In January 2012, just as the New Year was approaching, Mr. Luo and Mr. Hu approached a local reporter full of grievances. Mr. Luo told reporters20 years ago, I deposited 2,000 yuan in the bank
According to the calculation of the interest rate given by the bank at that time, you should be able to withdraw it after maturityThe total principal and interest are more than 90,000 yuan。However, now the bank said that it could only pay him a maximum of 9,000 yuan.
This was unacceptable to Mr. Luo, and Mr. Hu, who was in the same situation as him, could not understand the bank's approach.
Both of them have deposit receipts in their hands, and the interest calculation method on them is also clearly written in black and white, butWhy didn't the bank continue to deliver on its promises, and what was going on?
One day in September 2009, a special customer, Mr. Luo, walked into a bank in Qingxian County, Hebei Province. As usual, he entered the bank and waited in line to do business, the only difference was the deposit slip he was holding.
It was a yellowed piece of paper, but fortunately, the handwriting on it was quite clear, and you could see the words "deposit receipt" written on itThe deposit amount is 2000 yuan
At this moment, Mr. Luo was sitting in the waiting areaI was also a little apprehensiveHe was worried that after so many years, the bank would not recognize the certificate of deposit.
But thinking that he was a real gold ** and deposited his money in this bank, Mr. Luo couldn't help but feel a little confident.
Soon, it was Mr. Luo's turn, he walked to the counter, took out the slip with the traces of time in his hand and handed it to the salesmanSay you want to withdraw money
The person at the counter was obviously stunned after receiving the receipt, and he looked at the deposit receipt that was not much different from his own age, and was surprised in his heart.
Since he had never handled this kind of business before, the uncertain salesman immediately called the bank manager.
After the bank manager came over, he carefully looked through the deposit receipts and told Mr. Luo that he needed to report to his superiors because of the long intervalConfirm the authenticity of the certificate of deposit
Mr. Luo expressed his understanding and did not say much. After a while, the bank received feedback from its superiorsBoth the certificate of deposit and the seal are genuine and valid
Hearing this, the stone in Mr. Luo's heart was put down, and it seemed that the bank would not admit it.
When he proposed that he wanted to take more than 90,000 yuan from himself according to the principal and interest on the certificate of depositThe bank staff stopped him
The bank manager said that although there is no problem with the certificate of deposit, the money does not meet the policy requirements issued by the central bank today, soUnable to provide payment for Mr. Locke
Mr. Luo felt that he was being poured a basin of cold water on his head in the ice and snow, and he never thought of itI can't get my own money
Feeling unacceptable, Mr. Luo kept negotiating with the bank manager, hoping that the bank would give him a reasonable explanation.
Seeing more and more passers-by at the door, the bank manager was relieved and told Mr. Luo that if he had to exchange it, it would be fine, but it would only be 9,000 yuan at most.
ThisThere is too much difference from Mr. Luo's expected principal and interestThe disparity in the amount was so large that Mr. Luo was angry. He tried to continue communication with the bank, but the bank's staff was adamant and refused to deliver.
After several unsuccessful negotiations with the bank, Mr. Luo took the bank to court in a fit of rage. After accepting the case, the court conducted a detailed review of the case process.
Although the court determined the authenticity and legitimacy of Mr. Luo's deposit receiptHowever, it did not support Mr. Luo's claimIn the end, the court still gave the same judgment amount as the bank's calculation of principal and interest.
Reluctantly, Mr. Luo continued to go to a higher courtAn appeal was filed
In 1989, the wave of reform and opening up spread across the country, and Mr. Luo, who was quite business-minded, also started a business. Gradually,He also had some savings in his handsIt was at this time that his son was born.
Mr. Luo looked at his son's red little face and couldn't help but think about what would happen in the future. Although the son is still young, he will soon grow up, no matter whatGo to school, buy a house, or get marriedStarting your own family, everything costs money.
I do make some money in business now, butThere will always be profits and losses in businessThe uncertainty is too great to provide a reliable guarantee for the child.
After thinking about it, Mr. Luo decided to discuss it with his wife. After some summing, both husband and wife thinkKeeping your money in the bank is the safest placemethod.
