Zhongxin Jingwei Client September 29th (Wu Qilong) In December 2017, Ms. Tang’s family bought a used car through Youxinpai Tianjin Branch. After more than a month of use, the car began to have various faults. After inspection, it was found that the engine and gearbox of the car had traces of being disassembled for maintenance, which was suspected to be an accident car. Since then, Ms. Tang has embarked on a protracted road to safeguarding rights.
"Your feedback question, Youxin used car has been accepted. After confirmation and verification, I will contact you actively within 1 working day. " Ms. Tang reluctantly told Zhongxin Jingwei that she had received hundreds of similar text messages, but there was no staff in Youxin to solve the problem. At the same time, because Ms. Tang said that she would refuse to repay the loan for this car, Ms. Tang’s family received more and more harassing calls for debt collection.
For the problems reflected by Ms. Tang, Zhongxin Jingwei made a verification to the customer service of Youxin Group. The customer service staff confirmed that it has indeed received many complaints about the accident car, vehicle loan and loan collection from the platform about this order. However, the relevant person in charge of the public relations department of Youxin said that consumers bought cars from car dealers, and the vehicle problem had nothing to do with Youxin, which only provided financial leasing services.
What is the problem? How can consumers protect their rights and interests when they encounter similar situations, and can the second-hand car trading platform not take responsibility?
Buying a car | I feel that the platform service is good
In mid-December 2017, Ms. Tang’s family took a fancy to a 2013 Buick Hideo XT used car in Tianjin Yunda used car market.
Ms. Tang said that considering that it is only a means of transportation for the elderly to take care of their children, buying a used car is enough. During the car selection, a staff member of Yunda used car market said that if it was decided to buy this car, it would be arranged for the staff of Youxin to talk about it.
"Then Sun Pei, a salesman wearing Youxin overalls, arrived at the scene and said that he was only responsible for business and not quality inspection. If he was not at ease, he would let his colleagues in the quality inspection department of Youxin test again. Immediately, two excellent quality inspectors arrived at the scene. After checking the car, the two said that the car was in good condition, there was no accident, and there were only a few scratches on the body. " Ms. Tang said.
She recalled that she didn’t know much about cars and all the procedures were handled through the Youxin platform. Youxin promised to help with everything such as car loan, insurance and warranty, and felt the service was particularly good at that time.
Ms. Tang also mentioned that Youxin said that due to the existence of loans for vehicles, vehicle property certificates, car purchase contracts, insurance documents, etc. must be placed on Youxin, so at present, she only has one car, one driving license and one transaction receipt for the down payment of vehicles.
"My Youxin APP did not leave a transaction record." Ms. Tang said that the procedure was handled in the Youxinpai office of Tianjin Yunda used car trading market, and the whole process was completed offline without online operation.
Car | Suspected to be an accident car
After Ms. Tang paid the down payment, Youxin didn’t deliver the car directly, but it took a week to inform you to pick up the car at Youxin store (not the same Youxin store as when you saw the car). Ms. Tang said that when she picked up the car, she found a particularly deep scratch on the glass of the main cab of the vehicle, and immediately found Youxin. Because the quality inspector left a picture of the car condition when she first saw the car, she found that the car glass was intact when she checked the car.
After confirming that the scratches on the car glass occurred during the period from the down payment to the pickup of the car, Youxin guaranteed the car and compensated the car glass and the whole car for 5000 yuan. "There is a payment record of Youxin compensation at hand. At that time, there was a problem with the vehicle, and Youxin gave after-sales protection." Ms. Tang told Zhongxin Jingwei.
In mid-January this year, Mr. Li (Ms. Tang’s father-in-law), the owner of the vehicle, found that the fault light was always on when the vehicle was in use, and then it rattled when it started, and it often happened that the gear could not be hung and the gear could not be picked up during driving.
Ms. Tang said that by March of this year, it was already very difficult to start the car. It was difficult to shift gears and pick gears, and sometimes it would turn off, but it could still be driven with great efforts. In March, the car couldn’t run at all.
"At this time, we realized that the problem of vehicles may be very serious." So, Ms. Tang sent the car to the vehicle repair shop for inspection. After inspection, the master of the repair shop told Ms. Tang that the engine and gearbox of the car had traces of being disassembled for maintenance. If it was to be repaired at its own expense, it would cost more than 30,000 yuan.
Ms. Tang suspected that this was an accident car, so she began to contact the customer service of Youxin, and every time the customer service replied, "Your feedback question has been accepted by Youxin used car. After confirmation and verification, I will take the initiative to contact you within 1 working day, but in fact there has been no reply.
In desperation, Ms. Tang had to contact Sun Pei, the salesman of Youxin who bought the car at that time. Sun Pei told Ms. Tang that he was only "responsible for pre-sales, regardless of after-sales" and gave Ms. Tang a customer service phone number of Youxin Beijing. However, after contacting Ms. Tang, she found that the rhetoric of Youxin Beijing customer service is still "the feedback problem has been accepted and will be contacted actively within one working day", and the problem has not been solved.
Rights protection | Multi-party contact is blocked and long
In the case that the problem has not been solved for a long time, Ms. Tang decided to suspend the car loan in August and return it after the vehicle problem was solved. However, since the suspension of car loan repayment, Mr. Li, the owner of the car, has received dozens of harassing calls from Youxin every day. Some of the calls also threatened, "We are the collection department of Youxin, and we don’t care if the car is an accident car, but if we don’t repay the car loan on time, someone will come to collect it and confiscate your house and car."
"Now, this car has been lying downstairs," Ms. Tang said. "We can’t drive it after buying it, and we have to pay back the loan every month. We are really anxious."
