What are the overlord clauses in China?

overlord clause 1 is not responsible for telephone loss reporting, and the effective time is delayed

some banks stipulate that telephone loss reporting is only for prevention, and it does not bear any responsibility, and the economic losses within 24 hours after accepting the written loss reporting are also borne by consumers.

Comments: In essence, both the telephone loss reporting and the written loss reporting are clear expressions of the parties' request for loss reporting. Therefore, as long as the bank receives the request to report the loss, it has the obligation to stop payment immediately and ensure the safety of consumers' property.

overlord clause 2 can be used at will due to force majeure, which confuses the concept.

Some banks promise consumers that one card can be exchanged all over the country when they apply for a card, but consumers can't get money when they take a card to withdraw money from other places, but the bank claims that there is a provision in the card agreement, "The bank will not bear any economic and legal responsibility for the unsuccessful transaction of savings cards due to force majeure factors such as equipment, power supply, communication or natural disasters or the cardholder's operational mistakes."

comments: if the transaction of savings card is unsuccessful due to equipment failure, the bank shall bear the liability for breach of contract. Listing it as force majeure is a concept that banks are stealing, and its essence is to exonerate themselves.

Overlord Clause 3 The articles of association stipulate that the other party is bound by unilateral changes.

When a consumer handles a debit card, he finds that the Debit Card Usage Regulations formulated by the bank states: "This regulation will take effect without prior notice to the cardholder"; The "Debit Card Charter" also puts forward that "the amendment is binding whether the cardholder knows it or not."

Comments: First of all, according to the relevant provisions of the Contract Law, after the conclusion of the contract, neither party has the right to change the contract without consensus. Secondly, the Consumer Law stipulates that cardholders, as consumers, have the right to know the true content of the services they receive. Third, the bank has no right to force the cardholder to accept other new articles of association unless there are new mandatory provisions in the relevant national laws and regulations or financial management rules.

overlord clause 4 ATM records don't count, and the deposit amount is set by the bank

Some consumers report that the limit of the one-time deposit amount of the ATM is not clear, and there are phenomena of swallowing cards and rolling money. Moreover, there are bank regulations, "cardholders deposit cash in ATMs, and the bank's verification is the access account."

Comments: There are many reasons for the discrepancy between the ATM account collection record and the amount checked by the bank staff. In case of any objection, consumers have the right to ask the bank to re-examine. If the bank fails to fulfill its audit obligations, causing losses to consumers' property, it shall bear corresponding civil liabilities.

overlord clause 5: the bank forces the insurer and appoints a lawyer to pay the bill

At present, most commercial banks require borrowers to buy home insurance when handling personal mortgage loans, but only if they are insured by insurance companies designated by the banks, and they also require borrowers to go to their designated law firms to check the credit standing of the loans.

comments: consumers have the right to choose whether to accept the services of lawyers, and it is an unfair competition for banks to forcibly appoint insurance companies and law firms.

overlord clause 6 mortgage loan to buy a house, full insurance before lending

when consumers apply for personal housing loans, a loan bank said that consumers must fully insure the whole house (calculated according to the house price) and hand over the insurance policy to the bank in order to obtain the required loans.

comments: considering that the value of the house may fluctuate with the market, the bank can stipulate that the insurance amount is slightly higher than the loan amount, but it cannot force the borrower to insure the house in full.

Solicit

Terms of SMS Property Services Overlord

China Consumers Association announced yesterday that the next stage of comments will focus on SMS and property services, and consumers can report these two unequal format terms and obviously unfair industry practices to the Consumers Association.

The person in charge of China Consumers Association said that consumers are expected to reflect the following situations around them:

1. After April 15, 24, they violated the provisions of the Notice on Regulating Short Message Services and set up short message traps by using unequal format clauses; The newly formulated short message service terms of obviously unfair;

2. Property contracts and management conventions made before September 1, 23, whose contents violate the Property Management Regulations and relevant laws and regulations, are still in use today;

3. The newly formulated property contracts and management conventions after September 1, 23 violate the provisions of the Property Management Regulations or have unequal format clauses.

Complaint mailing address: Standard Terms Review Group of China Consumers Association, 11th Floor, Machinery Building, No.248, Guanganmenwai Street, Beijing, 155; Tel: (1)63289412. Contact information (name, address, zip code, telephone number) should be indicated in the letter, and relevant supporting materials such as copies of contracts, regulations, notices and practices should be attached.

Special reminder

There is no limit on the number of times of "automatic deposit"

In view of the irregular practices of some banks, China Consumers Association issued a special reminder to consumers yesterday: "automatic deposit" has no limit on the number of times.

according to a consumer, he made a time deposit in 21, and the certificate of deposit was marked with the option of "automatic deposit". When he went to the bank to withdraw money in March this year (which has exceeded the deposit period of this time deposit), he was told that "automatic deposit" means "automatic deposit again", and then interest will be calculated at the current interest rate. The bank believes that this is the bank's internal regulations and practices.

China Consumers Association believes that the "automatic rollover" clause on the time deposit certificate belongs to the format clause drafted by the bank in advance for reuse and not negotiated with the other party when concluding the contract. In this regard, banks are obliged to explain to depositors, especially the number of automatic deposits. There are still questions, welcome to ask.