After the disappearance of the car-sharing platform that provides "credit refueling" services for car owners, consumers with bank loans pushed the "creditor" Chongqing Fumin Bank to the cusp. According to the Beijing Business Daily reporter, at present, the public security department has filed a case against the "car sharing incident", and the regulatory authorities have also given feedback to the complainant: Fumin Bank has problems such as inadequate control over third-party cooperative institutions and will be dealt with. Behind the perspective of the storm, for private banks, bundling with third-party platforms to cut into scene finance, "one prosperity and one loss", in the exploration of Internet scene finance, how to solve the user's "true intention expression", avoid third-party platform operation, morality, capital pool risks and other issues have a long way to go.
The loss of the car and the fermentation of the consumer loan storm
"The one who got the money out of the blue was loaned." "We can't throw our money in the water either." "The key is for the relevant departments to give a conclusion." "Do you want a class action lawsuit?" In the last month of 2020, in a car rights protection group of more than 260 people in a certain place in Jiangsu, with the continuous addition of "new people" and the emergence of new investigation progress, the group friends had to discuss almost every day.
The rights protection group is the owner of the car app "10% off refueling", originally rushed to the platform, "first refueling, then 90% off repayment" of the "preferential" handled the "credit refueling", did not expect the car platform to suddenly disappear, the owner not only did not get the oil money, but also carried the loan of Chongqing Fumin Bank and has been overdue for several months.
"Inexplicably" car owners with bank loans will point the finger at the "creditor" Chongqing Fumin Bank, who has complained on the online platform, the Banking and Insurance Regulatory Commission, the State Bureau of Letters and Visits and other departments, rushed to the police station to report the case and even filed a lawsuit with the court, waiting for the result of the processing. Beijing Business Daily reporter noted that as of December 7, on the ju complaint platform, search for the keyword of "Fumin Bank, Enjoy Car", the complaint post reached 443, 3 complaint topics, one of which was a collective complaint, the number of joint complaints was 188, and the cumulative number of visits to the topic was 28486 times. The complainant "complained" that the bank and the xiangche app "issued loans without their own knowledge, demanding a refund of the overpaid fuel, rescission of the remaining loan contract and elimination of bad credit records".
"In September 2019, I applied for a 1-year refueling discount service on the Car-Sharing app, repaid it in 12 installments, and agreed that the monthly car-sharing platform would first charge my fuel card with 1,000 yuan, and then I would repay it at a 10% discount and pay about 900 yuan per month. But in June this year, the platform suddenly did not recharge and refuel, but the month is still automatically deducted, originally thought that the oil money is only temporarily not in the account, the later will be made up, has not been put in the heart, recently reminded by friends to go to the Fumin Bank phone, the result of the bank told me that there are 3 months of loans, and has been overdue. At this time, the platform has not been contacted, the bank said that the public security department has intervened in the investigation, let us wait for the results of the investigation, I have reported the case at the local police station, and now the complaints to the relevant departments have not yet replied. Recently, the owner of the car from Jiangxi Fang Ling (pseudonym) talked about this experience quite helpless, she told the Beijing Business Daily reporter, has always thought that she only in the car platform to handle the recharge business, in the mobile phone operation did not carefully check the agreement, do not know how to do the bank loan, she has at least 5 friends around the use of the car platform also encountered the same problem.
According to the official website of the Xiangche app, behind the Xiangche app is Shenzhen United Energy Holdings Co., Ltd. (hereinafter referred to as "United Energy"), which is strategically positioned to provide the car owner group with a credit consumption service (credit refueling) of "first refueling, monthly settlement and pre-deposit-free".
The Beijing Business Daily reporter found that Tianyan check showed that United Energy wholly owned Shenzhen Qianxing Network Technology Co., Ltd. (hereinafter referred to as "Qianxing Company") and Shenzhen Yousu Logistics Information Technology Co., Ltd. (hereinafter referred to as "Yousu Company"). Among them, Qianxing Company is the software developer of the Xiangche app, and Yousu Company is the entrusted payer of Fumin Bank and the owner of the car fuel card purchase or oil card recharge party. Today, the above-mentioned affiliates of the Xiangche app have disappeared, and the three companies have been included in the list of abnormal operations from July to September 2020 because they cannot be contacted through their registered residences or business premises, and have not been removed from the abnormal list so far.
In view of whether the three companies are still operating normally and how to solve the follow-up incident, the Beijing Business Daily reporter tried to contact the three companies for an interview, and the United Energy telephone prompted "the user did not pay the telephone bill". U-Speed's phone prompts "Number expired". After the phone of Qianhang Company was answered, the other party said that it was a financial company, and it had cooperated with Qianhang Company before, and Qianhang Company still had unpaid payments, but it was impossible to contact them at present.
Police supervision intervenes banks are suspicious of inadequate control of third parties
After the loss of contact with the car platform, the owners aimed their "firepower" at the "creditor" Chongqing Fumin Bank. If the consumer does not repay the loan, will it be considered a default? In the "credit refueling" service, is there any illegal operation of the bank? Become the core issue of their concern.
