O on the car development of the blog legal opinions

Mesh Record
One, overall analysis and risk analysis of car loan market
Analysis of A. car loan market as a whole
Analysis of B. car loan market overall risk
Two, car in car loan business, easy to produce risk
Common problems factors to sink
The presence of A before the loan problems
1, the loan purchase a car contract text irregularities
2, the mortgage contract is not standardized and registration procedures incomplete
3, credit evaluation system is not perfect, credit investigation is not enough
4, agreement, letter of guarantee is not week
5, problems existing in the concrete operating process
The risk of B loan
1, purchase a car people malicious Piandai, not owing on the loan
2, purchase a car people car sale, transfer, contract rent, mortgage
3, the vehicle quality problems and after sale service
4, vehicle traffic accidents, stolen, lost
5, death and other factors to purchase a car people missing
Approach three, reduce car loan risk and solve common problems
ABefore the loan
1, standardize loan purchase a car contract text
2, standardize the mortgage contract and complete registration procedures
3, building risk prevention departments, implement the loan credit investigation
4, improve the credit assessment system
5, carefully signed an agreement, letter of guarantee
6, strengthen the quality of personnel, strict examination and approval procedures
B loan
1, build customer files, keep close contact
2, to maintain close contact and Che Kwun departments
3, banks and insurance companies, to maintain good cooperation
4, provide good after sale service to customers
5, to adopt a flexible and effective way of payment
6, properly will be realized the car away
Four, about your company to carry out a car loan business and other
A few suggestions
AThe establishment of sales multifunctional integrated system
BAbsorption of foreign advanced sales model and Philosophy
CBuilding to rent consignee or video based sales model
Five, about your next step to carry out other financial industry
A little thinking task
Six, annex
A consent
B guarantee

One, overall analysis and risk analysis of car loan market
Analysis of A. car loan market as a whole
Chinese auto market has been described as "the world's largest, is also the last piece of unused car market", indeed, with China sustained rapid economic development, on the one hand, the rapid development of automobile industry, Chinese sales booming, car prices continue to drop, new models emerge in an endless stream. On the other hand, disposable consumer income increases ceaselessly, plus the change in consumer values and the car market demand, make Chinese car industry ushered in the era of private car consumption. At present, the ability to buy the car home about 8000000, 5 years later, this figure will reach 42000000. At this pace, to 2010, China will become the American, Japan's third largest car market.
This will activate come very naturally bank car loan business. According to statistics, in 2003, only the banks in Beijing individual purchase a car loans has reached 10 billion, loans amounting to 8500000000 yuan. About 50% of the customers who purchase a car purchase a car for personal loans.
In early 2004, individual purchase a car loan unabated. On the one hand, bank car loan business support and accelerate the development of automobile consumption. On the other hand, hot car market also promotes the rapid development of automobile consumption credit business. The two aspects supplement each other. According to the authoritative personage predicts, this year Chinese automobile consumption credit is expected to reach 200000000000 yuan, become the second mortgage second personal consumption credit market. At present China cars only 22000000 cars, per capita rate is less than 1%, to 2010, Chinese car retains the quantity limit of up to 71760000 units, up to 280140000 vehicles; vehicle the average annual increase of up to 25.2% - 30.2%, an increase of up to 26.3% - 37.7% car. From the view of global automobile consumption, automobile consumption credit consumption ratio is 70%, and China currently only 10% - 15%. The car loans accounted for only around 20% of automobile consumption, according to an annual growth rate of 30%, expected a few years later, the automobile consumption loans ratio will exceed 50%. That is to say, the car loan market prospects are very good.
Analysis of B. car loan market overall risk
Things are always One divides into two. of be on the upgrade, behind a car loan, default rates are on the rise, car loan risk and quietly. Enter since 2004, as the car loans continue to improve, through macro-control means tightening auto consumption credit, the first personal loans to pay the minimum purchase a car from the original 10% rise to 20%. In the central bank to rectify the car loan at the same time, and is closely related to the car loan business car loan insurance has also been CIRC officially stopped.
All the problems in the final analysis, is a lot of car loan repayment awareness is not strong, in the loan purchase a car not timely repayment, the bank or company to remind or again after make up arrears. What is more, the banks and companies to send seriously, often several months does not repay the loan, the banks and car dealers in the Dunning invalid only recourse to the law, to solve the problem through legal means, which also increases the energy and financial resources.
From the analysis of our experience, the vast majority of customers is a breach of the owners of private enterprises or individual operators. Due to the restriction of knowledge level, moral cultivation, credit consciousness, quality grade and other factors, these loans to customers while showing their strong economic strength, but still on the car loan a contemptuous disregard. The occurrence of this situation and the social credit system is not perfect is inextricably linked to, after all, the state of these bad credit in law lack of sanctions, so that they act recklessly and care for nobody.
