Mr. Yin's "smart" "trap"

I don't know why, at the end of April 2006, the handsome and dashing cousin Mr. Yin would take the initiative to contact me again, saying that he wanted to talk to me about business and cooperation.

I was also thinking that in 2000, he was fired from the company, and after the hotel business failed and "escaped" to Shanghai, I chased him to Shanghai in 2003 and unceremoniously asked him for the 8,050 yuan that I borrowed from my small side and squandered it for him, and I asked for it back in full. Anyway, according to his classmates, he owes a lot of money outside, it's none of my business, and I won't stick my tongue out, but if you think about it, it's conceivable: he has always been a KTV, and high-end restaurants buy such and such gifts for the women around him. Since he was fired from the company and failed to run the hotel, the only thing that has remained unchanged during this period is that the women around him have been constantly changing, and after I jumped to the Kunshan branch of Suzhou Dayun, I felt that he was really not a person from the same way, and there was no further contact, and even our wedding did not call him to come over...... Now he suddenly said that he wants to talk to me about cooperation, and I will see what kind of medicine he sells in his gourd!

"Xiao Zhao, I talked about the export route of Juding Jiantai Electronics to the United States, there are 50 containers a month, but the operational strength and ability of my branch can not keep up, I want your company to help me operate all the export business, I will pay you USD50 US dollars per cabinet operating costs, you see you can?"

It turned out that he went to a company called Shanghai Huantianyu Logistics Co., Ltd. Taicang Branch as the general manager, and later under his recommendation, he also met Mr. Zhou Junping, the general manager of his Shanghai company, who was later arrested for involving intellectual property cases.

"Yes, but what about the money on the supplier's side, how long is the period for your customer to pay me, and how long does it take for me to pay the supplier?" I asked this key core question cautiously and vigilantly.

"To the shipping company or cargo (ship) agent to order the ship directly by you, you directly put your cost plus USD50 per cabinet of operating profit to me, Juding Jiantai Electronics payment to our branch time is 45 days, do you see how we settle?", he said to me with a serious and serious face.

I thought that I had taken refuge in him back then, and that it was a relative, although there were countless rumors about his debts everywhere, but my vigilance against him could be said to be relatively low. Maybe it's because of this day that he has read countless people, and he has long understood my behavior, so he is carefully setting a trap for me.

"Then you will pay me after you receive the money, and the container will be paid within 60 days from the start of the ship, right? But this is a cooperation between the company, and we still have to sign a relevant cooperation agreement between relatives", I still cautiously put forward my requirements and bottom line.

"Yes, no problem! I have all the official seals, if you can, sign it directly, and then we will operate it soon!", he was also refreshed, and the radish head was taken out. When the ready-made agreement was signed soon, I felt that something seemed to be a little wrong in my heart, thinking of so many rumors about him, for the sake of insurance, I deliberately drafted a payment guarantee, let him seal it and sign his name, and although there are only a few lines on it, this payment guarantee is an annex to the agreement between the two parties, and it is written very clearly that the liability for breach of contract: if the other party fails to pay the freight within the time limit, it will bear all the losses and consequences caused by the deduction, and will voluntarily bear the liquidated damages of three thousandths of a day from the date of default, voluntarily and until all are paid in full。 In fact, I know that the court may not support this kind of excessive penalty interest, so I deliberately wrote "voluntarily and until ......"

He thought that I was still the rookie era five years ago, and when he saw that I still had this hand, he was very unhappy, and even moved out of various reasons and various past events to refuse, and also played the family affection card with me, in a vain attempt to let me cancel the annex to the agreement of the payment guarantee.

When I handed over the business including the complicated relationship inside, as well as the original documents of the signed agreement and the payment guarantee to General Manager Lu of my Shanghai company, he said: Since it is your relative, the profit is okay, why don't you do it first.

In 2006, the end of the May Day holiday, it officially began to cooperate with him in cooperation with Kunshan Juding Jiantai Electronics export to the United States container shipping business, the business volume is indeed as he said, almost every week there will be about 10 cabinets exported, he often runs to our company to ask the customer's export declaration form and verification form to take away, which is the necessary documents for the customer's export tax rebate; At the beginning, I was quite cooperative with his request, anyway, as long as we still have the new documents from this customer in my hands, I am not afraid that you will not pay us. In this way, I have always asked my assistant to at least keep to ensure that we have at least 2-3 export refunds for Juding Jiantai Electronics, and the rest can be given to them first, no problem. And he seems to come every week to get the refund of Juding Jiantai Electronics, even the kind he is eager to ask for as soon as we get it.