In August, Ms. Tang finally waited until someone from Youxin took the initiative to contact her. However, Han Jiahua, a self-proclaimed after-sales person of Tianjin Youxin Airport Branch, said that in early 2018, Youxin Tianjin Company was divided into two parts, one part was Youxin Airport Branch and the other part was Youxin Yunda Branch; The car was bought in Yunda Branch, but it will be fed back to Airport Branch every time after sale. This has nothing to do with Airport Branch, so we have to go to Yunda Branch to solve the problem.
Later, Ms. Tang came to Yunda used car market again to find Youxin Yunda Branch, but the staff said that Yunda Branch was only responsible for pre-sales, and there was no after-sales. All after-sales services were handled by Tianjin Airport Branch, and the after-sales problem of the car glass incident was handled by Airport Branch, so the after-sales problem of this car should not be solved by Yunda Branch.
"During the period, Sun Pei also coordinated and contacted the manager of Youxin Tianjin Region and the after-sales staff of Youxin Airport Branch (colleague Han Jiahua). After consultation, they said that they would give a reply within one week." Ms. Tang added that no one contacted after waiting for half a month, but no one answered the phone when she called the staff of Youxin who participated in the negotiation at that time.
"At this time, I was embarrassed, so I was pushed around." Ms. Tang had no choice but to get through the customer service of Youxin again, hoping that the headquarters could coordinate a person to communicate the problem. The customer service promised to solve the problem again, but there was no reply.
On September 25th, Ms. Tang organized and published the event through Weibo and @ Youxin Xiaoer. Youxin Xiaoer replied that he had received feedback and coordinated immediately. However, Ms. Tang said that no one has contacted her so far.
"I contacted Sun Pei two days ago, and his feedback is that there is no solution at present." Ms. Tang recently told Zhongxin Jingwei.
Ms. Tang said that now she is complaining about customer service again, and the customer service staff even asks her, "Haven’t the problems you have reflected been solved yet? We have expedited your registration for many times, and we have expedited your handling every time. " Referring to this, Ms. Tang feels a little dumbfounding.
Speaking of the current demands for safeguarding rights, Ms. Tang told Zhongxin Jingwei that she hoped Youxin would stop threatening and harassing by phone. At the same time, because the accident car involves the safety of use, the vehicle is afraid to use it again. I hope Youxin will return the car for a refund.
"If the problem has not been solved, I am not going to continue to repay. After all, no one can spend tens of thousands of dollars to buy an iron knot." Ms. Tang added that on September 19, the car had been voluntarily returned to Youxin Tianjin Branch.
Response | Youxin said that it only provides loans.
The lawyer suggested taking legal proceedings.
Regarding Ms. Tang’s experience, the relevant person in charge of the used car public relations department of Youxin responded to Zhongxin Jingwei, saying that Youxin was not familiar with the vehicle condition, and when buying a car, Youxin signed an exemption confirmation letter with the consumer, confirming that it was purchased from the car dealer. This car has not been tested and certified by Youxin.
The above-mentioned public relations personnel of Youxin said that if there is a problem with the vehicle, consumers should find a car dealer to coordinate and solve it. As for the customer’s claim that there is a problem with the vehicle and the repayment obligation is no longer fulfilled, the financing company has to urge the customer to repay, including telephone calls and text messages.
Ms. Tang does not agree with this statement. She said that after discovering the problem with the vehicle, she first called the after-sales service of Youxin and also contacted the car dealer. Car dealers said, "If you buy a car from a car dealer and Youxin only provides car loans, then the down payment should be paid to the car dealer, not Youxin."
"Actually, the down payment was paid directly to Youxin, and Youxin tested the vehicle before buying the car, which also shows that the car was bought from Youxin, and Youxin should be responsible for the test results." Ms. Tang revealed a detail. She once asked why the vehicle insurance premium was more than 8,000 yuan. At that time, Youxin said that because the test found that the car was in particularly good condition, the valuation was set at 98,000 yuan, and the premium was calculated based on the valuation.
At the same time, she also mentioned that at present, she can’t prove that the car was purchased from a car dealer, and the payment record is indeed in Youxin’s place. And the loan-related financing company mentioned by the public relations staff of Youxin did not know when buying a car.
So, how should consumers deal with this situation? Qiu Baochang, director of Beijing Huijia Law Firm and president of the E-commerce Rule of Law Research Association of Beijing Law Society, suggested in an interview with Zhongxin Jingwei that after a dispute occurs, consumers can negotiate with Youxin. If negotiation fails, they can complain to the market supervision department and consumer protection organizations. If it still can’t be solved, you can take legal proceedings to protect your rights. If Youxin doesn’t respond all the time, consumers can also take civil proceedings directly.
Qiu Baochang further pointed out that if the negotiation is not good and mediation is impossible, we will go to court through legal procedures, and the law will collect evidence and divide responsibilities. If there is evidence to prove the original car’s promise of no accident, and now it is found to be an accident car, we can consider whether it is suspected of fraud. For the temporarily pressed contract and vehicle property certificate, you can claim; When faced with telephone threats, it is a more appropriate way to choose the police.
In fact, in recent years, incidents of selling faulty cars in the used car market have occurred frequently. How to standardize this problem and resolve the credit crisis of second-hand car market transactions? Cui Dongshu, secretary-general of the National Passenger Car Market Information Association, suggested that, first of all, information technology should be used to increase transparency. It is necessary to improve the second-hand car trading system, establish a national unified second-hand car quality traceability system, strengthen the monitoring of second-hand car quality, and disclose relevant information to consumers to avoid information asymmetry between consumers and e-commerce platforms; Secondly, it is necessary to increase the penalties imposed by the regulatory authorities on corporate advertising, urge enterprises to fulfill their information disclosure obligations to consumers, fully respect consumers’ right to know, choose, fair trade and security, and safeguard consumers’ rights and interests.
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