Attracted by the high interest rate of the peer-to-peer lending platform "Lending Treasure", Zeng Ke (pseudonym) borrowed money to invest in Lending Treasure when he was a sophomore in a university in Guizhou, and became a "creditor" and "intermediary", hoping to earn a high interest difference through low-interest loans and high-interest loans. "2000 yuan can earn hundreds of yuan a day."
However, from 2065438+mid-May 2006, Zeng Ke encountered a wave of "overdue tide", and the loan of 470,000 yuan could not be collected. However, the lent money has been superimposed with interest due to overdue. "The original loan 1.7 million, now with the overdue fee, has become 230,000, up 50% in three months."
In September this year, he gave up his junior year and dropped out of school to work, but his monthly salary of 2,000 yuan was only enough for his living expenses.
Zeng Ke, a college student who changed from a lender to a debtor, is not a case.
Chen Yibin (a pseudonym), a junior in Hubei, is now facing the same situation. The loan of 270 thousand yuan could not be recovered, which led to the overdue debt he borrowed. "The original loan was 1 1.9 million, and now it has become 1.74 million."
In their view, in addition to their own psychology of making money quickly, some problems of borrowing money are also the reasons for the large-scale overdue loans. For example, Zengke was able to borrow money from Lending Treasure at a relatively low interest rate, and then borrow money from Lending Treasure at a relatively high interest rate, which obviously has management loopholes.
Ceng Yi said that platforms involving campus online lending, such as Lending Bao, Fun Staging and Famous School Loans, have very loose lending thresholds compared with formal financial fields such as banks, which are prone to chain reactions. "Many people borrow money from home to their families. Once someone borrows a large sum of money to run away, their families will also be implicated. In May, a person rolled up more than 654.38+million and disappeared. "
In their view, the "lending to acquaintances with less risk" and "one-way anonymous lending model" declared by Lending Bao also have problems and risks. When they really plunged into it, they found that the so-called "acquaintance circle" was actually mostly strangers on the Internet. The information of these netizens can be bought 1000 times for 30 yuan on Taobao. However, when the truth was discovered, they could not stop lending because they were attracted by high interest rates.
Lending Bao's claim that "the collection mechanism is perfect and the overdue rate does not exceed 0. 1%" is even more absurd in Zeng Ke's view. According to his loan treasure collection records, the loan treasure collection staff called the debtor many times, but the line was busy all the time. Lenders often don't know the debtor's real address and work unit at all, and they often have to count first if the phone can't get through. Lending Bao customer service also asked Zeng Ke to provide debtor information, but Zeng Ke only knew the phone number and QQ number.
Should I sue the lender for repayment or take the initiative to collect debts? A "loan agreement" requires signing when borrowing money, but few parties will read it carefully. It clearly says that it only undertakes the obligation of being a witness. The agreement was evaluated by lawyers as "completely unprofitable".
According to the recently released Investigation Report on the Cognition and Behavior of Young Financial Businessmen in China, 48% of the college students surveyed said that they could not understand the campus loan fraud trap, and 23% of the college students surveyed thought that there was no financial product with high risk and high income, and they were easily deceived by high interest rates.
In this regard, Xiong Bingqi, an educational scholar, believes that the regulatory authorities should strengthen supervision, prevent the barbaric growth of illegal institutions, and provide a good environment for college students to invest in financial management. "College students also need to be more cautious in financial management."
College student loan business
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Overdue debtor and debt collection information in the account of the additional branch.
At the start of the school season in September, Zeng Ke returned to the university campus in Guiyang.
20 15 12 introduced by classmates, Ceng Yi, who just entered school, came into contact with borrowing treasure for the first time. "In the beginning, I helped to promote and earned hundreds of dollars. Later, I knew that I could earn the middle price difference when I put it out, and the offline rebate was more exciting. "
In February of this year, Zeng Ke tentatively borrowed 2000 yuan through the loan treasure. "If you put about 2,000 yuan, you can earn 100-400 yuan a day and get the money back quickly every time."
