Following "naked loans" and "sleeping with you to repay the loan", there are also a group of college student "creditors" at the top of the "loan chain" of colleges and universities. They either borrow money first and then lend money to earn the interest difference, or they borrow money from parents, relatives, friends, and classmates and then lend money, but they are caught in the crisis of defaulting on repayments on the online loan platform.
Attracted by the high interest rates offered by the online lending platform "Jiejiabao", Zeng Ke (pseudonym) borrowed money to invest in Jiabao when he was a sophomore at a university in Guizhou, becoming a "creditor" and "intermediary", hoping that Earn high interest differentials through low-interest borrowing and high-interest lending. "You can earn hundreds of yuan a day with 2,000 yuan."
However, starting from mid-May 2016, Zeng Ke encountered a wave of "overdues", and 470,000 yuan of the loaned money could not be recovered. . But the money borrowed has already been overdue with interest. "The original borrowed 170,000 yuan, now with overdue fees, has become 230,000 yuan, an increase of 50% in three months." In September this year, he gave up his junior year and dropped out of school to work, but every month The salary of 2,000 yuan is only enough for his living expenses.
Zeng Ke, a college student who turned from an online lender to a debtor, is not an exception.
Chen Yibin (pseudonym), a junior student in Hubei, is now facing the same situation. The 270,000 yuan loan could not be recovered, causing his debt to become overdue. "The original loan was 119,000, and now it has become 174,000."
In their view, in addition to their desire to make money quickly, some problems with borrowing money are also the reasons for the large number of overdue loans. For example, Zeng Ke was able to borrow money from Jiedibao at a relatively low interest rate, and then loaned the money out at a relatively high interest rate on Jiedibao. This obviously had management loopholes.
Zeng Yi said that platforms involving campus online loans, such as Jiedibao, Qufenqin, Famous School Loan, etc., compared with formal financial fields such as banks, have very loose lending thresholds and are prone to chain reactions. "Many people borrow money from their families. Once someone borrows a large amount of money and runs away, their family members will also be implicated. In May, one person borrowed more than 10 million yuan and disappeared."
< p>In their view, there are also problems and risks in models such as "lending to acquaintances with less risk" and "one-way anonymous lending model" claimed by Jiebaibao. When they really got involved, they discovered that most of the so-called "circle of acquaintances" were actually strangers on the Internet. The information of these netizens can be purchased 1,000 times on Taobao for 30 yuan. However, when the truth was discovered, they were unable to stop lending because they were attracted by the high interest rates.Jiejiebao’s claim that “the collection mechanism is complete and the overdue rate does not exceed 0.1%” is even more ridiculous in Zeng Ke’s view. His collection records for Jiediebao showed that Jiediebao’s collection staff called the debtor many times, but the line was always busy. Jiediebao often did not know the debtor’s real address and workplace. If the phone could not be connected, it often had to settle first. Jiedaibao customer service also asked Zeng Ke to provide debtor information, but Zeng Ke only knew the phone number and QQ number.
Want to sue Jiejiabao to pay back the money or take the initiative to collect the debt? A "loan agreement" requires signature when borrowing money, but few parties will read it carefully. It clearly states that they only bear the obligation to serve as witnesses. This agreement was evaluated by lawyers as a "profit-free" Jiejiebao agreement.
The recently released "China Youth Financial Cognition and Behavior Survey Report" shows that 48% of the college students surveyed said they could not see through the traps of campus loan fraud, and 23% of the college students surveyed believed that there were high risks. Profitable financial products are easily deceived by high interest rates.
In this regard, education scholar Xiong Bingqi believes that regulatory authorities should strengthen supervision to prevent the wild growth of illegal institutions and provide a good environment for college students to invest and manage money. "College students also need to be more cautious in financial management."
College student loan business
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Zeng Ke's overdue debtor and debt collection information.
In the beginning of the semester in September, Zeng Ke returned to the university campus in Guiyang
In December 2015, Zeng Yi, who had just entered school, came into contact with Jiebaibao for the first time after being introduced by his classmates. “In the beginning, I helped promote it and made a few hundred yuan. Later, I learned that I could earn the price difference by releasing it, and I was even more excited about the offline rebates.
