Hundreds of Volkswagen car owners are worried about their credit information when they buy a car in full but carry a loan.
Recently, a number of FAW-Volkswagen owners reported to Consumer Report that they bought a car in full at a 4S official store in Nantong, Jiangsu Province, and later found that they had borrowed a sum of money from Volkswagen Finance Company, but they never received the loan, and the loan was used for other purposes by the 4S store.
At present, according to the owner, the 4S stores involved are empty, and only a few owners have repaid the loan. There are still a large number of car owners in debt, and some car owners' credit information has even been negatively affected.
How to implement such a "routing loan"? How should car owners protect their rights? What legal responsibilities do 4S stores and the public need to bear? To this end, Consumer Report conducted an interview survey.
Buying a car in full but inexplicably carrying a loan.
"I obviously bought a car in full, and I don't know how to borrow more than 60,000 yuan." Mr. Liu said inexplicably.
At the end of last year 10, Mr. Liu bought a sagitar car in full at Nantong Xinhu Automobile Trading Service Co., Ltd. (hereinafter referred to as Nantong Xinhu 4S Store), the official store of FAW-Volkswagen.
"When buying a car, the salesperson said that there was a car subsidy activity, and 5,000 yuan was returned within 1 month after the vehicle was registered." Faced with such preferential activities, Mr. Liu signed a car purchase contract.
▲ Mr. Liu's car purchase contract
According to Mr. Liu's memory, regarding the car purchase subsidy, the sales staff said that they needed to "sign some documents to help with the process". "At that time, we did take some documents to sign for us, and the sales staff did not remind us to look at the contents of the documents in detail. The other is to sign directly in the blank space of the tablet. "
In Mr. Liu's view, this may be just a routine document to be filled out in order to get a car subsidy. Unexpectedly, Mr. Liu has since embarked on the road of safeguarding rights.
"After receiving the repayment notice, I realized that there was a loan on my back." Mr. Liu said that he received a short message from "Popular Finance" telling him that he would pay back a loan of 60,000 yuan before June 27 this year.
▲ Mr. Liu received a repayment reminder from Volkswagen Finance.
Subsequently, Mr. Liu took the loan contract and other documents from the Public Finance Department and found that he did borrow 60,000 yuan from the public finance. "I bought a car in full. The salesman never mentioned the word' loan' in the whole process of buying a car, and I didn't sign any loan and mortgage agreement. I suspect that the signature on the loan contract was left on the tablet at that time. "
Mr. Liu said that he had never received the loan. "Nantong Xinhu 4S shop not only received the money for our full car purchase, but also used our information loan to overcharge a loan, and the owner had to repay the loan."
Mr. Liu felt very helpless when he bought a car in full but encountered a "routine loan". Mr. Liu said that he has not received the so-called subsidy cashback promoted by Nantong Xinhu 4S Store. However, Mr. Liu's experience is only the tip of the iceberg of this scam.
About 500 people have encountered routine loans, and the amount involved may reach tens of millions of yuan.
Mr. Liu said that there are nearly 500 people who have similar experiences with him. Among them, some car owners reported that the sales staff of Nantong Xinhu 4S store used words such as "car purchase subsidy" and "replacement subsidy" to induce consumers to buy cars and sign relevant documents, but most car owners did not receive the so-called "subsidy".
For this reason, Consumer Report made detailed statistics on some victims, and obtained the valid data of 188. Details are as follows-
Judging from the time of buying a car, nearly 97% of 188 car owners will buy a car in 2020. Among them, from April to June in 2020, the car purchase time accounted for the highest proportion, reaching 37.8%. From July to September last year, 30.3% of car owners bought cars.
▲ Cartography: Consumer Report
In terms of the loan amount of injured car owners, the number of people who borrowed 50,000-70,000 yuan reached 103, accounting for nearly 55%, the number of people who borrowed 70,000-65,438+10,000 yuan reached 23.4%, and the number of people who borrowed 654,38+10,000 yuan also reached 20.7%.
▲ Cartography: Consumer Report
In the face of this inexplicable car loan, 90.4% of the car owners said that "the 4S shop did not repay in full", and 2.7% of the car owners had repaid themselves and suffered unnecessary economic losses.
▲ Cartography: Consumer Report
In loans overdue, the number of overdue people accounts for nearly 63%, and the proportion of overdue car owners is 1 month and less than 3 months 18. 1%.
▲ Cartography: Consumer Report
74.5% of car owners choose "Yes" because loans overdue will have a negative impact on credit investigation and other financial use.
▲ Cartography: Consumer Report
It is conservatively estimated from the above data that if the average "lending" amount is 50,000 yuan, then the amount involved has reached 25 million yuan.
At present, under the intervention and supervision of the local regulatory authorities, Nantong Xinhu 4S Store has begun to repay. However, compared with the positive attitude when buying a car, Nantong Xinhu 4S shop has a slow repayment speed, and only solves the loan problem of about 2 consumers every day.
According to the data provided by Mr. Liu, as of July 20, there were only 37 car owners who had repaid their loans to Nantong Xinhu Store, and some of the loans of these 37 car owners had not been fully repaid.
Does the 4S shop involved have repayment ability?
As an official dealer authorized by FAW-Volkswagen, why should Nantong Xinhu 4S store be so profitable?
