After finding that the credit card with a limit of only 10000 yuan has to pay an annual fee of 900 yuan every year, Mr. Cai from Baise, Guangxi, cannot sit still. For more than a year, he has been reflecting and complaining about this matter to the regulatory authorities, and was eventually sued by the bank to the court.
The bank clerk handled the business at home, and the man applied for a credit card of more than 10000 yuan
Cai, a 40 year old native of Baise, Guangxi, works in a local enterprise.
"On the afternoon of March 22, 2017, a salesperson from Industrial Bank Nanning Branch came to our company to promote credit cards. Although I was not a savings user of Industrial Bank, I just had a demand at that time, so I applied for a credit card."
On the morning of May 16, 2024, Mr. Cai told the reporter of Dafeng News of China Business Daily that after inquiring about his credit report, the salesperson of Industrial Bank said that he could not get a large credit card for him, but only a small credit card of more than 10000 yuan. He asked if he could get one?
"I said to do it at that time, and then I signed the agreement." Mr. Cai recalled that shortly after the agreement was signed, he received the credit card sent by Industrial Bank (Mr. Cai said that the limit was not more than 14000 yuan), and then he used it normally and made normal repayment.
Six years later, he found that the annual fee for the credit card was 900 yuan, and he immediately reported to the bank
"In April 2023, after I paid 1000 yuan to my credit card, I didn't receive a message reminding me of the successful repayment. At that time, I was very puzzled. At the suggestion of my friend, I downloaded a mobile app of Industrial Bank, which found that 900 yuan was an annual fee in the previous 1000 yuan repayment."
Mr. Cai said that he called the customer service of Industrial Bank the same day to ask what was going on. The customer service replied that his credit card was a platinum card, and he would charge an annual fee of 900 yuan every year regardless of whether he spent it or not. The annual fee already charged would not be refunded. He also said that Mr. Cai had signed the agreement at that time. If Mr. Cai thought there was a problem, he could complain to the regulatory authorities or sue the court.
After inquiring, Mr. Cai learned that Industrial Bank had deducted 900 yuan from his annual fee every year, but he didn't notice.
"I did sign the agreement that year, but the salesperson of Industrial Bank didn't tell me what kind of card and how much the annual fee was."
In the card handling agreement signed by Mr. Cai that year, the reporter from Dafeng News of China Business Daily saw the following words: I have read all the application materials Having known the charging rules of the cards handled, we agree that your bank will collect the annual fees and production costs receivable, whether activated or not.
Picture provided by the interviewee of the card handling agreement signed by Mr. Cai that year
"You see, in the card application materials of Industrial Bank in that year, the salesperson did not tell me which kind of card to apply for, nor did they choose one of the multiple card options. Why did they choose a platinum card with an annual fee of 900 yuan for me?"
In the information provided by Mr. Cai, the reporter of Dafeng News of China Business Daily noticed that there were many kinds of credit cards promoted by Industrial Bank in those years, with annual fees ranging from 80 yuan to 2600 yuan, and 900 yuan was relatively high.
During the period of reporting and complaining to the regulatory department, the bank entrusts the collection institution to collect fees from the unit
Mr. Cai said that his credit card limit did not exceed 14000 yuan, but the annual fee reached 900 yuan. How could a normal person handle such a credit card?
"Since April 2023, after finding the problem, I have reported and complained to the regulatory authorities for many times, but the result is not ideal."
Mr. Cai said that because of the dispute over the annual fee and the lack of official response from the regulatory authorities, he stopped repaying Industrial Bank after the incident. In September 2023, Industrial Bank froze his credit card.
"Since then, I have reported to the regulatory authorities and negotiated with Industrial Bank on the repayment issue. Due to great differences between the two sides, it has not been settled."
Mr. Cai said that during this period, he received many collection calls from collection agencies. Sometimes I will receive many in one day, which is very annoying. In desperation, he continued to complain to the regulatory authorities.
"Unexpectedly, at noon on February 5 this year, three staff members of the collection agency entrusted by Industrial Bank came to our unit for collection. My opinion is to ask them to return the annual fee and interest (more than 5000 yuan) for six years, and I will pay back the arrears (more than 10000 yuan). I talked with them three times, but they refused to give in.".
"Three collectors stayed in our company for more than three hours, and when they left, they said in front of my colleagues that if I didn't repay in time, they would sue me in the court, making me lose face in front of my colleagues."
Mr. Cai provided several videos to confirm the above statement to the reporter of Dafeng News of China Business Daily.
