The rights-protected Mercedes-Benz female car owner said that the financial service fee received without knowing the situation continued to ferment. On April 15, the reporter learned from the Shaanxi Consumers Association that it is illegal for consumers to be charged without their knowledge. According to the staff of the Consumers Association, consumers may be able to defend their rights by reconciling with the operator, going to the consumer association and the market supervision and management department, asking the arbitration institution for arbitration, and legal prosecution.
Recently, a woman's video of a woman sitting in a Mercedes-Benz car in a 4S shop crying about rights has caused widespread public concern. On the 14th, there were as many as seven topics on the microblogging hot search.
According to the female car owner crying, she bought a 660,000 yuan Mercedes-Benz as her 30-year-old birthday present. However, the new car has not yet opened a 4S shop, and it has been found that there is a problem of oil leakage in the vehicle engine. The 4S shop said that it can't be refunded or changed. Only the engine can be replaced according to the “Three Guarantees Policy”.
With the exposure of the contents of the two sides, the behavior of the private payment financial service fees involved in the sales of this Mercedes-Benz store also surfaced. (Click to view>>Recording exposure of car owners and Mercedes-Benz executives is too exciting!)
15,000 service fees, who is in the pocket?
According to the expression of the female car owner, Xi'an “Lee Star” 4S shop strongly recommended the installment loan. Finally, it promised to use the installment payment. When the loan was paid for the down payment, the relevant person in charge of “Lee Star” suddenly proposed the service fee. 15,000 yuan, she did not know before.
Image source: video screenshot
Finally, the owner paid a service fee of 15,000 yuan through two WeChat transfers.Cash flowInto a private account, and only the receipt does not have a formal invoice.
The owner questioned the service content of the service fee. "The information is provided by itself, the bank runs by itself, and the water runs by itself, but why pay this service fee? What is the service fee service content?" and asked the 4S shop official to give an explanation.
In the financial calculator of Mercedes-Benz's official website, if you purchase the luxury model of the CLS 300 with the same female car owner, the suggested retail price is 691,800 yuan, and the down payment is 30%, which is 207,500 yuan. In the case of 36 months.interest rate4.99%, monthly payment of 14512 yuan, but the Mercedes-Benz official website did not show Mercedes-Benz financial service fees.
On April 14, Mercedes-Benz issued a statement saying: Mercedes-Benz does not charge any financial services fees to dealers and customers. At the same time, dealers are required to be honest and law-abiding in the process of their independent operation to ensure the legitimate rights and interests of consumers.
Mercedes-Benz Auto Finance Co., Ltd. declares that no financial service fees will be charged.
Since Mercedes-Benz has not collected it, what is the service of this financial service fee, and who is in the pocket?
A 4S shop salesperson revealed to reporters that the money flowed into the 4S shop and will not issue an invoice. And some 4S stores will give sales share, which is also the driving force of many sales forces to persuade customers to buy cars.
In fact, the so-called "financial service fee" is not new. In the social media, many netizens said that they have also been charged, and a report in the Beijing Morning Post in January 2018 has many similarities with the incident. .
Mr. Zhao, who requested the installment payment in 4S shop, paid a “financial service fee” of 3,380 yuan. However, due to the quality problems of the vehicle, Mr. Zhao sued the 4S shop to the court. 4S shop argues that the two parties signedcontractThe financial service fee and the card fee have been clearly stipulated, and Mr. Zhao has also been shown the relevant fee notice. Mr. Zhao has already known the fee.
The court held that Mr. Zhao purchased the car by means of installment loans, and he would pay interest to the bank in accordance with the agreement. The 4S shop does not have any legal basis for receiving the financial service fee and should be refunded.
In the event of the Mercedes-Benz owner, according to the description of the owner, the 4S shop did not even inform the “financial service fee” in advance, infringing the owner’s right to know.
Wang Yazhong, a lawyer at Henan Guoyin Law Firm, said that there is no legal basis for 4S stores to receive “financial service fees” and there are many problems. "Regular fees should be entered into the public account and invoiced, and the staff asked the owner to enter a private account. This behavior is also problematic in terms of taxation."
The reporter noted that in the typical case of 2018 annual consumer rights protection issued by the Hefei Municipal Market Supervision Administration during the 3.15 period this year, the 4S shop “viotically charged financial service fees” ranked first in the rights protection list.
A number of legal practitioners told reporters that there are no normative documents for financial service fees, so it will happen that 4S stores do not provide any financial services and consumers are charged. However, according to the "Automobile Sales Management Measures", "Consumer Rights Protection Law" and other legal provisions, consumers can refuse the fee.
In addition to changing the engine, there is no choice?
The person in charge of the "Star of the Stars" 4S shop said in consultation with the female car owner, "Although the leakage of oil in the national three-package regulations can only be changed to the engine, but as emotionally, we can not accept it, and have been actively handling it. There is a process in between, only to blame us for being too slow. On April 9th, we have also negotiated friendlyly."
Xi'an female car owners can only be forced to accept the option of replacing the engine? the answer is negative.
"The initiative of the choice of the Three Guarantees policy lies in the consumers, not in the business." Dr. Pan and Lin of the Applied Economics of the China Institute of Fiscal Science told reporters.
According to the "Regulations on the Responsibility for Repair, Replacement, and Return of Household Car Products": within 60 days from the date of issuing the invoice for the purchase of the car or within 3,000 km of the driving range (whichever comes first), the consumer can choose free of charge for the fuel leak of the family car. Replace household car products or return. “So consumers can choose to replace the engine or replace the whole vehicle, or they can choose to return the goods, but the Mercedes-Benz 4S shop does not have the right to choose a replacement engine that is unfavorable to consumers.”
"There is no problem with the National Three Guarantees Law. Enterprises should not take it out of context and become their excuse." The rights defending female car owners told the media.
If the 4S shop is fraudulent, can it claim three times compensation?
According to media reports, the female car owner’s family said that they have submitted their claims to the local industry and commerce department, and the investigation team said that there will be a survey result in the near future. The female car owner said that during the consultation on April 13, the Mercedes-Benz party offered a refund first, and the follow-up test had problems, and then made a proposal for payment, but she refused. If the test results show that there is a problem before the sale, it should be said according to the law and regulations, "filled by the time, fake one lost three."
Some netizens also believe that the owner can apply for three times compensation. In this regard, Wang Yazhong's lawyers believe that "PDI testing is carried out before each car is sold. If the 4S shop conducts PDI testing but conceals the fault to the consumer for some purpose, there is fraud. According to Article 55 of the Consumer Protection Law, three times compensation is required."
It is worth noting that according to the new "Consumer Protection Law", consumers are found to be jealous within 6 months from the date of accepting goods or services. If a dispute arises, the operator shall bear the burden of proof concerning the defect, and the consumer shall be exempted. Going to the obstacles of proof.
The insiders suggested that the owner actively collect evidence, investigate the history of the vehicle, inquire about the accident and maintenance of the vehicle; verify whether the vehicle PDI inspection is true and the qualification of the inspector; report to the market supervision and management department, request investigation and punishment of the 4S shop; Prosecute and protect its legitimate rights and interests.
Screenshot from "Xi'an released official Weibo.
On April 13, the market supervision department again instructed the “Star of Stars” 4S store to implement the refund refund as soon as possible, and listened to the eight appeals newly filed by the complainant. According to media reports, on the 14th, the real name certification for the female car owner's account issued a letter indicating that there is no any unofficial contact with the Star of Mercedes. However, this article was subsequently deleted.
As of press time, the parties have not yet reached a further settlement.
(Article source: Beijing News)