Introduction
Roll out Fang Le to distribute the capital fund of confused be in harmony of business, it is the endowment canal brand that Shanghai borrows network division easily to fall; Appropriate borrows a net is its correlation company, congeneric Shanghai borrows net finance information easily to serve limited company.
Give in the house oneself the orgnaization that rent, one-time rental 5 years, after hire pays one year, lin Hua (alias) should go up " refuse landlord " , feeling very save worry.
But what did not think of is, after 8 months, she gets a company that maintain put in order suddenly " chase after debt " short message, jing becomes aware he became " borrower " .
Find out further under, lin Hua discovers, in her unwitting circumstance falls, the orgnaization that rent the name with her, signed hire year Fu Baoli contract and decorate borrow, him under one's name has two add up to to exceed 100 thousand yuan debt not only nowadays, still be faced with the prosecution of the company that maintain put in order.
21 centuries economy reports the reporter investigates discovery, those who let Lin Hua be immersed in dispute is Shanghai borrow money network division easily to be called below one " Fang Le is divided " hire discount product, among them orgnaization has drag in not only appropriate borrows capital fund of be in harmony of net, confused, still include Tian Chen to collect power business to maintain put in order (Shenzhen) limited company (Tian Chen of the following abbreviation) run limited company with Hunan allow and property (allow of the following abbreviation and) . These a few orgnaizations trade through complex financing, make Lin Hua becomes target of the debt that be chased after from landlord finally.
Hire of city of near future a gleam of goes up greatly, its hire the guest's hire to borrow rear, formed the capital pool of orgnaization of the operation that rent, be pointed to to be one of financial venture dots. And this case of Lin Hua, it is the hire discount business of landlord level, this product structure is involved rent, protect manage, P2P, and amount and dimensions are giant.
Those who deserve attention is, business of discount of this kind of hire, it is the rent profit with landlord regards reimbursement as origin, once cannot get the hire income of full specified amount, follow-up reimbursement cannot undertake, the investor of landlord and P2P, will assume huge risk.
From " refuse landlord " to the accusedOn December 12, 2017, via intermediary introduction, lin Hua and Hunan allow and property management limited company (allow of the following abbreviation and) signed " the building rents a contract " , lease 5 years, chummage year pay, every months 2300 yuan, absolve two months chummage the first year. Go up every year since 2019 the hire of 5% , altogether of 5 years of hire is close 150 thousand.
Occupy Lin Hua to recollect, the autograph makes an appointment with 7 day hind, she got stack of test and verify of two mobile phones, allow and explanation, this is information of chamberlain of test and verify of head office need, ask Linhuadi is piled up for this test and verify. Lin Hua complied with. The following day, she received hire of the first year to increase the deposit of a month, in all 25200 yuan.
Lin Hua does not have suspicion. Till 8 lunar hind, on August 10, 2018, she gets a short message that comes from Tian Chen suddenly, requirement reimbursement 49175 yuan, pay penalty due to breach of contract of exceed the time limit 2978 yuan.
The Lin Hua of water of a mist contacts load to take according to short message content. Customer service produced triplet electron contract, it is respectively " mandatory / agreement of complement of the contract that rent " , " hire year Fu Baoli serves a contract " , " loan contract " , say to answer according to this 3 contracts Lin Hua reimbursement.
Lin Hua this ability Jing becomes aware, code of oneself test and verify is used at signing a contract. Back-to-back, she makes public a net to inquire in Chengdu court administration of justice, on August 17, 2018, oneself and other many landlord became defendant, corespondent still has the Xin of legal representative king of allow and property, accuser is Tian Chen maintains put in order, the case is in at present cognizance condition.
Make public a net according to Chengdu court, tian Chen serves as accuser, prosecuted 69 people respectively, brief of a case is contract dispute.
From " refuse landlord " to the accused, lin Hua contacted 10 landlord that have collective experience with her, all was piled up to sign triplet electron contract by allow and property diddle test and verify, got the short message that chases after debt. According to Lin Hua statistic, 11 landlord under one's name owes amount tot 588 thousand yuan.
The banking that Fang Le separates covers a regionLin Hua remembers, the test and verify that oneself receive at that time piles up a short message, origin is Fang Le cent.
Fang Le is divided is asset of confused be in harmony advocate make a product, the financing that occupy confused produces official information, this is the product of the banking that rent of discount of a hire. "Offer chummage to shift to an earlier date for landlord circumfluence, low cost of trade of help apartment operation extends room source, promote the market competition ability. Promote the market competition ability..
Wang Xin expresses to report of 21 centuries economy, tian Chen looks for him at first, recommend Fang Le to distribute this product, saying is OK help allow and solve hire year paid financing source.
Then, below Tian Chen's assistance, allow and want Lai Linhua people code of test and verify, signed much portion contract. Wang Xin admits, contract of this triplet electron is signed below landlord unwitting circumstance completely. "Tian Chen expresses to need to sign this triplet contract with landlord name at that time. " Wang Xin says.
Contract of the renting contract that the reporter examined Linhuadi carefully to offer and triplet electron discovers, on foundation of true the contract that rent, allow and guide the landlord such as Lin Hua, in order to rent mandatory (compensatory) the contract is a foundation, had rent year Fu Baoli and decorate borrowed financing.
