Generally, it is possible, but only half of it is available.

A packaged loan is a regular loan. Usually refers to the so-called packaging upgrade of customers' own credit through various illegal means, so as to borrow money from banks and other financial institutions, and then earn the difference. The customer finally got only a small part, but owed a large loan to the bank.

Since the state cracked down on "routine loans", many "black-hearted" loan companies have been punished as they should, and advertisements such as "quick loan payment and credit stain" have disappeared from the market.

However, the reporter of China Business Daily noticed that the number of black intermediaries charging huge packaging fees in the name of "packaging loans" has increased. Black intermediaries "package" people in need of loans into executives of shell companies, and at the same time lend them money in the form of wages, forming a flowing bank. After "packaging" their qualifications, they will continue to lend to financial institutions.

2065438+09129 October, 19, Guangdong Provincial Public Security Bureau issued a document to be on guard against this kind of fraud. In the published cases, some of the deceived people were loaned 915,000 yuan and only got 45,000 yuan. The National Business Daily reporter searched for the keyword "packaged loan" and found that such advertisements were not uncommon on the Internet, but after clicking on it, they jumped to the online loan platform.

What is a loan intermediary?

Loan intermediary refers to cooperation with banks. The main body of the loan is the bank, and the intermediary helps you find the most suitable product in the fastest time, and collects a certain handling fee from it.

The loan intermediary exists as a turning interface that transforms the unified interface of the bank into a variety of customers. It is more like a microchannel that flows into the borrower's market.

Loan intermediaries mainly provide loan guarantees for small and medium-sized enterprises, including enterprise liquidity loan guarantees and personal business loan guarantees. , and can also provide investment and financing guarantees, performance guarantees, etc. The enterprise needs to provide the information required by the guarantee company, and the guarantee company will evaluate its solvency.

1. Is the loan agency fee legal?

Article 40 of the Law of People's Republic of China (PRC) on the Promotion of Small and Medium-sized Enterprises stipulates that the state encourages all kinds of social intermediary agencies to provide small and medium-sized enterprises with services such as entrepreneurship assistance, enterprise diagnosis, information consultation, market consultation, investment and financing, loan guarantee, property right transaction, technical support, talent introduction, talent training, foreign cooperation, exhibition and legal consultation.

Therefore, as long as the loan intermediary does not engage in illegal loan fraud and the service fee does not exceed the standard, then the law is allowed. Some borrowers consult loan procedures and processes in lending institutions, and customer service personnel require a 4% service fee. In fact, there are credit managers in the bank who specialize in loans, and there are also expenses for facilitating transactions, which are only included in the loan cost.

2. Why do you want to find a loan intermediary?

Formal and reliable loan intermediaries can help borrowers a lot. The biggest advantage lies in strong connections and rich experience. It can help borrowers analyze their own strengths and weaknesses, recommend suitable products, and inform you of the latest information of lending institutions, such as which bank has recently tightened lending, which loan products have stopped lending, and which loan interest is the lowest.

When we apply for a bank loan, often a little problem may lead to loan failure. A good intermediary can help you avoid these problems as much as possible.

In short, if you find a good loan intermediary, you can save a lot of things and avoid detours, so it is appropriate to pay a certain service fee, but you must remember to find a formal and legal institution, otherwise you will easily fall into the trap of a liar.

The intermediary package loan has been repaid. Is it possible for the bank to pay it back?

Possibly, the loan contract stipulates that loan funds are prohibited from flowing to high-risk areas such as real estate, stocks, gambling and investment.

After issuing a loan, the general bank may ask the customer to provide a proof of consumption to ensure that your loan will not be used for illegal purposes. If it cannot be provided, it is likely that the loan will be recovered in advance. In the process of economic development, sometimes the economy will overheat. After a high level of inflation, most policymakers will tighten monetary policy and limit the scale of loans or the direction of industries. At this time, a large amount of funds will need to be returned to the bank, and the bank has to choose to stop or recover some loans that have been issued in advance because of the reduction in loan scale or the limited loan direction.

I got a loan packaged by an intermediary company. Did I break the law?

If the other party is suspected of fraud, I suggest you call the police in time and wait patiently for the police investigation results. In case of subsequent disputes, you can entrust a lawyer to intervene to protect your legitimate rights and interests to the greatest extent. Those who participate in crimes such as credit cards, fraudulent loans and false invoices shall be investigated for criminal responsibility.

"the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of People's Republic of China (PRC) (Trial)" stipulates in Article 68:

"If one party intentionally informs the other party of false information, or intentionally conceals real information to induce the other party to make a wrong expression of intention, it can be considered as fraud." According to this provision, the crime of fraud must meet the following conditions:

First, the fraudster has the intention to cheat. The so-called intentional fraud refers to a psychological state in which the fraudster wisely informs the other party that the situation is false, which will make the deceived person fall into wrong understanding and hope or let this result happen.

Second, fraudsters commit fraud. The so-called fraud refers to the act of fraudsters deliberately concealing facts or telling false information through language, words or activities. Including fabricating, changing and concealing facts to make the deceived fall into mistakes, deepen mistakes and keep mistakes.

Third, the victim's mistake is based on the swindler's fraud, that is, the victim fell into the mistake not because of his own negligence, but because of fraud. The mistake here refers to the lack of understanding of the main contents of the contract by the parties.

If the deceived person does not fall into a mistake, even if the fraudster has the intention and behavior of fraud, the legal consequences of fraud will not occur. At the same time, there is a causal relationship between fraud and falling into mistakes.

Fourth, the deceived person expressed some meaning because of his misunderstanding. The so-called expression of will refers to the act of expressing the thinker's intention to establish a legal act externally. When a fraudster expresses his will, he thinks it is his true will, which will cause the expected legal consequences. In fact, because of fraud, it means that the expected legal consequences will not happen.

In addition, fraud must violate laws and regulations and the principle of good faith. It is beneficial to society and others, and good faith fraud does not constitute fraud.

Extended data

The elements of fraud include:

(1) One party must have the intention of fraud. The so-called fraudulent intention refers to the subjective attitude of the fraudster who knows that his fraudulent behavior will make the deceived fall into a wrong understanding, hoping or letting this result happen.

(2) The fraudster has committed fraud. Fraud generally includes deliberately telling false information and deliberately concealing true information.

(3) The deceived party was wrongly judged for fraud. In other words, there is a considerable causal relationship between fraud and misjudgment results.

(4) The fraudster expresses his will based on wrong judgment.

The victim's misunderstanding of the victim due to fraud is not due to his own negligence, but to the fraud of fraudsters. The so-called mistakes refer to the defects in understanding the contents of the contract and other important situations.

The fraudster wrongly expressed his will, which means that the thinker expressed his intention to establish a legal act (Wang Liming's New Civil Law, Volume I, p. 376).

It can be seen that the expression of will is a kind of behavior, and it is the behavior of dreamers to express their psychological state externally. It consists of three elements, namely effective meaning, expressive behavior and expressive meaning.

The signifier and the signified hope to make the content they express legally effective, that is, effective meaning; The way to express the inner meaning of the actor, that is, to express the behavior; To express external meaning by expressing behavior is to express meaning.

The principle of good faith is the most basic principle of civil law, which requires the parties to exercise their rights and perform their obligations in a good, honest and conscious way. This principle is stipulated to balance the interests between the parties and society.

Fraud: make the other party have a wrong understanding, which is caused by the fraud of the actor; Even if the other party has some misjudgments, it does not prevent the fraud from being established.