Original title: melon seed platform to buy a second-hand homicide car, the woman wants to sue sun Honglei! Public security response
'exclude the soaking car; Remove the burning vehicle; Excluding major accidents, there are "259 professional tests" and "the car is in good condition and safe to buy". This is an online advertisement for direct sale of second-hand cars with melon seeds.
In March, Ms. Meng, a citizen of Shenyang, spent 139400 yuan to buy a second-hand car called 'original paint' at the strictly selected direct sales store of second-hand cars in Shenyang melon seeds, which was rejected during the annual inspection. After inquiry, she learned that the car involved in a major traffic accident and has not been closed. It is an accident car that caused the death of passengers.
How to handle the transfer procedures for the accident vehicle that has not been closed? Has the car with major traffic accident met the 'strict selection' standard of melon seed second-hand car?
On the 23rd, Ms. Meng and her family said that they would advocate the requirement of "one refund and three compensation" to the "melon seed second-hand car". If the other party could not agree, they would sue the "melon seed second-hand car" and its advertising spokesman Sun Honglei through legal channels.
The reporter came to the second-hand car service hall near Santaizi to find out.
'original paint' used car for three months
The case involving human life accident has not been closed
On March 24 this year, Ms. Meng and her mother, Ms. Jiang, bought a second-hand car at the strictly selected direct sales store of second-hand cars in Shenyang, with a price of 139400 yuan.
"We bought the car with a loan. In addition to the down payment of 46000 yuan and a 9% service fee of more than 10000 yuan, we paid a total of more than 50000 yuan."
On the same day, the staff of 'melon seed used car' took Ms. Meng and Ms. Jiang to go through the transfer procedures. Through a 'green channel', the car was transferred to Ms. Jiang, Ms. Meng's mother.
Ms. Meng said that at that time, the salesperson of the 'melon seed used car' introduced that the SUV was a two-year car, driving more than 10000 kilometers, and promised to be the 'original paint'.
On July 11, Ms. Meng carried out the annual vehicle inspection normally, but was rejected by the staff and asked her how she bought the car.
"He said there was a major accident in the car, the case was not closed, and the ownership could not be transferred. He asked me how I bought the car." This confused Ms. Meng.
After that, Ms. Meng found a strictly selected direct selling store for second-hand cars in Shenyang. Two staff members went to the first brigade of traffic police expressway of Shenyang Public Security Bureau with Ms. Meng and her mother for verification.
Relevant case information was queried according to the frame number of the vehicle: at 8:27 p.m. on September 7, 2017, the driver Liu Moumou drove the vehicle from south to north to 1km away from Shenhai Expressway and had a rear end collision with a trailer. Xu, the passenger in the car, died after ineffective rescue.
In the relevant records, the reporter saw that Liu, who was driving the car at that time, was only 19 years old and his driver's license was still in the internship period. He was not allowed to drive the car to the expressway accompanied by a driver with more than 3 years of driving experience.
Vehicles involved in human life accidents
Does it meet the 'strict election' standard?
In addition, Ms. Meng also inquired about the maintenance records of the car after the accident. The record shows that 5 parts including bumper, engine cover and door have been replaced or repaired, 'this certainly can't be regarded as a small scratch and collision accident?'
Does a major accident involving human life meet the 'strict election' standard of 'melon seed used car'?
The family members of the parties showed reporters the accident records of the car.
Major accident vehicle not closed
'melon seed used car 'how to live?
Because the accident is in a 'locked' state, how does the staff of 'melon seed used car' take the buyer to go through the transfer procedures for motor vehicles that cannot be traded?
On the 23rd, the reporter came to the strictly selected direct selling store of second-hand melon seeds located in Huanghe North Street in Shenyang for an interview. After waiting for half an hour, the front desk staff asked the reporter to leave his contact information.
At about 4 p.m. on the 23rd, a woman surnamed Wang who claimed to be the public relations department of melon seed used car headquarters called reporters and said that she needed to investigate and give a reply after understanding whether there were violations in the process of 'strict election standards' and handling transfer procedures.
The owner asked for one refund and three compensation. The seller disagreed
Ms. Meng told reporters that after discovering this matter, she had repeatedly taken the initiative to negotiate with melon seeds used cars, but the other party's attitude was not positive.
Ms. Meng said that the first reply given by melon seeds used cars was that they can return the car, but the loss cost of three months from buying the car to returning the car should be deducted. Ms. Meng and her mother did not agree.
The second solution of melon seed used car is to return the car in full, but the paid auto insurance and other fees cannot be refunded. Ms. Meng and her mother also did not agree and put forward the requirement of "one refund and three compensation".
The third time, the reply of melon seed used car to Ms. Meng is: return the car and compensate three times the service fee. Ms. Meng still did not agree.
Ms. Meng believes that according to the provisions of "one refund and three compensation" in the consumer protection law of the people's Republic of China, melon seeds used cars do not inform people of major accidents and large-scale repair after vehicle accidents in the process of second-hand car sales, which is a fraud. " On the basis of returning the car, compensation shall be made according to three times the car price. "
'melon seeds used cars are used cars purchased and then sold to buyers. We also signed & lsquo; Vehicle sales contract & rsquo;, Party A in the sales contract is the employee of melon seed used car. And we have two car payments, all from & lsquo; Melon seed financial leasing (China) Co., Ltd. & rsquo; Paid. " Ms. Meng believes that because the two sides are buyers and sellers, 'melon seeds used cars' should be compensated for three times the price of the car.
'ms. Wang of the public relations department of melon seed used car headquarters' confirmed this dispute on the phone and stressed that 'melon seed used car' was the service platform. The two sides did not reach an agreement on this dispute.
Shenyang owners want to sue melon seeds used cars
And spokesman Sun Honglei
Ms. Meng told reporters that the car in question was the second car bought by the family in the melon seed second-hand car. She took a fancy to the 'strict selection' service of the melon seed second-hand car label and her trust in the advertising spokesman Sun Honglei.
There are still pictures of sun Honglei, the spokesman, on the front page of melon seed used cars
Compared with some second-hand car markets bought and sold by individuals, melon seeds will charge a 9% service fee in addition to selling second-hand cars, 'my car of 139400 yuan, & lsquo; Melon seeds & rsquo; They charged me a service fee of more than 12000 yuan. "
However, after spending so much service fee, '& lsquo; Melon seeds & rsquo; I was sold a car with a major accident involving human life. Where is Yan Xuan? Where is safety? "
Ms. Meng believes that there is a legal basis for her request to "refund one and compensate three" according to the car payment. If the negotiation fails in the end, they will consider filing a lawsuit against the melon seed used car and its advertising spokesman Sun Honglei.
"Sun Honglei has always been my idol. The reason why I chose to buy a car in melon seeds is largely due to my trust in my idol. I didn't expect such a thing to happen. I'm very disappointed with him (Sun Honglei)." Ms. Meng said.
Should sun Honglei 'carry the pot'? Jiang Wanpeng, a lawyer from Liaoning Hexuan law firm, said that if the dispute between consumers and operators involves false advertising, according to the provisions of the new consumer law, not only operators need to bear the responsibility, but also other responsible subjects, including advertising publishers, need to bear joint and several liability, and consumers can file a lawsuit with advertising spokesmen.
Response of traffic police detachment of Shenyang Public Security Bureau
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