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Investigation Leads ZR: Bank Pledge Case

2024

Video: Investigation Leads ZR: Bank Pledge Case

Video: Investigation Leads ZR: Bank Pledge Case
Video: Loan App Case | Police Investigation Found Money in Six Blocked Bank Accounts | Transferred to China 2024, March
Investigation Leads ZR: Bank Pledge Case
Investigation Leads ZR: Bank Pledge Case
Anonim

TRANSACTION “IN CELLOFAN”

The young family - Vladlen and Oksana Ts. - decided to get a car. There was not much money - seven thousand dollars. At first they were looking for an inexpensive second-hand foreign car, but in Moscow they offered obvious rubbish for the money. Then at the family council they decided to look for a one-year-old “Lada” of the “tenth” family. Vladlen spent days combing the Internet in search of a suitable option. A few weeks later, luck smiled - I read an ad on one of the popular automotive sites: the brand new “twelfth” was for sale. With a mileage of just over 1, 000 kilometers, but $ 1, 000 less! On the same day, they called on the specified phone. The man answered the call, introducing himself as Gregory.

- Yes, the car has not yet been sold. It’s in the yard, you can drive up to see.

Spouses C. rushed to the specified address. A young guy came out of the entrance - the same Gregory - and said that he was a friend of the owner. The owner himself will be a little later, he just asked a friend to help sell the car. The car with transit numbers was in a "shell" - a completely new one, even seats in cellophane. After inspection and small bidding (the price was reduced by another $ 200), the parties were satisfied. Together with Grigory (he had a handwritten power of attorney), Vladlen and Oksana drove to the nearest traffic police post, where they “punched” the car at the bases. After making sure that there were no problems on either the technical or legal side, we agreed: as soon as the owner returns, Grigory will discuss the details of the deal with him, and if the price suits him, they will shake hands. Before Ts had reached the house, the telephone rang. This is Gregory reported that everything is in order and the owner agrees. It was only three in the afternoon, we decided not to lose time, but to meet immediately to complete the transaction.

The owner, a fellow young man, Alexei, was glad that he didn’t have to spend time looking for buyers. I regretted, however, that I had to part with the car - “but what can we do, we urgently need money” … After a couple of hours, the couple, having issued a reference account in Oksana at one of the commission stores, were already driving home … The young wife could not get enough of the gift. And they found the car quickly, and issued it literally in two days (including registration with the traffic police), and then the hostess never failed. And six months later, in November, the family of C. was expected by an unpleasant surprise.

A lawsuit came to the name of Oksana: one of the Moscow commercial banks demanded … return the car! It turns out that the car was bought on credit. He was given to the same Gregory, who posed as a friend of the owner of the car. True, as it turned out, his name was not Grigory at all, but Igor. And in one day (May 26) he managed to get a loan, buy a car and sell it to Alexey! And on May 27, an announcement appeared on the Internet about the sale of a "practically new car." The next day Vladlen came across an ad, and his wife Oksana became the new owner of the “twelfth”. By the way, all this information is contained in the TCP, where they put notes on the dates of sale of the car. Only now the young couple did not mind why the car passed from hand to hand so quickly. Alas … Loan and pledge agreements were attached to the statement of claim, as well as a copy of Grigory-Igor's passport - the usual procedure when applying for a loan. It was from the photograph on the passport that Vladlen and Oksana recognized the fraudster.

ALL BY LAW

As it turned out, everything was very simple. The bank, having not received a single contribution to repay the loan, on the basis of an agreement concluded with its client (Igor), sent him a telegram demanding to repay the loan ahead of schedule. Naturally, there was no reaction to this, after which the bank, after waiting some more time, went to court. The statement of claim indicated two defendants. The first is the debtor, the second is Oksana. When issuing a loan, the bank always tries to provide it and the car itself acts as such security. If the loan is not repaid, the bank may withdraw the car to pay off the debt. In this case, the pledge holder (bank) has the right to demand the seizure of the subject of pledge, regardless of who is currently its actual owner. And so it happened. The statement of claim contains two requirements: to his client - to return the loan, and to Oksana Ts. - to give the car.

The law here is almost certainly on the side of the bank. Since a car is a pledged item, it can only be sold with the permission of a pledge holder, that is, a bank. This is indicated both in the bank’s contract with the client and in the law (article 346 of the Civil Code of the Russian Federation). It is clear that the bank did not give any permission to sell VAZ 2112, and in this case the transaction concluded between Oksana and the scammers is considered void and does not entail any legal consequences. From the point of view of the law, the requirements of the bank are absolutely justified. He does not require Oksana to return the money, but asks the court to foreclose on the car - the subject of a pledge and alienated without appropriate permission. The court did just that, deciding to consider VAZ 2112 controversial and therefore arrested as a pledge. And although Oksana’s car wasn’t taken away, she is standing in a garage lonely - according to the law, she cannot be used.

In such a situation, our main task was to “turn the arrows” on the sellers themselves. Indeed, it was because of their actions that Oksana had to go to court, make excuses that she did not know which car she was buying, and pay for the work of lawyers. We wrote a statement to the prosecutor's office to institute criminal proceedings on the fact of fraud. It is quite obvious that by deception, the attackers, having sold a “credit” car, took possession of the money of Oksana and Vladlen. The worst thing for buyers in this situation is that it is almost impossible to calculate such a car. According to all databases of the traffic police, it is absolutely “clean” and there are no complaints from law enforcement agencies against it. It’s physically impossible to verify how this car was purchased; you won’t start ringing all the banks in the country: didn’t anyone give them a loan to buy this car?

Theoretically, we could still make claims to the thrift store in which the reference account was issued. Formally, the purchase of a vehicle through a commission fee looks like letting a car for commission, with its subsequent sale by the store. That is, the seller of the car is not an individual, but a commission store, which should be responsible for the sale of the car pledged by the contract. That is, reimburse the injured buyer the cost of the car and make a complaint to the one whose car was accepted for commission. To those scammers.

This option did not fit our situation. Firstly, the cost of the car indicated in the reference account is much less than the real price of the car. This is a fairly common misconception - supposedly to exempt the actual seller (or buyer) from paying taxes, the cost of the car, indicated in the reference account, is deliberately underestimated. How many times have we written that, by law, neither the seller nor the buyer should pay any taxes when buying and selling a car! But, in spite of everything, they continue to stubbornly underestimate the cost of vehicles. In the case when claims are made from the buyer to the store (as in the story with Oksana), the court will proceed only from the amount specified in the certificate account. And secondly, a note was made in the reference account that the store received 400 rubles for its services - that is, only the cost of reissuing.

We had no choice but to make a complaint directly to the one who actually sold the car to Oksana. Fortunately, at the time of the purchase, the spouses of Ts. Took a receipt from the seller, which indicated when, in what amount and for what he received the money. Moreover, the amount is given in full. The same receipt served as the basis for appeal to the prosecutor's office.

THE NUMBER OF SELLED IN THE COUNTRY ON THE LOAN OF CARS IS GROWING, SO IT IS NOT SURPRISING THAT THE FRAUDERS DECIDED TO PLAY ON THIS FIELD.

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