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the conflict between creditors and debtors over repayment and evasion of repayment has always attracted much attention.

recently, a reporter from china business news found that some debtors have racked their brains to come up with many "debt-resolving tips" in order to pay less principal. however, these so-called "debt tips" can easily lead to disputes and may even be suspected of fraud.

the “barter” trap

holding a "barter card" with a face value of seven to eight thousand yuan, yang yanan walked into a barter supermarket in the economic development zone of zhengzhou city, wanting to buy some food and clothing for her children. as a result, after walking around, she discovered that although it was called a "supermarket," the prices of the goods in the barter store were several times higher than the normal market price.

yang yanan said that now she really regrets asking for this (barter) card. the barter card in her hand was given to him by the owner of a high school entrance examination tutoring agency in zhengzhou.

she said that in the past two years, in order for her children to get good grades in the high school entrance examination, she signed up for a high school entrance exam tutoring class. as a result, the tutoring class closed down after just a few classes. in order to get back the remaining tuition fees, yang yanan and other parents of the students went to the relevant departments to complain. in the end, the boss of the tutoring class came forward and said that because the losses were too serious, there was definitely no money to refund the tuition fees. however, he coordinated a group of " barter card” can be used as cash.

helpless, yang yanan could only choose to accept it, so the remaining few thousand yuan in tuition fees was turned into a barter card.

in another barter shop, the reporter met several migrant workers who came together to buy goods. they said that they once worked on a construction site. when the work was finished, the boss (contractor) said that they had no money to settle the bill. salary, but my previous company coordinated a batch of supermarket “shopping cards” that can be used directly as cash. as a result, several migrant workers discovered after visiting the store that the address on the "shopping card" was actually a "barter store" and the card they held was called a "barter card." moreover, except for a few items in the store that can be directly deducted with the points in the barter card, most items require an additional cash payment.

china business news found that in this type of transaction, although it is called "barter", it has nothing to do with barter. the debtor directly pays for the so-called "barter card" of the barter company, which is actually a barter card. this kind of card is marked with different amounts (points) and looks similar to a pre-stored card. but in fact, when creditors get this kind of card, they not only have a small choice of shopping options, but also face the trap of inflated prices and even other fees.

in a barter store located on the west third ring road in zhengzhou, store manager wang hui (pseudonym) told reporters that their store can help debtors "barter their debts into cards" and can provide at least two methods for debtors to choose from:

one is to directly buy barter cards in stores at low prices. for example, if the debtor owes the other party 100,000 yuan, he can spend 30,000 yuan at wang hui's barter store to buy a barter card containing 100,000 points. then, the barter company will use part of the 30,000 yuan received to go to the market to purchase a batch of goods with opaque prices, and put them on the barter store counter for creditors to choose from.

the second is to directly ask the court to seal it. for example, if you owe someone 1 million yuan, but it has not yet reached the execution stage, then you should quickly apply for a business license for an individual industrial and commercial household. "we (the barter company) will help you find a room and put our goods in it." go in, fill it up for you, and make it look like a supermarket, and then we will go to the court together and ask the court to execute it." wang hui said, after all these operations are completed and your debt is resolved, you can press 30 again. % ratio, pay 300,000 yuan in cash to the barter company. "isn't this equivalent to saving you (the debtor) 700,000 yuan?"

the one debt case that has impressed wang hui so far is the cooperation between a branch of his barter company and a town government in a province in central china.

the whole story is that there was a private school under construction in the town. it was planned to recruit students locally and provide kindergarten and primary school teaching after completion. in order to solve the funding problem, the principal began to raise funds from the surrounding students' parents and promised that all the money would be paid. the original amount of the funds raised will be refunded after the students graduate. subsequently, hundreds of parents raised a total of 20 million yuan for the school. as a result, the fund-raising funds were received, but the school was still unfinished. the school was about to reopen, but the students could not go to school. parents were worried that the funds they had paid were in vain, so they complained to the local town government one after another. in the end, after the local government coordinated and solved the student's enrollment problem, they were worried that the students' parents would not get back the funds raised and might behave excessively, so they had to coordinate with the principal and spent 1.6 million yuan to buy a 20 million yuan exchange loan from a barter company. cargo card, discount rate is 8%.

why is the barter company willing to sell a 20 million barter card for 1.6 million yuan? "because you don't pay for (most of) your goods. they are bartered, not purchased with cash." wang hui said.

however, in the eyes of other barter company owners, this approach of some barter companies may seem to help debtors resolve their debts, but in fact it is an "asset mismatch" that has ruined the reputation of the barter industry. it also laid the groundwork for its subsequent operations.

various

in addition to "barter", some people also use other tricks to "debt".