After trying for a few weeks, Zeng Ke, who tasted the sweetness, began to consider large-scale investment and lending. "In the beginning, I asked my parents for about 80,000 yuan and invested in it; Later, I publicized to my friends around me and asked them to invest, making up about 1.5 million. "
With the "support" of family and friends, Zeng Ke began to lend money through Lending Bao from 2065438 to February 2006.
In addition, he also borrowed 6.5438+0.7 million yuan from Lending Bao, and put in IOUs. "The interest on borrowing is low, but lending to others at high interest rates can earn the difference, and the earned interest can be reinvested."
Zeng Ke said that at that time he thought it was a business without capital. In just three months, with the interest of 70,000 yuan earned one after another, Zengke lent 470,000 yuan one after another.
But before he was happy for too long, he encountered a wave of overdue loans. "A large area of overdue loans began to appear in mid-May, and May 18 was the beginning. I lent out more than 470,000 at that time, and I couldn't get a point back. "
Zeng Ke said that borrowing money is easy to have a chain reaction. "Many people borrow money from home to their families. Once someone borrows a large sum of money to run away, their families will also be implicated. In May, a person rolled up more than 654.38+million and disappeared. "
Zeng Ke is also one of the families involved in primary and secondary schools. The money he lent can't be recovered, but the money he lent has been superimposed with interest. "Money can't be collected, and the borrowed money is overdue. Originally borrowed 1.7 million, and now with the overdue management fee, it has become 230,000. "
I thought that the debtor could recover the money slowly, but what Zeng Ke didn't expect was that from May to now, except for a few acquaintances,
He still has nearly 470,000 loans, which cannot be recovered.
Zeng Ke is not the only college student who is deeply involved in the debt crisis in a social group called Lending Bao.
Chen Yibin, a junior in a normal college in Hubei, used to be Zeng Ke's "home" in Lending Bao Li. "At the beginning, all my money was lent to an intermediary (referring to the intermediary who borrowed money on the online lending platform and then lent it out). Like him (Zeng Ke), he is an intermediary, lending my money to others at low interest, and then lending it to others with interest. "
Chen Yibin claims to be a cautious man. In June, 2065438+05, I began to contact Lending Treasure. At first, he was afraid to invest easily. "He has been watching." It was not until March 2065438+2006 that he released the first loan on the loan book.
"At the beginning, the loans were all lent to intermediaries. If you borrow 1000 yuan for 7 days, you can earn 80 yuan interest. " After tasting the sweetness, Chen Yibin began to invest a lot of money. "I have about 30,000 myself, and the rest are borrowed from friends and other online lending platforms."
Chen Yibin borrowed nearly 6,543,800 yuan from friends, 6,543.8+0,654.38+0.9 million yuan from platforms such as "Fun Stages" and "Famous School Loans", and successively invested in online lending platforms to lend, plus the interest earned before, and successively lent 270,000 yuan.
However, he didn't wait until the day when he enjoyed the interest with peace of mind, and he met an "overdue tide" in mid-May. "After that, he hardly received a penny."
Like Zeng Ke, the overdue fee for the money borrowed by Chen Yibin is increasing day by day. "The original loan was 1 19000 yuan, but now it is 174000 yuan, plus interest and overdue management fees."
"65438+1 October1Another online loan is due. I have to pay back the money borrowed by my friend on the 6th, and I can't afford it." Chen Yibin said that although he is still at school, "but he can't stay up late. From the end of May to the present, his nerves are very nervous every day, and it is estimated that he will drop out of school soon. "
Virtual "acquaintance circle"
In the early days of joining Lending Bao, what reassured Zeng Ke and Chen Yibin was "lending to acquaintances" advocated by Lending Bao. However, when they really plunged into it, they found that the so-called "acquaintance circle" was actually mostly unfamiliar netizens on the Internet. However, attracted by high interest rates, the pace of borrowing has been unstoppable.