But how much should you save, and for how long?Mr. Luo was lost in thought again.
While Mr. Luo was struggling, the bank next to his house happened to launch a copy called"Life**" savingsSave Deposit Campaign.
Hearing the name, Mr. Luo thought that this was simply a savings plan tailored for himself, and Mr. Luo, who was overjoyed, carefully read the leaflets distributed by the bank staff several times.
He saw that on the back of the leaflet was a detailed form corresponding to the amount of the deposit and the interest, which was also writtenAs long as you deposit a few hundred yuan, you can get thousands or even tens of thousands after a few years.
With such a high rate of return, Mr. Luo was so moved that he hurried home to share the good news with his wife, who told her that the family's money would be saved according to this.
The wife was surprised when she heard itRepeatedly confirmed the authenticity of the news to Mr. LuoAfter all, in her opinion, the interest rate given by the bank is too high.
According to the bank's savings activities, if you deposit 1,000 yuan now, you can get it in 10 years.
4. 50,000 yuan.
At that time, an ordinary working-class oneThe monthly income is only a few dozen yuan, 1,000 yuan needs to be saved for a long time, let alone tens of thousands of dollars.
Mr. Luo thinks that what his wife said is very reasonable, and everything is easy to say now, in case a few years later,What should I do if the bank does not recognize the account?Isn't all your money going down the drain?
In order to verify that the bank is reliable,Mr. Luo ran back and forth to the bank several timesThe staff of the bank also patiently explained the situation to him.
He also assured Mr. Luo that he was a state-owned bank, and that no matter when, as long as Mr. Luo came with a deposit slipThey will all pay for Mr. Luo
The banks have made such promises, and Mr. Luo is naturally one hundred and twenty reassured. When he got home, he told his wife to quickly take out all the money and deposit it in the bank, which was a very good opportunity, and if he missed it, it would be gone.
Coming to the bank, Mr. Luo excitedly willAll his deposits in recent years are a full 2,000 yuan, all of them were saved, and he deliberately chose the one with the longest term and the highest interest rate, and it is expected that he will get a total of more than 90,000 yuan in principal and interest after maturity.
After saving the money, Mr. Luo felt a lot more refreshed, and thinking about his son's future life, Mr. Luo was happy for several days.
The deposit receipt was also too precious by him, and he was not at ease when he put the slip in the cabinet, so he bought a small lock and locked the small box where the slip was stored.
But with the busyness of business,This matter was quickly forgotten by Mr. Luo
In the blink of an eye, twenty years have passed, and Mr. Luo's heart is full of emotion when he sees that his son has gone from babbling to now about to enter college.
He wanted to take out a sum of money for his son's tuition, but he always felt as if he had forgotten something. After racking his brain for several days, Mr. Luo finallyI remembered the money I had in the bank
Although that money is not of much use now, it is more than enough to pay for his son's tuition. Mr. Luo was immediately interested, and rummaged through the boxes and cabinets to find the deposit receipt.
Fortunately, Mr. Luo is a nostalgic person, and he is not willing to throw away the old objects at home, and the deposit receipt really let him find it, and because it is properly preserved,The handwriting on it is still legible
Mr. Luo, who was smiling, immediately took the deposit certificate and went to the bank to redeem the money. Mr. Luo's son was very surprised to see his father so happy, and after asking the reason, he also asked worriedly, ".After so many years, can the bank give money?
Mr. Luo glanced at his son dissatisfiedly and said"Why wouldn't the bank give me my own money. ”After that, I took the deposit certificate and went to the bank.
Although he was full of confidence when he talked to his son, when he really arrived at the bank, Mr. Luo was still a little apprehensive. However, he was relieved to hear the bank staff admit that the documents were genuine.
But a series of things that happened after that were never thought of by Mr. Luo.
He just wants to take out the money he deserves, why is it so difficult. SeeThe court's decision was also not in favourHe got 90,000 yuan back, and Mr. Luo was furious.
However, Mr. Luo was not alone in this incident. Once when Mr. Luo came to the bank again to ask for an explanation, he saw itThere was also a person with the same deposit certificate as himself, Mr. Luo couldn't help but pay more attention.
