22 yuan/kg for the ransom? The owner refuses to pay! The latest plan is a big deal again

On April 16, the Fengbang Logistics cargo detention incident broke out. 56 containers were detained and more than 300 sellers with goods worth hundreds of millions were involved. The incident has been fermenting to this day.

On April 26, the cargo owner received a mediation plan, which required him to advance the cost of 22 yuan/kg to Fengbang. Failure to transfer the money within the deadline would be considered as automatic abandonment of the cargo rights. The industry was shocked. The most aggressive price increase in ocean freight could not even compare to this. The idea of ​​"abandoning cargo rights" was like a depth bomb.

Because the cargo owner disagreed, the plan was not implemented. Yesterday, a new mediation plan was announced, and the fee standard was changed to 17 yuan/kg. The rights protection group was in an uproar again. "Everyone was cursing," said a cargo owner involved.

After mediation, the owner of the goods had to pay a high price of 22 yuan/KG to redeem the goods.

After the incident broke out, one of the cargo owners said: " Fengbang Logistics asked us to redeem the goods for 1.8 times the freight . We have already paid all the freight. Why should we pay him back? "

Regarding the 1.8 times issue, Chen, the person in charge of Fengbang Logistics, said in an interview with the media: "The solution of crowdfunding by the cargo owner himself was not proposed by me", "More than 100 people agreed to crowdfunding. I think crowdfunding is okay, and I will not lose them money. I will write the IOU if necessary, and I will pay it back when I recover."

How this algorithm came about is up to everyone to decide. In short, according to this algorithm, 20 sellers need to pay at least 100,000 yuan in shipping fees, and two of them need to pay more than 700,000 yuan in shipping fees.

Most of the cargo owners could not accept this, and the parties in dispute began to accept mediation. On April 26, a seller in question found the editor and said, "Something big happened at Fengbang," and sent a "'4.15 Fengbang Incident' Mediation Plan." After reading the content carefully, many people in the industry exclaimed, "What a guy!"

The picture is small, so here are the key points of the announcement:

" On April 26, 2021 , the Yiwu Foreign-Related Disputes People's Mediation Committee mediated. The mediation plan is now announced as follows :

After calculation, including the first-leg freight, overseas warehouse fees, demurrage fees, etc., this fee should have been paid by Fengbang Logistics. However, due to the lack of funds, Fengbang Logistics is unable to bear it.

After mediation, the original owner of the goods will advance the fee for Fengbang at RMB 22/ KG (the billing weight is subject to the list provided by Fengbang Logistics). Fengbang will issue a promissory note with the official seal to each owner based on the actual payment amount . Please ask the actual owner to transfer the total amount to the public account of Yiwu International Freight Forwarding and Logistics Association based on the weight of their respective goods .

At the same time, the first-leg freight forwarding company promised the mediation committee that any other expenses incurred overseas in the future will be fully covered by the first-leg freight forwarding company. Please calculate the weight of your goods and the amount to be paid as soon as possible, and transfer the corresponding amount to the public account of Yiwu International Freight Forwarding and Logistics Association within three natural days after the announcement of this plan. If the transfer is overdue, it will be deemed that the right to the goods has been automatically waived. If the overseas expenses continue to be incurred or the goods are destroyed abroad in the future, the consequences will be borne by the actual cargo owners. "

Seeing the solution, the reaction of the rights-defending cargo owners was not surprising.

"It's more expensive than 1.8 times", "I'm crazy, I'll give it to him"

"It's more expensive than 1.8 times, I really can't afford it", "I'm crazy, I'll give it to him, I'll give the customer 110,000 yuan, the customer is so happy that he wants to jump up." Similar voices are heard everywhere. One cargo owner said: "You still talk about coordination, it's getting more and more expensive, from 1.8 times to the current 22 yuan, it's crazy!"

A cargo owner did some calculations. In terms of freight, the cost of a cabinet is 100,000-120,000 yuan. A cabinet can hold 9-12 tons of actual weight goods. The express delivery fee has been paid, so Fengbang does not need to pay the fee. The delivery fee for a cabinet is about 40,000-50,000 yuan, which has also been paid. This means that the total debt should be 3-4 million yuan. If the payment is 22 yuan/kg, and the cabinet is calculated as 12 tons of goods, there are 56 cabinets in total, and the total amount is close to 15 million yuan. Many of our goods are dumped goods (goods with a volume greater than the actual weight), and this number is about 17 million yuan.

The cargo owner has a lot of questions about this plan:

1. How is 22 yuan/KG calculated? Is there a list?

2. " The transfer must be made within three natural days . Failure to do so will be deemed as automatic waiver of the right to the goods . " Where do you get the right to deal with my right to the goods?

3. Fengbang issued a promissory note for the funds advanced. Can a person with bankrupt credit still cash the promissory note?

In addition to this announcement, the seller in question also received an agreement with a sentence at the end that said "neither party may submit the dispute to other institutions for resolution". I don't know what the intention is.

Regarding the seller’s questions, the editor consulted a staff member of Yiwu International Freight Forwarding and Logistics Association, but the final result was not presented.

