"Loan gang incident" survey: Tens of millions of overdue loans Rashomon door

"21st Century Economic Report" 12.8 million overdue loan exposure, as a peer-to-peer industry veteran, loan network CEO Yin Fei into the center of the whirlpool, very anxious.

According to the 21st Century Economic Report reporter survey, at present, the fact is that the loan network and the former Sea Finance leasing (Tianjin) Co., Ltd. (hereinafter referred to as "the former Sea Finance lease") signed the agreement on the transfer of financial leasing assets, the latter of their issued car financing lease assets through the loan network, transfer of creditor's rights to investors. However, after a part of the false target of the situation, and investors may be part of the investment in real estate projects, the debt transfer agreement expires after the expiration of the payment, the loan was overdue in May 2014, the scale reached 12.8 million, involving nearly 500 investors. Yet more than 800,000 has been recovered.

Similar to the lending network, another Peer-to-peer platform in Shenzhen--everyone's enrichment--is also due to work with the former offshore finance leasing company, resulting in 12.9 million of overdue.

The relevant parties involved in the loan incident are very broad, at least including investors, loan network, the former Sea finance leasing, investment projects, as well as a number of related parties, the person in charge or intermediary. In an interview with an economic reporter in 21st century, the parties were diverging and almost plunged into the "Rashomon gate".

Investors have failed to honour their projects, and have already communicated more to the loan network and have done so in a variety of ways.

Loans to help the network that the former Sea finance leasing company and the company's general manager 袁某 in advance of the project, to obtain platform investors funds, in August 2014 through the Shenzhen Municipal Public security by investigation report.

The former Sea finance leasing related Responsible person said, this matter for the company general manager 袁某 individual behavior, has nothing to do with the company, refuses to fulfill the repurchase creditor's rights agreement.

Yuan MoU said, all work in accordance with the procedure to the company for instructions, report, he is only the executive person.

What is the truth about the complex events in which the parties disagree?

The reason for the loan incident

It all started a year ago in the agreement on the transfer of delegated credit. After the early negotiations and communication, October 2013, the loan to help the network and the former Sea finance lease signed the above cooperation agreement.

According to the agreement, the former Sea finance lease in the loan to help the Internet transfer of its management of the debt (issued by the car financing lease claims), the former shall provide the basic information of the transfer of the creditor's rights according to the latter's form, lend the relevant information to the net, and transfer the creditor's rights to the investor according to the price of the former Sea finance lease. The loan management of the debtor is still borne by the finance lease of the former sea.

21st century economic reporter inquires about industry and commerce data learned that the former Sea Finance leasing (Tianjin) Co., Ltd. in February 2013 in Tianjin Binhai New area registered, registered capital of 10 million, the legal representative for Liuyulin, business scope including financing leasing business, leasing business, to buy domestic and foreign lease property, The disposal and maintenance of the salvage value of the leased property, consultation and guarantee of the leasing transaction.

In terms of shareholder contribution, the former Sea Holding (Hong Kong) Limited, Shenzhen Pure Green Advantage Equity Investment Enterprise (limited Partnership) respectively contributed 2.5 million and 7.5 million, respectively, holding the former Sea finance leasing 25% and 75% of the shares.

21st century economic reporter from the former Sea finance leasing and loan network confirmed that the two sides of the first transfer of debt transactions on October 31, 2013, the formal transaction, the initial cooperation, the credit network are duly received in the transfer of debt of the principal and proceeds, and distributed to investors in accordance with the rules.

All contentious issues arise from an account change.

In accordance with the Agreement on the transfer of the entrusted creditor's rights, the loan network shall assist the finance lease of the former Sea Fund settlement in the process of transferring the creditor's rights; The loan network shall, within a certain period of time, transfer funds from its third party escrow account to the designated account of the former Sea lease (the legal representative of the former Maritime finance lease Liuyulin The personal account of the merchant bank); After the expiration of the creditor's rights, the finance lease of the former Sea should return the principal and interest to the company account of the construction bank.

In late November 2013, the former general manager of the finance leasing 袁某 to the loan to help the net to raise the requirements of the account change, and issued a cover with the company's official seal and the legal representative Liuyulin signed the "Information Change confirmation", adding a "designated account"-Zongchunlan in China Merchants Bank's personal account.

