The court eventually recognized the validity of both parties' contract and upheld the original verdict in the final review. It also pointed out that Xiao Rong had, in fact, enjoyed the related financial services provided by Bank of Beijing, and had benefited from it objectively; therefore, he should reasonably return the corresponding fees to Bank of Beijing.
In response, Xiao Rong claimed to be intellectually disabled, and his uncle applied to the court during the trial for Xiao Rong to be declared a person with limited capacity for action. The Capital Medical University Affiliated Beijing Anding Hospital specifically evaluated Xiao Rong's civil capacity and concluded that Xiao Rong suffered from moderate mental retardation and should be rated as having limited civil capacity. On November 25, 2010, the Xicheng Court ruled that Xiao Rong was a person with limited civil capacity.
The court found that Xiao Rong's mother knew about the fact that Xiao Rong held a credit card and made purchases, and she paid off his credit card debt every month on his behalf. Therefore, the court believed there were reasons to think that Xiao Rong's legal representative (i.e., his mother) had post-facto approved Xiao Rong's actions of applying for and using the credit card, making the contract effective.
In this regard, the bank side argued that Xiao Rong had a stable source of income, meeting the conditions for applying for a credit card, "the level of income does not affect the application process." Moreover, during the application review process, they were unaware that Xiao Rong was a person with limited civil capacity, and they had fulfilled their necessary review obligations.
Xiao Rong, born in 1978 under an alias, is a cleaner at a community service center in Xicheng District. In December 2011, Bank of Beijing sued Xiao Rong in the Xicheng Court. The bank stated that in September 2008, Xiao Rong applied for a credit card, incurred overdue payments after receiving the card, and despite multiple reminders, failed to repay. Hence, they requested the court to order him to repay the credit card balance principal of 14,303.28 yuan, interest of 3,119.03 yuan, late fee of 10,996.57 yuan, etc., as of June 28, 2011.
After the first-instance verdict was announced, Xiao Rong appealed, stating that "his salary account was opened at Bank of Beijing, with only a few hundred yuan monthly wage, and the bank was aware of this. Despite knowing that his income was insufficient to repay and did not meet the card issuance conditions, the bank still issued him a card."
Xiao Rong was rated as having limited civil capacity.
Xiao Rong's mother was aware of her son's credit card consumption.
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According to reports, a cleaner with a monthly income of a few hundred yuan applied for a Bank of Beijing credit card, accumulated nearly 30,000 yuan in various fees including principal, and was subsequently sued in court. Although the cleaner was identified as an intellectually disabled person, the First Intermediate People's Court recently made a final ruling that the credit card application was valid and should be repaid.
The first-instance court recognized Bank of Beijing's claims and ruled that Xiao Rong should repay the nearly 30,000 yuan in fees, as well as interest and late fees until the debt is fully repaid.
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