(CRIENGLISH.com)
Updated: 2008-03-31 16:10

The security authorities held that the overdraft of the credit card had so far brought no tangible harm to Fu Pengwei and Wang Hexiang. They are not the victims. In other words, the case had to be reported by the bank. Fu Pengwei thought given that he had explained to the bank how he got involved with Chen Ze's credit card, all he could do now was to wait for the bank to report the case. The two parties went back home. But what happened later was totally out of Fu Pengwei's expectation.

In May 2007, Fu Pengwei suddenly received a subpoena from the court. The ICBC Shanghai Branch opened a lawsuit against him, demanding him to pay back the overdraft and interests that occurred to Chen Ze's credit card. The money amounted to some 5,800 yuan, or 770 US dollars. As a guarantor, he became the accused. Fu Pengwei was greatly taken aback.

"I was so surprised. The credit card is not mine. I didn't overdraw any money, nor did I owe the bank. Why would the bank sue me?"

Then why did the bank sue the guarantor instead of reporting the case to the security authorities? A bank staff member explained that they did this by following the procedure in pressing for repayment.

"According to the bank's procedure, we normally recover the payment first by making a phone call, second by sending a letter, then by paying a visit to the card holder and the guarantor. If the payment remains outstanding for a long time, we definitely will resort to judicial means. This may either concern the card holder or the guarantor."

But Fu Pengwei argued that as Chen Ze's guarantor, he only vouched for the credit of Chen Ze himself. But the overdraft took place after Chen Ze died, which obviously was not Chen Ze's act. Should the guarantor pay for it as well? The staff member from the bank gave a positive answer.

"In fact, one can find certain provisions in the contracts for getting a peony credit card of the ICBC and similar provisions are in the regulations for bank cards of the People's Bank of China. The provision stipulates that if the transactions of a credit card take place via a password, then the transactions would be viewed as conducted by the card holder himself. In other words, once an overdraft occurs, no matter if the money was drawn by the card holder or by anyone else, as long as the transaction was made possible by using the password, then the card holder and the guarantor would have to pay it off as the transactions are viewed as undertaken by the card holder himself."

If the overdraft was considered a transaction conducted by Chen Ze himself, then how could his family sit back and do nothing? Fu Pengwei called Chen Ze's wife Wang Hexiang again.

"I told her that the ICBC Shanghai had lodged a complaint again me and that I still hoped she could pay back the money. But she replied that if the bank sued, then let it sue."

On June 27th, 2007, the People's Court of Huangpu District of Shanghai made its verdict. Fu Pengwei was demanded to repay the ICBC Shanghai the overdraft and its interests, totaling some 5,800 yuan, or 770 US dollars.

"Having got the court verdict, I thought anyhow things had already come to this end, I will swallow it and just learn a lesson from this."

According to the provisions in China's Contract Law and Guaranty Law, as Chen Ze was no longer able to pay back the money, it is upon Fu Pengwei the guarantor to take up the liability. Soon after the court made its verdict, Fu Pengwei repaid the bank. But our story didn't end there as Fu Pengwei refused to let it go.

"I still held that it is Chen Ze's family who should pay back the money. So after I paid the money back to the bank, I called his wife again, hoping she could refund me the money."

But no matter what Fu Pengwei said, Chen Ze's family refused to budge, stressing that they were not the ones who used the money after all.

Fu Pengwei felt there was no more room for negotiations. He decided to go to court again.

"With my reasoning, even though Wang Hexiang knew nothing about the credit card, while she inherited her husband's assets, she should also pay off his debt. This is according to China's Inheritance Law and Marriage Law."

Fu Pengwei learnt that in addition to some money paid for Chen Ze's shares, Chen Ze also had three house properties. After he died, all these were left to his family. Fu Pengwei felt that having got such a handsome inheritance, his family would have no reason to refuse to clear off the trivial 5,000 yuan.

In August 2007, Fu Pengwei filed a plaint against the four inheritors of Chen Ze's assets, namely Chen Ze's mother, wife, son and daughter. He demanded that the four defendants pay off the overdraft, corresponding interests, and related expenses. The sum was a little more than 6,500 yuan, or 870 US dollars.

As the case went to the court, the two families, once so familiar, treated each other like strangers. Fu Pengwei felt he had been so wronged.

"I was really angry. It makes me see red just thinking of it. As Chen Ze's friend, I did him a favor. Who could have known that several years later, this caused me so much trouble?"

   1 2 3 4 5 6 7   

   1 2 3 4 5 6 7