Recently, reporter Yang Guang. Com received a number of tenants who broke the news. Tenants rent houses through housing agencies, but they are loaned online without knowing it. The rent that was supposed to be paid became a consumer loan. After investigation, Yang Guang reporter. Com found that Huarong consumer finance, as a staging platform-the "fund provider" of Fenfujun, entered the tenant's "loan" into the central bank's credit information. In addition, the loan was not paid directly to individual tenants, but was "entrusted to pay" to housing agencies that were not registered in the housing construction department.
Does the "loaned" tenant know? Conflict between staging platform and real estate agent
In April this year, tenant Mr. Sun rented a bedroom through Dream Bear Asset Management Co., Ltd. (hereinafter referred to as "Bear Apartment"). When choosing the way to pay rent, Meng Xiong gave two schemes: "one for three" and "one for one". If you choose the latter, the rent will be paid on the "Fenfujun" APP. Mr. Sun said that at that time, he was told that the subcontractor was only a rent payment software, and did not explain that it involved loans, so he chose to pay the rent through the subcontractor (actually repaying the loan). Tenants who have the same experience as Mr. Sun told reporters that they borrowed money online without knowing it.
In this regard, Yang Guang's reporter. Com interviewed the sub-payment army, and Su Feng, the head of its business, replied: I don't know. The reporter repeatedly asked Su Feng whether he had informed the tenant of the fact of "loan" and "credit entry". Su Feng said that both of them had informed him.
However, when a reporter from Yang Guang. Com interviewed the real estate agent, and he got different answers. When asked whether to inform the tenant of the fact of borrowing, Yang, the head of the housing agency, said, "There is something in the later stage of the loan." When asked if he told the tenant that the loan would be entered into the central bank's credit report, the person in charge of Yang said: "If the subcontractor said it was the central bank's credit report at that time, we would not cooperate with them." The person in charge added that after learning that the tenants were provided with credit information, they stopped cooperating with the sub-contractors.
In addition, Su Feng said that he had verified the tenant's loan installment by voice and text, and signed an electronic agreement. In this regard, the tenant also made the opposite statement. For the voice verification, the tenant Mr. Sun said that the voice did not mention the loan, but only asked questions such as "one-on-one"; For text verification, Mr. Sun said that only the paper version of the house lease contract was signed, and there was no mention of "borrowing" in the contract; As for the electronic agreement, Mr. Sun said that at that time, he only used the "scan code to buy a house" function of Fenfujun, scanned the QR code of the house provided by Daxiong Apartment in real name, and then approved the loan. Several other tenants told Yang Guang reporter. Com said that the so-called electronic protocol was not found on the APP of the sub-payment army.
According to previous media reports, there are two kinds of subcontractors: ordinary customers and commercial customers. The real estate agent downloads the business client, fills in the tenant's basic information, marks the loan amount and repayment amount of each period, and then generates a QR code. The tenant downloads the client, scans the QR code of the intermediary and supplements personal information, which is equivalent to signing a loan contract.
As early as June 5438+ 10 this year, many tenants of Bear Apartment complained to Beijing Tongzhou Industrial and Commercial Branch, claiming that they were loaned without knowing it, and they did not receive a phone call from a consumer loan or online loan company for verification. Among them, Mr. Fan, the tenant, paid the "loan" by installments. After the loan was entered into the credit report, his car purchase was affected. After investigating and collecting evidence on this matter, Beijing Tongzhou Industrial and Commercial Branch made a decision to impose a fine of 30,000 yuan on Daxiong Apartment.
Unrecorded housing agents become the "custodians" of funds, which is easy to form a pool of funds and has great hidden dangers.
Tenants said that another reason they didn't know was that they never received the so-called loan. According to Su Feng, the loan was actually given to Bear Apartment by Huarong Consumer Finance to prevent tenants from misappropriating the loan. The person in charge of Bear Apartment surnamed Yang said that they got a one-time loan 1 1 month (contract 1 year minus the rent paid by the tenant 1 month), and then used the loan to pay the rent to the landlord. For this model, Su Feng called it "entrusted payment".
In this regard, Dong Ximiao, a senior researcher at Chongyang Financial Research Institute of Renmin University of China, pointed out that the so-called "entrusted payment" must be carried out with the permission of the lessee. If the tenant doesn't even know the loan, "entrusted payment" is out of the question. Shi Yongbao also said that the contractual relationship involving three parties cannot be transferred without the consent of one of them (the lessee).
