Congratulations, someone paid you back. Although I have to pay back, I still have a loan, and I don't need to pay interest [yi tooth] [laugh] [I want to be quiet]
Don't be afraid, it's not your responsibility. You can be even more positive. For example, it is suggested that the bank list the online loan company and you as defendants at the same time, and investigate the responsibility of returning 654.38+0 million.
Coincidentally, the bank mistakenly allocated 6.5438+0 million yuan to you, and you formed a loan relationship with the online loan company and signed an automatic deduction agreement. This was only 6.5438+0 million yuan, which was taken away by the online loan company.
So who should this 654.38+0 million belong to? Or how can the bank recover this 654.38+0 million?
First of all, you are not responsible for the bank's dereliction of duty. First, rule out the responsibility of online lending companies to reap profits. This 654.38+00,000 is not stolen or robbed, it is the fault of the bank, and the responsibility is not yours, but the bank.
Some people say that not paying back constitutes unjust enrichment or even occupation, which is not true. There is a simple reason. After the 654.38+0 million yuan was credited to your card, you didn't occupy it or spend it. There is no such thing as unjust enrichment.
To put it another way, suppose that you have no debt relationship with the online loan company, and you refuse to return it or use it for other personal expenses after the bank urges 654.38+00,000 yuan, then this case constitutes the crime of unjust enrichment or even embezzlement. In this case, if the bank cannot recover it, it can recover it through litigation, and you are obliged to return it.
Second, what should I do next? Do you have the obligation to return it? If you can return this 654.38+million, then the next step is very simple. Just take out 654.38+0 million and return it to the bank. All three parties were happy, and no one lost.
But I'm sure you can't afford to return this 6.5438+0 million, and the bank won't let it go. What should we do next?
It's simple. You can directly suggest that the bank take legal procedures and list the online loan company and yourself as defendants at the same time;
After going to the lawsuit, there is a high probability that the online loan company will return 6.5438+0 million for the following reasons:
First, the debt relationship between you and the online loan company is protected by law, and you should fulfill the repayment obligation, but the repayment source must be a legal source, or use the funds you have ownership and disposal rights to repay the debt; In essence, you have no ownership and disposal right to the stolen, robbed or unjustly enriched money, so you can't use this money to repay debts;
Second, it seems that the online loan company signed a withholding agreement with you in advance, and it is reasonable to allocate your funds on the basis of this agreement. However, according to the provisions of Article 23 of the Property Law, "the establishment and transfer of the real right of movable property shall take effect upon delivery". But can a bank's "wrong number" be considered as "delivery"? Obviously not, because there is no creditor-debtor relationship between you and the bank, the bank has no reason to "deliver" 654.38+0 million to you, which can only be understood as "misoperation".
To sum up, you have no ownership or right to dispose of this 6,543.8+million, and this 6,543.8+million called by the bank does not belong to the category of "delivery". Although there are mistakes and dereliction of duty in the bank's work, in essence, the ownership of this 1 10,000 is still on the bank side, and the property rights have not changed. In other words, this 6.5438+0 million cannot be the source of funds for you to repay the debts of online loan companies. At this time, the automatic deduction agreement signed between the online loan company and you should be considered as invalid.
To sum up, individuals can directly suggest that the bank list you and the online loan company as defendants and submit them to the court for judgment. The court has a high probability that the online loan company will return 654.38+0 million funds to the bank, but the creditor-debtor relationship between you and the online loan company still exists, and the three parties return to the situation before the "error".
Give a similar example: for the sake of explanation, let's give a similar example that happened in reality:
A tire company in Qingdao had previously borrowed an operating loan from a branch of Hebei Bank. After the expiration, the tire company defaulted and the principal and interest were not fully repaid.
The creditor, a branch of Hebei Bank, sued the tire company and applied for enforcement at a later stage; The court legally froze the Gong Hu of a tire company, but the balance in Gong Hu was 0.
One day, an industrial company in Qingdao mistakenly paid 980,000 yuan to Gong Hu, a tire company with no actual business and creditor-debtor relationship. After 980,000 yuan arrived, the money was deducted by the court to repay the debt owed by the tire company to Hebei Bank.
After the industrial company found the "mistake", it immediately asked the tire company for it, but the tire company was also very helpless. The money has been deducted by the court and cannot be repaid.
Later, the industrial company sued the tire company and a branch of Hebei Bank, the actual beneficiary, and demanded that both parties or one of them return the "wrong number" of 980,000 yuan.
After investigation, the court found that this 980,000 yuan was "wrong" and not "delivered". Ownership and disposal rights still belong to industrial companies. As an outsider, the court may not execute its funds, and a branch of Hebei Bank will return the 980,000 yuan to the industrial company.
This case is very similar to the case of 654.38+00,000 yuan, which can be used as a reference.
Written at the end: To sum up, because this 654.38+0 million is the bank's "wrong number" and the responsibility lies with the bank, you did not hide, possess or spend this 654.38+0 million, so there is no such thing as unjust enrichment;
The next way to deal with it is that the bank lists you and the online loan company as defendants, files a civil lawsuit and submits it to the court for judgment. According to the similar justice before, the ownership of this 6.5438+million has not been transferred, so it is very likely that the online loan company will return this 6.5438+million, and the creditor-debtor relationship between the online loan company and you will be restored.