Scammers always seem to use various reasons and excuses to deceive the deceived person, and the usual method is to give you a small profit to lure you into being fooled, or usually, you want his interest and he wants your principal. Just two months passed quickly, to the deadline for their company's payment, the first payment at the beginning of July was also able to pay on time and on time, just when I thought the business was okay, the next two months did not receive any of our advance freight, because busy with the development of other customers did not take into account this matter, until the amount of arrears is getting bigger and bigger, more and more powerful, until the end of August in Shanghai Mr. Lu called to remind me:" Your cousin's company has not paid for two consecutive months, and it has been in arrears of nearly 200,000 yuan in seven or eighty-two months.

The boss on the other end of the phone reminded me of the anxious reminder, which suddenly made me feel the seriousness of the problem, and then I called to ask the suave Mr. Yin: "When are you ready to pay, otherwise we will deduct the bill and deduct the goods", and he swore on the phone: "Give me half a month There must be no problem, the list is still cooperating, there is no problem, we are relatives What are you afraid of?!"

Perhaps thinking of my gratitude to him at the beginning of my stay in Kunshan, I agreed to his request for half a month, and reported this matter to Boss Lu; In fact, I am also a very risk-conscious person, so I immediately asked my assistant to stop issuing all refund orders to his guests until I agreed to them and until they paid. Sure enough, he couldn't get the refund and ran to my office to ask the reason, and I spread out the payment guarantee letter that had already prepared the specific figures and voluntary punitive measures in front of him: "The company stipulates that you must sign this guarantee letter before you can release the bill to you."

He was extremely reluctant, all kinds of quibbles to you, and I scolded him unceremoniously: "It is your company that violates the agreement and violates the responsibility of payment, which is the cooperation between the company and the company, not between you and me. ”。 He had no choice but to look angry, and reluctantly took out the official seal of the branch office that he had carried in his purse and stamped it on it, and I immediately asked him to sign his name under the payment guarantee! After this was done, I asked the assistant to give him a part of the customer documents that should be returned.

At this time, both the Shanghai company and our Kunshan side have been closely concerned about all the dynamics of this "guest", and his customer's shipments seem to have begun to decline and decline, and the frequency of his requests for refunds is getting faster and faster; half a month has passed quickly, but the money has still not arrived, and he immediately called him again to question, and he immediately said on the phone that he will pay it tomorrow.

The next day, he really took a bank telex release bill to our company to ask for a refund of all the customer's exports. We were relieved to see the original bank slip, so we gave him the refund slip that was already in our hands...... However, a week later, the problem appeared, our Shanghai company financial manager said that he did not receive a penny of freight payment on his bank bill, when I received this notice, I immediately realized that something was wrong, as if I had just woken up from a dream, I immediately drove more than 20 kilometers to its branch in Taicang to investigate the situation.

That day, he was in his branch, and happened to be blocked by me in the company, and he asked his finance to turn out the original bank slip to show me, and said vigorously: "Oh, look, is this the original bank bill, and the account number is not wrong, this is a matter between banks, and it has nothing to do with us!"

"In that case, then you take this bank slip with me to your bank and ask them what is going on, so it's okay?!", I'm not a three-year-old child so easy to coax, I stared at him reluctantly, thinking carefully about asking him for a small loan back then, without giving him a chance to breathe, "If it's not your problem, you should at least accompany me to your bank to confront it, otherwise it's your problem!"

"Okay, let's go", he showed a very reluctant and forced expression on his face, looking at me in front of me, who was both a "relative" and a "disciple grandson & rookie". Then I took his finance manager, jumped into his rented Audi A8 car to support the scene, and went straight to his bank, while I followed his finance manager to the counter.

"I'm sorry, excuse me, may I ask why we haven't received the remittance for a long time with this bank remittance slip, what the hell is going on?!", his financial manager and Mr. Yin stood on the side without saying a word, and I couldn't wait to hand over the original copy of their bank slip to consult the staff of their bank.

