The perfect “crime” to write about today is not fiction, but a real event that happened to me.
X is a native of Hubei. He has opened a decoration company in Fujian for ten years, called “Xiamen Dongzhidian Decoration Engineering Co., Ltd.”, which was revoked on November 9, 2017. Since then, he and his partners have opened decoration companies in various places in Chongqing, often changing places with one shot. For example, there is “Chongqing Diancheng Decoration Engineering Co., Ltd.” which was cancelled on April 8, 2019, January 17, 2022. The “Chongqing Fuling District Lingcheng Exchange Space Decoration Engineering Co., Ltd.”, which was canceled on 11th, and the “Fengdu County Exchange Space Decoration Design Service Department” which existed in name until now.
The Fengdu County Exchange Space Decoration Design Service Department was established in January last year. It also used the name of the CCTV program “Exchange Space”. Like most companies in the country called “Exchange Space Decoration”, they cheated in the promotion. Consumers say that they are endorsed by CCTV, or are guaranteed by other chain stores.
In this way, with his years of experience in running a decoration company and the blindness of the people in the small county to the CCTV brand, his company quickly received a large number of orders, and also established cooperative relations with many material suppliers in the city.
At first, the decoration was done well. They renovated some houses as model houses and invited the owners who came to know them to watch. In the brightly lit interior, designers who double as business continue to imbue users with their craftsmanship, showing off their highly professional side. To sum it up is nothing more than:
1. Endorsed by CCTV, nationwide chain, worry-free after-sales;
2. It has its own workers, and the craftsmanship and quality are guaranteed;
3. In-depth cooperation with material suppliers, the price is more affordable than other decoration companies.
I signed a decoration contract with the company in July last year, and agreed that the completion date is 120 working days. Although the time is longer than the 90 days promised by most local decoration companies, the price is relatively favorable, the salesmen are very sincere, and the designers are very professional. My father and I chose this company without too much hesitation.
In September last year, my decoration has been completed with floor tiles, and the master carpenter has made a large cabinet on site. The project manager told me that in the next two months, the decoration will enter a vacuum period, because the indoor set door has not arrived and cannot be used as a wall. Out of trust, I don’t have too much urging and doubt. At the same time, what the locals hardly know is that X has been restricted from high consumption by the People’s Court of Jimei District, Xiamen ( the enforcement public information is here ).
But for several months at the end of last year, the company was still signing contracts with customers as usual, and then carrying out symbolic construction. In mid-December last year, as the contract deadline was approaching, I urged the construction, but the company only did the wall twice. When I went to the company to find the person in charge, I realized that the person in charge was unable to maintain the normal operation of the company, although they were still signing contracts with customers as usual.
What happened after that was too complicated. X has written a lot of promises or IOUs, and sitting on the sofa smoking and depressed makes people believe that he is in trouble. The matter dragged on until after the Chinese New Year, and more and more owners, workers, and material suppliers poured into the company, but the matter was not well resolved. People think of the words “it is difficult to find the police”. The police station in the jurisdiction determines that this is not a fraud, nor is it a financial crime. At most, it is a contract dispute. Let us go to the court to sue. Later, he went to the local consumer rights protection association. Under their negotiation, X just signed an IOU and wrote a long repayment date.
Later, X disappeared, and the company’s sign was removed and replaced with another facade. More and more people began to panic, even if they were holding the IOU signed by X at the time, because at this time they realized it later – no one can guarantee that X will pay back the money on time. So some people advocate going to the court to sue, and the local court has also accepted some related cases.
In April, when I learned that there was a court hearing, I went to sit in. Defendant X did not appear, nor did the plaintiff, but the plaintiff’s attorney came. Apart from our few onlookers, only the judge, the clerk and the plaintiff’s attorney participated in the trial. The trial procedure was very simple, probably because the defendant did not show up, the plaintiff’s claim was no different from the complaint, and the judge did not pronounce the verdict in court. The next case started in just 20 minutes. A worker sued X for arrears of wages. The trial for the case was even shorter, at just eight minutes.
After the audit, another deceived owner and I agreed that there was little hope of recovering my losses, but I still filed my complaint and evidence online. After a week of waiting, the court informed me that they had accepted the case, and after paying the fee twice, waiting for the hearing notice.
Yesterday, the local court called and asked me to submit a copy of the contract. While rushing off, the court staff reminded me: “I don’t know if you paid attention to this place – you should understand what it means.” I looked at the place where he pointed:
Sure enough, the court called today and asked me to make a copy of my ID and bank card to submit to the court, and they refunded the court fees—yes, the case was dismissed.
Sort out the ideas of X’s perfect “criminal”:
1. Open a decoration company with the type of “individual industrial and commercial households”, which can avoid the involvement of shareholders;
2. It is agreed in the decoration contract that the method of dealing with disputes shall be arbitration without enforceability;
3. Invest a small amount of money and owe a large amount of material on credit after gaining the trust of the material supplier, but still charge customer fees according to the contract;
4. The business income does not pass through the account under its own name and is managed by other partners. In this way, even if the court enforces it, there is no property under its name that can be executed.
Here’s a rundown of the responses:
1. Public security organs. The response of the public security organ is as mentioned above, and it is determined that the incident is not a fraud, nor is it an economic crime, even if the amount involved may be as high as millions of yuan, even if the company still signed a decoration contract with the customer even if it knew that it could not continue to operate, The worst customer paid 280,000 yuan, but the decoration was only one step until the wiring trough was laid. The police told us that after checking the company’s running water, in a word, he lost money in business, and there was no other comment.
2. People’s Court. Except for some cases where X was asked to write an IOU and terminate the contract under the mediation of the Consumer Rights Protection Association, the local court believed that the contract contained a dispute resolution agreement, so it was not within the jurisdiction of the court, so the appeal was dismissed.
On the way home yesterday, my roommate and I talked about X’s perfect “crime” and the roommate didn’t agree with me. But the fact is that X collects money from customers, owes money to material suppliers, and owes wages to workers, and he gets a lot of benefits. However, the public security organs did not investigate, and the court may not be able to enforce it. Maybe he is still preparing to “make a comeback” somewhere.
This is the first time I have felt that our laws do not necessarily guarantee our rights.
Similar incidents: “Vibrant Assistant” home improvement company “playing the road” Is it a long way for customers to “protect their rights”?
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