Rely on others ' net loan debt exceeding 30,000 Yuan: was forced to drop out of college students-net lending, P2P, installments, students-IT information
Huanggang attended a college freshman Yu Man (not his real name) on March 21 this year were forced to drop out of school. Because he inexplicably became the "fun stage", "staging", "staging" and many other network debt collection object of a microfinance platform, debt collector, ferociously yaozhang, 19 years old, he was the one.
For their own safety, as well as teachers and students peace of mind, he had to quit school in the home, they still cannot escape the debt of harassing phone calls, to catch up with what is the crime in his home. According to press reports, in diffuse attended this school, more than him by people with debt collection, someone is said to be a hundred thousand of Yuan debts.
After receiving calls from the man called his father to, Huanggang May 12 chutian metropolis daily journalist to interview it.
Rely on others '
His name on the loan company owed network of more than 30,000 yuan
Morning of May 12, the chutian metropolis daily journalist saw at the Huanggang in the man's father Yu Jie (not his real name). "Now every day I received a call from Dun, even they couldn't do business. "Sorrow on his face. Man with his head down, and emaciated in, didn't look at the reporter.
According to Yu Man introduced, he has a junior high school student Zhang Qiang, last October, Zhang turned to him for help, said his brother-in-law, Wang wanted to installment loans to buy thousands of mobile phones from the Internet, because there is no steady-bad credit, while those network microfinance platform mainly targets University students get installment loans, wanted to borrow money on behalf of Yu Man, borrowed money from Wang Moulai.
Yu Man felt no problem, their ID card, student card into photo to Wang, also inform their school and dormitory and other personal information.
After two days, Wang Man help him, found a reason to get a campus card, take ID used to diffuse, to diffuse and did so. After a SIM card, some found in diffuse Wang to a CAPTCHA, in diffuse when playing a game, impatient at his cell phone, told Wang a verification code. Since then, Wang had not trouble to diffuse, to diffuse would be happy alone. However, he is not alone. Two months later, people with debt collection.
From the end of December last year, to diffuse into the fear of debt. "Fun stage", "staging", "staging" the three network microfinance platform pressed him to repay the principal and interest, principal and interest payment is up to more than 30,000. Debt collection calls one by one.
Yu Man recalled, before high school seniors take several to find him to sign, he thought of Wang is a loan repayment, would never want to sign them, then contracts when the rubbish away. Later learned, those seniors are "fun stage", "staging", "staging" work.
At this time, Zhang has not connected to diffuse calls Wang one more sight. In addition to phone calls, still unidentified man went to the school to threaten his repayment after his father Yu Jie know, arrived at the Newport police station to report a case.
Was its
Suspension of family or an 宁
Police advise to diffuse, to check their bank card.
Check Bank water to diffuse jump, their cards also have 30,000, 40,000 in revenue, but immediately through PayPal to turn out. Later, again "famous credits", "Le Huahua" Dun two Internet lending platform to find him, to diffuse into a bigger panic, the family didn't even mind new year.
Until March this year, Wang was still attempting to Yu Man loans on loans on behalf of the network platform. On March 21, 5 men came to the school from XI ' an in the diffuse collection, man owes to the principal, said in 1300 Yuan, interest is 300 per week, now 2 months overdue, along with 5 of them money, a total of more than 5,000 yuan.
Teacher after the alarm, police found Wang's father out of the more than 3,000 yuan, sent away the debt collector. Yu Man has to quit school, but debt collection calls quickly found his father, families panic.
Schools avoided the interview, told reporters on diffuse head teacher, students are too simple, inexplicable, like Yu Man online lending platform on the back of debt more than him, and students back a hundred thousand of Yuan debt, demanding to be paid into the school outside to harass and even find teachers for money.
Reporters followed him several civilian police of the Public Security Bureau criminal investigation Brigade came to the Wang family, still nothing. According to police investigation, Wang was unemployed, there are drug suspects.
Deputy captain of the Criminal Investigation Brigade Zhu said, Wang's behavior is certainly a civil fraud, but as to whether it constitutes criminal fraud, are still awaiting investigation, has not yet filed. Police also confirmed the diffuse schools, students with man also suffered a few, is under investigation by the police.
Counsel reminds the
Credentials don't tell others
Yesterday, the reporter interviewed Guoco Zeng Xiangbin law on the matter.
Lawyers said that diffuse and stuff like that, "Lee credits with" phenomenon is the Internet lending platform and new types of Internet financial derivative disputes, occur in inexperienced students unfamiliar and its network of older people, should arouse wide attention. Each person's identity information is particularly important, don't tell others to avoid causing unnecessary trouble.
From the case on the face of it, networks of small loan companies registered on the online platform of information, displaying the borrower, without exception are to diffuse in applications for loans, loan. In addition to using personal information to others to loan he online drifted off to sign several contracts, contracts are legally binding documents, in law, to diffuse is the borrower, loan matured now, supposedly due to diffuse legal liability. This is the perspective of the civil aspect.
But another aspects, Yu diffuse for ignorance and will himself of identity information to Wang a using, Wang a used cheat of means damage has Yu diffuse of interests, while also serious against has network financial of economic order, Wang a from a began is subjective deliberately, for diffuse of cheat motivation is obviously, while and using Yu diffuse of identity information to cheat small loan company of loan for himself squandered, Wang a has suspected fraud crime.
Lawyers suggested, with diffuse schools should actively cooperate with and reported to the local public security organs, as well as to assist in the investigation, rather than having defrauded students had dropped out. Under the first civil legal principles should be filed for investigation by the local public security authority in the present case, in the course of investigation, micro-credit companies should no longer be to diffuse to harass them for arrears until the police investigation.
