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Wechat transfer the wrong person and the other party pulls you black. What should I do?

via:人民网     time:2018/7/11 14:02:42     readed:193

Original title: 咋 整 | WeChat transfer sent the wrong person, the other party received the money to pull me black...

Case 1

On May 2nd, Mr. Huang of Guangdong sent a letter to the cousin named “Haikuo Sky” through WeChat. However, Mr. Huang’s hand mistakenly turned the wrong person. This “big sky” is not the “big sky”, and it has turned more than 80,000 yuan in one turn. .

After the money was transferred, Mr. Huang did not pay any attention until the cousin called the next morning and said that he did not receive the money. Mr. Huang carefully identified the WeChat avatar and name, and found that the money was wrong and the other party received it. Mr. Huang was anxious, and the other party did not pick up the voice call through WeChat. It didn't take long for the other party to blacken Mr. Huang.

Case 2

In 2015, Ms. Yan of Chifeng, Inner Mongolia, purchased a string of bracelets from the WeChat circle of friends to the micro-business Li of Putian Xianyou, amounting to 1,100 yuan. However, she accidentally pressed a “0” when transferring money and gave the other party more than 9900 yuan. After discovering that the situation was wrong, Ms. Yan immediately called the micro-business Li, but she could not be connected. It turned out that "friend" Li did not want to return the money.

Case 3

In 2015, Mr. Liu from Weifang, Shandong Province received a WeChat from a good friend. The other party said that it was necessary to pay 3,600 yuan in a hurry and return it that afternoon. Mr. Liu of Yiyi transferred the money to "friends" through WeChat without saying anything. But in the past few days, my friends have never meant to pay back. "Later, I asked him jokingly, only to know that his micro-signal was stolen, and my 3,600 yuan was also drowned." Mr. Liu said.

judge

Wechat transfer is wrong, what should I do if the money cannot be recovered? Wechat official, legal experts, and the police have their own opinions to understand.

WeChat official response

In response to the problem of Mr. Huang’s misdirected account, the official WeChat official responded recently:

After knowing the user's "false transfer" incident, Tencent's customer service team has contacted the user by phone at the first time, and guided the user to the judicial authorities to resolve the dispute through litigation. WeChat payment will actively cooperate with the judicial authorities to investigate and collect evidence, and the proposal is approved by the user. The customer service team continued to follow up until many times today to contact the users to understand the progress of the case. After the judicial authorities intervened, our company will further cooperate with the investigation.

Tencent customer service has repeatedly tried to contact the transfer "receiver", "receiver" has received the call at noon on July 10, the receiving party said that the mobile phone number is its friend, and the friend has contacted the payment party to negotiate The event.

At noon on the 10th, the customer service contacted the payment user again. According to the user, the current payment party has returned some money to the payment user, and the two parties are in further communication and negotiation. At the same time, the payment user checks the “receiver” of Tencent. The situation indicates that it is informed.

Lawyer

Lu Dixin, a lawyer of Guangdong Guangxin Junda Law Firm, said:

Mr. Huang in Case 1 has received a large transfer verification request from the platform in the transfer – a prompt containing the identity information of the other party, and the password or fingerprint payment can be used to continue the transaction.

Based on his own misjudgment, Mr. Huang completed the transfer process with active fingerprint payment. This action violates the common sense that the average person should verify the identity of the other party when transferring money. Therefore, Mr. Huang is at fault.

Lawyer Su Liang of Zhejiang Guangzheng Law Firm answered four questions in such cases:

1. Is it illegal to transfer the wrong account to the other party?

For the payee, this "flying to the wind" is unjustly profitable. According to the provisions of Article 92 of the General Principles of the Civil Law: If there is no legal basis for obtaining improper benefits and causing losses to others, the improper benefits obtained shall be returned to the person who suffered the loss. If it is found that the WeChat transfer is wrong, the victim should contact the other party in time to explain the situation and ask the other party to return it. The other party has the obligation to return.

Communicate with the other party in time, if communication fails, you can sue the other party.

2. I don't know how to sue the other party's identity information.

In the case where the identity of the defendant cannot be clarified, a draft of the complaint can be drafted first, followed by evidence of the infringement. Although it was blackened by the other party, the transfer record is still there. The record is printed out and the court confirms the existence of the transfer fact. If the defendant's information is uncertain, the court will need to open an assistance letter to let WeChat investigate. This is a legal information collection channel. I found the defendant's identity address and later filled it into the complaint. After the court has examined it, it feels that it can meet the conditions for filing the case, and it will be accepted. After the acceptance, it will enter the proceedings.