According to the bank car loan, car loan default rate increased greatly in the past two years, has reached 0.5% to 0.9%, and some have more than 1%. Even more troubling is, default rates are still rising. The bank used a variety of methods, to press for payment of breach of contract customers, but it is difficult for the work. We recently to a bank in charge of car loan account manager for the advice, he said: "in the past, I go to work every day busy for loan business. Now, I go to work every day is to call or go out collection of people."
In December 14th, director of Credit Management Bureau of the people's Bank of Chinese wearing roots in the "2003 Beijing auto financing development forum" said: "now, auto consumption credit risk should be given full attention, should pay attention to risk prevention." Director of the former people's Bank Chinese monetary policy department said, himself in the period as the monetary policy Secretary of automobile credit attention not to mortgage attention. Wearing roots have also reminded the automobile manufacturers and dealers, to expand personal automobile consumption credit scale to the development of the automobile industry, which has a positive effect on improving the personal automobile consumption level of residents, but at the same time must pay attention to the risk of automobile consumption credit. "Some typical automobile credit case is shocking."
In conclusion, both banks, dealers or just set the auto financing company is faced with almost the same credit risk in developing personal auto consumption credit business, risk is the risk that the borrower will not repay the loan principal. According to the analysis of our many years engaged in legal service market experience, causes of automobile credit risk high mainly in the following points:
1, the loan entity automobile is movable assets, recourse is difficult and the cost is high; at the same time, the car the inherent high depreciation rate As one falls, the constant introduction of new car price war and higher price, is extremely easy to make below the loan balance the market capitalization of loan car; in addition, the social credit system is the lack of default personal constraints and punishment. All these factors are hotbeds of malicious not owing on the loan behavior.
There are many factors 2, personal repayment capacity is uncertain. Because personal income will be subject to international, the domestic economic situation changes, the condition of business, many factors physical health, personal and family disease, accidents, and income changes will directly affect the individual's ability to repay a loan.
3, personal credit system is not perfect, the increase in loan principal (banks, automobile dealers or financial companies) the difficulty of risk control before loan. On the one hand, the bad loans have been slip by chance; on the other hand, also to the loan principal for "card not strict" and encouraged borrowers ability to repay loans over, then you must make the loan principal.
4, the loan principal internal mechanism is not perfect, not only for business credit to help lenders change personal information with excessive approved loans; even the existence of individual character of bad credit and customer collusion, deliberately seek personal gains, and then increase the credit risk.
5, credit risk is difficult to control. Because the automobile credit loan amount is small (average about 130000 yuan), on loan to tracking cost is too high. In fact, the lack of effective loan monitoring also increased car loan risk.
6, the loan principal under the pressure of competition, at the expense of lower loan conditions to draw customers, and buried the huge hidden risks.
7, declining car prices, car loans customer mentality increasingly unbalanced. Especially some car loan zero Shoufu customers, they looked at the price more than under each condition, think of the monthly car loan repayment, always feel in the purchase a car prices suffered. So the grievances over banks and car body, this will make the banks and companies bear the risks.
To sum up, the company is engaged in car loan business, market and risk coexist, challenge and opportunity coexist, and risk prevention measures below we will your company possibly existed in the concrete operation of the business in one one states to.
Two, car in car loan business, easy to common problems of risk factors to the sink
The car loan risk not only in various forms, and covers a wide range, involving personal credit, system construction and risk control and other factors, including individual, vendors, automobile credit Service Corporation and banks.
From time to time, we will generally be divided into automobile credit risk loans, the repayment period, late, Lai Zhang, escape accounts five interval.
Summarized from the origin of credit risk, we divided into three aspects:
Company's credit policies and business process defects, including credit terms too loose, financial opaque, excessive leverage debt, credit evaluation system is not perfect, credit files are not complete, after sale service is not in place, excessive reliance on collateral;
Company to monitor the types of loans and credit portfolio is not strict, including false mortgage, business growth and illegal operations;
Company risk mechanism is not perfect, the lack of tracking, Dunning litigation means insufficient, poor.
According to the practice for many years to provide legal services for the garage, below we will mainly from loans and credits in the previous two aspects specific analysis of car in car loan business, easy to common problems of risk factors:
The presence of A before the loan problems
Purchase a car loan contract text irregularities
Because the relevant departments did not develop standardized loan purchase a car the contract standard text, each car is also the act of one's own free will make the text of the contract itself, but in the development process and the lack of professional lawyers of the guidance and control, thus inevitably exist some loopholes in the law, resulting in the contract without any became a a potential threat, and once into the proceedings, it is becoming an extremely detrimental to the company's evidence.
2, the mortgage contract is not standardized and registration procedures incomplete
The vehicle in the mortgage process, many companies did not sign a mortgage contract and purchase a car purchase a car, but only in the contract terms and provisions of the mortgage, mortgage terms itself is not very clear, but not to the Che Kwun registration procedures, this is has no legal effect, a risk factors are also common.
