At 6 o'clock on July 6th, 20 18, he just woke up and saw a report in Weibo: "More than 400 college students bought high-end mobile phones with" campus loans "and became defendants.
According to the report, more than 400 college students from Guangxi, Jiangxi and Guizhou borrowed money from a financial company in Guangxi and were sued by the company, but none of the students involved responded. Students think that "campus loan" is equivalent to illegal borrowing, and the borrowed money need not be repaid.
Qi Xiaodong's first reaction is: this is "fake news", and college students can't be so ignorant of the law. However, after clicking on the news photos, he found that the plaintiff had "cheated" his Guangxi 704 Financial Investment Co., Ltd. (hereinafter referred to as "704"). He may be one of the defendants.
Teng Bin, a judge of the High-tech Court of Xixiangtang District Court in Nanning, who participated in the trial, told the Beijing News reporter that since June 5438+February last year, the court has successively accepted more than 400 cases of college students' loan contract disputes. At present, 22 cases have been filed/kloc-0, and more than ten cases have been judged by default.
The court served judicial documents such as summonses on 122 defendants, and most of them were rejected. "Many defendants signed an agreement with Qi Lingsi around 20 15, and now they have graduated, and their household registration addresses have changed. They may not have received the materials for responding to the lawsuit." Teng bin said, but a small number of defendants who signed for it did not appear in court.
Qi Xiaodong's contact with "campus loan" is purely accidental. 20 15 12, a freshman in a university in Wuhan. One afternoon, a classmate handed two leaflets to their dormitory to promote a product called "704 Campus Flower".
"He said that you can find a part-time job, advance your salary in advance and pay it back in installments." Qi Xiaodong said that the leaflet said that students should pay in advance or in cash, and pay back in installments in part every month. One working hour 10 yuan, and the insufficient working hours will be returned in cash per hour 13 yuan. There is no word "loan" on the leaflet.
Qi Xiaodong's parents give him monthly living expenses 1500 yuan. He doesn't like socializing, so living in Wuhan is enough. He conveniently put the leaflet on his roommate's desk, but when his roommate saw it, he was very moved and encouraged Qi Xiaodong to go with him.
Yin Ying and three roommates in Nanchang also learned about the "704 school flower" because of the introduction of their classmates. Schools in Yin Yin have an annual tuition fee of nearly 20,000 yuan and a monthly living expenses of 5,000 to 6,000 yuan. Girls are not short of money, and they don't realize that this is a campus loan. They do part-time jobs just for fun, and the mode of collecting money first and then paying back the money "will not suffer anyway"
At the end of 20 15, Qi Xiaodong and his roommate went to the office at 704 Huafu Building in Wuhan Street. Nearly 20 staff members are crowded in an office of more than 70 square meters, and a sign of "704 school flower" is hung on the outer wall, which is "not formal".
"The goods can get up to 8000, and the cash can get up to 4000". Qi Xiaodong and his roommate both advanced 3,000 yuan in cash, and they have to work part-time for 300 hours, which will be paid off in 12 months. Including the investor's interest and service fee, each person has to pay back 3450 yuan.
He remembered that the staff handed over two contracts, one was the 704 part-time exchange platform agreement, and the other was the loan contract of Liuzhou Bank. Qi Xiaodong was underage at that time, so he couldn't get a loan from the bank. He only signed the seven o four card.
Teng Bin told reporters that most of the students had reached the age of 65,438+08 when they got loans, and signed agreements with 704 and Liuzhou Bank respectively. The money students get is actually a personal consumption loan issued by Liuzhou Bank, and 704 is just an intermediate platform. Even the intermediate platform agreement signed with 704 is clearly printed with the words "personal consumption loan".
According to the contract signed by a student with Liuzhou Bank, the student authorized Qilingsi to open a repayment withholding account with Liuzhou Bank. Students will pay the repayment amount to 704 first, and then it will be deposited into the withholding account by 704, and Liuzhou Bank will deduct it in batches.
In the borrower's notice, Qilingsi clearly stated that the borrower should pay 10% annual interest to Liuzhou Bank and 5% service fee to Qilingsi. The principal of 3,000 yuan multiplied by the interest rate of 15% is just the extra 450 yuan in Qi Xiaodong's contract.
According to the agreement, if the borrower can finish his part-time job on time and repay the loan in time, this fee can be reduced or exempted as a reward. Otherwise, it needs to be repaid directly in cash.
When signing the agreement, Qi Xiaodong stared at it for more than ten minutes, and carefully understood every article, paragraph and word.
One of them caught his attention: the borrower is overdue and voluntarily pays 0.5% of the loan amount every day. He quickly made an abacus. Five thousandths of a day means paying more 15 yuan every day, which adds up to a lot.
But he thought it was not difficult to pay more than 300 yuan a month, and it would not be overdue. After hesitating for a few seconds, he signed the agreement. To be on the safe side, he took the agreement back to the dormitory and locked it in a drawer.
Qi Xiaodong doesn't know that according to the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, the interest agreement on the part where the interest rate agreed by both lenders and borrowers exceeds 36% per annum is invalid. If the daily overdue rate is 0.5%, the annualized rate has reached 182.5%.
Li Huan didn't have time to read the agreement before signing it. When he arrived at the scene, the garage-sized room was crowded with people.
