Law

Uncovering the dark plot of "debt planning": fake services, real fees

2024-12-18   

The latest news on debt in 2024 has arrived. If you can't repay it temporarily, don't rely on loans to support loans. You can now apply for a green channel... "This type of brainwashing marketing advertisement, have you ever gone viral? Recently, many people who call themselves lawyers and debt planners have sprung up on major Internet platforms, and they have launched advertisements for debt overdue planning, saying that they can negotiate online loan overdue and take interest free account. Even many have opened live streaming rooms, set up debt and debt legal consultation rooms, and staged the drama of "online loan negotiation" in an attempt to further attract traffic. It should be noted that behind the claim of free consultation, there are hefty service fees to be charged. Behind debt optimization is actually obtaining thousands of yuan in service fees, borrowing money but not repaying it. Can we negotiate online loans and suspend interest payments? This is a question raised by many consumers, only because such advertisements and propaganda have been found on many Internet platforms recently. Don't transfer your credit card/online loan overdue, I'll teach you this method Recently, some consumers have reported to Beijing Business Daily reporters that they frequently come across marketing messages from a certain law firm on short video platforms or social media, claiming that a green channel has been opened for those who have overdue or are about to overdue loans, and as long as they are willing to repay, they can apply. After further clicking, it is necessary to fill in personal information including debt overdue amount, overdue platform type, overdue time, as well as name, phone number, etc., submit and click to obtain the plan and quotation. I was just thinking of giving it a try, but little did I know that after filling out this information, it was like poking a hornet's nest. One phone call after another asked me if I was overdue and if I needed to plan my debt The consumer claimed that during this period, in addition to debt consultation calls, they also received many loan promotion calls. This kind of debt planning marketing fed back by the consumer is not uncommon. On many Internet platforms, Beijing Business Daily reporters have found relevant content of debt marketing. Taking the marketing of a law firm as an example, it claims that 20 online loan platforms, such as Huabei, Borrowing, Repayment, Paipai Loan, EasyFlower, Haophasing, Installment Music, Microparticle Loan, Doudouqian, Free Spending, Anxinhua, Qianhuaand 360 Debit Notes, have opened a green channel for debtors who cannot pay. What is a green channel? The Beijing Business Daily reporter further conducted a personal test. From the page, it can be seen that the law firm claims to focus on solving the problem of overdue debts, and only solves debts of more than 50000 yuan. Clicking to obtain the plan requires further access to the personal information and debt information of the debtor. These information are actually "customer acquisition clues" of law firms on the Internet platform. They collect information such as the name, phone number, city and debt type of consumers, and then further contact them by phone or WeChat. Soon, a "Gold Debt Planning" from a law firm in Hunan contacted a reporter from Beijing Business Daily. After understanding the reporter's needs, they requested the reporter to organize the loan platforms and corresponding details that would be overdue, and claimed that they could help operate a deferred repayment plan for one to three years. We can help you with interest suspension and account suspension. Currently, there is no need to repay again, and penalty interest and interest will be waived upon maturity. You will no longer have to pay the high interest rates of 24% to 36%. "This debt planner provided a plan introduction. However, when asked about the green channel, the person did not respond directly and only introduced that "unlike other small workshop companies, we are negotiating directly with the internal channels of the platform." During this negotiation process, the borrower needs to entrust the law firm, sign a contract, and connect personal information materials, which will then be handled by the legal department and the loan platform. Before signing the contract, the debt planner required the Beijing Business Daily reporter to pay a deposit of 500 yuan first. In addition, the entire debt negotiation process required the reporter to pay a 5% service fee. Taking a debt of 90000 yuan as an example, the service fee is 4500 yuan, which is divided into three payments: deposit, mid-term payment, and final payment. Multiple loan companies have responded that the so-called green channel and online loan negotiation methods mentioned above are not true. Beijing Business Daily reporters have sought verification from multiple loan platforms, but the responses received are all "not true". Among them, Ant Consumer Finance replied that the company has noticed the chaos of online information such as "personal debt restructuring" and "debt optimization", which belong to the black and grey assets in the financial field. On the one hand, it increases the financial burden and credit risk of overdue debtors; In addition, it also damages the legitimate interests of financial institutions and may even trigger criminal activities such as fraud, illegal fundraising, and pyramid schemes. Meituan also responded that they have not negotiated with the company regarding the suspension of reminders or installment payments. The so-called help to stop collection by the agency is actually a call forwarding process that makes customers unable to perceive the collection contact. Lexin stated that it has explored various ways to combat such financial black and grey industries. Since 2024, Lexin has cooperated with multiple local police forces to effectively crack down on illegal proxy rights protection and black industry organizations. The relevant person in charge of the Consumer Rights Protection Committee of Xinye Technology also stated that in the face of black and gray products aimed at fraud, they will resolutely use legal weapons to protect the rights of consumers and companies. In the future, we will continue to strengthen cooperation with market supervision, public security and other departments to thoroughly investigate and crack down on such advertising information. At the same time, we will strengthen education on protecting users' rights and interests, improve their financial literacy and risk prevention awareness Qifu Technology said so. Su Xiaorui, a senior researcher at Suxi Zhiyan, told Beijing Business Daily reporters that the