More and more friends borrow money to buy cars. They not only enjoy the convenience brought by cars and the benefits of buying cars with loans in advance, but also reduce the expenditure of one-time funds. However, borrowing money to buy a car also caused a lot of trouble.
Recently, a friend said that the car loan had been paid off, and the 4S shop that sold the car said to find the guarantee company that handled the car loan to refund the deposit, but the car loan company couldn't find it for a long time, and there was no place to get the deposit receipt to refund the money. Although two or three thousand dollars is not much, it's really annoying that my money is wasted like this. At that time, when the car installment payment was handled, the guarantee company said yes. As long as it is overdue for no more than three times, the deposit will be fully refunded after the loan is settled. But now, the people in the guarantee company can't contact, and they are caught in something out of thin air.
First, the deposit is not refundable. Two overlord clauses:
1. During the loan period, before the car loan is settled, you should buy insurance from the designated insurance company according to the contract, including at least compulsory insurance, car damage insurance, burglary insurance and third party liability insurance. That is to say, if you don't go to an old insurance company to buy insurance according to the requirements of the guarantee company, or if you don't buy insurance through people from the guarantee company, and there are fewer than the above types of insurance, there is basically no hope of returning the renewal deposit;
2 car loan repayment period, overdue repayment for more than three times, the performance bond will not be refunded.
Second, how to avoid missing the deposit when buying a car with a loan?
1. The renewal deposit is usually collected by the 4S car dealership. As long as the loan is renewed normally and on time, after the loan is settled, the refund will be made with the deposit receipt with settlement certificate, repayment details or large mortgage cancellation.
2. Some 4S stores will use renewal deposit as the insurance premium for the last year. It's better to buy insurance for yourself than never to return it.
3. The automobile mortgage contract is not signed indiscriminately. Be sure to look at the terms of the agreement and know under what conditions the loan deposit can be refunded (although it is mandatory, consumers are still a vulnerable group).
4. If the contract is unreasonable, an understanding should be reached before signing the contract, and in extreme cases, the proportion of compensation should be calculated. The loan deposit is generally 2% of the loan amount. If the loan amount is greater than this amount, we must be vigilant and not blindly pay back the money to avoid being overcharged and reducing losses.
5. During the whole repayment period, repay on time, and don't wait until the last day of the repayment date to deposit the monthly payment in the bank. It is best to deposit at least one month's monthly payment in a debit card a few days in advance to form a good habit. If there is an overdue record, your credit will be flawed.
6. During the repayment period, if possible, early repayment can not only save interest, but also greatly increase the possibility of deposit return, thus avoiding the situation that people go to the building empty.
7. Loan to buy a car Try to choose an auto finance company loan from a 4S shop. The deposit was paid in the shop. After the loan is settled, it will be refunded in the 4S shop. The general automobile 4S shop has a high reputation and lower risk than the guarantee company, and it is expected to be refunded.
8. When the charging party refuses to refund the deposit for various reasons, consumers should keep the necessary evidence and take out legal weapons.
It is understood that there is also good news at present. The state is formulating a series of regulatory measures to improve the access policy of guarantee companies. Banks require guarantee companies to pay a certain percentage of default deposit as a means to restrain guarantee financing companies and safeguard the legitimate interests of consumers.
What if the loan can't come down and the deposit is not refunded? There's always a way to solve it
Many people will take out loans when they are in urgent need of money, but many loans will make them pay the deposit first, but unexpectedly, the loan has not come down and the deposit has not been refunded. Then, what if the loan can't come down and the deposit is not refunded? In fact, there is still a way to solve it. Let's give you a brief introduction and see what to do in this situation.
What if the loan can't come down and the deposit is not refunded?
Most loans do not need to pay a deposit, but there are also special circumstances, such as car loans and mortgages, and there may be a deposit when looking for an intermediary loan. However, this kind of loan that needs to pay a deposit will have some stipulations specifically for the deposit in the loan contract. If the loan fails, the deposit will generally be handled according to the contract.
It is stipulated in the contract that the loan can't come down because of the lender's breach of contract. If you don't want to borrow after applying for the loan, or if the credit conditions are not up to the requirements and are rejected, and there are provisions for not refunding the deposit or deducting part of the liquidated damages, you can not refund the deposit or deduct only part of the liquidated damages; However, if the lender does not breach the contract and the loan does not come down, the other party will directly refund the deposit.
And if the contract does not stipulate that the deposit will not be refunded under the loan, or the lender does not default and does not refund the deposit, it can complain about getting the deposit back. Common complaint channels are online complaints, such as major complaint platforms, official website and China Banking Regulatory Commission; You can also call to complain or call the China Banking Regulatory Commission.
However, it should be noted that it does not mean that the deposit will be returned after the complaint. After receiving the complaint, the relevant departments will contact the lending institution and ask it to negotiate with the lender, but they cannot directly ask the lending platform to refund the deposit. If the lender finds that the lending institution is suspected, it can also call the police directly.
The above is the relevant introduction of "What should I do if the loan is not down and the deposit is not refunded". I hope it will help everyone.
Where is the complaint if the deposit does not retreat?
If the rental deposit is not returned to the housing management office, you can also apply for arbitration. If not, you can apply to the tenant, and the tenant can do it at the location of the leased house. According to Article 4 of the Measures for the Administration of Commercial Housing Leasing, the competent department of housing and urban and rural construction in the State Council is responsible for the guidance and supervision of housing leasing nationwide. The competent department of construction (real estate) of the local people's government at or above the county level shall be responsible for the supervision and management of house leasing within its administrative area.
