Pudong financial products loss of nearly 20% customers, bank disputes misleading sales

As a diamond-grade customer at Pudong Bank, Zhang Ping (a pseudonym) recently made a bad trip with the bank. According to the reporter survey, in early 2010, Zhang Ping in the PU Fat Bank account Manager's lobbying to buy a 2-year financial products-Tim Fu Niu 1th. 　　However, in March this year, after the expiration of the product, Zhang Ping not only without any profit, but the loss of the principal of about 20%, nearly 200,000 yuan. For a while, the two sides on the original purchase of products promised to "capital preservation" of the argument produced a disagreement.　　After two months of co-ordination, the two sides also did not reach a consensus, and Zhang Ping also said he will soon Sue Pu FA Bank misleading sales.　　The first purchase lead to a huge loss because of the Pudong bank Harbin Power Branch from Zhang Ping's home is very close, Zhang Ping's all personal banking business is basically in the business Hall, and has been in charge of the Customer Manager Zhao (alias) when contact. "Pudong FA Bank Power Branch is very close to my home, where I bought 2-3 years of national debt." Zhang Ping told the Daily economic news reporter, he is doing pharmaceutical research work, often travel.　　With little time to finance, his investments are mostly in the form of deposits and Treasuries.　　Zhang Ping is sure to tell reporters that he has never touched the financial products, funds and stocks and other high-risk products, and the bank's wealth management managers also know very well. However, at the end of February 2010, some of Zhang's deposits will expire.　　According to Zhang Ping's story, Zhao at this time actively contacted Zhang Ping, and strongly recommended a two-year Pudong-Xingye Tim Fu Niu 1th, a one-to-many household wealth management products, claiming that the product interest rate can reach more than 8%. Zhang Ping told reporters, "Zhao at that time claimed that there is no risk, but also dividends, strongly advised me to buy." However, I looked at the contract, which suggested that there was a lot of risk. Zhao told me that all financial products are written in this way, to dispel my concerns.　　In Zhao Persuasion, Zhang Ping at that time bought about 1.09 million yuan of the product. After buying, I was still not at ease with the company that had called the product to inquire. The staff of the fund company of Hui Fu said to me that they do not promise capital preservation. But, Zhao's saying is, ' you don't know them well, they won't dare to say capital preservation. You can rest assured that you are our bank's high-end customers, the bank will not be willing to lose a good customer.　　Zhang Ping said that in Zhao's rhetoric and trust in her, he was not good enough to say anything more. In addition, Zhang Ping also said, in order to be able to buy this product, Zhao Zhang Ping's customer risk level changed to "positive", this is the most disagree with Zhang. Zhang Ping told reporters, Zhao at the time of the explanation is, "if not changed into positive type, may not be able to buy this money in the bank products." "Reporter contact Shanghai Hui Fu Fund Company to understand, Tim Fu Niu 1th is a high risk of the stock-oriented financial products, not capital preservation, there is no 8% of the revenue commitment."　　This 8% is a line that the fund company shares and has nothing to do with the risks the customer is subjected to. Reporter call Pudong Bank power Sub-branch account Manager Zhao,She firmly denied the financial products of the "Capital preservation" commitment. "I have been transferred, not responsible for the financial products this piece." However, on this matter, I have never committed 8% of the wealth management product proceeds. "The evidence of the dispute for the bank's" not admit, Zhang Ping very angry. "Now for this matter to make up, is to prove Zhao to recommend financial products when I said ' capital preservation '." Of course, the product specification and the contract did not mention the capital preservation, but Zhao to my mail does have such a representation. Zhang Ping to the reporter to provide a number of emails, Mail sender's mailbox and Zhang Ping provided by the Zhao business card on the same mailbox. In one of the e-mails, the minimum income was indeed mentioned. "A one-to-many financial product is a special financing for high-end customers in the financial market now," said Zhao, a signature. This period is 100 households, Pudong do this product income has been very stable, very high, is the first choice for big customers, the minimum income of 8%, and only more than 8% management companies can do the corresponding income extraction. "If it is not capital preservation, why is there a minimum profit?" Zhang Ping thinks, Zhao sends the mail behavior to represent the bank's behavior, the mailbox address is also the Pudong hair Bank's mailbox.　　From this point of view, the bank's sales are at fault. "Zhao originally promised the capital preservation, but these have no way to prove."　　"said Zhang. However, in a television program, a manager surnamed Song of the Pudong Bank said that the content of the line to send this message understood, and Zhang Ping is not the same, do not think the mail can prove that the bank promised "capital preservation."　　At the same time, the "Capital preservation" commitment is not reflected in the contract, the proof of the strength of the message is slightly inadequate. "Going to a bank to buy a financial product is a trust in the bank and it is impossible to carry a recording pen with you," Zhang said. Although the previous Zhao commitment to capital preservation ' not admit ', but the content of the mail has been very good proof. Reporter interview relevant lawyers learned that the PU FA bank sent to Zhang Ping mail content of understanding, should be based on the understanding of Zhang Ping, and can not be sent to the understanding of the Mail party.　　However, often the mail can be forged, authenticity is to be determined. PU FA Bank headquarters concerned people in an interview that Pu FA Bank in this matter no fault.　　First of all, the contract does not mention the "capital preservation", but also related to the risks made a hint; second, Zhang Ping's evidence does not strongly prove that PU FA bank on the "capital preservation" made a commitment; Finally, because the financial product is indeed a loss, the Pudong bank has also communicated with customers, hoping to release targeted products to reduce customer losses. "The bank also accepts lawsuits from clients and hopes to resolve the matter by legal means," he said.　　said the person. A senior lawyer in Beijing told reporters that bank clients are often at a disadvantage in their lawsuits with banks. "Recently in the hands of a rights case, but finally lost, because the bank in the financial products contract Exemption clause has been avoided all due to losses arising from the responsibility." At the same time, the Bank client's appeal means that it must be mentionedFor reliable, strong evidence, but often some verbal commitment to more, unable to obtain evidence.　　The lawyer said. Many customers don't know much about financial products, so they don't spend hours looking at contracts and more on the sales staff, according to the lawyer. But once the bank has a client's "signature", it is difficult to hold the salesperson accountable for the lawsuit.