The loan has been paid off and is still included in the bad credit report by the bank, and the man sues the court! Does the bank credit reporting system need to bear the corresponding tort liability if it makes a false record or false negative evaluation of personal integrity? How important is personal credit?
The loan has been repaid but is included in the bad credit report
On July 10, 2019, Li Lei borrowed RMB 190,000 from Bank A through A Wallet Company and B Net Gold Company (hereinafter referred to as Company A and Company B), and the two parties signed the "Personal Loan Contract" after confirming through online video, agreeing to remit the money to Company A's account, and then transfer it from Company A to Bank A.
On the day of signing the contract, Bank A issued a loan of 188,800 yuan to Li Lei, and Li Lei paid the returned amount to Company A's account on time from about August 2019. During this period, Company A instructed Li Lei to remit the money to be returned to Company B's account. Subsequently, Li Lei returned all the principal and interest of the loan in advance, and Company B issued a "Settlement Certificate" to Li Lei.
I thought that all the loans would be returned, but who knew that Bank A listed Li Lei in the bad credit report, resulting in great damage to his personal credit and reputation, and also affecting the company where he served as a legal person. Li Lei kept complaining to Company A and Company B and Bank A, and complained to the People's Bank of China, but to no avail. In desperation, he sued the court, demanding that Bank A expunge his bad credit history.
After hearing, the court held that Li Lei, as the borrower, had repaid all the principal and interest of the loan, and there was no longer a fact of overdue repayment, and Bank A should have amended Li Lei's overdue repayment information, but Bank A has not amended it so far, which has violated Li Lei's right to reputation. As for the failure of Company A and Company B to pay the principal and interest of the loan repaid by the aggregated borrower to the bank in a timely manner, it is a contractual relationship between Companies A and B and the bank, and they cannot oppose the borrower. In the end, the court ruled that Bank A should eliminate Li Lei's bad credit record within 10 days of the effective date of the judgment.
How much do you know about personal credit
As the saying goes, people cannot stand without trust, and credit is everyone's "pass" to stand on the society, which is crucial to our economic life. A good credit record helps us apply for a loan, and a bad credit record affects our work and life. So, what are the behaviors that affect personal credit? How can we maintain a good credit report?
Behaviors that affect personal credit
1. Credit card or loan overdue
If the loan is not returned after the repayment date of credit card, bank loan, online loan, etc., there will be an overdue record, remember not to repay late.
2. Overdue guarantee
If a guarantee is made for another person's loan, and the lender fails to repay the loan within the due date, the guarantor's personal credit will also be affected, so it must be carefully considered when guaranteeing others.
3. Arrears
Arrears of water, electricity, gas, etc., living expenses may seem like a small matter, but if you are in arrears for a long time, it may also affect personal credit.
Fourth, the debt is too high
In the short term, there are loan records in many financial institutions, resulting in serious liabilities, which will also affect personal credit.
5. Failure to perform legal obligations
Involving civil litigation and failing to execute on time after a court judgment; After being administratively punished, the punishment is not performed on time; If there is a record that is enforced by the court, this will affect personal credit.
6. Identity information is stolen
After personal identity information is stolen, malicious lending may occur and affect credit records, so it is recommended to pay attention to the security of personal information.
Poor credit for spouses
When applying for a home purchase loan, in addition to reviewing the information and credit of the loan applicant, the credit of the spouse is also regarded as an important factor by the bank. One party's poor credit history is likely to lead to the other party's failure to apply for a personal mortgage.
The effects of bad credit reporting
1. Applying for a loan or credit card is affected
Personal credit is a problem that banks attach great importance to, and people with bad credit cannot apply for loans at financial institutions such as banks.
2. Work is affected
More and more employers are gradually incorporating personal credit into the scope of recruitment conditions when recruiting. In addition, those who are on the credit blacklist cannot join the party, cannot take the civil service examination, and cannot engage in specific industries or projects.
3. Personal travel is blocked
If it is included in the list of untrustworthy by the local court, personal travel will encounter various obstacles, such as not being able to get on the highway or taking an airplane.
4. Influence the family
If one of the spouses has a bad credit history, the other person may be rejected if he wants a loan; If they are seriously untrustworthy and are included in the list of untrustworthy persons subject to enforcement, their children will also be affected, such as: they cannot attend private schools with high fees, cannot apply for civil service examinations, and cannot pass the political examination for joining the military.
How to maintain good credit
1. When using a credit card or applying for a loan, you must repay the loan on time and in full in accordance with the contract, so as not to leave a bad record; If you accidentally overdue, actively remedy it to avoid continuous overdue and cumulative overdue.
2. Protect your personal information, do not lend your ID card, bank card, etc. to others for use, and immediately report to the police to protect your rights and interests in the event of personal information being stolen.
3. Regularly inquire into personal credit reports, timely understand their credit status, check whether personal information is wrong, whether they have been loaned, whether there are certain bad records, etc. If you find any errors or omissions in your credit report, file an objection application and request that it be changed as soon as possible.
For more legal issues, it is recommended that you join the legal protection network, establish an exclusive legal department, learn more legal information, implement risk management, achieve perfection and rigor at the institutional level and operational level, have a basis in the law, prevent in advance, control during the event, and reduce after the event, so as to avoid mistakes and errors to the greatest extent.
Note: The name of the person in the article is a pseudonym, and the case information quoted comes from Shandong Gaofa
The picture comes from the Internet, invaded and deleted