The article comes from weekly gentleman everybody a group of things with common features " in new car "
An article in no less than " run quickly after incident, more consumer thought fors the time being: "Butterfly " had flown away, "Hurricane " come abruptly " be said, as run quickly woman's bicycle advocate of dimension authority incident ferment, the exists generally dimension authority difficult question in consumer caused each respect to pay close attention to eventually.
On April 17, chinese consumer society (the following abbreviation " in disappear assist " ) held in Beijing " drive solve a car to consume dimension authority difficult informal discussion " . On the meeting, union runs quickly car advocate dimension authority incident and car consumption domain complain a problem, disappear efforts went the front to respond to in, consume the question with existence dimension difficult advantageous position in the light of instantly car, announced 4 solve measure.
The personage inside course of study expresses, this in disappear assist call-over publicly run quickly incident of authority of leakage oily dimension, will connect the generation inside the industry to shake in steam wagon flow not only, also hopeful is driven raise a car to consume domain law to change with standardization level.
Does authority of car consumption dimension exist what problem?
2016-2018 year, countrywide disappear assist the organization is complained show with data of advisory information system, car product (contain component) complain from 15 thousand / year rise to 19 thousand or so / year, complain solve rate drop somewhat. The main problem that consumer complains has quality of dispute of after service, contract, product, finance to serve a problem to wait.
In disappear assist point out, authority of car consumption dimension basically expresses hard now 5 respects: It is operator concoct various pretexts, it is difficult that consumer differentiates; 2 it is operator does not provide an evidence, it is difficult that consumer obtains evidence; 3 it is product quality occurrence issue, customer identification is difficult; 4 it is operator shuffle disputes over trifles, it is difficult that consumer talks things over; 5 it is dimension authority involves an issue complex, consumer is complained it is difficult to solve.
Although Xi'an runs quickly woman's bicycle advocate dimension authority incident rings down the curtain with reconciling, but to more dimension authority consumer, the thing was not solved far.
Solve a car to consume dimension authority difficult question to drive, in disappear assist announce, will take 4 step next, cover a society to supervise, perfect legislation, complain the respect such as channel. In perfect and legislative side, in disappear assist domain of consumption of car of will thorough research highlights difficulty of problem and consumptive dimension authority, take an active part in job of pharos of relevant domain legislation, seasonable report consumer appeals to beg, promote perfect car to consume safeguard of dimension authority law.
Meanwhile, in disappear assist also warn customer, must strengthen dimension authority consciousness. Want to notice keep buys the relevant certificate such as car, maintenance. Reservation good car buys car bill and car " 3 packets " proof, it is the postulate that consumer thought fors the time being.
In the process that buy a car, consumer concerns the verbal commitment that returns cash pledge of the deposit that buy a car, insurance to wait to want to be taken care all the more to the businessman, notice keep deposit or deposit receipt, undertake recording to verbal commitment of the businessman when necessary, strive for actively sign papery deposit or cash pledge to return an agreement.
According to the car " 3 packets " regulation, mender ought to be built and carry out repair a record to file system. Written repair a record ought to in duplicate, one files, one offers customer. Accordingly, after consumer is repaired every time, answer to 4S inn or repair a factory to ask for maintenance bill, as in the future the evidence that thought fors the time being.
Should financial service fee close?
The message says, at present besides run quickly in 4S inn, large quantities of consumer also appeared to ask to return finance to serve the phenomenon of cost inside shop of distribute of many cars brand.
So, does finance serve cost after all to should close?
Above all, you need to be clear that what financial service fee is after all first. Financial service fee is a kind of charge of the collection after financial industry provides corresponding service actually, also cry inside course of study " intermediate business income " .
For instance the bank has much intermediate business, like remittance, turn Zhang, open card to wait, when the bank is offerring intermediate business to serve to you, want collection for certain a few poundage, this is " income of the business intermediate " . Because financial industry itself is service line of business, belong to tertiary industy, since be a service,want to collect fees for certain. Nevertheless, superintendency orgnaization has rigid limitation and regulation, not be to say to be able to do not have limit ground to collect fees at will.
But, car dealer and Motor Corporation are not financial orgnaization, serve cost without qualification and influence collection finance. Car dealer is not financial orgnaization, also cannot provide financial service. So, what is the financial service fee of car dealer collection after all?
According to Xi'an of total bureau of national tax Wu Shi Zhangmin of total economy of revenue of development of estate of new and high technology expresses: "Investigate the data that obtain evidence through us, discover so called finance serves cost, it is consumer namely car advocate with what the tripartite of 4S inn signs mat endowment serves an agreement. " the car basically borrows money in the bank, bank loan has period of time and process, tripartite serves (company) should replace a car advocate undertake to 4S inn mat endowment assures, the cost that produces from this, so they call mat endowment service agreement. Average consumer, the likelihood also includes store of a few 4S, common says serve cost for finance.
And according to current and relevant provision, not be inn saying 4S cannot collection " the service is expended " .