3, credit evaluation system is not perfect, credit investigation is not enough
Many companies itself did not establish a set of perfect credit evaluation system, leading to lending could not reasonably the customer's credit evaluation, just rely on the personal experience, even each other's appearance to judge, this will inevitably produce errors, risk. In addition to the prior to the signing of the loan purchase a car contract, although some car dealers have been sent to investigate the details of purchase a car people, such as family background, education background, address, contact way, neighborhood relationship, marital status, income level and so on, but because of some objective reasons, resulting in this work do not completely, only a formality, can also cause since then many problems. 4, agreement, letter of guarantee is not week
In general, agreement, letter of guarantee as an annex to the contract, but also by the company to develop, the main problems existing in the practice of this area is to develop consent, warranty terms were not fully estimate the consent, the guarantor may have some corresponding remedial provisions unpredictable and, like death, was declared dead, missing, missing, if married to do property notarization before marriage, which has the potential to become a mere scrap of paper, guarantee agreement, unable to play its expected role, back in the guarantee purpose.
Problems in the specific operation process
Most of the time, car credit personnel in order to benefit, one-sided pursuit of business volume in the concrete operation process is not in accordance with the prescribed procedures, simplify procedures, provide false information for customers, including identity cards, household registration, real estate certificates, proof of income and work unit, not careful review. In future, so that no such person. Even the existence of individual loan officers to help the lender for business change personal information in excess of approved loans; what is more, the individual character extreme credit clerk and customer collusion, deliberately seek personal gains, thereby increasing the credit risk.
The risk of B loan
Purchase a car people malicious Piandai, not owing on the loan
Due to various reasons, a lot of people to purchase a car is the car's name malicious Piandai, get the car, he deliberately not owing on the loan, and try various devices to make every attempt, from banks and companies to recover, and often is to empty the building shadow, shall have nowhere to recover, litigation adverse to the garage, in a very passive the situation, had to spend a lot of manpower and material resources, to track down the car and owner of clues, makes this part of the work but to become a priority among priorities in many companies, and become a major hidden risk, hinder the development of car loan business.
2.Purchase a car people car sale, transfer, contract rent, mortgage
In practice, many people tend to purchase a car not abiding by the contract, without the consent of the lending bank and the garage, to make the vehicles purchased, sold, lease, transfer, mortgage, pledge loan bank and damage the interests of the company, which are virtually greatly increased the dealer's risk, is your company in the later development of a have to prevent and key factors to be considered by the car loan business.
3.Vehicle quality problems and after sale service
A lot of the vehicle itself there are quality problems, this is an inevitable fact, is a can not prevent risk factors, car prices continue to decline and, many car loan customer mentality has been more and more unbalanced, at prices more than under each situation, think of the monthly car loan repayment, they have sleep suffer heavy losses. If the re emergence of vehicle quality problems and customer service service problems, it is undoubtedly the inflame one's anger, come very naturally to the grievances over banks and car body, resulting in resentment against the garage, produce conflict psychology to repay the loan, resulting in supporting loan or not also loans, which makes the car take the risk produce.
4.Vehicle traffic accidents, stolen, lost
The accident is fiercer than tigers, and now, the incidence of traffic accidents have been high, coupled with the purchase a car a lot of people are the new driver, just on the probability of traffic accidents is high, is more general in addition, there are stolen and lost and so on the occurrence of unexpected situations, although this is our most reluctant to see, but it is difficult to avoid, these events are likely to make the vehicle and its value in an unsteady state, at the same time to purchase a car people psychological changes greatly, so as to increase the probability of up loan or not also loans, will naturally bring considerable trouble for our work.

5.Death and other factors, purchase a car people missing
Compared to natural death, purchase a car people died because of the probability of traffic accident is higher, and other unexpected factors, cause the purchase a car, ensure people were missing, dead or is declared missing, according to the law was declared dead and for other reasons which resulted in the loss of capacity for civil conduct event in practice is also occur from time to time, this time in accordance with the law shall be the lawful successor, property custodian, the donee bear repayment obligations. But in practice, determine the repayment will take quite a long time, also has the certain difficulty, determined, these obligations owing on the loan and often deliberately escape escape obligations or doesn't want to repay the loan, to recover arrears difficult.
Some people in the purchase a car after married purchase a car from banks and dealers of marital property notarization, and quickly make divorce, the family property structure appear unstable situation,
At the same time, we owe to its recourse is also there are many unfavorable factors.
Of course, in car loan business in the garage, there will be a lot of every kind of risk events occur, we cannot in the one one column hing, only to some common and typical problems were summarized, for the other problems, we can only in practice, concrete analysis and solve.

2004-8-22