Reply from the regulatory authority:
There is no evidence to show that the bank has failed to perform the obligation of notification, but there is a problem of inadequate management of the collection institution
Mr. Cai said that Industrial Bank entrusted the collection agency to call for collection for many times, and the collection by the upper unit had affected his work, which he reported to the regulatory authorities.
In the middle of February this year, he received a reply from the Guangxi Supervision Bureau of the State Financial Supervision and Administration Administration, with the main contents as follows:
The letter reflects that Industrial Bank failed to fulfill its obligation to inform, collect annual fees and change its platinum card. It was found that the Annual Fee of Credit Card and the type of credit card have been listed in the Credit Card Application Contract of Industrial Bank, and the statement and signature column contain a copy of the reading prompt and the signature of "Cai XX". There is no evidence to prove that Industrial Bank Nanning Branch has failed to fulfill the obligation of notification, collect annual fees and change the platinum card.
On illegal collection. Through investigation, it was found that the external collection institution was collecting in the name of the credit card center of Industrial Bank, the entrusting party, and Industrial Bank did not manage the collection institution properly.
For the problems found in the investigation, our bureau will take corresponding supervision measures according to the work responsibilities. Thank you for your support to the supervision work of Guangxi Supervision Bureau of the State Financial Supervision and Administration.
Mr. Cai said that at the end of February this year, he received a notice from the Qingxiu District Court of Nanning City, which made him aware that Industrial Bank Nanning Branch sued him to the court for "maliciously defaulting on credit card arrears".
"Not long ago, the court organized several mediations. The opinion of Industrial Bank was that I should either repay the loan of more than 6000 yuan in a lump sum (excluding the annual fee already paid) or repay more than 10000 yuan in installments (excluding the annual fee already paid). I can't accept this. My opinion is to repay the debt of more than 6000 yuan in installments, but the other party does not accept it. At present, I am waiting for the court to hold a hearing."
In the afternoon of May 16 and in the morning of May 17, the mediator of Nanning Qingxiu District Court said that the case of Industrial Bank Nanning Branch suing Mr. Cai had failed many times in their mediation (the mediation content was basically the same as that of Mr. Cai). Since Mr. Cai's domicile was in Baise, Guangxi, Industrial Bank Nanning Branch has filed a separate lawsuit with the local court in Baise.
Reply from the bank: the mediation fails because the parties continue to raise unreasonable demands
Is Mr. Cai's report all true? On May 16, the staff of Industrial Bank Nanning Branch told Dafeng News reporter of China Business Daily that the interview should follow the process. On the morning of May 17, according to the requirements of Industrial Bank, the reporter provided the other party with relevant procedures. The staff of Industrial Bank Nanning Branch said that they had received the interview letter from the reporter, and there will be a specially assigned person to connect and reply. As of press release, the reporter has not received a reply.
Mr. Cai said that in the afternoon of May 16, he received a reply from the 12345 hotline center of Guangxi Autonomous Region to his complaint.
The reply is as follows: The Guangxi Regulatory Bureau of the State Administration of Financial Supervision and Administration of the People's Republic of China replied that Industrial Bank's malicious collection and consumer fraud you reported through WeChat channel on April 29, 2024:
Our bureau received Mr. Cai's 12345 complaint work order on May 6, 2024. According to the relevant provisions of the State Administration of Financial Supervision and Administration on handling consumer complaints, our bureau has transferred it to Industrial Bank Nanning Branch for handling in accordance with the Administrative Measures for Handling Consumer Complaints in Banking and Insurance. Now the bank has completed the handling, and Industrial Bank Nanning Branch has replied as follows:
As for the annual fee reported by Mr. Cai to the regulatory authority earlier, we have submitted relevant supporting materials, which prove that the customer knows the annual fee according to the current materials, so we cannot refund or replace the annual fee for him.
It is verified that the annual fee, credit investigation and other issues complained by our staff to their unit after their own consent on the same day on February 5 did not involve collection, so our apology was not involved.
Our bank has mediated with Mr. Cai many times through Guangxi Banking People's Mediation Committee, Qingxiu District People's Court Mediation Tribunal and other channels, but the mediation failed due to Mr. Cai's continuous unreasonable demands. During the mediation on May 11, Mr. Cai informed the mediator that he refused to settle with our bank. At present, the mediation failed and our scheme has been invalidated.
Chinese Business Daily Dafeng News reporter Chen Youmou, editor Li Zhi
(If there is any information, please call the news hotline of Huashang Daily 029-8888 0000)
