The payment function of WeChat is becoming more
and more popular, and people have become accustomed to this fast and convenient
online payment method. However, this payment method is done online throughout
the entire process and there is no paper certificate. If the borrower does not
accept the loan, how can we protect our rights? Citizen Lee faced such a problem
and let's see how she solved this issue.
Li and Wang Yuan are college classmates and their
relationship began in their senior year, after her boyfriend lost his job, she
took pity on her boyfriend and transferred 100,000 yuan to him through several
WeChat transfers.
The following year, Wang Yuan slowly returned some of the
money. At the same time this year, Li and Wang Yuan have gradually cooled off
towards each other due to their busy work schedules. Finally, they parties
confirmed their separation at the end of the year. When they broke up, they both
confirmed the previous loan information in text form on WeChat: the guy borrowed
100,000 yuan to pay off personal debts, 20,000 yuan was returned, and the
remaining 80,000 yuan will be fully repaid by the end of October 2020.
However, when the agreed repayment time came, Wang Yuan did
not pay as agreed, and even "disappeared." Li couldn't contact him. She
questioned his family and friends many times, but received no useful information.
In desperation, Li was forced to sue Wang Yuan.
This case seems simple and well-documented, but there is something
more complicated about it. During the trial, the judge found that defendant Wang
Yuan's WeChat name was listed as "Wang Yuanyuan", which contradicted his real
name "Wang Yuan". After checking the registration information, it turned out
that Wang Yuan did not use his name on Wechat.
"Wang Yuanyuan" is the same as "Wang Yuanyuan"? How can we define a
credit relationship between two parties? In accordance with the principle of
litigation, the court requires the plaintiff to provide additional evidence
confirming that the plaintiff and the defendant are the owners of two different
WeChat accounts involved in the case.
After seeking help from various parties, the court proved that he
was indeed the owner of the borrower's WeChat account, using the real name
verification mobile phone number associated with the WeChat account. And through
the WeChat function "apply for the transfer of electronic certificate", a
certificate was received indicating the full names of the respondent.
In the end, the judge combined other circumstantial evidence in
this case and determined that the owner of the WeChat account "Wang Yuanyuan"
was "Wang Yuan" in accordance with the standard of factual evidence of "high
probability" in civil litigation, and the court's decision upheld the
plaintiff's claim.
Private lending has always been the subject of constant controversy
and many problems. It is suggested that with private lending, try to reach a
written agreement. If funds are exchanged via WeChat and other online means, you
must save some information that can prove the true identity of the other party,
such as ID cards, bank cards, mobile phone numbers, etc. In addition, it is best
to confirm the existence of a loan audio and video