Official website shows that Lending Bao is a P2P platform owned by Jiuding, a well-known private equity firm. It was launched in June, 2005+2065438, and its main operator is Renren Technology Co., Ltd. ..
According to Zeng Ke, when borrowing money, in order to avoid embarrassment of acquaintances, the lender can see the information of the borrower, and the borrower does not know the identity of the creditor, which is the "one-way anonymous lending model" pioneered by Lending Bao. For both borrowers and borrowers, the platform defaults to "acquaintances", so the platform will not review loan projects and evaluate risks.
A group established by debtors.
However, Zeng Ke soon discovered that debtors often contacted their creditors through QQ groups, and creditors also issued "borrowing targets" in QQ groups. These temporary QQ groups "don't know anyone, but they can borrow money."
"There are very few acquaintances who really need to borrow money. If you want to play big, you must expand your contacts. " Zeng Ke said that in order to find people who are willing to borrow at high interest rates, they will add some "treasure friends" who are in urgent need of money through various channels, with different ages and different jobs. "If you want to get more contact with" Baoyou ",you can buy 1000" Baoyou "on Taobao in 30 yuan."
What makes Zeng Ke even more angry is that in the early days of joining Lending Bao, the sponsor told him that Lending Bao has a perfect collection mechanism: after the deadline, it will be collected by phone, and it will be collected on the ground after 46 days, and it can be prosecuted after 76 days. "The sponsor said that we can borrow money with confidence and will definitely pay it back."
However, after the "overdue tide" appeared, Zeng Ke checked the collection record of "Lending Treasure" many times, showing that the collector called the debtor many times and the line was busy.
"Lending treasure has no ground collection at all, and they don't know the address of the debtor. They just called and couldn't get through. " As can be seen from the screenshot shown by Zeng Ke, a debtor surnamed Guo borrowed 162944 yuan from Zeng Ke, which was overdue 126 days. The collection progress showed that the debtor's phone was turned off.
Zeng Ke was angry again that the overdue rate of the "Lending Treasure" propaganda did not exceed 0. 1%. "Don't say 0. 1%, I feel 50%. I have more than 700 friends now, and more than 500 of them are' dead' (overdue). "
Ceng Wei believes that most debtors who have disappeared within the time limit may be due to the high overdue management fee of the loan treasure, "it is simply a huge sum." According to him, the basic overdue fee of the loan treasure is one thousandth of the principal plus interest, but the overdue fee is 16 days, and 20% of the special overdue management fee (charged by the loan treasure) will be charged, while the overdue fee is 76 days, and the management fee is as high as 30%.
"A man named Guo lent me more than 1.6 thousand. It is not interest now, and the overdue management fee will cost more than 50,000 yuan. " The 6.5438+0.7 million borrowed by Zeng Ke is also because the overdue management fee has risen to 230,000. "Some people see such a high overdue management fee and don't pay back the principal and interest at all."
In this regard, Lending Bao Zeng Fa Weibo explained that the charging standard of third-party collection agencies ranges from 5% to 40% of the total amount owed, and Lending Bao itself has no substantial profit in management fees.
In addition, Zeng Ke said that in order to facilitate investment and borrowing money, debtors often set up a "creditor group". "Sometimes he will bid in the group, that is, some orders with high interest and short time, and those who are ready to vote for the group will vote in seconds."
"Someone in the group put a list of 500,000 before, and it was taken away in less than a minute." Zeng Ke told the newspaper that some creditors with "good bids" were rushing to "invest" abroad, and they didn't even have time to chat.
Among Zeng Ke's numerous QQ groups, one was built by a debtor named Guo. "There are 75 people in the group, and almost all of them lend him money. Now that he is missing, everyone can't get a penny back. "
Embarrassed creditor
"If customers (creditors) can collect information such as the debtor's address, they can also feed it back to us through the platform." The customer service said that when using the loan treasure, the user only needs to provide his real name and ID number. When transferring money, they have to bind the bank card and do not collect information such as the user's address and work unit.
