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發表於 2015-7-12 05:43:30 | 只看該作者 回帖獎勵 |正序瀏覽 |閱讀模式
Baoji cost three commercial banks in the process of individual housing mortgage loans, the bank should bear the contractual terms of the use of unequal passed on to consumers, Baoji City of Industry, to initiate an investigation, and ultimately, the three banks because of consumer fraud, in violation of relevant laws and regulations forfeited 1,077,460 yuan.
 
Staff in Baoji City of Industry, Bureau Weibin charge of the case said that last September, the business sector in the survey found that in personal housing loans collateralized business activities, Baoji three banks in preprinted with the consumer signed Contract unified format unreasonable terms are present.
 
Baoji branch of the Agricultural Bank of China (hereinafter referred to Baoji ABC) standard contract with consumers (ie the borrower) that is signed by "individual purchase loan guarantee contract" provides that "with the contract-related notarization,Louboutin Escarpins, registration, assessment, identification, witness, transport custody and other expenses by the borrower, guarantor,http://www.kshjw.cn/bbs/forum.php?mod=viewthread&tid=35917, mortgagor bear. "
 
Baoji branch of Industrial and Commercial Bank (hereinafter referred to Baoji ICBC) have similar statements in the consumer signed the "individual housing loan / guarantee contract" provided that "the formation and performance of registration, notary, assessment and other expenses required by the present contract, and because Borrower and the Guarantor do not fulfill their obligations according to the contract, legal fees Lender claims arising from realization, assessment fees, auction fees, all expenses paid by the borrower. "
 
Baoji branch of Bank of China (hereinafter referred to Baoji BOC) signed with the consumers' personal primary housing loan contract "provides that," in addition to be determined according to the law or the parties agree otherwise, the result of the conclusion of the contract, fulfillment and dispute resolution costs incurred (including attorneys' fees, collection fees messaging, asset valuation and disposal costs, appraisal fees, announcement expenses, etc.) shall be borne by the borrower. "
 
Law enforcement officers found that advance-notice mortgage registration fees between January 1, 2011 to November 2013 13 period, three banks under these unfair terms in consumer knowledge, that should be borne by the bank and the establishment of general mortgage registration fees passed on to consumers.
 
Punishment: confiscate the illegal income and impose a fine of twice the
 
In August 2013,Louboutin Soirée, under the China Banking Regulatory Commission issued "on the regulation of banking institutions do not standardize their operations," which banking institutions made a "seven no" prohibition of requirements,http://meguru.jp/cgi-bin/joyful/joyful.cgi, including "shall not pass on the cost," and clearly states that "banking financial institutions should undertake due diligence in accordance with law lending and other services generated in the charge related to the cost of product evaluation, operating costs may not be passed on to customers in the form of fees."
 
Early in December 2013, in the investigation of cases of such registration fee charged three bank home loan mortgage illegal process, Baoji City Weibin Branch judged that the Trade and Industry Bureau,http://sportsfan.jpn.org/cgi-kban/sunbbs.cgi?mode=form&no=101&page=1;, involving the bank knowingly advance-notice mortgage registration fee and general mortgage registration fee shall be set up its own commitment,http://www.dixetdemi.com, but the use of contract these costs passed on to consumers, which are in violation of the original "Consumer Law" (new "Consumer Law" came into force on March 15 this year) and the relevant provisions of "consumer fraud penalties." , typical consumer fraud. The costs associated with the bank passed on to consumers are "illegal gains."
 
December 21, 2013, Weibin Branch Trade and Industry on the basis of the original "Consumer Law" relevant penalties, to three banks made a confiscation of illegal gains and fines of double the punishment decision: Baoji ABC 670,400 yuan, 323,540 yuan Baoji ICBC, Baoji Bank of 83,520 yuan. Three banks a total of 107 million yuan forfeited.
 
It is understood that the punishment decided to issue shortly, three rows province provincial bank issued a notice requiring all banks within their systems are not allowed to charge consumers these costs.
 
According to relevant laws and regulations, involving three banks, after receiving an administrative penalty decision did not apply for reconsideration nor bring an action, but the delay does not fulfill payment obligations. May 21, Weibin Branch Trade and Industry to Weibin District People's Court to submit the application for enforcement. May 30, Weibin District People's Court ruled that the above administrative penalty decision granting enforcement. In June, three banks have the fine paid into the Baoji City in Shaanxi Province Industrial and Commercial Bureau designated account.
 
