Legal analysis: First, if you can find the party who impersonates the loan, you can directly file a++lawsuit against it. However, because the fake lender does not use his own identity, it is difficult to verify after a long time, and the second method can be adopted; Second, actively negotiate with banks that handle loans and credit cards. If the bank refuses to solve the problem, it can++the bank on the grounds of "infringement of citizens' name rights", because although they are not the specific implementers of forged loans, they have not fulfilled their responsibility of "strict examination", resulting in huge losses for impostors; Third, impostors should pay attention to collecting evidence. In view of the fact that all kinds of contracts and evidence of impostor loans are not signed by him, he can apply for legal appraisal. Fourth, don't listen to the rumor that any intermediary can "whitewash" credit records, and choose formal legal procedures to solve the problem. Of course, the best way to put an end to fake loans is to protect personal privacy, nip in the bud and let criminals take advantage of it. Fifth, we should establish a sense of credit, and regularly check personal credit reports at the Credit Information Center of the People's Bank of China every year to confirm that our credit is good and we have not been borrowed under false pretenses. Sixth, pay attention to protecting personal privacy, and don't disclose your ID card, bank card and other basic information on occasions of distrust. Only in this way can criminals be eliminated from the source.
Legal basis: People's Republic of China (PRC) Civil Procedure Law.
Article 2 The task of People's Republic of China (PRC)'s Civil Procedure Law is to protect the litigants from exercising their litigation rights, ensure the people to find out the facts, distinguish right from wrong, correctly apply the law, hear civil cases in time, confirm the relationship between civil rights and obligations, sanction civil violations, protect the legitimate rights and interests of the litigants, educate citizens to consciously abide by the law, maintain social and economic order, and ensure the smooth progress of socialist construction.
Article 3 The provisions of this Law shall apply to the people's courts' acceptance of civil actions brought by citizens, legal persons, other organizations and among them due to property relations and personal relations.
Article 4 This Law must be observed in civil litigation within the territory of People's Republic of China (PRC).
What if I get a credit card without knowing it?
I set up a credit card under someone else's pseudonym. Although I don't have a card in my hand, it's actually very easy to cancel my credit card because I use my ID card information. Just take my ID card directly to the issuing bank outlet and let the staff cancel it. Because there is a 45-day settlement period for credit card cancellation, in order to prevent the other party from using the card again, the credit card is reported to be lost before cancellation, and the credit card is in a stop payment state and cannot be used.
In fact, in this case, the concern is not the cancellation, but the direct elimination of credit card records that do not belong to you, especially if the credit card is in arrears or overdue. It is impossible to cancel without paying off the arrears, let alone affect the credit. The correct way is to call the police directly.
Generally, you need to ask the bank for information about handling credit cards, videos of face-to-face signing of credit cards, and comparison of credit cards that you don't handle. After obtaining evidence, let the institution issue a report receipt and mail it to the credit card center, so that the bank can delete the credit card record and resume the credit investigation.
If the bank refuses to delete it, as long as there is evidence in hand, we can go directly to++Bank. After all, the bank did not fulfill its obligation to allow the applicant to overdraw the card with his ID card. The fault lies with the bank, and the bank is responsible.
In short, if someone else impersonates him to handle a credit card, he must collect evidence to prove that he did not handle the card himself, and then file an objection application, so that the bank can modify the credit information and delete the credit card record.
Extended data:
You can take the following measures to protect your privacy:
1, manage items with privacy.
Don't reveal your secret to others at will.
Be wary of others monitoring and prying into your privacy.
4. Try not to participate in activities involving personal privacy, and agree to keep it confidential when necessary.
5, master the knowledge of online security operation, to avoid personal privacy disclosure.
6. Dare to fight against people who invade personal privacy.
7. Strengthen self-protection and awareness of prevention.
8. Protect your privacy.
9. Don't trust others and reveal your privacy.
10, don't intentionally invade others' privacy.
What if someone pretends to use my ID card to apply for a credit card?
Once the parties find that their identity information has been fraudulently used by others to apply for a card, they should contact the bank at the first time, explain the situation and verify the relevant application information, then choose to call the police and take up legal weapons to safeguard their own interests.
You can also go to the credit center to check your credit history. If you have a bad credit record, it is recommended to report it to the public security organ, explain the situation to the bank related to the credit card, cancel the corresponding credit card and restore good credit!
It is illegal to use someone else's identity to apply for a credit card. Design is the most harmful to credit card management. If you overdraw and fail to pay back the money within the time limit, you will be investigated for criminal responsibility.
Credit card has the function of overdraft consumption, and whether it is repaid on time is directly related to the cardholder's personal credit information and vital interests. If your ID card is fraudulently used by others, and the other party fails to repay after overdraft, then the bank will charge this account to you, which will not only bear overdue interest, but also leave a stain on personal credit information.
According to (Amendment IX of the Criminal Law), one article is added after Article 280 of the Criminal Law as one of Article 280: "Whoever forges, alters or embezzles another person's resident identity card, passport, social security card, driver's license and other documents that can prove his identity according to law in activities that should provide identification according to state regulations, if the circumstances are serious, he shall be sentenced to criminal detention or public surveillance and shall also or shall only be fined. If the credit card is found to be fraudulently used, the bank will be responsible for the overdraft or even the credit stain, without the customer's repayment, and assist in canceling the bad credit record according to the procedures stipulated by the People's Bank of China.
No matter what the purpose is, it is very important to protect personal identity information, including a copy of ID card. It is necessary to indicate on it that other information is invalid for (use) only; In addition, you can check your credit report occasionally to see if there is any card information you don't know, but you can't check it often.
