Credit card holders sued brush car dealer to buy a car called knowledge claims

Updated: October 20, 2015  Views: 39

Learned that his credit card spending by others 75,000 yuan for a car, the cardholder will anger car dealer to court, with its claim for loss not covered by the review obligations. Recently, Tianjin Beichen District Court that cardholder demands the lack of factual and legal basis, according to the judgment dismissed.

Some alleged members of the public square, he was in a bank for a credit card because of the emergence of a delinquent borrower, in November 2014 to produce the penalty after learning of the side of a situation, the inquiry found that the card in his knowledge by others in the case of credit card consumption at a car trading company 75,000 yuan for the purchase of a car. side of a to discuss a statement, the above trading company to court to sign a credit card authorization system consumption, the company tried to review the note obligation on the grounds, asking them to compensation for economic losses 75,000 yuan and the corresponding interest payment.

In this regard, the defendant put forward trading company, this consumption is not the case involves fraudulent. The credit card will be SMS tips produce large consumer, post-consumer plaintiff should receive prompt, instead of repayment only know. In addition, the plaintiff The credit card and password to swipe Tianmou, which indicates that it has agreed to Tianmou use the credit card, and after the transaction is successful adoption of repayment installments. installments by the credit card owner must apply in person, it was found that the plaintiff the sum of consumption is informed. In summary, requested the court to dismiss the plaintiff's claim.

To identify the fact that the case, the credit card Tianmou also participate in the proceedings as a third party. Tianmou said she and the plaintiff is a friend of a few years ago with the help of the side of a business, invest in stocks, and later became a partner in the relationship. After the money promised to the side of a Tianmou 10 million, but have not been to. October 11, 2014, will be involved in the side of a credit card to Tianmou, let Tianmou buy a car before the credit card payment to the side of a Tianmou call on the phone to tell the side of a credit card Tianmou password after finishing car trading procedures, Tianmou credit card to the wife of a party. So, the side of a stolen credit card, said brush with the facts.

Combined with the facts and the law have been identified, the court held that the plaintiff to the defendant failed to fulfill its obligation to review, leading to a third party to use their credit cards Tianmou false grounds, asked the defendant liable, the lack of factual and legal basis, and it will not support Accordingly, the judgment of first instance dismissed the plaintiff's appeal.

Judges say

According to the trial judge, in this case the focus of controversy focused on two issues, namely whether the plaintiff's fraudulent use of credit cards as well as whether the defendant was at fault. About whether fraudulent, the Court believes that the fraudulent use of credit cards is the cardholder The credit card is lost, stolen, robbed and so the case is held by someone else and used false consumption merchants, the last form of unauthorized consumption cardholder on a credit card bill. The plaintiff's credit card does not exist lost, stolen, robbed, etc., the plaintiff and the third party system Tianmou friend for many years, know the credit card Tianmou password, indicate to the third party plaintiff fully trust trial, the plaintiffs consider themselves between October 2014 had a credit card to pay to Tianmou, commissioned its behalf repayment, namely Tianmou legal department made involving credit cards and passwords. Plaintiff existing evidence does not exclude the possibility of authorizing the use of credit cards Tianmou. Accordingly, the court finds that plaintiff's credit card does not exist is to take others the situation with regard to the question whether the defendant is at fault, the court held that, according to the statement, the plaintiff plaintiff's loss of direct infringement should Tianmou third person, and try to examine whether the defendant has no direct obligation, necessarily linked, the plaintiff should be separately Tianmou claim to rights. (Source: Tianjin Court Net)


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