Individuals to buy cars using bank provideAutomobile consumption loan is a widespread method. Automobile consumption loans that the bank issued to individuals or enterprises and institutions for the purchase of auto loans. The lender shall sign the "loan contract" with the bank, and provide the guarantee (guarantee, mortgage or pledge).Take the third party guarantee loans, down payment shall not be less than 40%, the loan amount does not exceed the highest car 60%. To purchase a car or immovable property mortgage loans, down payment of not less than 30%, the loan amount does not exceed the highest car 70%; to pledge or by banks, insurance companies provide a suretyship of joint and several liability, down payment of less than car 20%, car loan amount shall not exceed 80%.The lender shall in the loan contract monthly repayment recently active in their deposit account deposit enough monthly should also interest loans, directly by the bank to deduct their monthly owing on the loan principal and interest. With the consent of the lender allows all or part of the early repayment of the lender.

     However, the dispute of automobile consumption loans is very much also, nearly two years, only Beijing city Haidian District court for more than 1000 car consumption loans disputes, many lenders person received a court summons after a series of protests, but there are still many people think wrong was found liable.

     Case 1: Intermediary interception for the month, payment claims to be admitted

  　In 2003 May, Miss Li through the Guarantee Corporation to the bank for the automobile consumption loans, and the Guarantee Corporation agreed, Miss Li to the repayment of the money directly to the Guarantee Corporation, the Guarantee Corporation to the bank. In obtaining loans, Ms. Lee bought a car with the loan, and in accordance with its Guarantee Corporation agreed, on time for the month and submit to the Guarantee corporation.

    In 2007 January, Ms. Lee received the court summons, just know Guarantee Corporation to detain her repayment, and eventually absconded with the money. The bank did not get the repayment will miss Li went to court.

    Miss Li think, she gave the money to the Guarantee Corporation, the bank should not have to pay part of the re claim the repayment, but should to Guarantee Corporation to ask for.

    The court trial think, both auto loan contract for Miss Li and banks, although Miss Li is because the Guarantee Corporation for reasons not to bank timely repayment, the repayment of claims have argued that cannot obtain legal support, it still constitutes a breach of contract, the obligation for the repayment of bank loans.

  　Case two:Generation car, but need to pay out of pocket payments

  　Mr. Li has come to Beijing to work outside, he wanted to buy a Toyota car, unable to apply for a car loan to the bank, will find a friend very good Beijing Mr. Zhang asked him for a loan.Mr. Zhang didn't have the idea of buying a car, but it is difficult to push Mr. Lee's face.In 2002 December, Mr. Zhang went to the bank on its own behalf for the automobile consumption loans, the relevant procedures and repayment account referred to Mr. Lee, and used the loan to buy a car for the transfer of registration of transfer, to Mr. Lee, Mr. Lee promised to fulfill the repayment obligations.

  In 2007 December, the bank has not received payment, then Mr. Zhang the prosecution to the court, Mr. Zhang deeply wronged, think the bank loan contract although he signed, but the car is the generation of people buy, the car is not in their own name, should not bear the corresponding legal responsibility. Mr. Li is a practical vehicle purchase, he not according to the contract the monthly repayment, liabilities shall be borne by Mr. Li himself.

  The court trial think, Mr. Zhang signed with the bank loan contracts valid. Mr. Zhang signed the contract, in accordance with the contract, the bank has the right to recover the full loan. Mr. Zhang contract fails to repay the loan, the bank constitutes a breach of contract, although the purchase of vehicles not on Mr. Zhang name, are still under the obligation to repay bank loans.

  　Case three:Dealers that the loan was not approved, signed contract is considered to be effective

  　Mr. Wang was passing through a shop, a car sales company clerk up business loan purchase a car, learned of his intention to car loans, the clerk tell Mr. Wang, now because of bank loans to buy more stringent review, for insurance reasons, best to four banks submit the loan application, and then see what to do. So, Mr. Wang signed the four blank auto loan contract.

  10 days later, the salesman gave Mr. call, tell him, all bank audit failed, so loans have not run down. Mr. Wang will no longer think of it. Until the receipt of notice of responding to the court, Mr. Wang will know, automobile sales company not only in his name from the four banks to borrow money, but will borrow to money into their accounts.

  Mr Wang thinks, although the contract is signed it himself, but the loan has never entered their accounts, and banks are not informed of their loans have been completed, so the bank should be to auto dealers for money, rather than to their own money.

  Court that, as Mr. Wang to sign the contract, such a contract shall be regarded as Mr. Wang's offer, as long as the bank is stamped on the signature, they show that both sides of the loan contract and effective, banks made loans in accordance with the contract, Mr. Wang are in accordance with the loan contract obligation. Mr. Wang distribution company salesman to recover from the car in the return of the loan can be.

  　Case four:The company to use the staff ID card to buy a car, has nothing to do with the staff

  　Miss Zhang is a trading company, the company to handle the insurance for the name of the employees to submit identity cards, and did not inform Miss Zhang's case, with the identity certificate for the automobile consumption loans, the purchase of the loan vehicles are also not to Miss Zhang.Shortly thereafter, the company's executives absconding with money. Miss Zhang was repeatedly accused did not return loan.

