Recently, the Xicheng court ruled that the bank helped to cancel Mr. Zhang's bad loan record in the credit information system of the People's Bank of China, and made a written apology to Mr. Zhang.
Mr. Zhang said that 20 15 lost his ID card while studying in Beijing, and in July of the same year 14 was reissued by the public security organ. 2065438+April 2007, he needed a loan to buy a house, and he needed to open an account in a bank during the loan procedure. However, in the process of opening an account, he found that someone else opened an account in the bank in his name and applied for a loan of more than 5,900 yuan online, and the repayment was overdue. The bank reported the bad records to the People's Bank of China and published them in the personal credit information system, which made him unable to apply for a housing loan. Because of the record of dishonesty, relatives and friends are not willing to lend money to Mr. Zhang, which led to the postponement of his purchase.
Mr. Zhang believes that due to the illegal operation of the bank in handling the card opening business, the authenticity, completeness and compliance of the information provided by the applicant for opening an account were not strictly reviewed in accordance with the relevant regulations, which led others to open an account under an assumed name. When others handle the loan business in its name, the bank also fails to fulfill the obligation of examination, which leads to the appearance of unfavorable information in the personal credit information system of China People's Bank and damages its reputation.
Mr. Zhang asked the court to order the bank to cancel its bad credit record, eliminate the influence, apologize and compensate 654.38 million yuan.
During the trial, the bank claimed that the credit record truthfully recorded Mr. Zhang's loan information. After investigation, Mr. Zhang has a consumer loan with an amount of 5999 yuan. After investigation, the loan is a comprehensive consumer loan for college students. When applying for a loan, the applicant is required to provide the name, ID number, university and relevant student information. If Mr. Zhang denies the loan, he is also at fault for improper storage of personal information and should also bear part of the responsibility.
In addition, the bank card account information used for handling loans is true and valid, and the bank has fulfilled its review obligation in accordance with the regulations of the regulatory authorities, and there is nothing wrong with it. Although the signature in this case is not Mr. Zhang, it may be someone else's signature.
It is understood that during the trial, at the request of Mr. Zhang, the court entrusted the judicial expertise center to conduct judicial expertise on the three signatures on the card voucher materials. The judicial appraisal opinion issued by the appraisal institution confirmed that the signature was not signed by Mr. Zhang himself.
Later, the court repeatedly contacted the bank for mediation and asked for assistance in handling the application procedures for canceling Mr. Zhang's bad credit record as soon as possible. However, before the court pronounced the sentence, the bank failed to make it clear to the court that it had assisted in revoking the plaintiff's bad credit information.
The Xicheng court held that the expert opinion confirmed that the signature on the bank card account opening certificate materials involved was not signed by Mr. Zhang. Combined with other facts of the case, it can be concluded that the bank card involved was applied for opening an account in the name of Mr. Zhang by others, and the bank did not fully fulfill its reasonable review obligation in accordance with relevant regulations when using the bank card to open an account; The intentional behavior of others using Mr. Zhang's name and the negligent behavior of the bank that failed to fulfill its review obligations led to the fact that others used the name of Mr. Zhang to apply for bank cards. Mr. Zhang asked the bank to assist in revoking bad credit records, which was based on facts and supported by the court.
Regarding whether the bank's behavior violated Mr. Zhang's reputation right, the Xicheng court held that the information such as overdue repayment in the credit information system was a true and objective record, not deliberately fabricated or fabricated by the bank, and there was no infringement of fabricating fictional facts to insult Mr. Zhang. In addition, the credit information system of the People's Bank of China is relatively closed, and the general public cannot access relevant records. These records have not spread among unspecified people, and Mr. Zhang's bad credit information records will not lead to a decrease in his social evaluation. However, Mr. Zhang's bad credit record will have a negative impact on his daily economic activities such as bank loans. In addition, after both parties clearly determined that Mr. Zhang was not the actual debtor, the bank still failed to handle the application procedures for cancellation of bad credit records in time. Mr. Zhang's claim for apology from the bank was reasonable and the court supported it.
Xicheng Court finally ruled that the bank helped to cancel Mr. Zhang's bad loan record in the credit information system of China People's Bank, and made a written apology to Mr. Zhang.