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In February this year, Zeng Ke first tentatively borrowed 2,000 yuan through Jiedubao. “If you lend about 2,000 yuan, you can earn 100-400 yuan a day, and you can get the money back quickly every time.” . "
After trying it for a few weeks, Zeng Ke, who had tasted the benefits, began to consider investing money on a large scale to lend money. "At first, I asked my parents for about 80,000 yuan and invested it; later, I asked my friends around me to lend money. We publicized it and asked them to invest, and we collected about 150,000 yuan. ”
With the “support” of family and friends, Zeng Ke began to lend money through Jiedaibao in February 2016.
In addition, he borrowed 170,000 through Jiedaibao, lending I entered the IOU. “The interest rate on borrowing is low, but if you lend it to others at a high interest rate, you can earn the difference and invest the interest earned. ”
Zeng Ke said that at that time he thought it was a business without capital. In just three months, with the interest of 70,000 yuan earned, Zeng Ke successively lent a total of 470,000 yuan. .
But before he could be happy for too long, he encountered a wave of overdue loans. “A large number of overdue loans began to appear in mid-May, and May 18 was the beginning. I lent more than 470,000 yuan and couldn't get a cent back. "
Zeng Ke said that borrowing money can easily have a chain reaction. "Many people borrow money from home to family members. Once someone in the middle borrows a large amount of money and runs away, their family members will also be implicated. In May, one person bought more than 10 million yuan and disappeared. "
Zeng Ke is also one of the families whose primary and secondary schools have been implicated. The money he borrowed cannot be recovered, but interest has been added to the money he borrowed. "If the money cannot be recovered, the money borrowed will be overdue. I originally borrowed 170,000, but now after adding overdue management fees, it has become 230,000. ”
I thought the debtor would be able to recover the money slowly, but what Zeng Ke didn’t expect was that from May to now, except for a few acquaintances
small amounts of money, He still has nearly 470,000 yuan in loans that he cannot repay.
In Zeng Ke’s social group called Jiebao, he is not the only college student who is in debt crisis.
Chen Yibin, a junior at a normal college in Hubei, used to be Zeng Ke’s “supervisor” in Jiedaibaoli. “In the early days, I lent all my money to intermediaries (referring to middlemen who borrow money from online loan platforms and then lend money). , like him (Zeng Ke) is an intermediary, lending me money at low interest rates, adding interest and then lending it to others. ”
Chen Yibin claims to be a relatively cautious person. He started to contact Jiejiabao in October 2015. At first, he did not dare to invest easily and “has been waiting and watching.” It was not until March 2016 that he started borrowing money. Baoshang issued its first loan.
“In the beginning, the loans were all lent to intermediaries. If you lend 1,000 yuan for 7 days, you can earn 80 yuan in interest. After tasting the benefits, Chen Yibin began to invest a lot of money, "I have about 30,000 yuan myself, and the rest I borrowed from friends and other online loan platforms." ”
Chen Yibin borrowed nearly 100,000 yuan from friends, and borrowed another 119,000 yuan from platforms such as “Qufenqi” and “Famous School Loan”, and successively invested in online loan platforms to lend, plus the previous earnings With interest, he lent 270,000 yuan in one day.
However, before he could sit back and enjoy the interest, he ran into the "overdue wave" of Jiedubao in mid-May. There's almost no money back. ”
Like Zeng Ke, Chen Yibin’s overdue fees increased day by day because of the overdue money. “I originally borrowed 119,000 yuan, but now it has become 174,000 yuan after adding interest, overdue management fees, etc.” Yuan. ”
“Another online loan is due on October 1st, and I have to pay back the money I borrowed from a friend on the 6th, and I can’t afford it.” "Chen Yibin said that although he is still in school, "but I can't hold on anymore. From the end of May to now, my nerves are tense every day, and I will probably drop out of school soon." ”
Virtual “circle of acquaintances”
In the early days of joining Jiedaibao, what reassured Zeng Ke and Chen Yibin was precisely the “lending to acquaintances” promoted by Jiedaibao. However, When they really got involved, they found that the so-called "circle of acquaintances" were mostly strangers on the Internet. However, they were attracted by the high interest rates and couldn't stop borrowing money.