  The court trial think, trade company although the use of Miss Zhang's ID card and the bank signed a loan contract, but because of Miss Zhang did not authorize the trading company for auto loans for the loan contract, and the signature is also non Miss Zhang I, trading behavior belongs to non power agency, the repayment of loans should be trading company responsibility, has nothing to do with Miss zhang.　

     Case five:To be entrusted to buy BMW A man was convicted of repayment

  　Mr. Mu lend ID to others car loans, loans overdue for part has not been banking court. In 2007 June, the Shanghai second intermediate people's court made a final decision on the loan contract dispute, ordered Mr. Mu repay outstanding bank 33.9 yuan loan principal and interest.

  In 2004 January, Mr. Mu signed "car mortgage loan contract" with the banking and auto sales company, agreed to by Mr. Mu to borrow 558000 yuan to buy a BMW 530i car, car sales company as the guarantor, the borrowing period since the year January 17th to January 16, 2007. The date of conclusion of the contract, the bank will loan zoned to the car sales company account. However, after three years, seeing the repayment period is up, the bank has received only Mr. mu the return of the loan principal of 252000 yuan and the corresponding interest. After repeated again failed, the bank to the courts, will Mr. Mu and automobile sales company to the dock.

  The court investigation is informed, behind Mr. mu the loan to buy a car. In 2004 Mr Mu by friends You Weiqing entrusted to the contract signed false purchase a car and car sales company, You Weiqing to the car sales company provides false Mr. Mu personal income proof, apply for a car loan from the bank. Subsequently, You Weiqing will note automobile sales company issued the stamp of official Sike back the book to a auction companies now, and the money was squandered. In 2007 June, You Weiqing was sentenced to prison for the crime of loan fraud.

  Court of the first instance judgment, he returned to the bank loan principal and interest, overdue interest totaling 33.9 yuan and self repayment period of the January 17, 2007 to the actual payment date overdue interest; automobile sales company shall bear joint and several liability to 339000 yuan repayment.

      Case six:Car loans overdue don't return The judgment of the court a guarantor shall bear joint and several liability

      In December 5, 2002, industrial and Commercial Bank of China Cuiwei Road branch and song, the New Century Insurance Company signed a loan contract, agreement by ICBC Cuiwei Road branch to the song with a 106000 yuan loan to buy a car, the loan period of 60 months, from December 5, 2002 to December 5, 2007, the monthly repayment is matching interest repayment, the interest rate for the month of 4.185 ‰, and agreed not to perform the obligation of repayment contract penalty, the new century and marked the company of song of the repayment obligation guarantee responsibility. After Sigemusi company to ICBC Cuiwei Road Branch issued a letter of commitment, commitment to the song of the repayment obligation guarantee responsibility.

  After signing the contract, the ICBC Cuiwei Road branch actually issued loans, song through its establishment in ICBC Cuiwei Road branch account by repaying part of the money and interest, loan contract expires, the song still owes the loan principal of 68471.59 yuan and the corresponding interest, impose a punitive interest does not pay. ICBC Cuiwei Road sub branch of the song and the new century the standard company and Sigemusi company to court.Find out in a court hearing, song buy vehicles not mortgage.In the trial, the song that the car is not in its name, should not bear the responsibility of repayment.

  Court think: song and ICBC Cuiwei Road subbranch signed a loan contract, the ICBC Cuiwei Road branch has fulfilled the obligations according to the contract of loan, so the vehicle is in the song name does not affect the validity of the loan contract and the actual performance. In the line of Cuiwei Road branch in accordance with the contract to fulfill the obligation of providing a loan conditions, the song is not in accordance with the contract agreed to fulfill the repayment obligations, the new century and marked the company and J Gomes company fails to perform the guarantee liability is default, the song should be owed to the loan principal of 68471.59 yuan and the corresponding interest and impose a punitive interest repayment of ICBC Cuiwei Road branch, new century and marked the company and J Gomes company should assume joint responsibility to ensure that the song a repayment obligations, the new century and marked the company and J Gomes company to perform joint responsibility to ensure that, right in their performance guarantee liability within the scope of the song a recovery.

Legal notice

      The society hasMany people lack of legal consciousness, they still use a society of acquaintances who benefits who is responsible for the concept, such as running a car, think you just friends, and don't get any benefits, should not bear any responsibility. However, according to our contract law "privity of contract" principle, the contract parties enjoy the rights stipulated in the contract, and shall perform the obligations stipulated in the contract. In the personal loan contract signed with the bank, the bank has issued loans in accordance with the contract, signed the contract shall, according to the contract the monthly repayment, or constitute a breach of contract, the bank has the right to pursue the liability for breach of contract in accordance with the contract. Some consumers are not aware of their own signature is legally binding, a only signed blank contract, means that the signature for the content of the contract (repayment) recognition, and can be regarded as an offer, as long as the other party to sign the contract, the contract rights and obligations binding.

  Therefore, for the automobile consumption loans, consumers should have enough risk awareness, should not easily believe that others or for the sake of convenience will be submitted to the third party payment. The ID card is very important in the China. In many cases, the identity to others, it means the right to grant others. So, everyone in the identity to others must be cautious, to avoid unnecessary litigation.