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Recently, Ms. Wang from Tianjin reported to the Consumer report that she bought a car at Hyundai's official 4S store in Beijing, but failed to pick up the car for many days, and the 4S store gave the reason that it did not receive the car payment paid by Ms. Wang. The related money was "embezzled" by the sales staff. At present, the 4S store did not provide Ms. Wang with the results of the investigation into the incident, nor did it refund or complete the car purchase process, compensation or apology. To this end, Ms. Wang also posted a complaint on a complaint platform.

According to Ms. Wang's description, Ms. Wang and her lover went to Beijing Hyundai Ruizhi 4S store to buy Beijing Hyundai ix35 on Sept. 19 this year, with a total purchase amount of 130145 yuan. At that time, it was just in the evening. After the car inspection and signing the car purchase contract, the sales staff took Ms. Wang to another place to pay money on the grounds that the financial staff had finished work. More than 130000 car money was credited to the personal account of a sales manager surnamed Liu.

According to Ms. Wang, the sales manager surnamed Liu provided a bank account to Ms. Wang's lover in the office and asked Ms. Wang's lover to first transfer the car purchase money to the private account of the sales manager surnamed Liu. After completing other car purchase processes, the car can be picked up, because at that time, the sales manager surnamed Liu wore work clothes and had a work card on his chest, and finally transferred the car purchase money to the personal account of the sales manager.

According to the transfer records, Ms. Wang transferred a total of 130145 yuan to an account of Minsheng Bank through Alipay. Ms. Wang said that after the transfer was completed, the salesperson did not provide the car purchase contract documents, receipts, invoices and other information. "they just asked me to go back and wait for the car to be picked up."

However, after waiting for more than two months, Ms. Wang still failed to get the car she bought. During this period, Ms. Wang repeatedly asked the 4S store about the specific time of picking up the car, but did not get a clear answer, and later realized that there might be a problem.

After waiting for several days, 4S store staff told Ms. Wang that the store did not receive Ms. Wang's car purchase payment, the related money was embezzled by Liu, and 4S store has reported to the police to deal with it. Ms. Wang said that now the store said that it had not received the money for the car, and that the money had been "embezzled" by the sales manager surnamed Liu. Unless Liu returned the money to the 4S store, Ms. Wang could not carry the car and could not get the money back.

At present, Ms. Wang is unable to get a continuous relationship with Liu. The store told Ms. Wang that Liu had left his job, had been fired from the 4S store before and after the National Day, and that the payment now went nowhere.

Ms. Wang believes that she buys a car in Ruizhi 4S store all the time, and the 4S store should be responsible for handling complaints from car owners, rather than stopping the car purchase process because of the misappropriation of assets by the staff. "from the occurrence of the problem to the present, the 4S store has never released the results of the investigation, nor has it provided measures such as a refund, the completion of the car purchase process, compensation and apology. It seems that this matter has nothing to do with their store, but Liu's personal behavior. I think Tianjin Ruizhi 4S store is shirking responsibility and dealing with it passively."

On the day of the incident, the 4S store reported to the police that Liu had occupied the position of sales manager Liu. Liu was investigated at the police station that night and cobbled together 60,000 yuan to transfer to the 4S store as part of the car model. Shi, general manager of the 4S store, refused to admit that the store had received 60,000 yuan from Liu and claimed that he would never give me a car until he saw the money. Later, Ms. Wang complained about the problem to Hyundai headquarters in Beijing, and Shi telephoned and threatened to withdraw the complaint because the complaint caused them to pay a fine, otherwise they would not solve the matter for me. At present, there have been many complaints, but still have not got a good solution.

The legal source pointed out: "according to the relevant laws and regulations, in this case, if the sales manager of the 4S store has the authority or post responsibility to collect the money on his behalf, and the consumer has not been clearly informed of the method and channel of payment, and the consumer has reason to believe that the car purchase money can be handed over to the sales manager, then the behavior of collecting the car money from the sales manager's personal account may be regarded as an act of duty, and the 4S store should perform the contract. Deliver the vehicle to the consumer. Otherwise, the 4S store will not be responsible, and consumers can only claim compensation from the sales manager involved. "

As for the behavior of the sales manager Liu, the legal personage pointed out: "if the salesperson has the purpose of swindling customers to buy cars beforehand, and after the customer transfers the money to the personal account of the sales manager, and then uses the money privately, he may be suspected of fraud." If there is no intention of fraud in advance, misappropriate funds after purchasing car money on behalf of the agent, the amount exceeds 100000 yuan and has not been repaid for three months, or although the return time is not more than three months, however, if the amount exceeds 100000 yuan, engages in profit-making activities or engages in illegal activities, he may be suspected of embezzlement. " To this end, Ms. Wang can protect her legitimate rights and interests by calling the police, reporting to the market supervision department, or bringing a lawsuit directly to the people's court.

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