Seeing the man walk out of the bank dejectedly, Mr. Luo hurriedly chased after him and asked him about the situation. Mr. Hu shook the deposit slip in his hand and angrily explained what happened.
It turned out that Mr. Hu, like Mr. Luo, had deposited money in this bank.
At that timeMr. Hu wants to save a life for his daughter**, so that her future life can be guaranteed, he took out his salary for a year and a half, and all 600 yuan was saved.
During this period, even if there were any difficulties in the family, he resolutely refused to let the money be touched, and it was not until the deposit period expired that he found that he could not withdraw it when he came to exchange it.
Mr. Luo empathized and told Mr. Hu about his experience. When two like-minded people saw that the court ruled that they could not get their money back, they thought about itGet help from journalists and let the public judgeto determine who is right and who is wrong.
The reporter ** contacted the staff of the bank, but the other party still said that Mr. Luo and Mr. HuThe certificate of deposit is too long and the interest rate is too high, which does not meet the current regulations of the central bankOn the ground, he refused to prevaricate and was unwilling to pay.
The bank also said that it was willing to give money, but this was a rule of the superiors, and they did not dare to violate it. However, the professional lawyer asked by the reporter said:
"The relationship between the depositor and the bank is contractual, and the contract is invalid only if it violates laws and regulations. The circular or regulations promulgated by the People's Bank of China are issued after depositors have completed the deposit business, and the regulations are only valid for internal financial institutions and cannot affect the interests of third parties, i.e., depositors. So, there's no reason why banks shouldn't cash out. ”Seeing ** fermentation, a staff member of the bank was interviewed by reporters. But in the interview, he saidThe truth is not what Mr. Luo and Mr. Hu said
He told reporters that the reason why he did not agree to pay the full amount was because of the request of Mr. Luo and Mr. HuIt does not meet the conditions for interest payment agreed in writing by both parties at that time
The conditions for the payment of interest are clearly stated on both the leaflet and the paysheet, and a line of note can be seen on that list:
"The principal and interest are calculated according to the current interest rate, and will be adjusted accordingly in case of interest rate adjustment. ”The hedging value in the table is calculated according to the hedging subsidy rate in the third quarter of 1989It should be recalculated according to the subsidy rate and interest rate published on the maturity date of the deposit
The court's judgment will only support the bank's calculation method based on the words marked on the certificate of deposit.
However, Mr. Luo and Mr. Hu said that the certificate of deposit was also stamped with the seal of "according to the unified regulations, the interest is not calculated in sections", which shows thatThe calculation of interest was agreed upon at that time, no longer changing.
In the face of the objections of the two, the staff of the bank said that due to the long time, they could no longer determine the specific meaning of the content at that time, but they were also actively looking for the meaning of the seal and doing their best to protect the rights and interests of depositors.
Mr. Luo and Mr. Hu didn't buy it, they saidIf I could have predicted today's situation, I wouldn't have saved money myself anyway.
Like Mr. Luo and Mr. Hu, there are many people who have encountered difficulties in bank exchange because they have been depositing for too long. Some people choose to continue to insist and use the law to defend their rights and interests.
But more often than notReluctant to devote more energy and time to this matter, they either compromise with the bank and get a little difference in principal and interest by several times, or simply tear up the certificate of deposit and consider themselves unlucky.
Many people are complaining that the bank is suspected of having a "bully clause", but because of its weak strength, they are unwilling to entangle too much with the bank, so they can only choose to endure it themselves.
However,When you are treated unfairlyWe must dare to protect our own rights and interests, only by daring to speak out, can we make the other party aware of the existence of the problem, and blindly swallowing our anger is not the best solution for both parties.
Mr. Luo's case is also a reminder that in the future, when signing any contract or clauseBe sure to pay attention to every word that appears on it
If you don't understand any situation, you should communicate with the other party in a timely manner, and don't sign a treaty full of loopholes in a vague way, so as to lay hidden dangers for your rights protection in the future.
However, as a large financial service institution, banks frequently have disputes with depositors, which also shows that banks still existAreas for improvement
It is believed that with the continuous improvement of China's laws and regulations and the gradual optimization of the financial system, banks will also make corresponding changes and strengthen their own managementProvide better service to the public