As for filing a lawsuit, the customer service staff said that the creditor can file an entrusted lawsuit through the client and transfer the creditor's rights to Renren Technology Co., Ltd. (a wholly-owned subsidiary established by Renren Technology), and Renren Technology will file a lawsuit against the debtor. "But for the transaction after March 16, the creditor needs to pay the legal fees in advance, and the losing party will bear the legal fees afterwards."
Are there any ongoing lawsuits? The customer service staff replied: "Yes, I believe there will be cases for customers soon." And are there any successful cases of litigation? The customer service staff called it "unclear".
Hearing the customer service's answer, Ceng Yi was desperate. "When I called, let us provide information, but I only know the phone number and QQ number here, and I don't know the borrower's situation. I can't collect information, and they can't find it, so they just put it there. "
You can't get back the money you borrowed. The debts borrowed by Zeng Yi and Chen Yibin on the platform of Lending Treasure are gradually overdue. "We often receive calls from' Everyone Reminder', let us pay off the money as soon as possible."
"We can't go to entrust litigation. If we pay the legal fees, Lending Bao will directly transfer the repayment. " Nowadays, Zeng Ke and others should not only "hide" to prevent debt collection, but also collect other debtors. Often when the customer service staff looks at the information, the purpose of trying to collect it will become to be collected.
"In recent years, the business of opening a shop in my family has been miserable. My parents know that I have no choice but to drop out of school, and they have no money to help me pay back. " Zeng Ke told the newspaper that he is now working in a factory, but his salary of 2,000 yuan per month is only enough for his own living, and he is simply unable to repay the high debts.
Since the incident, Chen Yibin has been afraid to tell his parents, "My family is in the countryside, and my annual income is only 10,000 to 20,000 yuan. There is nothing they can do if they know. "
During the interview, two college students repeatedly mentioned "I can't keep going" and "I really want to commit suicide sometimes".
"unprofitable" loan agreement
However, Zeng Ke said that neither the debtor nor the creditor has signed a written contract with the loan treasure, but when borrowing money, the debtor and the creditor will have a loan agreement. However, it does not explain what responsibility Lending Bao admits if the debtor fails to pay back within the time limit.
First, the name of the agreement is a loan agreement, misleading people into thinking that it is a simple loan contract. In fact, in terms of content and form, it is not a loan contract, but a third-party service provided by Renren Bank for both borrowers and borrowers. "Anyone can" just acts as a middleman and introducer.
Second, there is no agreement on the purpose of borrowing. Private lending often happens between acquaintances, but the role of "everyone can" is similar to that of banks. However, banks, as legal financial institutions, have different requirements and guarantees.
3. As an intermediary, "Renren Bank" stated in the clause that if the borrower fails to repay the loan on time, the lender has the right to transfer the rights and obligations under this agreement to Renren Bank. However, disputes between borrowers and lenders should be resolved by themselves or through judicial channels, and "anyone can" can only act as a witness.
Pan Shuhong said: "The loan agreement has almost no responsibility clause of' everyone has to do it', which can be said to be' no profit at all'."
In addition, he said that private lending refers to lending to specific people, such as friends and neighbors. If it is not lent to a specific person, the loan treasure may also be suspected of illegally undermining the financial order.
In this regard, in the Guiding Opinions on Promoting the Healthy Development of Internet Finance issued on 20 15, it is stipulated that the direct lending behavior on the personal peer-to-peer lending platform belongs to the category of private lending, which is regulated by the contract law, general principles of civil law and other laws and regulations, as well as relevant judicial interpretations in the Supreme People's Court.
According to the provisions of the Supreme Law on private lending, the annual interest rate below 24% belongs to the judicial protection zone, and the lending platform clearly stipulates that the maximum annual interest rate cannot exceed 24%. However, according to Zeng Ke, many loan interests are beyond this category.
