Some banks stipulate that telephone loss reporting only helps to prevent and 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 telephone loss reporting and 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 is obliged to stop paying immediately to protect the property safety of consumers.
Overlord clause 2: Force majeure can be used at will to avoid confusion.
Some banks promise consumers that a card can be redeemed nationwide when handling a card, but consumers can't get money when they take the card to withdraw money from other places. The bank said that there are provisions in the card agreement that "the bank will not bear any economic and legal responsibility for the unsuccessful transaction of the savings card 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 means that banks are stealing the concept, and its essence is to excuse themselves.
Overlord clause 3 The company's articles of association stipulate that unilateral changes force the other party to be bound.
When handling a debit card, a consumer found that the "Regulations on the Use of Debit Cards" formulated by the bank stated: "This regulation takes effect without prior notice to the cardholder"; The Debit Card Charter also states 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 contract is concluded, neither party has the right to change the contract without the consent of the parties. Secondly, the Consumer Law stipulates that cardholders, as consumers, have the right to know the true content of the services they receive. Third, banks have no right to force cardholders to accept other new articles of association unless there are new mandatory provisions in relevant national laws and regulations or financial management rules.
Overlord clause 4 ATM records are not counted, and the deposit amount is determined by the bank.
Some consumers have reported that the one-time deposit limit of ATM machines is unclear, and there is a phenomenon of swallowing cards and rolling money. Moreover, there are bank regulations, "cardholders deposit cash at ATM machines, and the bank's verification is deposit and withdrawal accounts."
Comments: The accounts receivable records of ATM machines are inconsistent with the amount checked by bank personnel for many reasons. If there is any objection, consumers have the right to ask the bank to re-examine. If a bank fails to fulfill its audit obligation and causes losses to consumers' property, it shall bear corresponding civil liabilities.
Overlord clause 5: the bank forces the insurer to appoint a lawyer to pay the bill.
At present, most commercial banks require borrowers to buy home insurance when applying for personal mortgage loans, but they must take out insurance at the insurance company designated by the bank, and also require borrowers to check the credit status of loans at the law firm designated by them.
Comments: Consumers have the right to choose whether to accept the services of lawyers. It is unfair competition for banks to appoint insurance companies and law firms by force.
Overlord clause 6 mortgage loan to buy a house, full insurance before loan
Consumers reported that some loan banks said that when handling individual housing loans, consumers must insure the whole house (calculated by house price) and hand over the insurance policy to the bank in order to obtain the required loans.
Comments: Considering that the house value 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 fully insure the house.
collect
SMS Property Service Overlord Clause
Yesterday, China Consumers Association announced that the next stage of soliciting opinions will focus on short messages and property services, and consumers can report the unequal format clauses and industry practices that are obviously unfair to the Consumers Association.
The person in charge of China Consumers Association expressed the hope that consumers would reflect the following situations around them:
1.After April 15, 2004, in violation of the provisions of the Notice on Standardizing Short Message Service, the act of using unequal format clauses to set short message traps; The newly formulated short message service terms of obviously unfair;
2. The property contract and management convention formulated before September 1 2003, 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 2003 violate the provisions of the Property Management Regulations or have unequal format clauses.
The mailing address of the complaint is: China Consumers Association Standard Clauses Review Group, Floor 1 1, Machinery Building, No.248, Guanganmenwai Street, Beijing, with the postal code of100055; Tel: (0 10)632894 12. Contact information (name, address, zip code and telephone number) should be indicated in the letter, and copies of relevant supporting materials such as contracts, regulations, notices and practices should be attached.
Special tips
There is no limit to the number of "automatic dumps"
In response to the irregular practices of some banks, China Consumers Association issued a special reminder to consumers yesterday: there is no limit on the number of "automatic transfers".
According to a consumer, he made a time deposit at 200 1, and the certificate of deposit was marked with the option of "automatic rollover". When I went to the bank to withdraw money in March this year (which has exceeded the term of the time deposit), I was told to "automatically deposit" or "automatically deposit again", and then the interest will be calculated according to the current interest rate. The bank thinks this is the internal regulation and practice of the bank.
China Consumers Association believes that the "automatic deposit" clause on the time deposit certificate belongs to the format clause drawn up by the bank in advance for reuse, and the other party was not consulted when concluding the contract. In this regard, banks are obliged to explain to depositors, especially the number of automatic deposits.