Original title: the address book was exposed by the lending platform to obtain the overdue friends' bank accounts
Sihai science and technology news has not paid the overdue loan through the online loan platform, and friends around them have received the collection information including the bank card number. Recently, Li Xuan, a man from Leshan, Sichuan, encountered such a strange incident. According to the lending platform, it has a cooperative relationship with a third-party collection agency and is not clear about its specific 'working method'.
According to industry insiders, it is a common practice in the current collection industry to collect personal information through mobile phone address book information, compare personal information purchased through the Internet, and then implement accurate collection. The lawyer said that if the collection behavior leads to serious consequences, both the platform side and the collector should be held responsible. The Beijing Municipal People's court yesterday warned that debtors should report to the police in time when they encounter violent collection and actively choose legal remedies.
Mobile phone address book obtained by lending platform
Li Xuan, from Leshan, Sichuan Province, invested in a cafeteria. He told the Beijing news that at the end of 2016, due to the rupture of the capital chain of his restaurant, Li Xuan began to seek loans through the online loan platform instead of seeking loans from friends. Since then, Li Xuan has lent 7000 yuan through the paipai loan platform, intending to make a 'turnaround'.
Li Xuan told the Beijing news that he agreed to authorize the other party to obtain information such as the mobile phone address book when he borrowed from the paipaidai client.
However, after the loan of 7000 yuan was invested, Li Xuan's restaurant business did not get much better. Li Xuan's loan, with a monthly interest rate of 3%, will continue to be repaid for 12 months from November 2016. However, because of the high interest rate, Li Xuan began to overdue repayment. By January 2018, more than 3000 yuan has not been returned. By May this year, the figure had rolled to about 4800 yuan.
A friend is threatened to be blacklisted when he receives a collection call
In May this year, Li Xuan received a phone call from a friend, saying that he received a collection call because of his debt, and the other party asked for help to urge Li Xuan to repay, otherwise he would be listed in the 'dishonest list'. The friend also said that the collector can not only give his name, but also provide the mantissa of his bank card number and previous loan information.
Since then, Li Xuan has received calls from friends saying that he has received similar collection calls. "Why do I check my friend's information about the money I owe?" Li Xuan and his friends were surprised at how the collection company obtained the above information.
Yesterday, a Beijing News reporter contacted many of his friends through Li Xuan and confirmed that he had received similar collection calls.
Collection of bank card information of multiple friends in 'notice'
In addition, Li Xuan also received a collection 'notice' via mobile email, saying that because he failed to repay the loan on time, the third party company had verified through the court and the bank that Li Xuan had sufficient cash flow information.
At the bottom of the notice, the tail numbers of bank cards under the names of 'Yuanli', 'Beiming', 'Caixia' and 'Yuan' are attached, involving a number of banks including industrial and Commercial Bank of China, Bank of communications and Agricultural Bank of China. The names of Yuanli, Beiming, Caixia and Yuan are the remarks in Li Xuan's mobile phone address book. The notice also said: 'once the inspection is successful, we will apply for freezing the bank cards in your name and those in your immediate family. '
Follow up
Patting loan
I don't know how to collect debts
Yesterday afternoon, Beijing News reporter contacted paipai loan platform accordingly. A customer service staff member said that the platform has no channel to understand the personal information of the borrower's friends. "Paipai loan platform will not operate in this way, and has no right to include the borrower's friends in the dishonest list." however, it said that the platform has cooperative relations with other Dunning agencies. 'we don't know whether they (collection agencies) will use certain ways to inquire for collection. 'the customer service staff did not disclose the information and contact information of the collection agency.
A person in the industry who once engaged in online collection said that some collection companies will maintain business cooperation with various lending institutions. The platform provides the information of the overdue person, including the note name and contact information of relatives and friends in the address book. After receiving the information, the collectors purchase the network information including mobile phone number, bank card number, etc., and implement fixed-point 'collection'. It said that on the Internet, such personal information is not difficult to obtain, with an average of only a few cents' flowing out through various channels'.
Li Xuan said that Yuanli, Beiming and others are his friends. "How can we query their personal information at will?" Li Xuan feels "uncomfortable" about this collection method. He said that if the collection platform continues to harass his friends, he will consider solving this problem through legal channels.
■ cases
Second people's Hospital
Extreme ways lead to debt crime
Yesterday morning, the second central people's court called for a meeting. From 2015 to 2017, the court tried 20 criminal cases caused by private small loans, involving an amount of 100 million yuan. Among the typical cases announced by the court, there is a homicide case caused by illegal and violent collection: the man who borrowed money but did not return it was detained by the collector and jumped off a building to commit suicide after being humiliated.
The case shows that in 2015, entrusted by his brother-in-law Chen, Wei borrowed 900000 yuan from Shao in his name, with a monthly interest rate of 1.8%. Later, his brother-in-law failed to repay due to business losses. Shao entrusted Wang and others to ask Wei for debts. Wang and others in Fengtai District of the city a building and other places to detain Wei, limiting their personal freedom, asking for debts. During the period, there were insults and corporal punishment. On the seventh day of detention, Wei committed suicide by jumping off a building.
In 2016, the second people's court sentenced Wang, Liang and LV to 12, 10 and 9 years' imprisonment respectively for the crime of illegal detention.
According to the judge, this case is due to the debtor's lack of integrity awareness or the inability to repay in time, and the creditor's violent demand for debt in extreme ways, which leads to the debt crime. In some crimes involving high interest loans, there are also some characteristics such as the professionalization of debt collectors, the industrialization of loans and the gang crime.
■ analysis
Collection leads to serious consequences? The loan platform should also be held responsible
Wang Yongjie, a lawyer of Beijing zeyong law firm, believes that the relationship between the loan platform and the collection agencies is business cooperation, and if they do not understand the collection means, they can be regarded as ordinary commercial transactions. If the loan platform provides the information of the borrower and its related contacts to the collection team, it is suspected of divulging personal information.
Wang Yongjie also said that if the loan platform knows that the other party may use illegal collection means and still carries out this business, it also needs to bear joint and several liability; if frequent collection behavior leads to serious consequences, both the loan platform and the collector should bear liability.
The judge of the second intermediate people's court said that firstly, the borrower lacks legal knowledge and risk prevention awareness. In addition, the private small loan collection has strong legal ability to evade illegal collection, which makes it difficult for the regulatory authorities to grasp in time and it is difficult to crack down on crime.
The judge suggested that the public should strengthen legal awareness, strengthen risk prevention, timely report to the police when the debtor encounters illegal and violent collection behavior, and actively choose legal remedies.