"My brother is a mentally ill person, and he can't write his own name, how did he get the loan?"
The 68-year-old father and elder brother helped distant relatives more than ten years ago, but the "loan" of 100,000 yuan has not been repaid so far, and the subsistence allowance has been frozen.
When applying for a loan
It was found that the loan of 100,000 yuan in his father's name was overdue
On April 11, Mr. Han from Luonan County, Shaanxi Province, told a reporter from Huashang Daily Gale News that he needed a loan recently, because his father and brother still had a loan of 100,000 yuan in their names that had not been paid off, but in fact, the money was not borrowed by his father and brother at all.
Mr. Han said that in October 2021, he took out a loan from the Rural Credit Cooperative in Sihao Street, Luonan County, to treat his father. When he was going through the procedures, the staff suddenly said that he could not go through the procedures, and after repeated questioning, the staff said that there was a loan of 100,000 yuan in his father's name that was overdue.
My father lived in the countryside all the year round, so how could he get so many loans? After repeated checks, the staff confirmed that there was indeed a loan of 100,000 yuan. The money is 50,000 yuan in the name of Mr. Han's father, and 50,000 yuan is in the name of Mr. Han's brother. In this regard, Mr. Han asked, his brother is a mentally ill person who can't even write his own name, how can he have a loan?
Father recalled
13 years ago, I was borrowed for an ID card
Mr. Han went home with doubts and asked his father, and then the old man remembered an incident that happened many years ago, which had something to do with the "loan".
In 2011, Diao Moumou, a distant relative and public official who worked in Luonan County, found Lao Han (Mr. Han's father), who was still a low-income household, and said that he had agreed with Sihao Credit Cooperative that the credit union could give him a loan of 100,000 yuan, but because his own household registration was not in Sihao, he needed to use the ID card and household registration book of Sihao to take out the money.
Lao Han considered that the other party was a public official and had a salary in a unit, and said that he was just "helping" with his ID card, so he provided the household registration book and ID card of him and his son (who is mentally ill) to the other party.
Later, the loan was in the name of Lao Han's father and son, and Lao Han withdrew 100,000 yuan, which was taken away by Diao Moumou.
The actual lender writes a certificate that promises to repay the money
But it has not been returned to this day
Later, Sihao Credit Union found Lao Han and informed Lao Han and his mentally ill son Han Mougang that they had a loan of 100,000 yuan and interest of 22,000 yuan in their names, and collected the loan and interest.
Mr. Han's family found Diao Moumou to inquire about the matter, and Diao Moumou wrote a certificate: It is hereby proved that Han Mouliang and Han Mougang had a total loan of 10,000 yuan in the name of Sihao Credit Cooperative, and the money was used by Diao Moumou, and Diao Moumou was responsible for repaying the interest, and had no relationship with Han Mouliang and Han Mougang. It is hereby proved that the certifier Diao XX, June 23, 2013.
With this certificate, and Diao's repeated assurances that the loan would be repaid in time, Mr. Han's family thought that the matter had long passed, but they did not expect that the arrears were still recorded in their names.
Credit reports are full of loopholes
100,000 yuan loan "arbitrary transfer"
According to Mr. Han, because his father has always had a loan in his name and has a bad overdue record, it directly affects his loan.
On March 25 this year, they printed out the credit information of their father and brother with their ID cards, and the report showed that Mr. Han's father was born on February 6, 1958, but his marital status showed that he was unmarried, and he did not even graduate from elementary school, but he showed that he graduated from high school. Mr. Han said that his mother died 30 years ago, and strictly speaking, in 2013 his father did not have a marriage certificate (the borrower needs to provide the ID cards of both husband and wife) and could not take out a loan.
The personal credit report shows that the loan amount is 50,000 yuan on January 21, 2010, and the deadline is June 30, 2013. Another piece of information shows that the loan amount was 100,000 yuan on June 29, 2013, and the deadline was June 28, 2015. Mr. Han's brother's personal credit report shows that Mr. Han Mougang was opened on January 24, 2010, and the loan amount was 50,000 yuan.
According to Mr. Han, his brother suffers from congenital mental illness and can't even write his own name, but his academic background shows "high school". Even the family needs to take care of their lives, it is impossible to get married, and the marital status shows "married".
What's even more bizarre is that the repayment column only shows "one-time repayment", and the amount, method and time are not filled in. The deadline for payment is June 30, 2013.
Mr. Han said that according to the credit reports of his father and brother, his father had a loan of 50,000 yuan, which later turned into a loan of 100,000 yuan. In other words, 50,000 yuan in his brother's name was transferred to his father's name in 2013.
