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Identity information is lent by others.

"Urgent need of money? If you use your ID card for a loan, you can choose a line of 2-65438+ 10,000, with 0 mortgage and 0 guarantee. Simple procedures, the fastest loan. Such slogans are not uncommon. It seems to be a good choice for people who are in urgent need of money, but it has solved the urgent needs of some people and also spawned some online loan tragedies.

Except that some online loans owe high interest, my identity information is fraudulently used or borrowed for online loans. Finally, when I can't pay back the money, I have to bear the responsibility and even take legal risks. Let's take a look at the following case.

A friend asked me to use my identity information to help him apply for an online loan and promised to give me money before it expires. But now it's due, and my friend is unwilling to pay back the money. What should I do? Can I not pay back the money?

First of all, according to the Law of the People's Republic of China on Resident Identity Cards, it is illegal to lend ID cards. Secondly, under normal circumstances, the online lending platform will have strict review procedures to ensure the authenticity of the borrower's identity. Therefore, it is difficult to pass the online loan platform review just by lending your ID card to others to apply for a loan.

If I assist people who borrow identity information to apply for loans, the online lending platform may have collected materials, such as signatures and photos, through the review process, which can prove my true borrowing meaning. In this case, the online lending platform has issued the loan as agreed, and I am responsible for repayment. And if the online lending platform is sued to the court, the court will generally judge me to bear the responsibility for repayment. Then I can only negotiate with my friends or sue my friends for repayment while repaying the arrears of the online lending platform.

Case 2 suddenly received a dunning call from an online loan company, saying that the money I borrowed from their platform was due and threatened to sue me. I never borrow money. What should I do?

First of all, this friend's identity information is used by others to apply for online loans. It should be considered in two situations:

The first is that the other party applied for online loan without its consent. In this case, if the online loan company fails to fulfill its reasonable review obligation, then he does not need to bear any responsibility.

The second is that his identity information was stolen, so the nature of this matter is theft. As a victim, he has no obligation and responsibility to repay the loan.

In both cases, he has no obligation to repay. He should report the case to the police as soon as possible, and the public security organ should file an investigation to prove that the actual lender is not himself. If the online lending platform has been sued to the court, then he needs to respond to the lawsuit and prove to the court that his identity information has been fraudulently used to apply for online lending.

Case 3: My husband made an online loan with my identity information without my knowledge, and now he is urged to pay back the money. Can I refuse? Or is there any way to change lenders?

Hello! Generally speaking, you should undertake the obligation of repayment. If the creditor agrees, the lender may be changed.

Normal commercial bank loans generally require the lender to sign and confirm on the spot, and it is impossible to get loans only by identity information. According to the information you provided, your husband used your identity information to make online loans, which should belong to an online microfinance company. Although your husband borrowed money in your name, generally speaking, you may still have to bear the repayment obligation.

First, because it is an online loan, although you claim that your husband fraudulently uses your information loan, you can sue the court to claim that the loan contract is invalid. However, because the online loan submitted your identity information, even your mobile phone number, property status and other personal information, it is actually difficult to prove that the actual lender is not you.

Second, even if the actual lender is your husband, according to Article 24 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II): "During the marriage relationship, if the creditor claims the rights of one of the spouses in his own name, it is regarded as the joint debt of the husband and wife. However, one of the spouses can prove that the creditor and the debtor have clearly agreed to be personal debts, or can prove that it belongs to the circumstances stipulated in the third paragraph of Article 19 of the Marriage Law. " From the perspective of husband and wife's joint debt, it is also difficult for you to prove that the loan is not a joint debt of husband and wife.

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So, how to protect your identity information?

1. Keep your ID card, driver's license and other documents properly.

Don't lend your certificate to others at will. Lending your ID card at will not only violates the Law of the People's Republic of China on Resident Identity Cards, but also may create the illusion of entrusting others to do things, and it will bear the corresponding civil and administrative legal consequences, which is very risky. Therefore, it is not advisable to borrow money for kindness and petty gain.

3. After the ID card and other documents are lost, report the loss immediately and reissue them as soon as possible.

4. A copy of the ID card should indicate the purpose.

Related Q&A: Can I borrow money online with my ID photo? I can't borrow money online with my ID photo. 1. Peer-to-peer lending refers to direct lending between individuals through the Internet, which is characterized by low threshold, fast lending and simple operation. It adopts the big data risk control mode to conduct pre-user review and screening for financial institutions and recommend high-quality users for banks, which greatly reduces the difficulty and workload of banks in reviewing the credit status of SME users. Let's share its application process with you today. Second, the process of applying for online loans Applying for online loans is actually not to apply for many online loans at once, so on average, the application rate is not very high. The correct way should be to apply slowly one by one, and then apply for the next one when the last one has the result. Sometimes, every application may not be approved. If it is not approved, summarize the reasons, and what are the specific areas that do not meet the loan (how to quickly approve the loan? ) standard, and then adjust the strategy to apply for the next one. If you are rejected, check your application materials first and think about possible problems. Apply for online loan A first, and if it is rejected, see at which step it was rejected, and then carefully check the information involved in that step to pick out possible problems and see if there is room for optimization; Next, after the optimization is completed, apply for online loan B, so your success rate will be greatly improved. Of course, the choice of online loans is very important, and it is also important to choose a reliable one that suits you. Generally speaking, it is very important for everyone to operate a large platform and a stable platform first. The old and the new choose the old first, because the old has experienced the precipitation of time, and the open area has also increased. The new is generally unstable and the down payment rate is low. Therefore, the order is very important. Matters needing attention in applying for online loan (1) Mobile phone number and address book No matter you submit a loan application to any loan company, you need to provide your mobile phone number in order to get in touch with the applicant at a specific time. 1. It goes without saying that the mobile phone number must be real name and must be authenticated by my real name. If there is no real name, it is best to handle it in real-name registration system; In addition, the longer the mobile phone number is used, the better it is to apply for a loan. There is no abnormal information in the address book. We often receive all kinds of advertising information. Sometimes these advertisements are really helpful. We will keep them and give comments, such as "loan", "lender" and "loan intermediary". However, these materials are itemized by the loan company, and you will feel that you are particularly short of money, which will lead to a lower approval rate. Therefore, when filling in the mobile phone number, you can use these keywords in the address book to deal with contacts to avoid unnecessary misunderstandings. 3. Android phone users should pay attention to checking SMS. The SMS of Android phone can be read by a third party, while the privacy of Apple phone is completely protected, and no third party can read the SMS. Therefore, Android mobile phone users are exposed to more information in front of online loans, paying special attention to the following information.