50,000 yuan with the company, the actual loan was only 32,000 yuan.
Because of the urgent need for funds, Mr. Jiang can only accept such a overlord contract.
At the same time, the company made an oral agreement with Mr. Jiang, and the agreed repayment method is: interest first, then principal, half a month, with a term of 4 months, with interest of 5,000 yuan per period.
This year, 65438+1October 14, after the victim Mr. Jiang paid the second interest, the company found that Mr. Jiang was in breach of contract on the grounds that the interest payment was 2 1 minute overdue.
After determining that Mr. Jiang was "in breach of contract", the company forcibly towed and detained Mr. Jiang's BMW, demanding to repay the inflated loan contract amount of 50,000 yuan, and demanding "liquidated damages" 1.2 million yuan.
Finally, Mr. Jiang was threatened and pressured by Chen, the boss of this company, and forced him to pay 45,000 yuan to redeem the car by detaining the car and gathering people to create momentum. In addition to the "legal team" as a legal means of debt collection, some companies also have a group of people who are responsible for debt collection activities such as threats and forced deductions.
After investigation, since 20 15, the criminal gang has been involved in the completed "car loan" customer information.
How do ordinary people judge and guard against "routine loans"?
The essence of "routine loan" is illegal and criminal.
Criminals who implement "routine loans" often take advantage of the psychology that borrowers are eager to use money but cannot borrow money from formal financial institutions. Using the so-called loan business as an excuse, they actually set up a trap contract with "low threshold default conditions" and "high liability for breach of contract", and then created various reasons to determine that the victim breached the contract, and threatened to blackmail the victim's property by handling the vehicle.
If you find these characteristics, you should be vigilant:
First, the loan conditions are particularly good.
If the conditions offered by the loan company are particularly attractive, such as extremely low interest rate, "low interest rate, no mortgage, no car loan", then you should know that the pie will not be lost in vain.
The second is to sign a "Yin-Yang contract".
The contract amount given to you does not match the actual amount.
3. Unilateral determination of breach of contract.
If the other party unilaterally and unreasonably determines that the breach of contract cannot be disputed, then 80% will encounter "routine loan".
The police said that if you encounter similar situations in the process of private lending, you must be vigilant, keep evidence on the premise of ensuring safety, and call the police in time.
2. What are the conventional loan methods?
The organization is an evil and overbearing party, which has caused great adverse effects and seriously damaged the economic and social life order in Fuzhou. Its criminal means have the following characteristics:
1, creating the illusion of private lending
2. Create a false bank flow
3. Deliberate determination of breach of contract
4. Maliciously increase the loan amount.
5, both soft and hard "debt"
The following is the original news of the event for your reference.
14, the municipal public security bureau held a press conference to inform the Fuzhou police to destroy a large "routine loan" underworld organization. Recently, Fuzhou police organized more than 500 police officers, destroyed the large-scale "routine loan" underworld organization headed by Wei Moumou, arrested more than 60 people involved in the case in Fuzhou, Putian, Zhangzhou and other places, seized a large number of documentary evidence, computers and mobile devices, bank cards, public and private seals, real estate licenses, land certificates, RMB and Hong Kong dollar cash, and cracked more than 200 criminal cases. After investigation, the organization lent hundreds of millions of yuan and hundreds of victims, which is the biggest illegal and criminal case of "routine loan" cracked in Fujian Province in recent years.
The organization is an evil and overbearing party, which has caused great adverse effects and seriously damaged the economic and social life order in Fuzhou. Its criminal means have the following characteristics:
1, creating the illusion of private lending
2. Create a false bank flow
3. Deliberate determination of breach of contract
4. Maliciously increase the loan amount.
5, the "debt" of both hard and soft.
Routine loan office deliberately designs legal traps, which are not loans, but crimes.
In view of the constant phenomenon of "routine loan" in society, the Supreme People recently issued the Notice on Properly Hearing Cases of Private Lending in accordance with the Law, emphasizing the strict distinction between private lending and other criminal acts, earnestly raising vigilance against criminal acts such as "routine loan" and strictly observing the legal interest rate red line.
3. What is the modus operandi of routine loan?
Routine loan is a criminal means. In the name of lending, set up a set of layers. Although the means of committing crimes are varied, the routines are basically the same. First, he was tricked into signing a false high contract, then forced to repay all kinds of "debts" and finally forced to collect debts by violence.
The common operation modes of conventional loans are as follows:
1. Use various lures such as fast loans and low interest rates to trick borrowers into signing inflated loan contracts, and the liquidated damages will also be high, that is, for those who need money urgently;
2. After you sign the contract, you will create various considerable conditions to make it difficult for the borrower to repay the loan, and the overdue interest rate is scary, and then you will sing a duet with other gangs to let you rob Peter to pay Paul;
After interlocking, you are cornered, and then you only have to mortgage the property, car production, and even bankruptcy. In fact, the ultimate goal of conventional loans is to cover your property.
However, many routine loans are professional, and many people simply can't see them. It is recommended to apply for loans from formal lending institutions or banks. Once you find a routine loan, you should call the police and safeguard your legitimate rights and interests.