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Is it true that online loan funds are frozen? Do banks need to unfreeze funds?
Recently, I found on the Internet that many people have encountered the situation that the funds were frozen when lending because of the wrong bank card number. Now, the borrower needs to submit the deposit to unfreeze. If not, the frozen money will still be liable for repayment, and it is said that it will be sued to the court for further legal responsibility. In fact, this is a typical fraud, but the means are relatively new. Here, in order to make this game more realistic, the other party will throw out a loan account certificate issued by the CBRC and an explanation for unfreezing the loan account, and then send a picture of the bank freezing funds (just like the cover). In fact, they talk so much and throw so much information at you, just to create an urgent atmosphere, just to force you to accept that this information is true, and the tense atmosphere will also make you unable to calmly distinguish the authenticity of documents (explained by the CBRC) and pictures (frozen by banks). This is all a game set by criminals, and it is easy for calm people or people with some legal knowledge to see through this scam.
People who encounter the real situation will have two questions: first, whether the freezing of funds is true, and whether the failure to submit the deposit will be investigated for responsibility; Second, whether frozen loans should be repaid. Now I will answer these two questions from a legal perspective. This is just my opinion. If there is anything wrong, please point it out so that everyone can learn and make progress together.
1. Whether the funds freeze is true or not, and whether the responsibility will be investigated if the deposit is not submitted.
To prove whether this freeze is true, we must first identify whether the CBRC documents and the interface for freezing bank transfer funds given to us by the other party are true. (I forgot to say, the reason why I want to talk about this kind of case is because I recently represented a case with such a routine, and what I am answering now is also my thinking of handling the case at that time. We have to prove that these two documents are false, and our most direct way is to contact the CBRC and the bank directly.
In fact, when the parties provided the CBRC documents, I felt it was fake in my heart, and then I thought of fraud. The reason why I thought it was fake was because our university opened a course called Practical Writing, and the teacher taught us that government documents were man-made, so I read the documents of the CBRC and found that the title and time format were wrong, so I decided it was fake. It is said that the CBRC is only a supervisory authority, and the supervisory authority has no right to freeze personal accounts. However, without conclusive evidence, it is generally impossible to talk to the parties directly. Therefore, they will further call the CBRC to make a complaint, and the final reply will not issue such a statement, nor will they have the right to freeze accounts and other statements. What surprised me most was that they also replied that there is no CBRC department now, only the Banking Insurance Regulatory Bureau. So read more books and pay more attention to current events. ) Now that it has been proved to be false, we already know that it is false. But the law is strict, so I went to the bank to check whether there was this transfer, and the answer was the same as I thought. By the way, it's all online consumption now. Maybe many people don't know much about transfer. In fact, as long as the payee's name does not match the cardholder's name, the transfer cannot be made, and even if the transfer is made, it will be directly dialed back. As long as these two documents are proved to be false, the answer to the deposit is ready. It is very important to call some important questions, and it is best to record them.
In fact, this is a typical fraud, just changing a dress. (Crime of fraud = illegal possession+provision of false information+misunderstanding and disposition of property. Haha, it's easier. Personally, I don't like to talk about the law directly, and I think the law is not suitable for ordinary people. )
Second, whether frozen loans should be repaid.
This is how I understand the problem. According to the relevant laws and regulations, the loan relationship between natural person and legal person is a kind of practice contract (contract can be divided into practice and promise, you can learn about it if you are interested). Since it is a practical contract, signing a contract is only a part of the loan relationship, but whether the loan relationship exists depends on whether the loan is received or not. Now the other party says that the funds have been frozen and I haven't got the money yet, you know. . . . In fact, I have considered other issues here, but since it has been identified as fraud, there is no need to say it. )
Although the above answers are all from the legal point of view, I didn't say a law (not to say that I didn't feel the need to write a law when I wrote a complaint during the exam). I have always believed that it is best to explain the law clearly in the language of saliva and explain it to ordinary people. Ha ha ha), personal statements are not necessarily related to the law, only others can understand them.
Hope to adopt. Good luck.
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