August 2013, the CBRC issued the "notice",http://www.rockclimbing.com/cgi-bin/routes/jump.cgi, but why the three banks to investigate violations from January 2011 1 starts? According to reports, the business sector in the investigation, someone's bank fraud consumer behavior persists, therefore, the business sector on the above three banks taken punitive measures.
 
Someone Bank
 
Some recognized fine and some do not recognize
 
Baoji ABC: approved the decision on punishment, has a refund and change the terms of the contract yesterday, Baoji ABC officials said they recognize the decision on punishment of the business sector, it is also subject to the relevant penalties. "We have the initiative to refund the fees charged customers." The official said, in addition, they had been in 2013 would not comply with the terms of the changes. Baoji ICBC: The decision has not been recognized by the business sector yesterday, Baoji ICBC office one official said, they decided to punish the business sector is not recognized. "Now the final conclusion has not been decided, to the conclusion that we certainly have to get approval." The official said it was his understanding that they are not to fine the business sector,http://www.acoh-re.jp/post_mail/postmail.cgi, and now they are negotiated and the business sector.
 
Baoji Bank of China: the responsible person is not inconvenient to respond yesterday, China Chinese Commercial News reporters Zhi Dianbao and Ji Zhongxing office, a female staff member said the deal with the matter of leadership is not, she is not very clear on the matter, inconvenient response.
 
Consumer
 
Departments should assist consumer rights
 
Mr. Zhang in 2012 and the bank signed a loan contract, paid the $ 80 fee. Aiming at the business sector banks penalties, Zhang believes that departments should assist consumer rights, consumer rights will be very difficult to find a bank, not necessarily successful.
 
Lawyer
 
Banks are obliged to refund the "illegal gains"
 
Yesterday, Shaanxi Hao Law Firm lawyer said Zhao Xiao Dong, standard terms generally provide services developed by businesses, consumers take it or will not get the service, almost no room for choice.
 
"Business department of the three banks is the administrative punishment, but to recommend its return 'illegal income', but without force." Zhao Xiao Dong said, since the signing of the contract are civil behavior, if the bank refuses to refund,http://www.ebay.co.uk/itm/make-your-own-website-mobile-web-design-builder-digital-item-/181281492980?/shockwave/download/download.cgi,Louboutin à Bout Ouvert, consumers may be brought to court proceedings.
 
Related departments
 
How much consumers pay rights
 
Baoji City Housing Authority staff said, Baoji City, the mortgage registration fee for residential mortgage 80 yuan / sets, non-residential 550 yuan / sets. Baoji citizens in the process-related business, the existence of illegal collection of fees if the banks in the contract, consumers can consult with their request a refund of illegal fees, they can apply for arbitration to the arbitration department, or rights to the court proceedings.
 
Trade and Industry Bureau
 
In case of such provisions may complain to 12315
 
Yesterday, the provincial Trade and Industry Bureau official said: "This three banks in violation of SAIC," "provides, it must amend the relevant provisions, must be punished." Illegal contract oversight approach the official said, if consumers encountered similar "King terms" may complain to 12315.
 
This series of articles except for signature outside China by Chinese Commercial News reporters Zhang Baolong and Zhao Zhao written
 
The province over the bank loan contract "trick"
 
Yesterday, the China Daily reporter found a similar phenomenon in Xianyang, Yan'an, Ankang and other places also exist. In 2010,Louboutin Sandales, Ms. Yang Xianyang people to buy a house in a district People's Road, Xianyang Branch of Industrial and Commercial Bank of China among the Branch signed a "personal housing loan guarantee contract." Article 17 of the contract "fee" provides that: "the conclusion and subject to registration, notarization, and other expenses required to assess the present contract, as well as due to the Borrower and the Guarantor do not fulfill their respective obligations under the contract, the loan claims arising from man-made realization attorneys' fees, assessment fees, auction fees, all expenses paid by the borrower. "Zhao Xianyang in the purchase, and the China Postal Savings Bank Co.,Louboutin Bottines, Ltd., Xianyang City, Shaanxi Province Qin Road Branch signed the" individual purchase loans and guarantees contract ", also related conventions.
 
The standard contract in Yan'an,http://sportsfan.jpn.org/cgi-kban/sunbbs.cgi?mode=form&no=101&, China Construction Bank and Agricultural Bank of China branch in Yan'an Yan'an Branch signed and consumers also have similar provisions. In the well-being, there is the well-being of the public and Commercial Bank of China branch signed the "individual purchase loan / guarantee contract", that the existence of "mortgage registration fee paid by the mortgagor."
 
China Chinese Commercial News reporters Chen Lei and Zhu Chenxue Chen deposit
 
(Original title: Baoji Third Bank forfeited 1.07 million)
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