"The interest rate set on the platform is still 24%. The extra part, such as 6%, will negotiate online to pay back the money and use Alipay to transfer the extra benefits to creditors. " It is this "high interest rate" that can be set at will without supervision that attracts more and more people to "invest".
It is difficult to prove by legal means.
On the question of how the two students can recover their debts beyond the solutions given by the platform, in June 65438+1October 65438+September, the paper interviewed Liu Weiguo, director of the criminal department of Shandong Quanshun Law Firm, and Zhai Liye, a lawyer of Yingke Shijiazhuang Branch.
Liu Weiguo said that in the case of borrowing money through a third-party platform, the probability that creditors report fraud and the police file a case is not high. However, he can directly sue the debtor through civil litigation. The process of prosecution is probably: collect online transaction records and transfer records, and bring a lawsuit to the court as evidence. However, in this case, it may be difficult to prove the debtor's information and it is difficult for the court to serve them one by one.
"It is also possible to investigate the responsibility of borrowing treasure." Liu Weiguo said, "In general, financial intermediaries should be obliged to review the identity information and the use of funds of debtors."
Lawyer Zhai Liye said that whether or not to prosecute fraud needs to consider two factors: first, whether the borrower has a fictitious purpose of borrowing; The second is whether the borrower induces the lender to lend at an obviously unreasonable high interest rate. In addition, if the lending behavior is completed through platforms such as "Lending Treasure", the creditor can directly sue the debtor according to the loan contract.
Zhai Liye said that under the existing model, the lending relationship formed through the platform is mostly an intermediary relationship between the creditor and the platform. In this case, according to Article 425 of the Contract Law, if the platform fabricates the borrower's information or has gross negligence in examining the borrower's loan purpose, the creditor may sue the platform such as Lending Bao for compensation.
After the overdue tide, Zeng Ke and Chen Yibin joined some dunning groups. In these groups, they found that many college students were heavily in debt because of loans.
The Ministry of Education and schools "it is too late to mend"
From 2065438 to May 2006, the Report on the Cognition and Behavior of Young Financial Businessmen in China jointly released by Tsinghua University Media Research Laboratory, Ant Financial Business School and Qingyan Think Tank showed that the average score of the interviewed college students' anti-fraud ability was only 69.48% of them could not see through the campus loan fraud trap, and 23% of them thought that there were no risky and high-yield financial products, which were easily deceived by high interest rates.
On June 65438+1October 1 1 day, Xiong Bingqi, an educational scholar, told this newspaper that "it is one thing for schools to provide financial guidance to college students, and the core is to standardize the lending platform." He believes that the regulatory authorities should strengthen supervision to prevent the barbaric growth of illegal institutions and provide a good environment for college students to invest and finance.
10 10 18, the staff of the propaganda department of a higher vocational college in Guiyang, where Zeng Ke is located, said that they did not know that there were students in the school who were in high debt. "We are not all clear about the situation of dropping out of school. We should ask his college. "
He said that now the school also attaches great importance to the issue of campus loans, and will check the lending platform promoted by the school to prevent informal platforms from deceiving students. "We will also send notices to all classes to let students invest cautiously."