The staff took the water bill I handed in through the window, carefully reviewed it and frowned thoughtfully, and then replied to me as if it had suddenly dawned on me: " The money on the company's account will not stay overnight, the day of entry on the day of the transfer, the payment slip to our bank to complete the payment telecommunication procedures to take away the remittance bill, out of the bank door and immediately call our bank, in the past to the account is not clear for the reason that we are required to freeze the payment, but has not returned to us has been knocked on the bank bill, this bill we have to take back, otherwise our bank will be responsible", the bank lobby manager directly confiscated the bill.

I immediately understood what was going on, and immediately I had a showdown with him in the bank:" I tell you responsibly, this matter is no longer in my charge now, directly handled by my boss Shanghai Lu, the company as early as September 1 when asked to detain your American goods, I have been carrying the burden for you, but you have been using my trust in you to trick me to deceive me, today is September 22, 2006, to the National Day before the week before you pay all the money, I can also find a way to persuade my boss not to pursue any breach of contract liability for you, after the National Day, I really can't do anything. The company has informed me that your guest Juding Jiantai Electronics has just recently embarked on a ticket of four containers to Los Angeles, USA, and we have changed the telex bill of lading to the original bill of lading to detain the goods, and if you do not pay all the freight and late fees voluntarily borne before the goods arrive at the port of destination, you will see all the losses yourself".

This is actually the bottom line that I tried my best to win with Brother Lu in Shanghai. Because the bill of lading is the ownership certificate of the goods, if the original bill of lading is issued, the port of destination must receive the original bill of lading sent from the port of departure before the procedures for picking up the goods, otherwise the consignee at the port of destination will never receive the goods, this is what we call the detention of goods, on the contrary, the bill of lading is not so strict, as long as the shipping company stamps the fax or copy of the bill of lading with the special seal of the telex release can handle the procedures for picking up the goods at the port of destination.

When I had such a sincere showdown, he just replied without expression: "Oh, got it!", but in fact, by the end of September, he still did not receive any payment from them, until the four containers arrived at the American port during the National Day, the American consignee not only could not pick up the goods but also had to bear a fine of four hundred dollars a day, the customer was extremely annoyed and angry to find him, he realized the seriousness of the problem, but I have already made it clear to you that I can't help it!

Sure enough, the day after going to work on the National Day, I received a call from Mr. Yin's Shanghai boss Zhou Junping: "Xiao Zhao, why did you sue our company to the maritime court and freeze our account, what is the situation, what is the matter?"

"I am not qualified to sue you in the court, this is handled by the boss of my Shanghai company, you can ask your general manager of Taicang Branch, Mr. Yin, he knows all the ins and outs of it, and the things I should remind him have already been done. After I told the truth, the first thing that Mr. Lu did after the festival was to ask the lawyer to freeze the basic bank account and settlement account of his Shanghai head office and protect his property, and the other company's money could only come in, not out, and even the wages of his subordinate employees could not be paid, so Mr. Yin's boss called me in a hurry.

"Then can you talk to your boss, beg for mercy, don't charge so much liquidated damages, our lawyer read the letter with the word voluntary, and said that it was a headache, in fact, I am also a victim, I don't know it!", he begged on the phone, I don't know you at all General Manager Lu.

"Mr. Zhou, I can't say anything about this matter, I can only say give it a try, okay? I can't do anything about it, the window to solve the problem has been dragged by your Mr. Yin. ”,

"Okay, okay, if you have any news, you can reply to me immediately, you can tell your boss, don't go to court, we can negotiate and deal with it before the trial!"

Of course, we promise other people's things, no matter what, we still have to work hard, I conveyed the other party's opinions and meanings to the boss Brother Lu, and Mr. Lu immediately said: "In this case, let them bear the lawyer's fees, litigation fees and other expenses, these expenses anyway, they lose the lawsuit, and they will bear them, and the liquidated damages agree with your opinion from three thousandths per day to one thousandth." ”。 The whole thing was solved without a hitch!

In fact, he took it for granted that I had been in the industry for a long time, and wanted to use a sum of money from my side to squander, and then disappear and dump the pot to his Shanghai head office. How can a person not be stabbed when he is floating in the rivers and lakes? It's a pity that he miscalculated, and the knife stabbed him fiercely in his own thigh.

Don't always think that you are smarter than others, when you use a rope to put around someone's neck, in fact, you don't realize that the other end of the rope is your own head;