So, crucial point depends on, "Between car sale process, about involve a car to sell a few finance besides itself to serve cost to ought to with the price clearly marked mark a price, cannot enforce collection these charge. " Dong Zhu of deputy secretary-general of Chinese consumer society expresses.
That is to say, if the service charge of car dealer collection is made public ahead of schedule bright show, provide a service, open bill, and consumer know the inside story, it is action of a kind of market so, do not disobey relevant mandatory regulation. If be put in the misdirect, behavior that cheats customer, underground is unidentified show, also do not have bill, criterion cannot collection.
If Xi'an runs quickly woman's bicycle advocate the situation that encounter, without contract, bill and receipt, ask to reach charge pay even personal account, it is absolutely violate compasses illegal phenomenon.
In addition, in service of current car sale, still put in compulsive consumer to buy add of safe, pay to protect cash pledge or add to keep the problem such as bail, some agency do sth for sb business receives card fee, finance to serve cost more below the circumstance that did not tell customer, still do not open bill. In fact, these problems were disobeyed " car sale runs way " .
" car sale runs way " specific provision, agency is running a place with proper form bright show etc of sale car, fittings rate of the price of relevant product and each service, must not be sold in the adscititious price that mark a price or collection premium. A replacement of car of demarcate of the person that do not get offset to expend, things, finance, safe, come to help the provider that waits for a product and after service business. When agency sells a car, do not get compulsive consumer to buy insurance to be offerred compulsively perhaps for its do sth for sb car is registered register wait for a service. If have those who violate concerned regulation, by business affairs of place of prefectural class above director branch is instructed correct, can give warning or 30 thousand yuan of the following fine.
So, how to encounter afore-mentioned problems to should do? New car reminds everybody in, when buying a car, to collecting fees relevantly the circumstance must be clear about to car dealer knowledge beforehand, after if ask ask,be clear about, the decision buys a car, want to be opposite in the contract relevant collect fees undertake conventional, ask for relevant gathering proof.
If car dealer is put in the circumstance with con commerce, can superintend a branch to business affairs, market, also can protect to disappear appoint report. If involve banking, or pass the cost of financial orgnaization collection of the case fully in the silver-colored branch that keep watch, can ask ask to the silver-colored branch that keep watch. Relevant superintendency section can have done harmonious processing to work.
With " 3 packets " does the regulation reject to return money reasonable?
If Xi'an runs quickly woman's bicycle advocate the question that encounter is same, a few operator to car of customer pay off quality, however with the car " 3 packets " reject to assume the responsibility that return money or corresponding liability to pay compensation for the regulation.
In disappear assist point out, this has illegal law to set. "Consign qualification product is the contract obligation of operator, "3 packets " the regulation is hind the contract is compulsory, both do not answer confuse sth with sth else. Both do not answer confuse sth with sth else..
Protect a law according to consumer rights and interests, if operator sells is rejected product, it is unqualified commodity via concerning service to maintain lawfully, consumer asks to return money, operator ought to be in charge of returning money. If operator exists of fraudulent action, return an agree to carry corresponding liability to pay compensation.
Disappear assist also suggest, operator ought to respect consumer rights and interests, sincere letter, quick settle consumptive dispute. Consign product discovers a flaw inside 6 months, operator still has quote responsibility. Protracted shuffle, strong bully approach, want to be punished severely by law not only, can lose consumer credit more.
In addition, outside the tie of division law plan, in disappear assist the importance that also emphasized industry standard consuming dispute to solving automobile industry. "To a few PDI the examination flows at the form, cause consign car to be put in the operator of all sorts of problems, should strengthen industry self-discipline to give standard. " in disappear assist relevant chief says.
PDI is the abbreviate of English Pre-delivery Inspection, means " check before consign " , it is the inspection program that before agency delivers to new car consumer, must perform. Che Yue is high-grade, electronic automation rate is higher, so PDI examination project often is jumped over much. New car arrives at agency to be in what should experience hundreds of on 1000 kilometers possibly to carry from the manufacturer and long park, happen likely during a few blow touch or other and accident circumstance (although probability is very low) . To ensure the new car to customer pay is nonexistent any problems, PDI examination is indispensable, it represented new car to arrive from carriage commodity formal " solution is locked up " the turn that investment uses.
In addition, in disappear assist still be in legislature of the appeal on the informal discussion is extensive listen to consumer opinion, revise further, perfect " product quality standard " , car the 3 regulations such as the bag, promotion product quality assures legislative layer class, break the law clearly find out responsibility to arrive person, the protection of the person that aggrandizement offset is expended.
Legal personage expresses, 3 packets of laws ask for the car after editing opinion draft has been released, basis this second run quickly the problem that report highlights in dimension authority case, 3 packets of new laws may make to the computation of 3 packets of time mix more clearly specific provision. Additional, through this dispute, the policy sex file that will not also do not eliminate relevant section to be able to come on stage be aimed at car banking business alone or sectional regulations.