According to reports. According to the official website of Jiaidiebao, Jiaidiebao is a P2P platform under the well-known private equity company Jiuding. It was launched in June 2015. Its operating entity is Renrenxing Technology Co., Ltd.
According to Zeng Ke, when borrowing money, In order to avoid the embarrassment of acquaintances, the lender can see the borrower's information, but the borrower does not know the identity of the creditor, which is the "one-way anonymous lending model" pioneered by Jiedaibao.
For borrowers and lenders, the platform defaults to "acquaintances", so the platform will not review loan projects and assess risks.
A group created by a debtor.
But Zeng Ke soon discovered that debtors often contacted creditors through QQ groups to borrow money, and creditors also posted "loan targets" in QQ groups. These temporarily formed QQ groups, " No one knows anyone, but everyone can borrow money."
"There are very few people you really know who need to borrow money. If you want to play big, you need to expand your network," Zeng Ke said. In order to find people who are willing to borrow money at high interest rates, they will use various channels to add some "Bao Friends" who are in urgent need of money, are of different ages and have different jobs. "If you want to get in touch with more 'Bao Friends', you can buy them on Taobao for 30 yuan." to 1,000 'Bao friends'."
What made Zeng Ke even more angry was that when he first joined Jiedaibao, the promotion staff told him that Jiedaibao had a very complete collection mechanism: it would be collected after the due date. For telephone collection, ground collection will be initiated after 46 days, and you can sue after 76 days. "The promoter said that we can borrow money with confidence and we will definitely get it back."
However, when the "overdue wave" appeared, Zeng Ke checked the collection records of "Jianjiebao" many times, and everything was displayed. Yes: The debt collector has called the debtor's phone number several times and the phone line remains busy.
“Jianjiebao does not have any ground collection at all, and they don’t know the (debtor’s) address. They just call and if they can’t get through, forget it.” In the screenshot displayed by Zeng Ke, you can see that a man named Guo The debtor borrowed 162,944 yuan from Zeng Ke, which was 126 days overdue, and the collection progress showed that the debtor's phone number has been shut down.
Zeng Ke was once again angry that the overdue rate promoted by "Jianjiebao" was no more than 0.1%, "Don't say 0.1%, I feel it is 50%. I have more than 700 treasure friends now. More than 500 of them have 'died' (lost contact overdue)."
Zeng Ke believes that most of the debtors who disappeared after overdue payment may be due to the high overdue management fees of Jiedaibao. "It is simply huge. "According to him, the basic overdue fee of Jiedaibao is one thousandth of the principal plus interest, but if it is overdue for 16 days, a special overdue management fee (charged by Jiedaibao) will be charged at 20%, and if it is overdue for 76 days, Management fees are as high as 30%.
"A man named Guo lent me more than 160,000 yuan. Now, not counting interest, the overdue management fee alone is more than 50,000 yuan." The 170,000 yuan borrowed by Zeng Ke was also overdue. The management fee has risen to 230,000 yuan. “Some people see such a high overdue management fee and simply don’t even pay back the principal and interest.”
In this regard, Jiedaibao once posted an explanation on Weibo. , the charging standards of third-party collection agencies range from 5% to 40% of the total amount owed, and Jiedaibao itself makes no real profit from the management fees.
In addition, Zeng Ke said that in order to facilitate investment and borrowing, debtors often build a "creditor group". "Sometimes he will 'post bids' in the group, which are high-interest, short-term People in the group who are ready to invest will place a bid in seconds.”
“Someone in the group posted an order worth 500,000 yuan, and it was taken away in less than a minute.” Zeng Ke told The Paper that some creditors with "good bids" were rushing to "invest" outside, and they didn't even have time to chat and judge.
Among Zeng Ke’s numerous QQ groups, one was created by a debtor named Guo. “There are 75 people in the group, and almost all of them have lent money to him. Now that he is missing, no one can get it back. One cent."