According to the official website of Chongqing Fumin Bank, Fumin Bank was established in August 2016 and is the first private bank established under the normal approval of the former China Banking Regulatory Commission. The bank was jointly initiated by seven private enterprises in Chongqing, including Hanhua Financial Holdings, Zongshen Group and Fu'an Pharmaceutical.
In the above-mentioned rights protection group, most of the car owners said that at the beginning of the service did not notice the existence of the Personal Loan Loan Contract of Fumin Bank, and now looking back to find the relevant traces, in order to collect evidence to the relevant departments to protect their rights, the owner Su Yang (pseudonym) asked Fumin Bank for a personal loan loan contract, the contract showed, "The borrower agreed to apply for a personal consumption loan from Chongqing Fumin Bank, and the purpose of the loan was personal consumption (entrusting a third party to purchase oil cards or recharge oil cards with oil companies)".
That is, at the beginning of the "90% off refueling" service, the lending relationship between Fumin Bank and the owner of the car has been determined. Fumin Bank customer service told the Beijing Business Daily reporter that the user's car refueling installment is a loan, and when it is handled, it is applied for according to the user contract, and a one-time loan is made to the electronic account opened by the user in the bank and entrusted to pay. If the user is not settled, there will always be a loan that is not cleared in the bank's system, which will also affect the user's handling of other loan business.
This also means that the bank has paid the full amount to the third-party platform at the beginning of the business, and after the latter gets the money, it should have recharged the fuel card for the owner every month, but the bank loan was swept away, the owner did not add fuel, and also repaid the bank loan.
A shenzhen public security department's handling opinion on the letter and petition of the injured group of the car app provided to the Beijing Business Daily reporter shows that in September 2020, the Chongqing police have filed a case for investigation, and the Shenzhen public security department actively assists in the investigation, and the relevant investigation situation is subject to the Chongqing police report.
Under pressure from all parties, Fumin Bank has stopped cooperating with the car platform, and a text message sent by Fumin Bank to the owner of the car in August this year obtained by the Beijing Business Daily reporter shows that "recently our bank has received a large number of negative information and complaints about the car platform (Shenzhen Yousu Logistics Information Technology Co., Ltd.), and the government and regulatory departments are highly concerned and have intervened in the investigation." The Bank has suspended its cooperation with the Car Sharing Platform and provided credit protection for your loan during the investigation period."
Judging from the latest developments, the Chongqing Banking and Insurance Regulatory Bureau is successively giving feedback to the complainants on the investigation of the report, and on December 6, Che Zhanyan (pseudonym) received a "Chongqing Banking and Insurance Regulatory Bureau Banking and Insurance Illegal Behavior Report investigation opinion" showing that "regarding the suspected violations of laws and regulations of Chongqing Fumin Bank reflected in your letter, after verification, no evidence was found to prove that Chongqing Fumin Bank had the problem of 'colluding with third-party companies to fraudulently obtain netizens into signing online loan contracts' as reflected in the letter." At the same time, the opinion also pointed out that "after investigating the existence of problems such as insufficient control of third-party cooperative institutions in Chongqing Fumin Bank, according to the third paragraph of article 12 of the Measures for the Handling of Reports of Banking and Insurance Violations (Banking and Insurance Regulatory Order [2019] No. 8), our bureau will deal with them in strict accordance with laws and regulations". The Beijing Business Daily reporter tried to interview the Chongqing Banking and Insurance Regulatory Bureau for further verification, and after repeated calls, he could not contact the relevant person in charge.
In response to how the bank currently handles this matter, what are the latest explanations and findings, whether the entire loan process is legal and compliant, etc., the relevant person in charge of Fumin Bank told the Beijing Business Daily reporter that the relevant departments of the car project are currently under investigation, and there is no information to be disclosed.
"Administrative violations and whether the contract is legal and valid are two different things, and clicking on the signed contract through the network will also produce the same legal effect as signing." The authorities' investigation only said that the bank had violated the law, but did not say that the transaction was invalid. If the consumer believes that the relevant agreement is fraudulent, he or she can request the people's court to revoke it within one year of the exclusion period. Talking about how to judge whether the bank has violated laws and regulations in the "car sharing incident", Wang Deyi, a lawyer at Beijing Xunzhen Law Firm, told the Beijing Business Daily reporter that he further pointed out that consumers need to carefully read the terms of the contract when signing the network contract, and should be responsible for the contract they clicked on to confirm. Banks should also ensure that the identity of customers is identified through effective technical means, and the above-mentioned signing records are effectively stored to ensure that the relevant network protocols are not modified.
The financial disaster of the private bank cooperation scene
Combing through the above events, for banks, aiming at the scene that the car family just needs to refuel, through the third-party platform, it can quickly obtain high-quality customers, which seems to be a good scene. According to the promotional materials of the car platform, the service object of "credit refueling" is the owner of a private car aged 23-55. According to the interviewees, they are mostly through the local second-hand car platform, insurance companies "push", as a vehicle transaction, car insurance "preferential" to buy "car credit refueling" service, with the endorsement of the above companies, the bank for the customer base has an additional layer of risk control screening. However, judging from the above disputes, this is not necessarily a good business.
