Xiao Zhang, a sophomore, has been in trouble recently: Some people have come to the school to collect debts from him many times, and debt collectors have driven to his hometown... All of this stems from the fact that he lost his ID card and Student card...

Lost ID card

Someone came to the school to collect debts

Xiao Zhang is currently studying at Xianyang No. 1 College in Shaanxi Province. The first person to report the problem was his class monitor, Liu.

Xiao Zhang has been visited by people from debt collection companies recently. "They came five times in more than two months, saying that Xiao Zhang failed to repay the loan. We have seen the loan procedures presented by the debt collectors. One of them is a photo of a lender holding an ID card and loan materials. The lender in the photo is not Xiao Zhang at all." On June 13, Xiao Zhang also reported to reporters that on March 31. At noon, he received a call from an alumnus asking him if he had lost his student card. “I thought it was a student ID card at the time, because I did lose my student ID card during the last winter vacation. The alumnus said that someone found it, and they pressed the number on the ID card. The message came and asked for the certificate to be returned." Xiao Zhang didn't pay attention and gave his dormitory number. "At noon that day, two strange men came to the dormitory and asked for money, saying that I owed more than 7,000 yuan..."

Xiao Zhang said, “The other party showed me a loan application form and a photo of the borrower taking a photo with my ID card and the loan contract. They said this was the proof of my loan at that time, but the photo showed The person applying for the loan obviously looks different from me. They have to say it’s me and I owe the money and won’t pay it back... The most critical question is, how come the person in the photo has my ID card? "Xiao Zhang just said this? He found that his ID card was also lost. He only remembered that the last time he used his ID card was March 19.

Xiao Zhang and his classmates confirmed that the president of the debt collection company came to the school five times, and each time he called the school security office and called 110 to call the police.

The impostor also used Xiao Zhang’s ID card

He applied for a bank card and received three payments

Xiao Zhang said that the debt collector told him that his identity The certificate was his, and the loan information also clearly stated the school and major he attended. These were all correct, but the address of the school dormitory was wrong. Xiao Zhang said that this is because the student card contains the name of the school, department, class and student number, but the dormitory address is not written, so the impostor filled in one randomly.

At the reminder of the debt collector, Xiao Zhang learned that the impostor had applied for an Agricultural Bank of China card, and the lending company had transferred the money to the Agricultural Bank of China card issued in his name. The police from the Wenlin Road Police Station of the Weicheng District Branch of the Xianyang Municipal Public Security Bureau said that they asked Xiao Zhang to apply for a new ID card as soon as possible. After getting the ID card, he went to the bank to retrieve the information of the cardholder at that time and then verified it.

On May 10, Xiao Zhang got his new ID card and went to the Agricultural Bank of China to check it. He found that in addition to the two cards he had applied for, there was another card he didn’t know about. He printed After reading the bank statement: "This should have been issued by an impostor. The problem is that the bank does not verify the card holder's information when opening a new card?"

On June 13, Xiao Zhang showed On the transaction details list of the Agricultural Bank of China, we can see that the card *** has three transactions - 6,400 yuan transferred in on March 24, which was transferred out in two installments through Alipay on the same day; 5,280 yuan transferred in on March 25, and then transferred out. 4,800 yuan was transferred out through Alipay; the 4,900 yuan on March 27 was also transferred out on the same day it was received... The Alipay name in the bill is also Xiao Zhang's name. According to everyone's analysis, the impostor also used Xiao Zhang's ID card to apply for a mobile phone card, and registered Alipay with his real name on his mobile phone...

In the lobby of the Agricultural Bank of China Xi'an Chang'an District Branch where the account was opened, the staff called The information on when this card was issued was obtained, and the photo left by the person who issued the card at that time was retrieved. It was very blurry, and the outline was somewhat similar to the small photo. The staff member said that she was the one who helped guide the person to apply for the card through the self-service card opening machine. “It has a face recognition function. The machine will automatically identify the person applying for the card and compare it with the photo on the ID. The machine has passed. The new card was just issued. "The staff said, "Apart from machines, banks can only rely on people to observe, but they do look alike."

Debt collector:

From the photos, the two "really look alike"

Not only did Xiao Zhang get debt collection at school, but his hometown in Xunyi County was also visited by debt collection companies.

“On June 13, my dad called and said that a neighbor called him and said that a van came to my house. Seeing that no one was at home, he asked for my dad’s phone number and said what he bought. I came to renew the insurance when it expired, but because I couldn't find anyone, they started posting bills with my name all over the village, saying that I didn't pay back the money and that my parents were defaulters..." Xiao Zhang's family forwarded the posted bills. Come, the same man is holding a photo of a loan contract, with the words "Xiao Zhang refuses to repay the money he owes, his parents default on the debt, as a student... he doesn't understand the law..."

Where is Xiao Zhang? The teacher at the school said that after the student lost his ID card, the bank did not strictly control the situation and gave him a bank card; the lending company did not strictly control the situation and granted him a loan. When they were fooled, they should have gone to the police instead of asking about the students. However, the debt collection company did not call the police and only went after the students. Moreover, the loan company entrusted different collection companies to collect the debt, which was a kind of harassment to the students and disrupted the normal teaching order of the school.

On the afternoon of June 14, the reporter contacted a man who came to collect debts for the first time. The man said that Xiao Zhang borrowed 6,000 yuan from them, of which 720 yuan was the fund management fee. There was 5,280 yuan on the card, divided into 12 installments, and each installment was worth 620 yuan, but it was never repaid, so I went to collect the debt. The man also said that debt collection will not cause physical harm to the child, but he must find out who loaned the money. If it is really not him who loaned the money, and the negotiation fails, he can still go through legal procedures. But he also said that judging from the photos, the two do look alike. He also said that they had never been to Xiao Zhang’s hometown. It was likely that Xiao Zhang had loans from other loan platforms and was also being called.

Lawyer’s point of view:

The information was used fraudulently

Xiao Zhang has no obligation to repay the loan

Others signed the contract in the name of Xiao Zhang, a college student. The loan contract has no legal binding force on Xiao Zhang, and Xiao Zhang has no legal obligation to repay; the person who should bear the repayment obligation is the person who falsely uses Xiao Zhang's name.

In this case, according to Article 224 of the Criminal Law of the People's Republic of China and the People's Republic of China, the person who falsely used Xiao Zhang's name has committed the crime of contract fraud and should be punished by law. The bank You can go to the public security bureau to report the crime. As a victim, Xiao Zhang can also report the crime. The public security bureau will investigate in accordance with the law and find the person who borrowed money in Xiao Zhang's name.

Reminder:

It is inevitable to be careless in life, and important documents will be lost, which also brings a lot of inconvenience to life. If lost, you must go to the relevant department in time. Register and apply for new certificates in a timely manner to avoid future trouble for yourself.