Bank's responsibility
You didn't know anything and didn't participate in any operation from the bank's wrong transfer to the online loan company's automatic deduction. You don't have to pay any responsibility. If you must be responsible, it must be a loophole in the law.
Just like one day when you went out, A lost 10,000 yuan in front of your house after you went out, and B picked it up. You didn't hear about it until you got home, but A said you were to blame what was lost in front of your house. Do you think this will work?
Hello, friends, this question is very clever.
In fact, in the end, it may be unexpected and everyone is happy. The clear answer: 1, the bank is wrong. 2, you are responsible for paying back the money. 3, the online loan is waiting for the rabbit, and then, a huge pie of 654.38+0 million falls from the sky.
First of all, the topic, in-depth analysis, in order to clarify the responsibility, make a foreshadowing.
1, these are two questions.
First, the bank made a mistake and overcharged/kloc-0 10000000 yuan to your account.
Second, you owe money to the online loan, you bind your account and sign an automatic deduction agreement (no one can deduct money from your bank account without your consent unless you have no money).
2. You linked two unrelated issues: the bank made a mistake, gave you money in the account, and you owed money on the online loan.
Summary: The beneficiary of this money is actually you. Straighten out the problem, and whose responsibility will be easy to find.
Secondly, let's analyze the titles of the three parties, banks, account owners, online loans, who is responsible and what responsibilities.
1, bank. The bank made a mistake because it transferred 654.38+0 million to your account by mistake. But no matter how wrong he is, the money is still his, because you made it clear in the title, yes and no. Since it was a mistake, according to some of our laws, no matter who made the mistake, they have the obligation to keep it and return it. Otherwise, it is unjust enrichment and even suspected of committing a crime.
2. Account owner. There is no fault, but it is obligated to return the 654.38+0 million to the bank. Because this 6,543,800 yuan is a wrong transfer and belongs to the bank.
The owner of this account didn't take the initiative to move the money himself, even after it was deducted (the online loan must stare at this account in minutes, and a penny will be deducted in a second). There is nothing wrong with paying back the money.
3. Online loan. Pie fell from the sky. It is natural for online loans to deduct this money. Of course, he probably didn't expect to be able to deduct 6.5438+0 million.
The net bag deducts money, which is in line with the law. Because we know that no matter who wants to deduct money from a bank account, either the consent signed by the account owner himself or a judicial document is needed. No matter how big the online loan is, it is impossible to deduct a penny from someone else's account, and the bank will not agree. Obviously, the account owner voluntarily signed an automatic deduction agreement for the corresponding account, or there was a relevant judicial ruling. Online loans that fall from the sky.
Summary: The responsibilities of all parties are still clear.
To sum up: if the bank pays for its mistakes, it will recover from you, and if it doesn't, it will be sued.
You are the beneficiary of this matter, because this 654.38+0 million has paid off the online loan for you. Although you didn't mean to, you must return 1 million to the bank, or you will get unjust enrichment.
Online lending is also reasonable and legal, because it is deducted from your account, and it is your consent, not the bank's money.
All the entanglements were put down: finally, the bank made a mistake and you owed money, which caused all this. If you don't owe the net bag, I'll transfer the money back to the bank and send you a banner.
The advantage is that the bank is wrong, just as you turn the money owed to online loans into a formal unit owed to banks and banks. Since he made a mistake, he is embarrassed to ask you for interest, and he will give you an appropriate grace.
From this point of view, everyone is happy: the money of online loans has been cleared, so there is no need to worry about bursting the address book and not getting it back.
Banks pay for lessons. When the grievances are solved, the debts will be solved. With you here, it will be easy to solve.
Don't even make money. As long as the money doesn't go abroad, you can get back any card you transfer to the bank.
I think the main responsibility lies with the bank, but really speaking, the landlord also has the obligation to help the bank recover the money. Otherwise, it is estimated that the bank will sue you and you may have to bear the bad consequences. So I think this really happened, and our landlord actively cooperated with the bank to get the money back. As for the final result, at least at the time of judgment, the responsibility of the landlord is very light. After all, we were very active at that time, which was not our own subjective mistake.
Responsibility is difficult to define. Anyway, you can't pay back the money from the bank, so you are a new creditor. Negotiate repayment and may even give you some interest. So, this is a good thing.
Listen to you, if the bank mistakenly transferred 654.38+0 million to your card and happened to be deducted by the online loan, do you think you don't have to pay back the owed online loan? Let's just say you think too much. The probability of this happening in banks is extremely low. Even if it does happen, the bank mistakenly transferred 6.5438+0 million yuan to your card and was deducted by the online loan, but the money will eventually enter your account, so you must find a way to return it to others. Otherwise, the bank will directly sue you, and a single charge of unjust enrichment will be enough for you to drink a pot.
If the bank doesn't give you the wrong money, you won't repay the online loan? The online loan deducts the money you should pay back. Just because the bank made a mistake doesn't mean the money is yours. You gave someone money by mistake. Do you want it back? Failure to pay back the money is unjust enrichment and criminal responsibility. Pay it back quickly!