As we all know, ID cards are the most important documents in citizens’ daily lives and are related to the safety of our personal and property. Therefore, once lost, we should report the loss immediately, otherwise it is likely to be used fraudulently, causing endless troubles.
On December 16, 2019, Ms. Dai from Guizhou found out that she had been "married twice" due to house purchase matters. One of them was when she registered her marriage with a man she had never met, Wang Moumou, at the Civil Affairs Bureau of Linzhang County, Handan City, Hebei Province in 2013. Her ID card was lost in 2013. On the same day, the Linzhang County Civil Affairs Bureau confirmed that someone had registered with the Civil Affairs Bureau using Ms. Dai’s identity in 2013. However, the Civil Affairs Bureau was unable to revoke the record. It is currently recommended that Ms. Dai take legal action.
As a valid document to prove citizenship, the ID card is essential for everything from applying for a card over the phone, opening a bank account, traveling and staying, to enrolling in school and employment, registering for marriage, buying a house, taking a loan, and registering a company. It can be said that citizens cannot move without their ID cards. And because of this, in current social life, there are more and more cases of fraudulent use of other people's ID cards, so that some people are "legalized", "loaned", "married", etc. without knowing it.
Judging from a large number of actual cases, the main dangers of lost ID cards are as follows:
1. ID cards are taken to apply for mobile phone cards
Cases 1:
Xiao Li accidentally lost his ID card and bank card during a trip and was at a loss in panic. Before reporting the loss, all funds including Alipay bank cards were transferred away.
If the ID card is lost, criminals are likely to use it to apply for a new mobile phone card, thereby obtaining the verification code and easily transferring funds, causing property losses. If communication operators are negligent in the mobile phone card reissue process, the possibility of this harm will be greatly increased.
2. Being issued a credit card or loan
Case 2:
When Mr. Zhang was applying for a house mortgage, he was informed by the bank that his credit record was bad , unable to apply for a loan.
It turned out that in 2015, Mr. Zhang’s ID card was lost. Since then, someone has applied for a savings card in the name of Mr. Zhang at a bank in Shenyang, Liaoning Province, and used the card to apply for a loan at online banking. Over several years, he took out multiple loans, with a total loan principal and interest of 57,615.28 yuan. The bank reported his bad credit record to the People's Bank of China. Therefore, Mr. Zhang’s various loan businesses are restricted. Now, when buying a house, his credit cannot be approved.
3. Using false identity to open a company
Case 3:
Han, a teacher from Shandong, suddenly lost his identity card. There was an extra company, and he took on an 18 million yuan loan inexplicably. Due to failure to fulfill his repayment obligations, Han was also included in the blacklist of dishonest persons subject to execution. He is not allowed to take public transportation, which brings great inconvenience to his work and life.
4. Issuing bank cards on behalf of others provides cover for fraud and money laundering
After the ID card is lost, someone may use someone else’s ID card to go to the bank to open a card, and then transfer the ID card and the bank card to the bank card. The cards are sold together to those who need them. Some of the "handled" bank cards are used for fraudulent activities, and some may even be used for "money laundering."
After reading the above cases, I believe that many friends who have lost their ID cards can’t help but shudder. It’s true that if you sit at home, disaster will come from the sky! So if the ID card is lost and used fraudulently, causing such serious consequences, who should bear the loss?
If the ID card is lost and used fraudulently, who will bear the consequences?
According to the "Comprehensive Replies to Issues Concerning the Replacement of Lost Resident Identity Cards", if a resident identity card is lost and used fraudulently by others, the fraudster and the relevant departments shall bear corresponding legal responsibilities, and the person who lost the identity card shall not be required to do so. Take responsibility for actions you did not commit.
Moreover, the "Resident Identity Card Law of the People's Republic of China" also stipulates that when the relevant user unit requires an individual to produce an ID card, it is obliged to check the authenticity of the ID card and whether it is a "personal ID card". "Unity" to prevent others from fraudulently using your ID card.
Therefore, if the ID card is lost and used by criminals, the loss will be borne by the relevant review department and the impostor. The person whose ID card is lost or stolen does not need to bear relevant responsibilities.
Remedies for fraudulent use of ID cards
For Ms. Dai who lost her ID card and got married, the Civil Affairs Bureau currently recommends that Ms. Dai take legal action. Records can be revoked by prosecuting fraudsters or deficiencies in the civil affairs bureau’s registration procedures.
For victims who find that their loans have been fraudulently used, they must not listen to the scam of any intermediary agency to "whitewash" their credit records, and should follow formal legal procedures to solve the problem.
First, go to the local public security bureau to report the crime. After the case is filed, the report form can be used as strong evidence to negotiate with banks, industrial and commercial bureaus and other departments.
Secondly, confirm with the bank that the borrower is not you. Confirm the unreasonableness of the debt by notarizing that the handwriting on the loan contract is not my own, or that the loan video is not my own, and contact the bank to clear the debt in a timely manner.
Finally, it is very important to remember to eliminate the bad credit record of the central bank. Generally speaking, "impersonated loans" are special circumstances. Individuals can apply for an "objection application" at the local Credit Reference Center of the People's Bank of China. According to the relevant requirements of the staff, they must provide corresponding documentary evidence. After confirmation, it usually takes 15 working days. Within a few days, this bad credit record will be removed from your personal credit report.
However, it is worth mentioning that in real life, when an individual's ID card is used fraudulently, it is very complicated to deal with it. First, there is a lot of evidence that needs to be collected. Second, the time period for resolution is quite long, and the cost for victims to deal with and defend their rights is very high. Taking the "married" lady as an example, she may be unable to get a loan because the second marriage registration cannot be revoked within a short period of time, leading to a breach of contract.
Therefore, in order to reduce the occurrence of this situation, we must pay attention to:
1. It is necessary to protect personal privacy information, especially ID cards and bank cards.
Do not store ID photos on your phone. Many apps now require identity verification. If your phone has an ID photo, once it is lost, it will give criminals an opportunity to transfer funds. In addition, when using a copy of your ID card, you must also endorse it to prevent the ID card information from being stolen.
2. Develop a good habit of checking your personal credit report at least once a year.
Only by checking credit reports, obtaining unusual credit information in a timely manner, and communicating and handling them as soon as possible can we have the opportunity to minimize losses.
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