Some car owners have questioned that Nantong Xinhu 4S store may be in poor operating condition, so this method is used to collect money. "Last June, 5438+065438+ 10, I found that Nantong Xinhu 4S shop didn't sell cars. By this year, the situation is even more serious, and people go directly to the building. " Mr. Liu said.
However, on July 2 1 day, the official website of FAW-Volkswagen can still find information about Nantong Xinhu 4S store as an official dealer.
▲ Nantong Xinhu 4S shop has gone to the building.
According to Tianyancha data, Nantong Xinhu 4S store was listed as a restricted high-consumption enterprise by the court in May this year. In just four months from March to July this year, Nantong Xinhu 4S Store became the executor for nine times, with the total execution target exceeding 204 1 10,000 yuan. In addition, Nantong Xinhu 4S store still owes 7.92 million yuan in taxes.
▲ Nantong Xinhu 4S Store became a restricted high-consumption enterprise and was executed many times (screenshot from Tian Yan)
Yongxin Automobile Group Co., Ltd. (hereinafter referred to as Yongxin Group), the largest shareholder of Nantong Xinhu 4S Store, is also in unsatisfactory operating conditions. According to the data of Sky Eye Survey, in April this year, Yongxin Group became a discredited company publicized by the Supreme People's Court. Since June 5438+February last year, Yongxin Group has carried out six times, with a total execution target of more than 256 million yuan.
▲ Yongxin Group became a restricted high-consumption enterprise and was executed many times (screenshot from Tianyancha)
To this end, Consumer Report repeatedly called Yongxin Group and Nantong Xinhu 4S Store, but no one answered. On July 2 1 day, a person in charge of Nantong Xinhu 4S store who was involved in handling the rights protection incident told Consumer Report: "At present, the work of helping car owners to repay their loans has been carried out one after another, and everything is progressing normally." The person in charge did not respond to questions such as the specific time node to help all car owners complete the loan repayment.
Does the official finance of FAW-Volkswagen and Volkswagen help?
According to the car owners, the providers of their "loan" projects are all Volkswagen Finance (China) Co., Ltd. As can be seen from official website of Volkswagen Finance (China) Co., Ltd., the company provides car loan services for Volkswagen products such as FAW-Volkswagen, Audi, SAIC- Volkswagen, Skoda and Jetta.
According to the survey data, Volkswagen Finance (China) Co., Ltd. was established in 2004, and Volkswagen Financial Services Co., Ltd. holds 100% of the shares. Its business scope includes providing auto loans, accepting auto loan deposits from auto dealers and car rental deposits from lessees. It is the official financial product provider of Volkswagen in China.
Consumer Report consulted several Volkswagen brand 4S stores in Guangzhou as ordinary consumers, and the other party said that if they choose to buy a car by loan, customers can enjoy the car loan services of financial institutions such as Volkswagen Finance (China) Co., Ltd. "We can help our customers deal with loan products provided by public official financial companies. The specific situation requires customers to go to the store to consult the actual car purchase price, down payment ratio, interest rate, etc. "
▲ Nantong Xinhu 4S Store was awarded the title of "loyal partner" by Volkswagen Finance (China) Co., Ltd.
According to the above-mentioned car owners, when buying a car, they choose to buy a car in full, and the sales staff never mentioned the problem of car loan. When signing the relevant documents, they either "only show a corner for us to sign" or "sign in the blank space of the tablet". Why can such a car purchase process pass the loan review process of Volkswagen official finance?
Then, in this collective rights protection incident, apart from the improper operation of Nantong Xinhu 4S store, is there any omission in the review and issuance of loans by public finance? Does FAW-Volkswagen have any shortcomings in the management of dealers?
To this end, Consumer Report sent an interview letter to FAW-Volkswagen and Volkswagen Finance (China) Co., Ltd. for inquiry, but no reply was received before the press release.
Mr. Liu said that he repeatedly called the customer service phone of FAW-Volkswagen and Volkswagen's official finance to make complaints. "The customer service staff said that it can only be solved through coordination. Until today, we have not seen people from the manufacturers come to the scene to help solve the problem. "
Lawyer's interpretation: The 4S shop involved may constitute fraud.
Guo Xiaoming, a legal blogger @ Tan Dian and a lawyer of Sichuan Juheng Law Firm, pointed out that in this case, if the owner did borrow money from the 4S shop by using personal information without knowing the car loan, then the behavior of the 4S shop may constitute fraud.
"If the public finance company does not carefully and rigorously review the information such as the identity of the owner, there will be a problem of lax review. The regulatory authorities can intervene in the investigation and make corresponding treatment. The owner can also ask the loan company to bear the responsibility of lax review. " Guo Xiaoming said.
In response to the question of how car owners can protect their rights, Guo Xiaoming said that car owners can bring a lawsuit to the people's court, demanding that the 4s store and Volkswagen Finance Company cancel the loan contract, and demanding that the 4S store and Volkswagen Finance bear the responsibility of compensation for losses.
"When buying a car, consumers must carefully read all the contract terms and verify the signed information. Once you encounter a' routine loan', you can complain and report to the administrative department at the first time. If you can't negotiate with the other party, you can bring a lawsuit directly to the people's court to safeguard your legitimate rights and interests. " Guo Xiaoming reminded consumers.
Consumer Report will continue to pay attention to the latest development of FAW-Volkswagen Nantong Xinhu 4S store's "routine loan" incident.