Embarrassed Creditor
"If the customer (creditor) can collect the debtor's address and other information, he can also give it to us through the platform," the customer service said. When using Jiebaibao, you only need to provide your real name and ID number. When transferring money, you need to bind a bank card. The user's address, work unit and other information are not collected.
Regarding filing a lawsuit, the customer service staff said that the creditor can file an entrustment lawsuit through the client and transfer the creditor's rights to Renrenxing Technology Co., Ltd. (a wholly-owned subsidiary established by Renrenxing Technology). To file a lawsuit against the debtor, "But for transactions after March 15, 2016, the creditor needs to advance the litigation fees, and the losing party will bear the litigation fees afterwards."
Is there any ongoing litigation? The customer service staff replied: "Yes, I believe there will be cases provided to customers soon." And are there any cases of successful litigation? The customer service staff said "I don't know."
Hearing the answer from the customer service, Zeng Ke was quite desperate, “When I called, I asked us to provide information, but all I knew was the phone number and QQ number, and I didn’t know the person who lent the money. It was impossible for me to collect information, but they couldn’t find the information, so they just left it there and ignored it.” The debts borrowed on the Jiediebao platform have gradually become overdue. “We often receive collection calls from ‘Renren Cui’, asking us to pay off the money as soon as possible.”
“We can’t either In entrusted litigation, if the litigation fees are paid, Jiebaobao will be directly transferred to the repayment. "Nowadays, Zeng Ke and others want to be "invisible" to prevent debt collection and also collect debts from other debtors. They often call them. As soon as the customer service staff checks the information, the original purpose of trying to collect money will become that of being collected.
“My family’s store business has been in decline in recent years. My parents had no choice but to know that I dropped out of school, and they couldn’t come up with the money to help me repay it.” Zeng Ke told The Paper that he now works in a factory. However, the monthly salary of 2,000 yuan is only enough to live on, and cannot repay the high debt at all.
Since the incident, Chen Yibin has not dared to tell his parents, "My family is from rural areas, and their annual income is only 10,000 to 20,000 yuan. There is nothing they can do if they know about it."
In the interview During the process, the two college students mentioned many times that they “couldn’t hold on any longer” and “sometimes they really wanted to commit suicide.”
Lending agreement of “no capital and high profits”
But Zeng Ke said that neither the debtor nor the creditor had signed a written contract with Jiedianbao. Only when borrowing money, the debtor There will be a "Lending Agreement" with the creditor, but it does not indicate what kind of liability Jiejiebao will admit if the debtor fails to return the loan within the due date.
1. The name of the agreement is a lending agreement, which misleads people into thinking that it is a simple loan contract. In fact, in terms of content and form, it is not a loan contract, but a loan issued by "Renren Xing" Third Party Services Provided by People and Lenders. "Renrenxing" only acts as a middleman and introducer.
2. There is no agreement on the purpose of the loan. Private loans often occur between acquaintances, but the role of "Ren Ren Xing" is similar to that of banks. However, as a legal financial institution, banks have different requirements and guarantees.
3. As an intermediary, "Renren Bank" stated in the terms: If the borrower cannot repay the loan as scheduled, the lender has the right to transfer the rights and obligations under this agreement to Renren Bank. However, disputes between borrowers and lenders should be resolved by themselves or through judicial channels, and Renrenxing can only act as a certifier.
Pan Shuhong said: "The lending agreement has almost no stipulations on the responsibilities of 'everyone goes', which can be said to be 'no capital and no profit'."
In addition, he said that there are many private lending It refers to lending to a specific person, such as a friend, neighbor, etc. If it is not lent to a specific person, Jiebaibao may be suspected of illegally disrupting financial order.
In this regard, the "Guiding Opinions on Promoting the Healthy Development of Internet Finance" issued in 2015 stipulated that direct lending activities that occur on individual online lending platforms belong to the category of private lending and are subject to contract law, General Principles of Civil Law and other laws and regulations as well as relevant judicial interpretation norms of the Supreme People's Court.
According to the provisions of the Supreme People's Court on private lending, annual interest rates below 24% belong to the judicial protection zone, and the Jiedibao platform clearly stipulates that the maximum annual interest rate cannot exceed 24%. But according to Zeng Ke, many loan interest rates exceed this range.
