How to deal with the cheated loan to buy an electric car;
1, you can complain to the relevant departments to safeguard your legitimate rights and interests as a consumer;
2. You can call the police to investigate the criminal responsibility of the other party suspected of contract fraud;
3, can bring a lawsuit to the people's court, request to cancel the contract signed by fraud and return the payment.
4. Legal basis:
Article 224th of the Criminal Law of People's Republic of China (PRC) commits one of the following acts. Whoever, for the purpose of illegal possession, defrauds the other party of property in the process of signing and performing a contract, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention 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:
(1) Signing a contract in the name of a fictitious unit or others;
(2) Mortgaging with forged, altered or invalid bills or other false property rights certificates;
(three) to perform a small contract or part of the contract first, to deceive the other party to continue to sign and perform the contract, and to have no actual performance ability;
(4) After receiving the payment for goods, advance payment or secured property paid by the other party;
(5) defrauding the other party's property by other means.
Article 148 of the Civil Code of People's Republic of China (PRC) * * * If a party commits a civil legal act against its true meaning by fraudulent means, the defrauded party has the right to request the people's court or an arbitration institution to cancel it.
Second, how to deal with loan default?
According to the principle of good faith, both parties to the loan contract should keep their promises and fulfill their respective agreed obligations. If either party breaches the loan contract, "if one party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses." If both parties agree in the contract to assume responsibilities or related solutions, it shall be handled in accordance with the agreement. If there is no agreement, both parties may negotiate on matters related to the liability for breach of contract in advance. If negotiation fails, you can apply for arbitration or file a separate lawsuit. The lender and the borrower agreed on overdue interest rate and liquidated damages or other expenses. The lender may choose to claim overdue interest, liquidated damages or other expenses, or both, but the people's court will not support the part that exceeds 24% of the annual interest rate.
If it is a bank loan and the borrower fails to repay the secured loan at maturity, the commercial bank has the right to ask the guarantor to repay the principal and interest of the loan or give priority to the collateral according to law.
I hope the above content can help you. If you have any other questions, please click the button below or consult a professional lawyer.