Civil | Daily figure Wu Lun edits Wang Hui
2018 the end of the year, lawyer Zhou Ling discovers, oneself discharge more than 1200 when withdraw cash pledge troop in Ofo. Because feel,queue up to retreat money all up, she wants to recover cash pledge with arbitral means. At this moment lawyer of friend yellow Liza offers, be inferior to recovering cash pledge through applying for Ofo to go bankrupt.
This one idea got Zhou Ling's self-identity finally. On January 23, 2019, zhou Ling is northerly court of people of division of capital city Haidian (court of Haidian of the following abbreviation) mailed application material.
On July 18 morning, zhou Ling is in Haidian forensic last a period of time 10 minutes of time, received 199 yuan of deposit of Ofo go back. In the 6 months time that await, zhou Ling cost EMS to mail postage to use, run twice to the subway money of Haidian court, add up to 34 yuan.
On the court, ofo agent expresses, from last year in the winter up to now, ofo has returned the deposit of many 200 user.
Daily figure understands, still have about 16 million person at present in awaiting gold of return a deposit. Reflect this consideration, if Ofo wants to pay off the cash pledge of all users, need 8 0 months 5 years about. Before this, the actual measurement data that partial media gives out is 12 years.
The gold of Ofo return a deposit of Zhou Ling's lawyer is ranked (suffer the person that visit to offer a plan)
Discover 199 yuan of cash pledge were not retreated, with go bankrupt application chases after debt
On December 4, 2018, ofo author holds CEO Dai Wei concurrently to be carried out " limitative consumption makes " hind, ofo produced gold of extruding sex return a deposit.
When bottom of month in and month out, zhou Ling discovers, oneself have 199 yuan Ofo bicycle cash pledge to was not retreated. After referring refund to apply for, the system shows she discharges the 12 millionth when withdrawing cash pledge troop.
Zhou Ling was calculated below, if carry cash pledge of recapture queueing up, ofo should pay off a platoon to be before her first at least the cash pledge of 12 million person, this amount is 12-24 about 100 million yuan.
Zhou Ling wants to carry arbitral recapture cash pledge at the beginning, but she is engaged in law working 7 years, know arbitral cost is relatively high, the time that arbitral place needs is longer also.
Through going bankrupt application seeks the think of a way of debt, come from Zhou Ling once lawyer of colleague yellow Liza.
Lawyer of Huang Li Sha basically is in charge of estate lawsuit and criminal case at ordinary times. Before becoming a lawyer, there already ever were 5 years of judges and experience of official of examine of 3 yearly checks in law, nearly two the year's harvest are a lawyer.
Huang Li Sha tells daily person, oneself are right all the time go bankrupt the program has more contact, have early " with go bankrupt application chases after debt " idea.
On December 22, 2018, law place bought course of a few video, among them a female judge was mentioned " the holiday goes bankrupt to press for payment of debts really " operation, this aroused Huang Li Sha again " with go bankrupt application chases after debt " idea.
Along with Ling of the Later Zhou Dynasty and Huang Li Sha discussion has problem of Ofo cash pledge, huang Li Sha offers then, the method that can go bankrupt with application gets back cash pledge. This idea gets Zhou Ling finally agree.
On January 23, 2019, zhou Ling has been written go bankrupt requisition, prepare evidential data, mailed of Ofo administer seat court, haidian court.
On April 28, after Zhou Ling and yellow Liza receive front courtyard careful to inform, come to Haidian court. On the court, the acting lawyer that Huang Li Sha regards Zhou Ling as expresses to the judge, want recapture cash pledge only, recall application.
Show in the article of interlocution platform according to 2 people after the event, on July 18, zhou Ling receives front courtyard careful the 2nd times to inform, come to Haidian court, this Ofo expedited the law Wu of the company to attend front courtyard careful as agent.
The judge stated the application fact of 2 people and reason, after asking a few pertinent questions, ofo agent wanted Zhou Ling on the spot pay treasure Zhang mark, give her return of 199 yuan of cash pledge.
Zhou Ling's lawyer receives refund check to pursue (suffer the person that visit to offer a plan)
Dimension authority wants prepaid 6100 yuan, templar ever " hard knock " clausal out of court
In Zhou Ling " go bankrupt application " before recovering 199 yuan of cash pledge successfully to Ofo, be not the legal approach that has tried to go other without the person, but end in order to fail.
2018 the end of the year, courtyard of law of Beijing aerospace university is big how does 4 students prince pass Ofo software to apply for go back cash pledge, but did not get refund, customer service phone also cannot get through. How does prince discover subsequently, oneself also were become " main forces of gold of return a deposit queueing up " a medium, after ranking 14 million.
How does prince prepare to get back cash pledge through lawsuit, right now he discovers, the user that signs at the outset has an arbitral article in the agreement, produce any issue, the commerce of China International economy that need appoints to Ofo is arbitral committee (abbreviation trade intermediate appoint) application is arbitral.