轻信他人网贷欠款超3万元:大学生被迫休学 - 网贷,P2P,分期付款,大学生 - IT资讯
在黄冈一所高校就读的大一学生于漫(化名)今年3月21日被迫休学。因为他莫名成了“趣分期”、“分期乐”、“优分期”等众多网络小额贷款平台的追债对象,讨债人凶神恶煞地要账,19岁的他不堪其扰。
为了自身安全,以及老师和同学的安宁,他只能休学躲在家里,却仍难逃追债人的骚扰电话,更有甚者追到他家中索债。据记者了解,于漫就读的这所学校,被追债的学生不止他一个,有人据说欠下十几万元的债务。
接到于漫父亲打来的求助电话后,5月12日楚天都市报记者赴黄冈采访了此事。
轻信他人
他名下欠网贷公司3万余元
5月12日上午,楚天都市报记者在黄冈见到了于漫的父亲于杰(化名)。“我现在每天都会接到催债的电话,连生意都没法做了。”他一脸愁苦。而瘦弱的于漫低着头,不敢看记者。
据于漫介绍,他有一个要好的初中同学张强,去年10月,张强找他帮忙,说自己的姐夫汪某想从网上分期贷款买个几千元的手机,因为没有稳定工作不好贷,而那些网络小额贷款平台主要针对大学生搞分期贷款,想以于漫的名义借钱,借的钱由汪某来还。
于漫觉得问题不大,就将自己的身份证、学生证拍成照片发给了汪某,还告知了自己所在的学院和寝室等个人信息。
隔了两天,汪某又找理由让于漫帮他办张手机校园卡,要借用于漫的身份证办,于漫又照办了。办了手机卡之后,汪某又找于漫要过一次验证码,于漫当时在玩游戏,不耐烦地看了一眼自己的手机,把验证码告诉了汪某。此后,汪某就没再来麻烦于漫了,于漫也乐得清静。可是,很快他又不清静了。二个月以后,就有追债的人来了。
从去年12月底,于漫就陷入了被人追债的恐惧之中。“趣分期”、“分期乐”、“优分期”这三个网络小额贷款平台催他还本金及利息,本金加利息达3万多了。追债的电话一个接一个。
于漫回想起,之前曾有高年级学长拿过几份合同来找他签,他想着是汪某借款还款,想都没多想就签了字,随后把合同当垃圾扔了。后来才知道,那些学长是给“趣分期”、“分期乐”、“优分期”打工的。
此时,张强已不接于漫电话,汪某更不见踪影。除了骚扰电话,还不时有不明身份的人跑到学校来威胁他还款,父亲于杰知道后,赶到新港派出所报了案。
不堪其扰
被迫休学家人也不得安宁
警方提醒于漫,赶紧查一下自己的银行卡。
一查银行流水,于漫吓了一跳,自己的卡里竟然还有过3万、4万的进账,但立即又通过支付宝转出去了。而后来,又冒出“名校贷”、“乐花花”两个网络贷款平台来找他催债,于漫陷入了更大的恐慌中,一家人连过年都没心思。
直到今年3月,汪某还在试图以于漫的名义在各网络贷款平台上贷款。3月21日,5个来自西安的男子到学校来找于漫讨债,说于漫欠本金1300元,利息是每周300元,目前已逾期2个月了,再加上他们5个人的路费,一共要还5000多元。
老师报警后,警察找到汪某的父亲出了三千多元,把讨债人打发走了。于漫不得不休学,可是,追债电话很快找上了他的父亲,一家人惶惶不安。
校方回避了采访,于漫的班主任告诉记者,学生们还是太单纯,像于漫这样莫名其妙背上网络贷款平台债务的不止他一个,还有学生背了十几万元的债务,外面讨债的跑进学校来骚扰,甚至找老师要钱。
记者跟随黄州公安分局刑侦大队的几名民警来到汪某家,仍然一无所获。据民警调查,汪某是无业人员,还有吸毒嫌疑。
刑侦大队朱副队长说,汪某的行为肯定是属于民事欺诈,但至于是否构成刑事诈骗,还有待调查,所以目前尚未立案。警方也证实,在于漫就读的学校,有着于漫同样遭遇的学生还有几个,警方正在进一步调查。
律师提醒
身份信息不要轻易告诉他人
昨日,记者就此事采访了国浩律师事务所曾祥斌律师。
曾律师说,像于漫这种“李贷张用”的现象是随着网络贷款平台以及互联网金融而衍生出来的新类型的经济纠纷,多发生在涉世未深的大学生及对网络陌生的老年人身上,应当引起社会的广泛注意。每个人的身份信息特别重要,不要轻易告诉他人,以免造成不必要的麻烦。
此案从表面上看,网络小贷公司的线上平台上登记的信息、显示的借款人,无一例外都是于漫在申请贷款、在使用贷款。除了借用个人信息给他人去贷款,他还在线下迷迷糊糊地签了几份合同,合同是具有法律效力的文件,在法律上,于漫就是借款人,现在借款到期未还,理应由于漫承担法律上的还款责任。这是民事视角的一个方面。
但另一个方面,于漫出于无知而将自己的身份信息给汪某使用,汪某采用欺骗的手段损害了于漫的利益,同时也严重侵害了网络金融的经济秩序,汪某从一开始就是主观故意,对于漫的欺骗动机十分明显,同时又利用于漫的身份信息去骗取小贷公司的贷款供自己挥霍,汪某已涉嫌诈骗罪。
曾律师建议,于漫所在的学校应积极配合,向当地公安机关报案以及协助调查,而不是让被骗的学生休学了之。根据刑事先于民事的法理原则,本案应该由当地公安机关立案侦查,在侦查过程中,小贷公司不应当再以于漫欠款为由上门追债,直到公安机关侦查终结。