After seeing this announcement, some industry insiders couldn't help but stand up. Qianhe Cross-border Logistics asked a question that hit the mark, which is quoted here:

“ 1. The registered capital of the logistics company is 10 million yuan. Although it is paid up, from a legal perspective, the losses within 10 million yuan should be borne by the shareholders together. After the incident, did the owner or shareholders of the logistics company, or the shareholders of the company, raise funds? Whether there are really no assets to deal with, and whether the seller can only pay to redeem the goods.

2. The first-leg freight forwarding company issues an IOU with its official seal. In reality, the sellers hold this IOU, which is 80% a piece of waste paper. Even if the seller signs the IOU personally, he or she may not be able to get the money in the end.

3. The first-leg company promised to provide a guarantee, but strictly speaking, its credit is bankrupt among sellers. On what basis can it provide a guarantee? On what logic and circumstances did the Yiwu committee base its belief in this promise? Do they have collateral or does the committee provide the guarantee?

4. The biggest bug is that if the seller does not transfer the money within 3 days, it will be regarded as a waiver of rights. This is almost untenable from a legal point of view. If the seller does not transfer the money within 3 days, does his property rights disappear out of thin air? Does the transportation contract relationship formed between them and Fengbang disappear? Why can't the seller claim his own rights to the goods, but just because he does not transfer the money, he will lose the goods, and in the end, the goods are gone, and he needs to bear the consequences himself? Where is the legal principle?"

The latest mediation plan is released, the fee is changed to 17 yuan/KG

Since the cargo owner disagreed, the "22 yuan" plan was not implemented. Yesterday, a new mediation plan came out:

The purpose of the April 26 solution is to stop losses as soon as possible, calm the Fengbang incident, and curb the continuation of negative impacts. The new solution is as follows:

“ On April 29, 2021, under the mediation of Yiwu International Freight Forwarding and Logistics Association, and in accordance with the instructions of relevant competent authorities to be fair, just and open, after in-depth communication with some representatives of all parties, the following latest plan was reached:

1. The charging standard is RMB 17/KG   (Including all costs of first-leg transportation and back-end services).
2. Publish the relevant estimated fee bills and billing data ;
3. The first-leg freight forwarding company is willing to receive 30% cash discount first , and the remaining amount will be paid by Fengbang Company in the form of an IOU , so as to reduce the burden borne by Fengbang customers :

Estimated total freight payable in advance : ￥7.53 million x 0.7 + ￥3.99 million = ￥9.261 million;
Execute according to 20% abandonment treatment: ￥9261000 divided by (660000 * 0.8 ) = ￥17.00 / KG;

Fourth, after communication between the first-leg freight forwarding company and the back-end service provider, both parties are willing to work together to stop the loss as soon as possible and deliver the goods as soon as possible. "

Will cargo owners buy into this new plan?

A cargo owner revealed that six people had paid the price of 17 yuan last night , but more people disagreed and the situation remained at a stalemate.

"It's not like what people say online that I ran away. I am also a victim."

After the April 15 incident, news such as "the freight forwarder ran away and the low-price cargo solicitation led to a broken capital chain" spread like wildfire in the industry. What is the truth?

Mr. Guo is an Amazon home furnishings seller. In January last year , he began to cooperate with Fengbang Logistics. After hearing the news of the April 15 incident, he flew directly from Shenzhen to Yiwu and sought help from local media. Chen, the head of Fengbang, said in a telephone interview with Yiwu Trade Channel:

"We have a problem and we are willing to take responsibility. It is not like what was reported online that I ran away or something like that. It was not intentional. I am now seeking help to deal with this matter. I want to state that I am also a victim of this incident... This has caused me a lot of losses. I will not evade or shirk responsibility. I will do my best to deal with this matter, even if I have to sell everything I have, I will make good use of the money and goods."

On April 18, Fengbang Logistics issued an announcement explaining the incident of goods being detained at the destination port.

Fengbang stated that the incident occurred because the cooperative agent had difficulty in capital turnover and thus suddenly shortened the account period and stuck the bill of lading. Although Fengbang subsequently remitted funds to the cooperative agent, the cooperative agent did not release the bill of lading in the order of arrival at the ports, resulting in large demurrage fees at foreign ports, and ultimately more than 50 containers of the customer's goods were detained by the freight forwarding company.

The announcement stated that Fengbang is actively negotiating with customers recently, and the company promised not to evade or shirk its responsibilities and to properly resolve the cargo issue. What do cargo owners think of Fengbang's statement?

A cargo owner said: On April 19, under the organization of Beiyuan Sub-district Office, our cargo owner representatives discussed the solution of the problem with Fengbang Logistics and others . Faced with the anxious cargo owners, Chen, the person in charge of Fengbang Logistics, responded by saying, "Send me to jail, I have no money now."

Things have come to this point, and some cargo owners are no longer optimistic about the outcome.

A cargo owner told me one thing: "I went to their company the day before yesterday. There was a girl who came from Guangzhou with a bag. She had more than 200,000 worth of cargo that was stuck. Others have large companies with a lot of cargo, or have small freight forwarders who can compensate, but she is a one-person company." We don't know how many cargo owners like this there are.