What should I do if the mortgaged car is sold?
In recent years, with the popularity of car mortgage loans, disputes caused by the unauthorized sale of mortgaged vehicles have frequently become a hot topic in society. How to protect your rights if your mortgaged vehicle is sold without consent? This article combines hot topics and cases across the Internet in the past 10 days to sort out solutions for you.
1. Review of recent hot events
| time | event | Involving platforms/institutions |
|---|---|---|
| 2024.03.15 | A certain car owner's vehicle was auctioned at a low price by the loan company because he was 3 days overdue. | XX Auto Finance Company |
| 2024.03.18 | Short video platform exposes the illegal industry chain of "forced sales of mortgaged cars" | A used car trading platform |
| 2024.03.20 | Court ruling: illegally selling cars to compensate car owners for losses of 120,000 yuan | XX City Intermediate People's Court |
2. Legal basis and response steps
According to Article 428 of the Civil Code and relevant provisions of the Guarantee Law:
| situation | Legal terms | Rights protection methods |
|---|---|---|
| Selling car without notice | Article 436 of the Civil Code | It can be claimed that the transaction is invalid |
| Low price malicious auction | Article 71 of the Guarantee Law | Demand compensation for the price difference |
| Forged signature transfer | Article 280 of the Criminal Law | Call the police to pursue criminal liability |
3. Specific rights protection operation procedures
1.Evidence collection phase (1-3 days)
| • Original mortgage contract | • Copy of vehicle registration certificate |
| • Repayment record voucher | • Vehicle GPS location record |
2.Negotiation and mediation stage (3-7 days)
It is recommended to give priority to reporting the situation through the 12378 China Banking and Insurance Regulatory Commission complaint hotline. Statistics show:
| Complaint channels | average processing time | success rate |
|---|---|---|
| Complaints within financial institutions | 5 working days | 42% |
| Complaint to the China Banking and Insurance Regulatory Commission | 3 working days | 68% |
3.Judicial relief stage
If the negotiation fails, you can file a lawsuit in court. The latest jurisprudence in 2024 shows:
| Litigation type | Average review cycle | Winning rate |
|---|---|---|
| Confirm that the contract is invalid | 2-3 months | 71% |
| damages | 3-6 months | 65% |
4. Suggestions on preventive measures
1.Pay attention when signing the contract: Clearly agree on the breach of contract disposal terms, requiring written notification
2.Install dual GPS: In addition to the lender’s equipment, install a concealed positioning device yourself
3.Regular inspection: Check vehicle status through traffic control 12123 APP every month
5. Typical Case References
| Case | Judgment | Amount of compensation |
|---|---|---|
| Shandong Linyi case (2023) | Restore vehicle ownership | +38,000 liquidated damages |
| Guangdong Shenzhen case (2024) | cash compensation | Appraisal price 120% |
If you are encountering a similar situation, it is recommended to take the following actions immediately: ① Save all communication records ② Apply to the vehicle management office to lock the vehicle and transfer it ③ Consult a professional lawyer. Remember: even if there is a late payment, the creditor must dispose of the collateral through legal procedures.
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