Be sure to keep a copy of the WeChat transfer history and bank card details as evidence.

3. In which court is the lawsuit?

Generally speaking, the location of the plaintiff is also possible. The prosecution does not mean that the defendant’s household registration is necessary. Profiting through WeChat transfer errors is unjust enrichment. Unjust enrichment is already a legal creditor's debt relationship. This relationship is formed in accordance with the current law and can be prosecuted in the court where the plaintiff is located.

4. Can I ask the Internet company to compensate for the loss?

The victim of WeChat to wrong account is the loss caused by his own fault. Internet companies are not at fault, so they are not entitled to claim compensation from Internet companies.

What can I choose to alarm?

In response to the fact that WeChat turned the wrong account and the other party refused to return, some netizens chose the alarm, but the specific situation needs specific analysis, not the alarm can be solved.

On May 15th, Mr. Huang from Case 1 went to the Lian'an Police Station in Xiaolan Town, Zhongshan City to report the case, but the police refused Huang because of “not knowing the other party's real name and account information, and did not constitute a filing condition”. Sir, and advise him to find the court. Mr. Huang, who turned to the court, still touched the wall. The staff of the Second People's Court of Zhongshan City said that it is necessary to know the true identity of the other party before accepting it.

In April this year, a woman in Suqian City of Jiangsu Province staggered 2,000 yuan. The police found a money collector through a study and negotiated and resolved the return.

In 2016, Mr. Wu from Fujian bought a mobile phone from a friend and transferred 4,000 yuan to a new friend who he did not know. He immediately asked the other party to return the money. However, the other party refused to return, and Mr. Wu gave an alarm. The police replied that the amount of Mr. Wu’s mistake in transferring the account did not meet the filing criteria and could not be filed;

The police of Fujian Yucheng Public Security Bureau said that the amount of the wrong account reached 10,000 yuan, and the police could be turned to the police for investigation and the money was returned through police investigation. In the above case, the amount of Mr. Wu's misdirected account did not reach the filing standard. He could only contact the other party to return. The other party was unjustly profitable and should return the money to Mr. Wu. Mr. Wu can also sue in court and return 4,000 yuan.

method

WeChat messages can be withdrawn, but WeChat transfers do not currently support withdrawal. So it's important to understand the basic steps of WeChat and the key steps of transferring money. In order to reduce the loss caused by hand slip, Xiaobian here introduces some correct operation methods.

Key steps to WeChat transfer

1. Please carefully check the recipient information before transferring to avoid turning the wrong or being deceived. It is a good habit to add a friend to add a note, because some user names are identical and may not be true friends.

2. Before the large amount of money transfer, it is best to confirm whether it is my operation by telephone;

3. WeChat transfer must be carefully confirmed, and if the wrong amount is entered, it may cause unnecessary losses and troubles;

4. Make a note and take a screenshot when transferring money, in case you need it.

* According to the existing mechanism of WeChat payment, during the user transfer process, WeChat payment will display the real name information with mask to the user multiple times, and will also remind the high risk trading scene through the background risk control strategy to guide the user to collect the payment. The real name information is confirmed.

Transfer error solution

1. Once the user finds a similar "transfer error account" event, he can negotiate with the payee to recover, or contact Tencent customer service synchronously. The customer service can try to coordinate the two parties to resolve the dispute;

2. If the negotiation fails, the user can resolve the dispute through legal channels and contact Tencent customer service to cooperate with the judicial authorities to investigate and collect evidence.

* WeChat payment provides 7*24 hours customer service, users can search for Tencent customer service by calling 95017 or on WeChatAppletsFeedback, with professional customer service staff to help solve.

What should I do when I encounter fraud in WeChat?

Open WeChat - Discover - Applet

Search for "Tencent Reporting Acceptance Center"

Click on your own avatar to add relevant information

Helps report the problem

Back to previous page Select "cyber scam"

Complete the relevant information

Helping to find fraudulent funds

Upload transfer and pull black page screenshot

Then wait for the center to process the results

Xiaobian last reminder

WeChat transfer is all money

Good habits are important

I hope everyone can remember!

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