Yang guang reporter inquired about the list of real estate agencies in Beijing's housing and construction department. Com found that Mengxiong Asset Management Co., Ltd. was not even registered in the housing and construction sector, and was listed in the business exception list of the industrial and commercial sector on April 14 this year. In this regard, the person in charge of Yang told reporters that Bear Apartment is just an asset management company, not a housing agency. However, in the lease contract provided by the tenant, the lessor (Party A) wrote the name of "Dream Bear Asset Management Co., Ltd.". As a "housing agency" with incomplete business qualifications, it not only carried out the housing leasing business, but even supplemented the leasing relationship and became the "entrusted payment" side of the loan. Is there any risk?
In this regard, Huang Zhen, director of the Institute of Financial Law of the Central University of Finance and Economics, pointed out that there may be a pool of funds behind the "cashing" of housing agents, which is suspected of illegally absorbing public deposits. "Although the housing agency did not directly absorb public deposits, it obtained funds from Fenfujun or Huarong Consumer Finance to form a fund pool, which is a serious violation." Huang Zhen said.
How big is this "fund pool"? Su Feng revealed in an interview with a reporter from the Central Broadcasting Network that he has cooperated with Daxiong Apartment with more than 10,000 customers and the loan scale is over one billion. "There are still millions." Su Feng said that the clients it handled were not overdue, but the credit investigation would show that they were consumer loans. "If the bear runs away and does not pay back the money, the tenant's central bank credit may be overdue." Su Feng said.
Has Huarong, the licensee of online loan credit information, fulfilled its obligation of notification and review?
It is not easy to access the central bank's credit information system, but the customer's "consumer loan" finally entered it without any financial qualification. Several tenants provided Yang Guang with their own query results in the central bank's credit information system. Consumer loans are provided by Huarong Consumer Finance. Director Yang also told reporters that Anxin, Huarong and others. They are all fund providers of sub-payment, and Huarong Consumer Finance is the only one that records the tenant's loan into the credit information.
According to public information, Huarong Consumer Finance is a national non-bank financial institution approved by the China Banking Regulatory Commission, registered in Hefei, Anhui Province, and its controlling shareholder is China Huarong Asset Management Co., Ltd., one of the "four state-owned asset management companies" (holding 55%). Its partner, the sub-contractor, has no financial qualification. According to Su Feng, Fenfujun is only engaged in business docking, and Huarong Consumer Finance is not a pure fund provider. The person in charge of Yang said that Daxiong Apartment did not negotiate with Huarong Consumer Finance. "The contract we signed with Fen Fujun is the money that Fen Fujun called us."
In this regard, Shi Yongbao, a lawyer of Beijing Shi Jing Law Firm, pointed out that Huarong Consumer Finance, as a licensed financial institution, has the obligation to inform and review in advance and needs to sign perfect documents to improve the retention of credit information. "Tenants only confirm on the APP. It is also doubtful whether this confirmation can reach the information filing signed by financial institutions. " Shi Yongbao said that according to normal procedures, financial institutions need to verify the borrower's subject information, solvency, use of funds and other information.
"Huarong Consumer Finance, as a licensed institution, should directly accept customer applications and strictly control them, instead of outsourcing core businesses such as auditing and risk control. Subcontractors without any financial qualifications can only do similar traffic import work. "Dong Ximiao pointed out that it is a very serious illegal act to falsely handle credit business for tenants without their consent, and tenants can report it to the public security organs.
65438+In mid-February, the non-banking department of China Banking Regulatory Commission forwarded the Notice on Standardizing and Rectifying the Cash Loan Business to the counterpart supervision departments of consumer finance companies of various banking regulatory bureaus. The regulatory authorities require that consumer finance companies are prohibited from providing funds to institutions without lending business qualifications through P2P peer-to-peer lending matching and other means. In the specific process, the regulatory authorities prohibit consumer finance companies from outsourcing core businesses such as credit review and risk control.
After the clean-up and rectification of cash loans, consumer finance with scene advantages is widely optimistic. There are also many chaos in the growing consumer finance, so it is necessary to regulate the industry.
Subsequent progress:
Tenants withdraw their rents. First, the tenant negotiates with the housing agency, and the housing agency will return the remaining loan to the sub-payer. Then the subcontractor and Huarong Consumer Finance negotiate to "settle" the unpaid records in the central bank's credit report. The person in charge of Yang told the reporter. Com said that it usually takes 45 days to eliminate credit information, and now it is being negotiated in advance. After waiting for half a month, Mr. Sun's subcontractor completed his understanding of ties. During this period, Mr. Sun still paid one month's rent after withdrawing the rent, but the unpaid record in the central bank's credit information system has not been "eliminated".
A week ago, a reporter from Yang Guang. Com contact Huarong Consumer Finance and ask Huarong Consumer Finance whether to audit the loan purpose and user information. As of press time, Huarong Consumer Finance did not respond to this matter.