"I have paid off all the loans and paid the insurance money on time. Why don't you refund my deposit? " Recently, Mr Duan called the public hotline 12345 to reflect his recent troubles. It is reported that in 20 13, Mr. Duan bought a private car in a 4S shop on Jinghua Avenue in Dezhou Economic and Technological Development Zone. At that time, he paid the installment payment for three years, and the staff of the 4S shop helped him buy a car and asked him to pay the 500 yuan deposit. "They didn't specify how much the deposit was. They only said that they would pay by installment and asked to pay auto insurance to the designated insurance company within three years. " Mr. Duan said.
Now that the loan has been paid off, when he went to refund the deposit, he received a reply from the staff of the 4S shop, asking to change the insurance company to insure the car, "renew the insurance myself and not refund the deposit".
Then the reporter contacted a staff member of the 4S shop for consultation. It is reported that this 500 yuan deposit is called renewal fee. According to the company's regulations, every consumer who borrows money to buy a car must pay. This is mainly based on the consideration of reducing the risk of bank repayment. Generally, there are cooperative insurance companies in 4S stores, and they will ask consumers who borrow money to buy cars to buy four major insurances: car damage insurance, third party liability insurance, burglary insurance and vehicle personnel liability insurance. If consumers choose their own insurance company or insurance type, if the loan vehicle is seriously damaged or lost, and the owner loses the repayment ability because he has not purchased all the insurance, the bank that provides the loan will bear the above risks. Paying the renewal deposit is only to ensure that consumers go to the designated insurance company to buy the designated insurance. "No matter whether the loan is paid off or not, the loan will not be renewed here, and the renewal deposit will not be refunded." The staff explained that this is also a company regulation.
The reporter learned that it is not a case to pay the renewal deposit for car loans. According to industry insiders, in addition to avoiding risks during the loan period, on the other hand, it is to earn rebates from insurance companies.
Song Guohua, a lawyer of Shandong Xindagong Law Firm, believes that the purchase of insurance should follow the principle of voluntariness, and the dealer collects the renewal deposit in the name of mortgage agent, which first infringes on consumers' right to choose independently. Secondly, there is no legal basis for advocating deposit and loan renewal to prevent and control loan risks. If the bank believes that the mortgaged vehicle is at risk of damage or loss, it may require the owner to pay insurance, provide new collateral or repay the loan in advance. In other words, even if the deposit is collected to prevent and control risks, after the consumer pays off the car loan, the vehicle no longer needs to be used as collateral, and there is no reason for the 4S shop not to refund the deposit. It is understood that for Mr. Duan's situation, the Municipal Consumers Association has been involved in coordination.
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