Of course, the way for the landlord not to refund the deposit is negotiation. Generally, there will be an agreement on the deposit in the contract. The landlord's behavior is a breach of contract and can be handled in the way agreed in the contract. Of course, in this case, negotiations generally can't solve the problem, and most of them will come to this step. The landlord's malicious breach of contract violates the provisions of the civil law, and can demand the return of the deposit or the payment of liquidated damages according to the contract.
Secondly, the evidence must be sufficient, and the following matters must be proved: the lease relationship does exist and the lease relationship has ended, there is no so-called compensation for the landlord, and the landlord does have the act of seizing evidence. In order to prove the facts, the relevant information of renting houses is usually kept as evidence to support the claim.
1. If the lease contract does not specify the nature or rules of the deposit, the deposit will be regarded as the lease advance payment and will be refunded anyway.
2. If the party concerned has delivered the retention money, guarantee money, deposit, contract money, deposit or deposit, but the nature of the deposit has not been stipulated, and the party concerned claims the right of deposit, the people's court will not support it.
3. Unless otherwise agreed in the contract, the lessor shall return the lease deposit in full to the lessee without interest the day after the lease relationship is dissolved and the lessee has moved out, cleared the site and paid all the payable fees.
4. If there is any property loss during the lease period, the deposit shall be deducted, and the deposit shall be refunded after deducting the property loss.
5. When the nature of the deposit is clearly agreed, the role of the deposit is to set a guarantee for the house and the property in the house. If the lessor's house and indoor facilities are damaged during the lease period, it will be deducted from the deposit.
Where can I declare a non-refundable house purchase deposit?
Legal analysis
When buying and selling houses, both parties reach an agreement, and the purchaser pays the deposit. If either party breaches the contract, the contract cannot be fulfilled. Then the deposit penalty is imposed on the actually delivered deposit, that is, the buyer can't ask for the return of the deposit in case of breach of contract, and the seller needs to double the return of the deposit in case of breach of contract. Property buyers should check the deposit contract signed by themselves and see the contents of the contract. If it is agreed that the buyer goes back on his word and breaches the contract, the deposit will not be refunded, but the developer breaches the contract and returns the deposit twice, indicating that the deposit is a deposit and the contract signed is a deposit contract. If the breach of contract is caused by the buyer's own reasons, the developer can not refund the deposit, nor can it. If there is no breach of contract, but the developer does not return, the buyer can complain to the developer or complain to the industrial and commercial department, asking for a refund of the deposit and compensation for losses.
legal ground
Article 587 of the Civil Code of People's Republic of China (PRC) * * * If the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the debt or the performance of the debt is not in conformity with the agreement, thus the purpose of the contract cannot be achieved, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be achieved, the deposit shall be returned twice. Article 588 Where the parties have agreed on both liquidated damages and deposit, if one party breaches the contract, the other party may choose to apply the liquidated damages or deposit clause. If the deposit is not enough to make up for the losses caused by one party's breach of contract, the other party may demand compensation for the losses exceeding the deposit amount.
Non-refundable deposit complaint hotline
Legal analysis: You can call 123 15 and 963 15 Consumers Association for consultation and complaint.
The solution of renting a house without refunding the deposit is as follows:
Rent deposit is a one-month rent deposit negotiated by the landlord and tenant to protect the landlord's housing facilities from damage. The day after the lease relationship is terminated and the landlord moves out, counts and pays all the fees payable, the landlord shall return the deposit in full to the tenant without interest. If the rental deposit is not refundable, the tenant can talk things over with the landlord. If negotiation fails, he can collect evidence and report it to the landlord.
1, the rental contract is a sharp weapon. In order to avoid deposit, there are deposit clauses in general rental contracts;
2. You can get the deposit back every time you pay the original rent receipt to prove that you are not in arrears. Generally, when paying the rent to the landlord, the bank transfer or Alipay transfer is recorded. If it is cash, you should also leave a receipt;
3. List all the furniture and appliances. And by taking photos to save the current situation when renting a house, prove that you have not damaged the landlord's furniture and refund the deposit;
4. Telephone calls with the intermediary are recorded for evidence. If even the rental contract is taken away by the landlord like Xiaomei, then call the intermediary to draw out the fact that she has paid the rent and deposit, record it and leave a certificate;
5. If the landlord refuses to refund the deposit, he will call the Consumer Association at 123 15 and 963 15 for consultation and complaint.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 707 Where the lease term is more than six months, it shall be in written form. Article 707 Where the parties fail to confirm in writing that the lease term exceeds six months, they shall do so in writing. If the parties fail to determine the lease term in writing, it shall be regarded as an indefinite lease. If the lease term is fixed, it shall be regarded as an indefinite lease.
Article 710 Where the lessee uses the lease item in accordance with the agreed method or the nature of the lease item, thereby causing losses to the lease item, it shall not be liable for compensation.
Article 715 The lessee may, with the consent of the lessor, improve or add the lease item. If the lessee improves or adds other things to the lease item without the consent of the lessor, the lessor may require the lessee to restore the original state or compensate for the losses.
This concludes the introduction of where to complain about non-refundable loan deposit and how to solve the problem of non-refundable loan deposit. I wonder if you have found the information you need?