How to protect your rights and interests when you get a fake loan?

Wang Xiumei and his wife in Zhangjiakou, Hebei Province, have a wife with lung cancer and a husband with cerebellar atrophy, Alzheimer's disease and cerebral infarction. The medical expenses of two people are about 2,000 yuan per month, and the daily expenses depend entirely on 400 yuan's subsistence allowance and child support. In 20 19, they were suddenly blacklisted by a rural commercial bank, so their subsistence allowances were automatically cancelled. Later, they discovered that it was the employees of the bank who applied for loans in their names. And there has been more than one such situation. Lawyer Liu of the law firm tells you how to protect your legitimate rights and interests.

First, claim civil liability from banks and employees.

Because the people involved work in the bank involved, the bank naturally participates. The "victim" can negotiate with the bank first and ask the bank to eliminate its bad credit record. If the bank refuses to cooperate with the settlement, or refuses to bear the corresponding responsibility, the "victim" can also collect evidence to bring a lawsuit to the court. Specifically, you can apply for handwriting identification to prove that the relevant loan contract and other materials are not signed by yourself, and accordingly ask the bank to eliminate bad records and ask the bank and the staff involved to compensate the "victims" for various losses.

Two. Report to the supervision department of the bank involved.

According to the author's experience in dealing with similar related cases, such cases have long been more than one. Among them, the internal control, supervision and management of banks are definitely not in place. According to Article 52 of People's Republic of China (PRC) Commercial Bank Law, "the staff of commercial banks shall abide by laws, administrative regulations and other provisions on business management". In this regard, the "victims" of fake loans can report to the local banking supervision and management department, and the supervision will intervene to investigate the responsibility of improper bank management and improper supervision.

Three, report to the public security organs, investigate the criminal responsibility of the persons involved.

According to relevant reports on the Internet, both the banks involved and the staff involved have admitted the act of taking the loan without authorization. In this way, if the employees involved forge or alter loan materials or steal personal information in the process, or there are other bad situations, they may be suspected of constituting criminal offences such as illegal loan issuance, and they can report the case to the public security organ according to law and investigate their illegal and criminal acts.

Finally, the incidents of such fake loans are endless. On the one hand, it is related to inadequate bank supervision. On the other hand, it also sounded the alarm for ourselves, reminding us to pay attention to the following matters:

1. Pay attention to protecting personal information and privacy, properly keep personal belongings such as ID cards and bank cards, and do not give criminals any opportunities;

2. Establish a sense of personal credit protection, regularly check personal credit reports at the Credit Information Center of the People's Bank of China, or check your personal credit at any time at a bank outlet with personal credit self-service inquiry equipment. Once fraudulent loans are discovered, they will be found and dealt with as soon as possible;

3. Don't lend your ID card to others easily, and don't easily believe in all kinds of borrowing and using behaviors for "nominal reasons", especially the behavior of giving high rewards, which is likely to be used for illegal acts such as handling loans.