Among them, tian Chen protected manage, Lin Hua and allow and property tripartite to sign the contract that maintain put in order, tian Chen plans to let rent the receivable hire rights and interests below the contract through sufferring, can make Lin Hua and allow are mixed ahead of schedule one-time gain income of 56200 yuan of hire; Lin Hua is in charge of reimbursement, once exceed the time limit, tian Chen can chase after countervail to Lin Hua, ask allow is mixed assume joint liability.
This is the information that why Lin Hua receives day Chen dun.
Another " loan contract " show, lin Hua borrows a net to regard between two parties service as platform as borrower, appropriate, initiated brushstroke to decorate loan, amount is 56200 yuan, interest rate is 11.9% . Lender involves 12 individual.
Be filled with Guo Ren of copartner of division whole world, lawyer to analyse, looking from afore-mentioned contracts was to form two loan, specific nevertheless should include the information such as bank running water to be with full data accurate.
And look in the landlord such as Lin Hua, have brushstroke borrow or lend money only actually, it is 56200 yuan. According to Wang Xin's view, of Tian Chen those who protect manage to be equivalent to be being mixed to allow is directional give a letter, side allow and pay for sb and expect to be repaid later year hire and decorate a paragraph.
In this process, need landlord cooperate, initiate with the name of landlord loan and sign the contract that maintain put in order, "That is to say, myself undertakes P2P decorate loan, tian Chen took away this money, pay this cash to I and allow to mix again, is this a fraud? " Lin Hua says.
So, the P2P that borrows a net to undertake in appropriate with landlord name decorates loan, how be what to have hire discount again arrive over there Tian Chen after all? Fang Le distributes a product trade is the structure after all what kind of?
To this, asset of be in harmony of Tian Chen, confused, appropriate borrows a net to all was not responded to.
Report inquiry according to 21 centuries economy, roll out Fang Le to distribute the capital fund of confused be in harmony of business, it is the endowment canal brand that Shanghai borrows network division easily to fall; Appropriate borrows a net is its correlation company, congeneric Shanghai borrows net finance information easily to serve limited company.
Occupy media coverage additionally, last year June, asset of confused be in harmony is rolled out " Fang Le is divided " , pay 1-2 ahead of schedule to landlord for operation business year hire, it is main reimbursement origin with the building hire of operation business.
Look in Guo Ren, in this case of Lin Hua, landlord information was dealt with by privately divert loan, the real lender of platform of landlord and day Chen, P2P formed leasehold law concern; In the meantime, allow and property held the position of many parts, since tenant, it is financial intermediary, still be sublessor at the same time.
But because between two parties position is in whole trade flow is established mediumly, bring about allow and property avoid responsibility of a lot of civil law, in the meantime, cover through the hire, means that decorates a generation to close now, tian Chen got a benefit, went to reimbursement responsibility marry again however on landlord body.
And once allow and capital catenary rupture cannot reimbursement, the investor of landlord and initiative P2P platform, will face a risk.
On one hand, the company that maintain put in order can chase after countervail to ask allow and property assume joint liability at the same time to landlord; On the other hand, according to Lin Hua " loan contract " , borrow in appropriate there were 12 investors to lend her money on the net. She also has reimbursement responsibility to this. Current, those 12 investor receive corresponding money unknown, if do not have, investor perhaps wants him to bear a loss.
Guo Ren thinks, allow and property are in whole in hiring room and financing process, use loan of unwitting user information, had been suspected of bilk; Reach the financing that maintain put in order to begin from loan, regard reimbursement as origin with hire redound only, can't prop up whole trade, have the objective of detinue.
In the meantime, the company that maintain put in order and appropriate borrow net and borrower to sign the means of the contract to carry a short message only, not Shi Ming borrower, did not use up clew obligation. Two financing product is suspected of violating compasses, maintain especially whether to exist leasehold acceptability, the leasehold concern that forms a basis is put in serious problem.
Those who deserve attention is, business of discount of this kind of hire abounds in in the market. Confused financing produces government-owned network news to show, fang Le divides business to already offerred the capital of more than 1 billion dimensions to serve for nearly 10 thousand house-owner; In addition, still a lot of similar banking products are cooperating with business of operation of much home boarding house.
On September 5, the reporter calls customer service of asset of confused be in harmony, the other side expresses, fang Le divides a product to show already out of service; And on the Guan Wei that produces in confused financing, hire discount business already cannot be registered.
Lin Hua still does not know why Tian Chen wants to sue his now, received reimbursement information also does not know to want how to be handled. Wang Xin issues statement, maintain put in order relevantly, decorate loan contract, all be in landlord people happen below unwitting premise, each involves provision, rights and interests, responsibility, obligation and agreement have nothing to do with each owner.
He is affirmatory still, the building place that each paid landlord before the bottom in August 2018 owes property administration fee, manage clear to mix come off the law between each landlord and Tian Chen or economic dispute, if produce any economic dispute or legal issue, you Wangxin and allow and, house is breathed out (allow and related company) in full charge. Say additionally according to Wang Xin, at present allow is mixed talking things over with Tian Chen solve a problem, and because lawsuit involves a number numerous, chengdu court of short duration did not issue subpoena to the landlord such as Lin Hua.
Civil: Come from report of 21 centuries economy