When waiting in line, the staff of 704 and the agent of campus loan introduced on the stage that "cash advance" (that is, cash advance) can be handled uniformly today. As long as we take a photo with the empty mobile phone box of iPhone 6S Plus, we can advance thousands of dollars, and then pay back by installments through part-time.
When signing the agreement, the staff kept urging. Li Huan wrote down his name and ID number before he could have a closer look, took a photo with an empty mobile phone box, took a photo with an ID card and an agreement, and got the money. A program came down in less than 5 minutes.
Li Huan still doesn't know the loan amount in the agreement, and he didn't leave any evidence. He only knows that 12 months will pay more than 6,000 yuan, although in fact he only took 2,000 yuan. "There are more than 6,000 mobile phones, and only 4,000 are cashed out. The intermediary will take more, and that's all I have. "
After signing the agreement, the students who borrowed money were pulled into a QQ group. Every day 704 will send three or four part-time jobs in the group. Security guards, waiters and flyers have different positions and their working hours are not fixed.
During that time, Qi Xiaodong found a job in the group when he was free. His first job was a security guard at the real estate opening. He remembered that it was a cold and wet winter. I got up at 5 am and rushed to the scene. I stood outdoors from 6: 00 to 12: 30 and earned 65 yuan.
Gradually, there are fewer and fewer part-time information published in the group. 2065438+Since April 2006, Qi Lingsi has asked students to use the "704 Campus Flower" App in a unified way. App will release part-time demand, or you can repay it directly.
If you work part-time, it is also per hour 10 yuan; If you use cash, you should pay 13 yuan every hour. JiXiaoDong don't want to, "if I don't do part-time, I can. But even part-time jobs can't be provided, that is, breach of contract first. " After he couldn't find a part-time job, he stopped paying it back.
At the beginning of 20 17, Li Huan found that the App could not be recharged and could not be used for repayment. When he found Nanchang 704 branch, he found that all the staff had left and the garage-sized office was empty.
After that, Li Huan frequently received collection information from QQ and SMS, informing him that he still needed to pay more than 8,000 yuan. Li Huan reasoned with them, and the other party started swearing without saying a few words. The money collector also entered the QQ group in Li Huan's class and publicly said that he owed money.
Many students believe that what Zou Lu and Li Huan experienced was Qi Lingsi's "routine": deliberately not reminding students to repay or creating problems so that students could not repay, resulting in high overdue fees; After that, it will be collected by publicizing the arrears information.
The students said that the photos they took with their mobile phone boxes, ID cards and agreements were marked with the words "I owe money and don't pay it back" on P, which were sent to students, parents and classmates in the form of emails, and some even went to public platforms such as post bars.
In order not to be accepted, some students went to the police station to report the case. However, the police believe that the contradiction between students and 704 is an economic dispute, which is not easy to manage, and reminds that "if 704 maliciously collects money, you can call the police directly."
Soon, Li Huan's patience ran out. When he received the news of the assembly, he deleted it and blacked out all the people related to 704. "Love what you like. I certainly can't return so much. "
On the afternoon of May 6th, 5438+May 5th, the notice of service of Xixiangtang Court was posted at the door of grandma's house in Li Huan, Zhejiang.
Seeing this thin A4 paper, Grandma blindfolded, tore it off quickly and rushed to Li Huan's home.
"I don't know what happened." Li Huan said that before leaving work, he saw "Contact Wei" on the notice and called angrily. On the other end of the phone, he said, "Wei has been transferred."
After calming down, Li Huan went to official website of Xixiangtang Court to inquire about his litigation information, which showed that his case should have been opened in April, but now it has been postponed. He didn't dare to face his family, so he stayed out until twelve o'clock on purpose. As soon as I turned on the light, I found grandma sitting on the sofa with a sad face.
"If this thing is fake, it is really from the court. I looked for this man and said that he had been transferred. What can I do? " After that, Li Huan did not contact the court.
In June, when Zou Lu prepared a loan to buy a house, he found that there was something wrong with his credit information and owed Liuzhou Bank more than 3,000 yuan. To save trouble, he called the bank without asking.
Zou Lubao kept all repayment records. Alipay transfer, "704 Campus Flower" App repayment, plus the money to Liuzhou Bank, add up to 12000 yuan. However, in early June, he still received a service announcement from Xixiangtang Court. "Isn't the court investigating?"
Teng Bin explained that since no students contacted the court, the court could only conduct the trial based on the evidence unilaterally provided by Qi 04. "If the students do pay back the money and how much, they need to provide proof materials to the court."
As for Wei, the staff responsible for serving the notice of responding to the lawsuit, he did transfer his job recently.
According to Teng Bin, since 20 17 12, Xixiangtang Court has accepted more than 400 disputes over loan contracts between Qi 04 and students. Judging from the evidence provided by Qi Lingsi, in more than 100 cases that have been filed, most of the defendants bought mobile phones at the "704 Campus Flower", and the loan principal was about seven or eight thousand yuan.
Since 2065438+March 2008, Xixiangtang Court has successively served the defendants who have filed the case with responding materials, including the mediation plan proposed by Qi Lingsi: only paying the principal and bearing the legal fees. However, most of the defendants refused the materials, and a small number of defendants who signed for it did not appear in court.