“The interest rate set on the platform is still 24%. The extra part, such as 6%, will be negotiated to return the money offline, and Alipay will be used to transfer the extra benefit to the creditor.” It is this kind of "high interest rate" that can be set at will and without supervision that attracts more and more people to "invest".
It is difficult to provide evidence through legal means
As for the two students, in addition to the solutions provided by the platform, what other methods are there to recover the arrears? On October 19, The Paper The news interviewed Liu Weiguo, director of the criminal defense department of Shandong Quanshun Law Firm, and lawyer Zhai Liye of Yingke Shijiazhuang Branch.
Liu Weiguo said that when borrowing money through a third-party platform, if the creditor reports a fraud, the probability of the police filing a case is low. But he can directly sue the debtor through civil litigation. The process of suing is roughly as follows: collect online transaction records and transfer records, and file a lawsuit in court as evidence. However, in this case, it may be difficult to prove the debtor's information, and it will also be difficult for the court to serve each case one by one.
“It is also possible to hold Jiedaibao accountable.” Liu Weiguo said, “Under normal circumstances, financial intermediaries should have the obligation to review the debtor’s identity information and the use of funds.”
Zhai Liye lawyers said that whether a fraud prosecution can be prosecuted requires consideration of two factors: first, whether the borrower has fabricated the purpose of the loan; second, whether the borrower has used obviously unreasonable high interest rates to induce the lender to lend funds. In addition, if the loan is completed through a platform such as "Jiejiabao", the creditor can directly sue the debtor based on the loan contract.
Zhai Liye said that under the current model, the lending relationship formed through the platform is mostly an intermediary relationship between the creditor and the platform. In this case, according to Article 425 of the Contract Law, if the platform party fabricates borrower information or makes major negligence in reviewing the purpose of the borrower's loan, the creditor may sue platforms such as Jiebaibao. Compensation for losses.
After the "overdue wave", Zeng Ke and Chen Yibin joined some "collection groups". In these groups, they found that there were many college students who had made the same loans as them but were now deeply in debt. .
The Ministry of Education and schools are "making amends"
In May 2016, Tsinghua University Media Survey Laboratory, Ant Financial Business School, and Qingyan Think Tank jointly released the "China Youth Finance" "Business Cognition and Behavior Survey Report" shows that the average score of the surveyed college students' anti-fraud ability is only 69 points, 48% of the surveyed college students cannot see through the campus loan fraud trap, and 23% of the surveyed college students believe that there is a risk-free and high-yield financial management Products are easily deceived by high interest rates.
On October 11, education scholar Xiong Bingqi told The Paper, “Schools provide financial guidance to college students on the one hand, but the core is to standardize lending platforms.” He believes that regulatory authorities should increase supervision. Prevent the wild growth of illegal institutions and provide a good environment for college students to invest and manage money.
On October 18, a staff member of the publicity department of a higher vocational college in Guiyang where Zeng Ke worked said that they were not aware of any students in the school who were in high debt. If you don’t know everything, you have to ask his college.”
He said that the school also attaches great importance to the issue of campus loans, and will conduct inspections on loan platforms promoted on campus to prevent irregular platforms from deceiving students. , "We will also send notices to each class group to let students invest cautiously." Related questions and answers: Jiedaibao official website version 1.23 Jiedaibao version 1.23, you can go directly to Baidu Mobile Assistant to download. In addition, you can get the corresponding rewards by filling in the 20 yuan invitation code: CWK9CAR when registering for Jiebaibao. Related Q&A: How is Jiebao doing now?