How does prince think, be this arbitral clause bars 1600 more than user was in outside dimension authority door.
Trade intermediate appoint at promoting committee by China International commerce in April 1956 the organization is established, it is one of orgnaizations of main standing commerce arbitration on the world. According to trade intermediate appoint government-owned net introduces, domestic case applies for the arbitration, charge is 6100 yuan at least.
It is very clear that prince is installed, want to apply for the arbitration to get back cash pledge, ofo user wants at least first 6100 yuan of arbitration expend pay for sb and expect to be repaid later.
How to look in prince, above all Ofo is arbitral to this in user agreement of the clause indicate, did not obtain legal provision " remarkable " degree; Next the arbitral cost of your writing of pay for sb and expect to be repaid later, not small obstacle exists originally for the user that demands deposit to chasing after; And, ofo has managed difficulty, even if wins victory in arbitral program, the money after the event of this pay for sb and expect to be repaid later is carried out almost impossibly also to answer Ofo user hand again in.
On January 14, 2019, prince installs the arbitral provision that to Beijing court of the 4th intermediate people applies to affirm Ofo user agreement is medium to disable.
How prince receives accept case advice note (suffer the person that visit to offer a plan)
In two talks after accepting application, the judge tries to mediate. How does prince express to daily figure, if oneself choose at that time " get better closes " , also can lead successful recapture cash pledge probably, but he chooses " hard knock " after all, insist to ask to rule this are arbitral clausal effectiveness.
On July 5, beijing the 4th class is intermediate people court ruling, reject the application that prince installs. And the cost of 400 yuan of application that application requires, also bring pay by prince.
relatively rule at princely An Shen arbitral clause is invalid please, the means chasing after debt of Zhou Ling and yellow Liza more act artfully to get what one wants.
"Application goes bankrupt can jump over the arbitration, and need not pay arbitral fee, also need not pay legal cost. " " can retreat best, incapable word, the flower is participated in 199 yuan go bankrupt in the case, much be to one's profit. " after the event, zhou Ling and yellow Liza sum up experience.
Professional personage is anxious: The method duplicates to be out of order possibly in great quantities
On July 20, how did prince see leave a message to Zhou Ling after the article in interlocution platform, 2 people have intent open up a column, help everybody apply for Ofo to go bankrupt to confirm arbitral clause effectiveness with the request, together " hard knock " after all.
How does Zhou Ling disclose to daily figure with prince, 2 people still are in at present in exchanging views, specific how to write, how was of short duration of division of labor placed.
Be opposite one case " hard knock " this kind of practice of Ofo, huang Li Sha holds secret worry. She expresses, with go bankrupt once the person that applies for to chase after debt rises more, may affect processing attitude of the court, or Ofo goes bankrupt liquidation, or court entirely with " abusive lawsuit right " for reject.
How is prince held be anxious likewise, "If the number of application is overmuch, these methods can be out of order probably. These methods can be out of order probably..
Zhou Ling expresses, she disapproves of too much person to duplicate " application goes bankrupt seek deposit " experience, think forensic big probability can reject the applicant's appeal toing to beg.
Zhou Ling is analysed, above all Ofo gets public opinion attention fully, the need when the court hears a case assumes greater pressure; Next, ofo matters to a lot of creditor, include supplier and each content to shed business, and user of 16 million Ofo, case process will be very complex; And accept much person to apply for to will make forensic workload leap; Finally, the government also may not be willing to see Ofo is entered temporarily go bankrupt the situation of liquidation.
Zhou Ling still says, average user prepares to go bankrupt when application material, the likelihood exists professional insufficient problem. And, go bankrupt after application is accepted, the user needs Ofo administer the court attends front courtyard careful, this has more discomfort to nonlocal user.
3 professional personages all think, go bankrupt after the number of application becomes much, do not eliminate Ofo to enter go bankrupt the possibility of the program. Once Ofo is entered go bankrupt liquidation, will probable endowment not pay a debt in kind or by labour, the user is very difficult instead recapture cash pledge.
Return a deposit is difficult (graph / Xu Jun of Xinhua News Agency)
How is Zhou Ling mentioned with prince, "Small cry case of bicycle commonweal litigation " it is lessons drawn from others' mistakes.
March 2019, cash pledge of 70 much users cannot remand, small cry bicycle is sued by Guangdong province Consumer's Committee. This is the first commonweal lawsuit of countrywide that shares bicycle trade. On the court, small cry bicycle controller Guan Bin expresses, the company can choose to go bankrupt only liquidation.
July 2017, small cry bicycle plans to entrust Chinese renewable resources to develop limited company to be opposite small cry bicycle undertakes reclaiming dealing with, by every car 12 yuan of prices undertake reclaiming.
Public data shows, small cry bicycle accumulative total puts in 430 thousand cars in the whole nation, with this computation, although put in entirely the bicycle gets reclaiming, small cry bicycle also can reclaim only more than yuan 500, far can't repay debt.