The former Sea finance leasing company and the loan help network many people to 21st century Economic report confirmed, Zongchunlan and the former Sea finance leasing general manager Yuan MoU has the close relationship.

"After the change of the account, most of the transfer funds are made to the increased Zongchunlan personal account." "Credit Network director Liu Yan to the 21st century economic reporting reporter.

May 2014, the loan to help the network began to receive debt transfer project principal and interest, there are overdue. Afterwards, some investors put pressure on the loan network to ask for repayment and complained to the relevant financial regulatory authorities and public security organs. August 2014, credit Network to Shenzhen Public Security Bureau report.

According to Liu Yan disclosed that the credit network before and after the cumulative forward Sea Finance lease designated two accounts transferred to the transfer of debt nearly 20 million, single transfer in 100,000-200,000, in May before the overdue, has successfully received more than 7 million of the payment, the remaining 12.8 million did not honour.

According to the 21st Century Economic report reporter learned that the current Shenzhen bureau has been the case of detailed investigation before, but has not yet been formally filed. Reporters repeatedly called Shenzhen and the case in charge of police officer Lin, no further details of the case.

Reporter further investigation found that the "loan help incident" behind, involved a wide range, there are many controversial key points, some of the job and personal behavior mixed.

21st century Economic reporter in-depth investigation of the incident, and interview the main principals or related parties involved in the incident, one after another to verify the relevant details, and strive to three focus on the issue, to restore the "loan incident" truth.

Focus One: Is the account change agreement true or false?

"After the project is overdue, we have to negotiate the financing lease before we know that many subsequent claims are false; the last time the sea lease received feedback is that the account change is a person's behavior, and the company has nothing to do. "Loan help Net CEO Yin Fei said.

A statement from the financial leasing of the former Sea to the 21st century economic reporter said: "The company and the lender signed a strategic cooperation agreement, and the personal account of the corporate legal person received a loan for three debt transfer, respectively, October 31, 2013, December 30, 2013 and February 10, 2014, The total amount was $423000 and was paid off from January 2014 to April and has been fully cleared. In addition to these three, the company and the company's designated personal account has not received any other loans transferred to the money. The strategic cooperation corresponding to the above framework agreement was in fact terminated after April 2014.

Loan network disclosed that the sum of money for the sum of nearly 20 million, and the former Sea finance lease confirmed the collection is only 423,000, the difference is very far, mostly by the account changes caused by the controversial amount.

Qian Hai Financing lease further said that May 14, Yuan (former Sea finance leasing company general manager) to the company said that there is a large amount of money between the loan, because of the temptation to high interest rates, the vast majority of funds transferred to Sichuan, when the other party has ceased to repay the principal. After the company to lend help to verify that the two sides have the relevant transactions. However, the company has not yet been able to identify the reasons for such a large amount of money, many funds.

Yuan MoU said to the reporter, he is only a specific project executor, all work according to the procedure to the company for instructions, report, the company for the above project investment beforehand is informed.

For the former Sea finance lease and the contradiction between the two sides of the argument, loan network commissioned lawyer Lee to the 21st century economic reporter said, "Change the account letter is valid, signed and stamped whether forged, we are unable to judge, need to seek professional body identification." If the company acts, the former Sea (financing) lease must fulfill the repurchase clause, if it is a personal behavior, it is suspected of fraud. ”

Loans to help the network at present, is to take the criminal way to the public security report, the reason is that a person suspected of fund-raising fraud, rather than take the civil way, to the court to sue, demand the former Sea finance lease performance repurchase obligations.

However, Yuan has always told reporters that it is the company's behavior.

Focus Two: Who's in charge?

The responsibilities of the parties in this incident have also been discussed.

On November 11, at a seminar organized by the net loan family, many peer-to-peer platform executives and lawyers believe that, from the point of view of the loan network, because it is not responsible for specific project management, its responsibility may involve mainly two aspects, first, on the platform to the investors to show the objective of the authenticity of the information to identify; Although the commercial model of the loan network is "platform does not provide guarantee", but after the full mark, the investor's page shows by "Lend the guarantee company to provide the guarantee" (but the loan helps the net to call the staff error).