First of all, whether the loan is a question of whether the user's "true intention" is directly related to whether the bank violates the law. The complaint platform and most of the respondents said that in the relevant promotional materials and transaction process, the bank "had no sense of existence", did not notice the loan contract, did not receive bank phone calls, text messages about loans and loan reminders, and did not know that this was a bank loan.
In addition, after the bank is entrusted with a one-time payment, the credit refueling scene itself will contain the risk of the capital pool, and the third-party platform will take the money that originally belonged to the consumer for one year and pay the oil payment every month, which will produce a huge pool of funds under the mismatch of this period. If the bank has extensive management of platform access, once the third-party platform capital chain is affected, the money paid to consumers every month cannot be guaranteed, and after not receiving the oil payment, consumers may refuse to pay the remaining loans even if they have the ability to repay, and under the pressure of all parties, the difficulty of banks to recover loans has risen sharply.
As the "new look" of China's banking industry, 19 private banks have "run in" since the establishment of the pilot private banking project in 2014. However, due to the late start, and the management requirements of "one line and one store", the lack of scenarios and traffic restrictions have always been the pain points of some private bank loan business, and cooperation with external scenarios and traffic parties can help them quickly obtain customers and expand the scale of business. However, the reality is that the "car sharing incident" of Fumin Bank is only a microcosm of the failure of private banks to cooperate with third-party platforms to cut into the scene. Recently, after the "explosion" of eggshell apartments, WeBank, as the funder of rental consumer loans, has also been pushed to the cusp of public opinion.
Yu Baicheng, president of Zero One Research Institute, said that banking institutions cooperate with third-party scene platforms to improve the effectiveness of risk control through scenarios, and the demand for financial borrowing in scenes is clear, and funds flow to real consumption, but any model has advantages and disadvantages, and there are risks. In scene finance, in addition to the repayment risk of borrowers, the operation and moral hazard of the third-party scene platform are more prominent. In the medical beauty, rental housing, education and other scenes, there have been fraudulent loans, excessive marketing, bankruptcy and money running away incidents, because the scene party is often relatively large, and the impact on financial institutions after the risk is more concentrated.
Third-party access and ongoing management are key
Having experienced the expansion of extensive online lending business, how should banks better carry out Internet loan business? What issues do I need to pay attention to in the follow-up cooperation with third-party scenario platforms? It has become a compulsory subject for banks.
The Interim Measures for the Administration of Internet Loans of Commercial Banks (hereinafter referred to as the Measures), which was officially implemented in July this year, clearly stipulates the various situations of business cooperation between banks and third-party institutions.
Among them, in terms of ensuring that the borrower's borrowing is an "expression of true intention", the Measures require commercial banks to fully disclose their own and cooperative institution information to the borrower in a conspicuous position on the relevant page, fully disclose the risks of cooperative business in accordance with the principle of appropriateness, and avoid brand confusion among customers. Commercial banks should fully disclose to borrowers in a conspicuous manner the loan subject, actual annual interest rate, liability for breach of contract and other relevant pages such as the interface for the description of product elements. When a commercial bank needs to obtain a risk data authorization from a borrower, it should prompt the borrower to read the content of the authorization letter in detail in a conspicuous position on the relevant online page, and disclose the content and duration of the authorization risk data in a conspicuous position in the authorization letter to ensure that the borrower signs the consent after completing the power of attorney reading.
In terms of access and follow-up management, the Measures require commercial banks to establish a unified access mechanism covering all kinds of cooperative institutions, and at the same time should continue to manage cooperative institutions, and timely identify, assess and mitigate risks caused by the default or operation failure of cooperative institutions. The cooperating institution shall be comprehensively assessed at least once a year, and if it is found that the cooperating institution cannot continue to meet the conditions for access, the cooperative relationship shall be terminated in a timely manner.
Yu Baicheng pointed out that banking institutions need to do a good job of risk control of risks in scene finance, especially the risk of scene parties. Including strengthening the access management of scene partners, continuous and effective assessment of enterprise strength, business conditions, marketing processes, etc., early detection and avoidance of risks, in addition to increasing the number of guarantee institutions and other risk control measures to avoid ridicule.
Sun Yang, director of the Financial Technology Center of Suning Financial Research Institute, further said that banks should immediately deploy risk control measures and moderation measures for the platform on top of access management, and also monitor the risk of the platform through financial technology, such as public opinion risk warning. Especially for the platform in the form of pure loan assistance, it is necessary to control the funds by certain means, such as margins, reserves, etc., to prevent the platform from running away.
In Sun Yang's view, the trend of cooperation between private banks and Internet platforms will be tightened in the future, the platform review will be very strict, and private banks will also take some strict control measures for lending institutions to prevent the risk of running away. In the future, high-quality platforms will become the first choice for Internet loan cooperation, and commercial banks will also begin to build their own scenes, build their own Internet platforms, and get rid of their dependence on third-party Internet platforms.
Beijing Business Daily reporter Meng Fanxia Ma Yan