Regarding the recharge of Diitei Bao, after logging in to Diitei Bao, click "Me" → "Wallet" → "Recharge", enter the recharge amount, and confirm the transaction password and verification code to complete. Renrenxing Technology Co., Ltd. has purchased account security insurance from the PICC Property and Casualty Insurance Beijing Branch for customers who use the "Jiejiabao" platform. It only protects customers from theft of their Jiabao accounts during the use of "Jiejiabao", that is, it only protects customers from borrowing money. To ensure the safety of the funds in the Jiedaibao account, please contact Jiedaibao customer service for specific compensation procedures." Because the Jiedaibao wallet claims to be very safe, and Renrenxing Technology Co., Ltd. also said that if the money in the Jiedaibao is lost, it will compensate for it, so many Users initially trusted Jiedaibao, but after looking at the trump cards of these players, it is not difficult to find that the capture of "regulatory arbitrage" is an indispensable magic weapon for the success of Jiedaibao P2P and other chaotic companies. If the so-called Internet finance is separated from the blessing of "regulatory arbitrage," I am afraid there will be very little left. When supervision is absent, this intensification can actually develop to a shocking degree, such as "campus loans" becoming "female college students naked." "Loans"; as for borrowing new money to repay old ones, and pyramid schemes with high interest rates, they are just the online version of the traditional Ponzi scheme. Jiupai Tianxia (formerly Jinbaishi) third-party payment provided an explanation from the Guangzhou Branch of China UnionPay Co., Ltd. Proof (special appointment) that Renren Bank is a merchant in UnionPay and is a type of UnionPay’s channel business. Industrial and Commercial Bank of China and China UnionPay have a fast payment cooperation business called "Cardless Channel", and China UnionPay Co., Ltd. Guangdong. The branch account number is 360200119200704927. It is the interface account number between China UnionPay and ICBC.
From the perspective of capital flow, as long as you use the "cardless channel" to make purchases at ICBC, the first step will be for funds to flow into the Guangdong Branch of China UnionPay Co., Ltd. account number: 360200119200704927. The Guangdong Branch of China UnionPay Co., Ltd. will conduct secondary liquidation with the terminal merchant code 871440159330003. Acceptance agency Jinbaishi, merchant name: (special contract) Renrenxing Technology, merchant type (5933) pawn shop (pawn, auction and trust) transaction channel: online, transaction type: consumption. All in all, under the channel model, all funds are transferred in the Jiupai Tianxia (formerly Jinbaishi) third-party payment account opened on the Jiapai P2P platform. Jiupai Tianxia (formerly Jinbaishi) third-party payment company can only record this (special contract) ) The records of funds in and out of Renrenxing Technology Co., Ltd.’s merchant accounts, and which investors the borrowers borrowed money from, are not recorded by Jiupai Tianxia (formerly Jinbaishi) third-party payment company. These are only on the Jiebaibao platform. There is a record in the member's account, and this record is just the adjustment of relevant figures by the Jiebaibao platform in its own system. In this process, the flow of funds between investors and borrowers cannot correspond one to one. In addition, this model has obviously formed a fund pool and cannot cut off the black hands of the Jiebaibao platform. The Jiebaibao platform can use the funds in the third-party payment account of Jiupai Tianxia (formerly Jinbaishi) at will and at will. Currently, the vast majority of platforms suspected of criminal issues use this model. Why can Jipaibao, under the banner of "Internet finance" and "financial innovation", and Jiupaitianxia (formerly Jinbaishi) third-party payment institution be free from various financial regulatory rules and compliance requirements that have long been proven to be effective? It is obviously not a commercial bank, but it can absorb deposits, accumulate funds, build capital pools, and then lend like commercial banks. It is even more free than commercial banks and can invest directly in the capital market without having to bear the various regulatory and compliance requirements that commercial banks need to bear. This kind of regulatory arbitrage is purely unfair competition and cheating, and is a major source of systemic financial risks. On the one hand, it ties the hands of commercial banks, but on the other hand, it allows Internet finance to play tricks, failing to even achieve a minimum level of fair competition. What kind of financial innovation is this? On January 13, 2017, the central bank issued the "Notice of the General Office of the People's Bank of China on Matters Concerning the Implementation of Centralized Custody of Customer Reserve Funds of Payment Institutions". Starting from April 17, 2017, payment institutions shall store customer reserve funds in accordance with A certain proportion is deposited into a special deposit account of a designated institution, and interest is not accrued on the funds in this account for the time being. The proportion of reserve funds deposited by payment institutions varies according to the type of business and the number of items. The average proportion of first deposits is about 20%. Eventually, all customer reserve funds will be centrally deposited. The era of “regulatory arbitrage” in the payments market will also come to an end.