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Personal loan, bank compensation 25,000

Time: 2014-03-21         Source: Chengdu Business Daily         Author: Chengdu Business Daily

        If someone borrows their own nameloanStill not paying back on time, affecting your own credit... It’s a bit chilling to think about it. Mr. He from Wangcang County, Guangyuan City, encountered such an anecdote in September this year.

And a loan of 100,000 yuan in his name is not a friend who knows his personal information, but a bank. The bank used Mr. He’s personal credit information loan and did not repay the loan on time, which had a negative impact on Mr. He’s personal credit. On November 13, after the mediation of the Wangcang County Court, the bank compensated Mr. He 25,000 yuan and was responsible for updating his personal credit information.

"Loaned" 100,000

Failure to return credit on time

Mr. He went to Wangcang County for business in January 2008. He had been unable to turn over the funds for a while.Bank loan100,000 yuan. After the loan expired, Mr. He paid the principal and interest to the bank on time.

In September this year, Mr. He applied for a loan to Wangcangyi Bank for expanding his business scale. However, after the formalities were completed, the bank said that it could not issue loans. As stated in the Bank Customer Credit File, Mr. He had a loan record of 100,000 yuan in other banks in April 2011 and has expired. Repayment.

Mr. He heard it, very surprised, 遂 queryPersonal credit reportOnly then did they know that "there is something wrong with it." But he borrowed a loan in 2008, and it was still; and the bank that allowed him to be "loaned" in 2011 was not the one he had loaned.

Bank acknowledges mistake

Willing to restore credit compensation 25,000 yuan

Mr. He immediately found a bank that was “loaned” and asked the bank to immediately correct his personal credit information and compensate him for various economic losses and mental damages of 200,000 yuan. After Mr. He’s claim was rejected, he was sued to the Wangcang County People’s Court on November 10. Subsequently, the court organized the bank to conduct mediation with Mr. He.

In mediation, the bank acknowledged the fact that Mr. He had a bad record in his loan system. Wang Cang County Court Judge mediation pointed out that the fact that Mr. He was refused in his loan was due to the bank’s intentional use of Mr. He’s personal credit information for loans, and the loan was not repaid on time, to Mr. He’s personal Credit has had an adverse effect and the bank is at fault.

According to the law, the basic database of personal credit information is an integral part of the citizen's personality rights. Therefore, the bank caused Mr. He’s personal credit information to be derogated, which in fact violated Mr. He’s personality rights. Therefore, Mr. He has the right to require the bank to change his personal credit information data, that is, the bank is required to bear the civil liability for stopping the infringement, and the material and moral losses caused by Mr. He should also bear the civil liability for compensation.

After mediation, the bank recognized its mistakes, decided to update Mr. He's personal credit information, and was willing to pay 25,000 yuan; Mr. He also forgives the bank's fault and accepts compensation.

Industry insiders

Timely inquiry of personal credit information

Chengdu Business Daily reporter interviewed the Guangyuan Branch of the Sichuan Banking Regulatory Bureau yesterday. Qi Zhiyong, director of the office of the bureau, said that in recent years, the bureau’s complaint about “customer’s bank loan” was zero, and the incident needs investigation. If it is true, it may be a cooperation agreement for some information sharing between some commercial banks. At the same time, Zhai Zhiyong said that when the commercial banks make loans, they will ask the customers to be present. The inexplicable "loan" is obviously a violation of the law.

Qi Zhiyong said that the bank involved in the case "is whether the postal savings bank of Wangcang still needs to investigate." Subsequently, Deng Dazhao, the person in charge of the Guangyuan Postal Savings Bank, located downstairs from the Guangyuan Branch of the Sichuan Banking Regulatory Bureau, was sent to the upstairs office by Qi Zhiyong to communicate on the matter. Deng Dazhao said at the scene that "the investigation will be conducted immediately."

"If the bank repays the loan in time, it does not cause damage to the customer's credit. Is it illegal to use the customer information loan?" Zhi Zhiyong said: "There may be no problem." Then, "the loan" How do customers find such problems in a timely manner and how to deal with them? On-site digital industry insiders said that timely inquiry of personal credit information by customers has a certain effect on avoiding such situations.

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