Related Q&A: Lending Bao official website 1.23 version Lending Bao 1.23 version can be downloaded directly from Baidu Mobile Assistant. In addition, when registering a loan treasure, you should fill in the invitation code of 20 yuan: CWK9CAR to get the corresponding reward. Related Q&A: How is the loan treasure now? Regarding the recharge of Lending Treasure, after logging in to Lending Treasure, click Me → Wallet → Recharge, enter the recharge amount, and confirm the transaction password and verification code. Renren Bank Technology Co., Ltd. has insured the account security insurance for customers who use the Lending Treasure Platform in PICC P&C Beijing Branch, only to protect the customers from the theft of the Lending Treasure account during the use of the Lending Treasure, that is, only to protect the security of the funds in the Lending Treasure account. Please contact Lending Bao Customer Service for the specific payment process. "Because Lending Treasure Wallet claims to be very safe, and Renren Technology Company also said that if the money in Lending Treasure is lost, it will be paid, so many users trust Lending Treasure at first, but they can open the cards of these players. It is not difficult to find that the capture of" regulatory arbitrage "is an indispensable panacea for their popularity. The so-called Internet finance such as the chaotic lending treasure P2P, if it leaves the blessing of "regulatory arbitrage", I am afraid there is not much left. In the absence of supervision, this intensification can even develop to a shocking degree. For example, "campus loan" has become "naked loan for female college students"; As for the high-interest pyramid scheme, it is just an online version of the traditional Ponzi scheme. The third-party payment of Jiupai Tianxia (formerly Jinbaishi) provides the explanation of Guangzhou Branch of China UnionPay Co., Ltd., which proves that Renren Bank is a merchant of UnionPay and a lending business of UnionPay. China Industrial and Commercial Bank of China and China UnionPay have a fast payment cooperation business called "Card-free Channel". Guangdong Branch of China UnionPay Co., Ltd. has an account number of 3602001kloc-0/9200704927, which is the interface account between China UnionPay and ICBC. From the perspective of capital flow, as long as you use the "card-free channel" to spend money in ICBC, the first step will flow into the account number of China UnionPay Co., Ltd. Guangdong Branch: 360200119200704927. Then Guangdong Branch of China UnionPay Co., Ltd. and the terminal merchant code are 87 1440 159330003 for secondary liquidation. Jin Baishi, accepting institution, merchant name: (special) Renren Xingke Technology, merchant type (5933) Pawnshop (pawn, auction, trust) transaction channel: online, transaction type: consumption. In a word, under the channel mode, all the funds are transferred to the third-party payment account of Jiupaitianxia (formerly Jinbaishi) opened on the P2P platform of Lending Bao. The third-party payment company of Jiupaitianxia (formerly Jinbaishi) can only record the records of funds entering and leaving the merchant account of this (specialized) Renren Technology Co., Ltd. and which investors the borrower borrowed money from, but the third-party payment company of Jiupaitianxia (formerly Jinbaishi) has no records. These are only recorded in the member account of Lending Treasure Platform, and this record is only that Lending Treasure Platform adjusts relevant figures in its own system. In this process, the capital flow between investors and borrowers cannot be one-to-one. In addition, this model obviously forms a pool of funds and cannot break the black hand of the lending platform. The lending platform can freely use the funds in the third-party payment account of Jiupai Tianxia (formerly Jinbaishi). At present, most platforms suspected of committing crimes adopt this model. Under the banner of "internet finance" and "financial innovation", why can the third-party payment institutions in Jiupai Tianxia (formerly Jinbaishi) not be bound by various financial regulatory rules and compliance requirements that have long been proved to be effective? Obviously, it is not a commercial bank, but it can absorb and deposit funds, engage in a pool of funds, and then lend, even more freely than commercial banks, and can directly invest in the capital market without having to bear all kinds of regulatory and compliance requirements that commercial banks need to bear. This kind of regulatory arbitrage is pure unfair competition and pure plug-in, which is a major source of systemic financial risks. On the one hand, it fetters the hands and feet of commercial banks, on the other hand, it makes Internet finance play with knives, and even the minimum fair competition can't be achieved. What kind of financial innovation is this? 2065438+On June 3, 2007, the central bank issued the Notice of the General Office of the People's Bank of China on Relevant Matters Concerning the Centralized Deposit and Management of Customer Reserves of Payment Institutions. Since April 65438+2007, the payment institution shall deposit the customer's reserve funds into the special deposit account of the designated institution according to a certain proportion, and the funds in this account will not bear interest temporarily. The proportion of reserve funds deposited by payment institutions varies according to the types of business and the number of projects. The average proportion of initial deposits is about 20%, and all customers' reserves will eventually be concentrated. The era of "regulatory arbitrage" in the payment market will also end.