Source: Urban Live Original
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Mr. Nanchang Shi, Jiangxi
Call "City Scene" to reflect
Something bad happened to him
I originally wanted to rent a car to run transportation
As a result, the car turned out to be the one he bought
And the car doesn't belong to you yet
Mr. Shi told the city scene reporter that at the beginning of this year, he went to Nanchang Saiyang Logistics Co., Ltd. to apply for a driver.
Mr. Shi: When I went there, he said that he would rent this car in their company, and the monthly payment was about 3,789 yuan, and he promised me that my monthly income could reach 10,000 yuan after deducting the monthly payment.
In addition, the other party also promised Mr. Shi to exempt the driver from all worries.
Mr. Shi: The commitment business is undertaken by their company, and we only need to go to the sports car. After 3 months, if your income is not up to standard, you can return the car to them at any time.
Mr. Shi was quite satisfied with such conditions, so he signed a transportation cooperation agreement with the other party and got a Dongfeng pick-up truck. However, after a month of running, Mr. Shi found that it was not the case at all.
Mr. Shi: If I remove the monthly payment, I can get about 1 to 2,000 yuan, which is too different from the 10,000 yuan they said, and my working hours are about 20 hours a day.
And the freight business promised by this logistics company is also no longer in charge.
Mr. Shi: It lasted for about a month, and they didn't even answer the phone or reply to the messages. That is to say, we grabbed all the lists by transporting them, and we grabbed them ourselves.
Mr. Shi said that when he was chatting with other drivers, the other party's words made him feel a little panicked.
Mr. Shi: I may have been tricked by this company, I heard my friend say this, I immediately went to Jiangxi Bank to check the credit, and found that the loan amount was 147,000 yuan, only to find out that I may have been deceived.
After learning about it, Mr. Shi found that the loan turned out to be the money he used to buy a truck.
Mr. Shi: I don't know, he told me at that time that I rented this car from their company in the name of renting a car. At that time, I saw that it was the signing of the rental contract, not the signing of the car purchase contract.
According to this loan information, Mr. Shi took out a loan of 147,000 yuan, with a monthly payment of 3,789 yuan, which was repaid in 4 years, totaling 180,000 yuan.
Mr. Shi: I inexplicably went to find a job by myself and took a loan of 180,000 yuan.
After Mr. Shi went to the market to find out, he found that the price of the car in his name was about 110,000 yuan, but he had a loan of 180,000 yuan in his name. However, when he directly approached Nanchang Saiyang Logistics Co., Ltd., the company was already an "iron general".
Mr. Shi: All of them were emptied, and when I called them, the phone of each person in charge was not answered, and there was a situation where the phone was down, and they could not be contacted.
The urban scene reporter saw at the scene that the gate of Nanchang Saiyang Logistics Co., Ltd. was closed, and there was no one inside. A staff member at a company next door said that Saiyang Logistics Co., Ltd. moved out after the Chinese New Year this year.
The urban on-site reporter found that Nanchang Saiyang Logistics Co., Ltd. was registered on July 19 last year and has been cancelled on March 15 this year. After that, Mr. Shi asked for an electronic version of the "Vehicle Financial Lease Contract" from Dongfeng Motor Finance Co., Ltd. Mr. Shi said that he did not know the existence of this contract before, and it is likely that the staff of Saeyoron Logistics used his mobile phone to operate it at that time.
Mr. Shi: At that time, there were four or five people around me, like the kind of brainwashing on the spot. An operation, confusion led to the current situation.
In the lawyer's view, Mr. Shi's experience actually involved two legal relationships.
Lawyer Xiao Jie: These two legal relationships are a cooperative relationship with logistics companies and a guaranteed business relationship, and a financial leasing relationship with vehicles and so-called financial institutions. In other words, the owner buys a car to a financial leasing company, and then leases it from the financial leasing company.
According to the provisions of the Vehicle Financial Lease Contract, the car that Mr. Shi borrowed 180,000 yuan to buy was actually owned by Dongfeng Automobile Finance Co., Ltd.
Mr. Shi: That means that this car can be towed away at any time (Dongfeng Motor Finance Co., Ltd.), and if it is towed away, I don't have any evidence to prove that this car is mine, and I have to pay it back a monthly payment. I feel helpless now, very helpless, I can't help it.
Lawyer Xiao Jie believes that Nanchang Saiyang Logistics Co., Ltd. has infringed on Mr. Shi's rights and interests.
Lawyer Xiao Jie: According to the relevant provisions of the contract of the Civil Code, if the logistics company does not achieve the corresponding guarantee, it will cause certain losses to our car owners.
Article 577 of the Civil Code stipulates that if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Lawyer Xiao Jie: You can sue the logistics company to check whether the financial lease contract signed at that time was signed by you, and secondly, you can claim the corresponding losses from the logistics company.
According to Xiao Jie, Article 735 of the Civil Code stipulates that a financial lease contract is a contract in which the lessor purchases the leased object from the seller according to the lessee's choice of the seller and the leased object, provides it to the lessee for use, and the lessee pays the funds. Therefore, Mr. Shi still needs to bear the repayment obligation of the vehicle.
Lawyer Xiao Jie: According to the legal provisions of the Civil Code on financial leasing, our car owners still have to actively fulfill the corresponding obligations of financial leasing, and can actively fulfill their payment obligations according to the "Financial Lease Contract" and require the vehicle to be transferred to their own name.
The lawyer also reminded the public that when buying or renting a car, they must read the content of the contract carefully, understand the terms and conditions of the contract, verify the company's qualifications, and pay attention to protecting personal privacy information when participating in the financial leasing business.
Lawyer Xiao Jie: There are many similar routines, that is, I may go to rent a car, but in fact, I am deceived by the company, sign the corresponding financial lease contract, and the rental car becomes buying a car, and I have to repay the loan every month and the corresponding lease fee. When our car owners choose the way to buy a car or choose the way to rent a car, they should find a formal platform and a formal institution to sign the corresponding lease contract or sales contract, and do not complete the corresponding leasing behavior in the form of financial leasing.