current problems in the market, such as overdue negotiations, debt restructuring, and debt optimization of online loans, are a reflection of the proliferation of illegal "anti collection" organizations. Criminals act on behalf of clients through illegal means, applying and pressuring financial institutions to demand suspension of debt collection, exemption of debts or compensation, and profiting from this. The so-called green channel is just a tactic used by criminals to lure clients. From a legal perspective, Xiao Sa, senior partner of Dacheng Law Firm, also told Beijing Business Daily reporters that in fact, most online lending platforms cannot achieve "extension". Xiao Sa frankly stated that regardless of the plan, it does not have a good effect on debt repayment. Seeking such intermediaries to handle debt may not only fail to extend the debt, but also result in a significant loss, which is not worth the loss. It is worth mentioning that issues related to optimizing online loan debt and debt negotiation have been previously warned of risks by multiple parties, as a negotiation drama is being staged in the live streaming room for overdue custody. The China Internet Finance Association has previously pointed out that such illegal and illegal acts of agency protection not only seriously disrupt the normal order of the financial market and the normal operation of financial institutions, but also may breed other related crimes and endanger social stability. Recently, the Office of Cyberspace Affairs also issued a document proposing to maintain a high pressure and severe crackdown on online financial information chaos, and together with relevant departments, dispose of a number of accounts engaged in illegal financial intermediary activities on platforms such as Tiktok, Kwai, Weibo, WeChat, etc. Among them, it is mentioned that the current illegal financial activities are characterized by diverse forms and strong concealment. Many of them charge "decapitation interest" under the pretext of "debt restructuring" and "debt optimization", which increases the burden on debtors. So why are there still chaos despite multiple reminders? In addition to the exhibition tactics, Beijing Business Daily reporters have also conducted investigations on its spread channels. Compared to the past, there have been many changes in the patterns. For example, online, when reporters search for keywords such as debt negotiation and debt planning, they see a lot of promotion information from debt consultants on multiple platforms. For example, on interest based social media platforms, they usually set keywords such as "interest suspension and account suspension", "credit card overdue", "debt negotiation", "overdue negotiation", etc. By publishing some successful cases of proxy rights protection, they deceive or induce borrowers to consult with them or even sign proxy rights protection agreements. On some short video platforms, when searching for keywords such as debt overdue processing, you will also find many accounts claiming to be lawyers or legal professionals. Some of them use videos to seemingly popularize knowledge about online lending and remind people of debt risks, but in reality, they are also used to guide debt negotiation and charge high agency fees. Why does chaos not only require follow-up governance, but also multiple measures? Behind the seemingly reduced burden on borrowers, there are actually many risks involved. On December 16, Beijing Business Daily reporters also interviewed several Internet platforms to verify the chaos of debt negotiation on online platforms. A short video platform has stated that for overdue negotiation advertisements on online loans, the platform will conduct pre content verification, in-process inspections and recalls, as well as post event punishment mechanisms. The platform will also verify the qualifications of advertisers, and those found to have diverted traffic through false advertising will be dealt with according to platform rules. The person in charge of another short video platform also mentioned that the platform will crack down severely on all kinds of illegal financial content. If users discover black industry clues such as "debt restructuring" and "debt optimization" under the guise of collecting "beheading interest" on the platform, they can click to report on the platform, and the platform will handle it in a timely manner. In addition, these financial black and grey organizations, disguised as "legal aid", "debt resolution", "proxy rights protection", "overdue negotiation", etc., have actually caused many loan platforms to complain. Multiple interviewed institutions told Beijing Business Daily reporters that the core issues that need to be overcome in the current industry are key nodes such as illegal evidence collection of black and gray products, cracking down on typical cases, and blocking illegal information networks. In the industry's view, cracking down on illegal agency rights protection and financial black and grey industries requires close cooperation from multiple parties such as the judiciary, society, and industry to form a joint effort to rectify them. It is necessary to improve the legal and regulatory system, strengthen the collaborative governance mechanism among multiple departments, use technological means such as big data and artificial intelligence to enhance regulatory efficiency and accuracy, and severely punish illegal behaviors discovered in accordance with the law to form a deterrent. At the same time, the organization also calls on consumers to be vigilant and not to easily believe the exaggerated propaganda of illegal intermediaries, and to avoid using illegal means to protect their rights. At the regulatory level, it is also urgent to establish a cross departmental coordination and linkage mechanism at the national level, gathering the strength of various departments such as cyberspace administration, public security, economic investigation, and financial supervision. While clarifying the division of responsibilities of each department, typical financial black and grey industry problems such as "anti debt collection", "telecommunications fraud", and "insurance fraud" should be addressed together. Several analysts suggest that consumers should be cautious about information on online platforms and not trust it easily. At the same time, it is necessary to have a clear understanding of China's laws and regulations, as well as one's own debt situation. Instead of using funds for suspension of collection and litigation, it is better to directly negotiate with the platform to repay some debts in order to achieve the goal of deferred collection. (New Society)

Edit:Rina Responsible editor:Lily

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