Mr. Han was surprised that loan records could still be "arbitrarily transferred".
Overdue loans have not been repaid
The subsistence allowance was frozen
On April 11, Mr. Han told a reporter from Huashang Daily Gale News that his father, as an uneducated farmer, had struggled to raise his two brothers by himself, and that his family had four adobe houses, and as a rural subsistence household, he could not repay the 100,000 yuan in arrears. However, Sihao Credit Cooperative, on the grounds of non-repayment of the loan, froze Lao Han's subsistence allowance, resulting in the inability to guarantee the family's basic livelihood. Later, after constantly reflecting on it, he recovered.
Mr. Han said that over the years, they have also been looking for the actual user of the money, Diao Moumou, but the other party either does not answer the phone, or avoids talking about repaying the money, so they have no choice.
The actual lender admits that the loan was used for its own purposes
Commit to 3 months to resolve the matter
On April 12, a reporter from Huashang Daily Gale News contacted the actual lender Diao Moumou. He introduced that he was a distant relative of the old Han family. More than ten years ago, he was relatively short of money, and wanted to borrow some money from Lao Han's family, but Lao Han's family had no money, so he thought of using their ID cards to take out a loan, because each person had a quota of 50,000 yuan, so he used the ID cards of the two to borrow 100,000 yuan, but Lao Han's eldest son had congenital mental illness, and he didn't know in advance.
After taking out a loan in the name of Lao Han's father and son, he spent 100,000 yuan himself. At that time, I wanted to repay the loan in time, but because things have not been going well, the money has not been returned. He admits this money wherever he goes.
Diao Moumou said that now that the incident has happened, the county credit union is also looking for him, and the three parties sat together a few days ago to negotiate this matter. One way is for Lao Han's father and son to sue the court and order him to return the loan, the other way is to confirm his return through notarization, and the third way is to coordinate and give him a time limit to repay the loan.
For this period, Diao Moumou said "about 3 months".
On April 12, a reporter from Huashang Daily Gale News contacted Luonan County Rural Credit Cooperative. According to the staff, after investigation, Han Mouliang promised to use his and his son's ID cards to lend a loan to Diao Moumou, with a loan amount of 100,000 yuan, and Diao Moumou served as the guarantor and actual user. Later, Diao Moumou has not repaid this part of the money, so these loans have been on the head of Han Mouliang's father and son, the main responsibility of this loan is clear, and the loan is in line with the regulations.
After the loan in the name of Han Mouliang's father and son was overdue, the credit union did freeze the minimum security fund, but after the party reported that it was unfrozen after investigation, and it is now in a normal state of withdrawal.
As for how to repay the loan of 100,000 yuan and the interest of more than 20,000 yuan, the staff member said that because the time is relatively long, similar things have not been dealt with, and now several plans are expected: first, the credit union filed a lawsuit with the court to determine the subject of repayment; second, Han Mouliang's father and son sued Diao Moumou to determine the subject of repayment; and third, the three parties reached an agreement, and Diao Moumou paid off the money as soon as possible.
Lawyer's Statement:
There is no legal basis for credit cooperatives to directly freeze the subsistence allowance
According to lawyer Zhang Haixing of Kangda (Xi'an) Law Firm, if Diao's loan contract with the bank was not signed by Han's father and son, it only reviewed the documents, and the loan was handled without on-site investigation and on-site verification, which was a serious violation.
For Han Moumou and his son, if the identity document was maliciously obtained by Diao Moumou, and Diao Moumou fraudulently signed a loan contract with the credit union in his name, but the loan contract was not his will, Han Mouliang and Han Mougang did not sign the loan contract, and Han Mou and his son did not authorize Diao Moumou in advance and recognize it afterwards, and Han Mougang was a mentally ill person with no capacity for civil conduct, because of Diao Moumou's malice and the serious violation of the credit cooperative, the loan contract was an invalid contract for Han Moumou and his son, and it was not effective from the beginning.
According to lawyer Zhang Haixing, without trial and judicial procedures, if the credit union directly freezes Han Mouliang's pension and subsistence allowance on the grounds of non-repayment of the loan, there is no legal basis. Mr. and Mrs. Han can complain to the local financial supervision and administration bureau about the personal losses caused by the credit cooperative's illegal handling of loans and loan issuance, and may also file a lawsuit with the people's court to confirm the invalidity of the loan contract, requiring the credit union to return the frozen pension and subsistence allowance and compensate for the losses caused. Huashang Daily Gale News reporter She Hui