Cao Jun, a lawyer at Guangdong Lian Jian law firm, said that the first liability should be the borrower (creditor), the lender has joint and several security liability, when the first repayment source can not be repaid, it must be repaid by the guarantor.

But before the authenticity of the account change agreement is not identified, the first liability of the overdue project is also disputed. If it is a personal behavior of yuan, it may involve criminal cases, the related responsibility and the pursuit of funds need to be investigated and supervised by the public security organs.

In accordance with the loan network and the former Sea finance lease signed the "Agreement on the transfer of credit", the latter undertakes that if the debtor is unable to repay the loan on time, the former Sea finance lease shall, within one working day after the loan expires, repurchase the claim in full with the principal and interest of the debt, and if the credit is not provided, the loan network has the right to apply for enforcement through legal means.

According to the 21st century economic reporter, the debtor referred to in the above agreement corresponding to the former Sea financing lease has been issued by the car financing lease, the agreement has not been on the former Sea finance lease to obtain the transfer of debt after the further use of the agreement, if the creditor's rights overdue, the debt recovery also belongs to the former Sea Finance leasing management responsibility category.

If the account change is the company behavior of the former Sea finance leasing, it is a civil case, and the project is overdue is the result of the pre-Sea finance lease not fulfilling the obligation of repurchase.

Regardless of the authenticity of the account changes and the specific use of funds, the final funds accounted for, should be "loan to help the incident," the important person responsible. The case related important insider all disclosed, according to the source of funds, loan network overdue 12.8 million investor funds mostly refers to the forward Sea financing leasing Chongqing Branch legal person-Wang.

Focus Three: Where did the money go?

21st century economic reporter from the loan network, pre-Sea financing leasing and other events related parties to investigate and verify the relevant basis learned that from the loan to the network transfer to the account Change agreement designated account (Zongchunlan in China Merchants Bank's personal account) funds, most of them to the former Sea finance leasing Chongqing Branch of the legal representative Wang. The reporter repeatedly calls Wang MoU, the telephone all no answer listens.

The money lent to the king, in addition to the loan to help the net and all the wealth turned over the funds, there are many other funds, even the former sea finance leasing a lot of people to vote for the king of the money. Outsiders can't figure out exactly which project the funds went to. "One of the authorities close to the front-Sea finance lease said to the 21st century economic reporter.

The statement of the former Sea finance lease also said: The fund chain involved in the loan incident is said to be very complex, Sichuan has a number of people implicated in it, according to the people informed the company, involving Beijing and other investors, the amount of up to tens of millions of yuan.

The authorities further disclosed that the funds may be part of the final investment in Sichuan province, Guang ' an ZHENGDA real Estate Development Co., Ltd., Guizhou province Zunyi County Real Estate Development Co., Ltd. and Sichuan Bazhong Company, "but the specific amount of money to go where, not clear." ”

21st Century Economic Report reporter inquires the Industry and commerce data show, Guang ' an ZHENGDA real Estate Development Co., Ltd. was established in December 11, 2012, operating scope for "real estate development and operation (with the relevant qualification)", registered capital of 10 million, by the parent company in Sichuan Guang ' an Heng Li Chemical Co., Ltd. 100% capital contribution.

Zunyi County Real Estate Development Co., Ltd. was established in February 27, 2004, the scope of business is "real estate development (with the qualification certificate in the validity of economic activities)", the registered capital of 30 million.

According to the loan network related personage discloses, after the project is overdue, the loan helps the net staff once in Yuan MoU and the King's Guidance Field survey related project.

After the incident, the parties are coordinating the disposal plan. The latest development reported by the 21st century economic reporter was that the loan network had received two payments in June 2014 and October, respectively, at 750,000 and 110,000, but there are still 11.94 million overdue. At present, Sichuan Guang ' An and bazhong two projects are more difficult to return, and after the incident, Yuan has asked Guizhou Zunyi country to deal with related project mortgage procedures for future strain left space.

"Zunyi projects should be handed in a year ago, but there is still uncertainty as to whether the project will be realizable and sufficient." "The authorities said to the 21st century economic reporting reporter.

At present, Shenzhen, the bureau is the "loan help incident" to conduct a detailed investigation, the parties are still trying to dispose of the incident, the further progress of this newspaper will continue to pay attention.

(Edit Wangfangyan)