What if someone pretends to be my credit card overdraft?
What should I do if my credit card is overdrawn? You should check whether your ID card is lost first. When handling credit cards or debit cards, banks should review them according to the integration of people and cards, and only those who pass the examination can handle them. Therefore, it is impossible to apply for a card only by ID card and ID card information. If a bank fails to fulfill its review responsibility, it shall bear legal responsibility. However, if the ID card is cheated, you should immediately re-apply to the issuing public security organ and report it. If a resident's ID card is lost and is fraudulently used by others, the fraudulent user and the relevant departments should bear corresponding legal responsibilities, and the person who lost his ID card is not responsible for the behavior that he did not implement. The Law on Resident Identity Cards also clearly stipulates that anyone who fraudulently uses another person's resident identity card shall be fined between 200 yuan and 1,000 yuan by the public security organ or detained for less than 10 days. If there are illegal gains, the illegal gains shall be confiscated. I would also like to remind everyone that in order to reduce unnecessary troubles, important identity documents such as resident identity cards should be properly kept to prevent them from being lost or stolen. In case of being impersonated, you must first report the loss of your ID card, then call the police, and then inform the bank to explain the situation. Because banks can't just handle cards with their ID cards, they also have to bear a large part of the responsibility. Reasons for being impersonated to apply for a card 1. The existing resident ID card management system does not explicitly manage the lost ID card. Specifically, after a resident's ID card is lost, even if a new ID card is reissued, the public security organs and other departments can't cancel the lost ID card information of the holder, resulting in the lost ID card having the same effect as the reissued ID card, so that criminals can use the ID card to open credit cards and various documents under the name of the ID card in the bank. In China, the identity card is an important document to identify individuals. If you lose it, you should pay attention to the risk of personal account and privacy disclosure. 2. Check the negligence of the bank witness card, which can be seen from the above. As for impersonating a card, in fact, there are very few cases of impersonating a card because of fraudulent ID cards, mainly genuine cards. Another important reason for impersonating a card is the inspection of resident identity cards. The staff of grass-roots verification units rely too much on the system to verify the authenticity of documents, and the witness verification is too weak. However, the relevant laws do not mention the rights and obligations of relevant institutions or individuals to carry out authentication and verification, and to some extent condone the occurrence of illegal acts such as fraudulently using other people's ID cards to handle cards. Even if the bank finds out that the card is issued under an impersonation, what the bank can do is generally to stop persuasion, and it is difficult to take substantive measures against the attempted card issuance under an impersonation, thus conniving at the frequent occurrence of such cases. 3. Identify technical loopholes. Many banks, as well as the simplification of the current card-handling process and self-service card-handling services, have bred fertile ground for impersonating cards to some extent. At present, financial activities, including stock account opening, can be verified by uploading ID cards, photos and materials, and the authenticity of identity can be verified by the appraisal of the backstage center. This way simplifies and facilitates people's lives, but it is easy for criminals to pass the "verification" by technical means to achieve the purpose of impersonating cards or doing business. This is largely due to recognition technology. However, safety and convenience are often a pair of contradictions. Whether to sacrifice a little security for convenience or to gain security at the expense of convenience can only be left to decision makers. 4. The crime cost is low. It is not easy to solve a case according to the relevant laws and regulations. For example, the Law of the People's Republic of China on Resident Identity Cards stipulates that "whoever fraudulently uses another person's resident identity card or uses a fraudulent resident identity card shall be fined by the public security organ from 200 yuan to 65,400 yuan, or detained from 65,400 yuan to 5,500 days. If there is illegal income, the illegal income will be confiscated ",and the punishment may not be compatible with the current level of economic development. In addition, banks and other institutions mentioned in the above 2 often only take measures of refusing to open an account and persuading them to leave even after admitting the impersonation of opening a card, and there is no clear stipulation on the punishment for the attempted impersonation of opening a card. Therefore, the illegal cost of criminals is extremely low, which increases the possibility of trying again. In addition, after the successful opening of fake cards, criminals often transfer illegal funds through online banking, mobile banking and even overseas operations, which has high time-space conversion, great difficulty in solving crimes and low detection rate. In addition, if the funds involved are not large, the case retention rate is high. All these have encouraged criminals to open cards under false names, which is also the main reason why such cases are repeatedly banned and difficult to handle. How to prevent being impersonated to apply for a card 1, and don't put your ID card and your mobile phone together. The strong magnetic field generated by the high-frequency electromagnetic wave emitted by the mobile phone will magnetize the magnetic chip in the ID card. Once degaussed, the identity information may be unreadable, which will bring trouble to travel or handle business. Try to put your ID card in your close-fitting pocket in public, and don't show it to strangers. Don't lend your ID card to others. Even a copy of your ID card can be used by others to handle some financial business. So we should also take it seriously and not throw it away at will. 4. Don't mortgage your ID card to others. Many migrant workers often mortgage their identity cards to their bosses, which seems to ensure the loyalty of employees, but in fact it brings security risks to migrant workers. These small bosses hold a large number of citizen ID cards, and if they are used for illegal purposes, the consequences will be very serious. 5. If the ID card is lost, you should go to the public security organ for replacement procedures in time, and if necessary, you can publish a report on the loss in the newspaper to avoid unnecessary losses. As a credit certificate, credit card is linked with the credit and property of the parties. If my credit card is overdrawn under someone else's fake name, I should call the police and then notify the bank to clarify the situation. As an institution handling credit cards, banks have the obligation and responsibility to verify. Therefore, in this case, banks also need to bear certain legal responsibilities.
This concludes the introduction of how to deal with fake credit cards and fake credit cards. I wonder if you have found the information you need?