wang gang, general manager of henan shooting assistant network technology co., ltd. (hereinafter referred to as "shooting assistant"), said that his company is a shooting assistance agency that cooperates with the court. recently, when they assisted the court in uploading legal auction items, they discovered that in addition to being used as hard currency houses, cars, and calligraphy and paintings with estimated values ​​ranging from a few hundred yuan to tens of thousands or even hundreds of thousands of yuan also began to appear.

wang gang, who was quite surprised by this, discovered after some investigation that some of the items being auctioned were actually the result of a conspiracy between creditors and debtors.

wang gang gave an example. for example, the creditor zhang san owed li si 1 million yuan, but he had no money to pay back. so zhang san found the calligrapher and painter wang er, bought a batch of calligraphy and paintings from wang er's house, and put them somewhere. then, li si then he led the people from the court enforcement bureau to seize this batch of calligraphy and paintings. later, these calligraphy and paintings were put up for auction and appeared on some online auction platforms. after that, when the auction money arrives in li si's account, zhang san, li si, wang er and others will divide it according to different proportions.

the reporter's inquiry found that in recent years, many paintings and calligraphy works have indeed been seized by the court and have been auctioned on multiple online auction platforms. but behind this, which of them are real items, and which of them are the items colluded by creditors and debtors? but it is difficult to identify them one by one.

however, wang gang said that in view of the constant chaos in the evaluation and legal auction of calligraphy and painting, some courts have become very vigilant about the legal auction of calligraphy and painting.

but wang gang said that some uninformed bidders may accidentally fall into a similar "auction trap."

the reason is that article 61 of the auction law of the people's republic of china stipulates that if the auctioneer or consignor declares before the auction that they cannot guarantee the authenticity or quality of the auction object, they shall not be liable for defects. this clause is established to clarify that under certain circumstances, the auctioneer and the consignor are not liable for damages caused to the buyer due to defects in the auction objects. this means that even if a bidder is dissatisfied with the work after winning the calligraphy and painting, or believes that the work is a fake, it will be difficult to claim rights through normal channels.

in addition to converting debts using barter cards and converting debts through auctions of paintings and calligraphy, the reporter's investigation found that some "fraudulent techniques" that use the opaque price characteristics of liquor, tea, etc. to convert debts were also quite popular in the financial circle for a time.

mr. zhang, a construction boss in xuchang, henan province, borrowed more than 3 million yuan from relatives and friends a few years ago in order to start construction of a developer's project normally. as a result, when the project was completed, the developer went bankrupt. in order to repay these foreign debts, mr. zhang simply partnered with several other friends who were also in debt to purchase brewing equipment and began to "make wine to pay off debts."

mr. zhang said that the main raw material for these wines is corn, and the cost of a pound of wine is about 8 yuan. after the wine is successfully brewed, they will pay the creditors at a price of 80 yuan per pound.

a similar experience also happened to wuhu xingwu small loan co., ltd. (hereinafter referred to as "xingwu company").

a few years ago, xingwu company, as a creditor, signed a "debt settlement agreement" with a company in anhui. the other party used luzhou laojiao series liquor with unit prices of 328 yuan and 398 yuan per bottle respectively, and reached a total debt settlement agreement of 11.5116 million yuan. but not long after the agreement was signed, xingwu company regretted it and believed that the liquor, which was priced at more than 300 yuan, was actually worth only 40 to 50 yuan. subsequently, the two sides faced off many times in court over this batch of liquor. in the end, the court determined that the agreement on the unit price of liquor in the "debt settlement agreement" should be the true expression of intention of both parties, and rejected xingwu company's claim.

harm

wang gang said that in recent years, with the economic downturn, some conflicts between private claims and debts have gradually surfaced. in order to appease creditors or pay less debts, some debtors are racking their brains to find ways to "resolve debts", but in essence above all, these are debt "fraud techniques" that harm the rights and interests of creditors and violate the principles of social integrity, public order, fairness and justice. they should not be encouraged, let alone the objects of imitation by some debtors.

wang gang, who has now transformed into a practitioner in a shooting assistance agency, was once a creditor of an investment guarantee company in zhengzhou. he put his savings of more than 1 million yuan in the investment guarantee company to earn interest. as a result, after the company collapsed, more than 1 million yuan was lost. flooded.

yang yanan also said that he did not want the so-called "barter card" at the beginning, but he thought that since the tutoring class has closed down and his boss is often out of touch, if he wants to get the remaining money back, he may have to wait until the year of the monkey and the horse, and he may not be able to get it back. want to come back. "later some parents said that giving them a card is better than having nothing in the end." only then did they agree to replace the debt with a "barter card."

but now, yang yanan holds the "barter card" in his hand and really doesn't know whether he should exchange the points on the card for high-priced goods. after all, some goods are "three-no products" without even manufacturer information.