1. If it is a contract signed by online loan fraud, you can directly call the police to investigate the criminal responsibility of the other party, or you can go to court to sue for canceling the contract signed by fraud and return the loan.
If the loan is signed under a false name, you should keep the relevant evidence and call the police in time. If the other party leads the victim to sign a contract by deception, then this behavior is suspected of contract fraud, and the victim can call the police to investigate the criminal responsibility of the other party. When calling the police, it is necessary to explain the process of being cheated in detail and provide real and effective information.
2. Legal basis: Acceptance and handling of filing materials in Article 110 of the Criminal Procedure Law of People's Republic of China (PRC). Any unit or individual has the right and obligation to report to the public security organ, the people's procuratorate or the people's court when discovering criminal facts or criminal suspects. Victims have the right to report and accuse criminal facts or criminal suspects who infringe their personal and property rights to public security organs, people's procuratorates or people's courts. Public security organs, people's procuratorates or people's courts shall accept reports, complaints and reports. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent department. Where a criminal surrenders himself to a public security organ, a people's procuratorate or a people's court, the provisions of the third paragraph shall apply.
Article 3 of the Civil Procedure Law of People's Republic of China (PRC) The provisions of this Law shall apply to the people's courts in accepting civil lawsuits brought by citizens, legal persons, other organizations and their property relations and personal relations.
Article 266 of the Criminal Law of People's Republic of China (PRC). Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
How to call the police for online loan routines?
1. After learning that the other party is running away, you should collect the following evidence as much as possible:
(1) loan agreement;
(2) Lending records;
(3) SMS and telephone collection records;
(4) The third party pays the loan certificate sealed by the company;
(5) Agency service agreement and power of attorney;
(6) Notice of assignment of creditor's rights;
(seven) background records of intermediary institutions;
(8) Other contracts or records;
2. After collecting relevant evidence, you should go to the police in time and provide relevant information to the police.
3. In practice, even if the preservation measures are taken in time, the actual situation is different, and the situation involving funds is also very different. If necessary, I suggest that you entrust a lawyer to follow the criminal procedure and civil compensation procedure of the whole case.
Because the process of civil compensation or asset recovery in such cases is very complicated, although you may have seized the property, in the end, the court will have to deal with the seized assets according to the specific circumstances of the case, which requires professional lawyers to follow up.
According to the provisions of the Criminal Procedure Law, if online loan fraud occurs, the victim can collect relevant evidence and then report the case to the public security organ to investigate the criminal responsibility of the fraudster; If the loss is not fully refunded, the victim may bring a civil lawsuit to the court for compensation.
What should I do with online loans?
Hello, I'm glad to answer your question.
Loans between natural persons take effect after the funds are delivered. According to your description, it should not be a contract signed between a natural person and an equal subject. If there are no conditions for entry into force in the contract, the contract will take effect when it is established, that is, it will take effect after being signed by both parties.
Therefore, if the contract you signed with the lending platform does not violate the mandatory provisions of laws and regulations or public order and good customs, it will not be invalid because the bank card is filled in incorrectly. I suggest you carefully check whether there are any relevant breach clauses in the contract, such as the responsibility of not issuing loans due to the borrower's reasons.
There are many online loan routines and high risks. I feel that this is their routine. According to common sense, the bank card is wrong, so just correct it. Why freeze funds? However, you don't need to worry. Even if the contract is valid, you can't issue the loan because of your reasons, and your fault is very small, so you won't cause any loss to the other party, and naturally you don't have to bear the responsibility. So at this time, you should be very cautious, don't trust the other party's fraud threats, be reasonable, and don't trust the other party's routine of auditing accounts or unfreezing accounts through transfer, so as not to be deceived.
In addition, if you feel the risk is great, since the loan has not been issued, I suggest you contact customer service and tell them to cancel the loan contract.
What should I do if I am cheated by online loans?
Since you have been cheated of money and know the name and bank card number of the liar, you should report the case quickly and go to the bank to freeze the bank card so as not to lose all your money. If the transfer has been made, it is necessary to call the police in time and contact the bank staff to freeze the funds.
1, call the police. It should be noted that the alarm numbers in all places are 1 10, and will not be other numbers. After the alarm, although there is little hope of recovering the loss, there is still a chance in case.
2, long snacks. Don't be fooled by this again. Remember the old saying: "Once you fall, you will gain wisdom." And don't believe that there is a pie in the sky. Especially scams like net k, net h, brush t, net a, net a and a bit.
3. Tell your own experience and warn others. Let good and innocent people no longer be deceived.
It needs to be emphasized that don't believe that cyber hackers will return your money. They will charge you first and then pull you black. Believing that hackers can find and cheat money is often the beginning of another scam.
5. If it is Alipay transfer, it is an instant payment transaction. Once the payment is successful, the money has entered someone else's account and cannot be returned. You can try to contact the staff of Alipay and give feedback on the situation of being cheated. Report and verify the other party's Alipay account. If the verification is true, Alipay will supervise and restrict the other party's account accordingly to prevent others from being deceived.
Basic series of online loan fraud routines:
1. "The bank account is inconsistent with my information". If you modify the information, you need to pay a "verification fee".
2. After the user pays the fee once, the system prompts that the "Risk Control Department failed the audit" account needs to be unfrozen, and the payment needs to be continued to verify the repayment ability.
3. After the user pays the second fee, he asks to continue to pay the fee on the grounds that the user's comprehensive credit score is insufficient.
If the user continues to pay, there may be other reasons for refusing. The repayment amount of each installment is determined by the total loan amount, ranging from several months to 65438+ 00%-30% of the total loan amount. Some gangs will also send the designated loan application packaging materials to users and charge the loan packaging fee.