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Seems illegal. Campus loans are fraudulent loans.
Charge a variety of fees, bring more and give less.
Usury is illegal, and the case should be stated in response to the lawsuit, and the judgment will be heard in absentia if the summons is received.
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I feel that this is still illegal, because, after all, they are lenders and should fulfill their repayment responsibilities.
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Of course, it is illegal, and you can't stop repaying it just because you have taken out a campus loan, after all, borrowing money is a fact.
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Of course, it is illegal, and the idea that you don't have to pay back when you borrow money is not correct.
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According to Judge Huang Zhige, who handled the case, the court accepted the "campus loan" dispute, and the loan amount in each case was about 7,000 yuan. From the perspective of the loan contract between the two parties, most college students borrowed the "704 Campus Flower" business to buy high-end mobile phones from a financial investment company in Guangxi. When the mobile phone arrived, these college students failed to repay the money for various reasons, so they became defendants.
College students borrowed money from colleges and universities in Guangxi, Jiangxi, Guizhou, Hunan, Hubei and other places.
Since the defendant college student was not in Nanning, after the series of cases was filed, the court sent the response materials by courier to the address left by the college student in the contract between the two parties, and many of the response materials were rejected. The first three defendants were university students from three universities in Jiangxi Province. The court also sent letters to the three colleges and universities where the three college students worked, hoping that the universities would urge the defendants to respond to the lawsuit.
However, three university students did not respond to the lawsuit. So far, not a single university student has responded to this series of cases.
In order to protect the legitimate rights and interests of the accused college students and understand their true state of mind, in early June, the presiding judge and the plaintiff went to two colleges and universities in Guiyang City, Guizhou Province, and found a total of 20 accused college students, hoping that the other party could participate in the symposium to negotiate the repayment of the loan. However, it is regrettable that no college students are willing to participate.
The presiding judge must communicate with the university faculty and inform the defendant college student of the mediation plan issued by the plaintiff through the faculty. According to the plan, if the defendant pays off the principal and litigation costs in a lump sum, the plaintiff waives the litigation claims such as interest, handling fees, and liquidated damages (as agreed in the contract) and agrees to close the case. The judge left his personal ** number at the school, hoping that students willing to settle would contact them.
Just as the judge was about to leave Guiyang, the three defendant college students found the settlement agreement between the judge and the plaintiff and returned the loan in a lump sum. Three college students said they had found a good job and reported to the company as soon as they graduated from college. Parents are worried that they will lose their jobs, so they will give them money and let them deal with it as soon as possible, which is a "must" to repay the money.
To the judge's surprise, the three college students said that after receiving the court summons, a large number of defendant college students set up QQ groups. The students agreed that the state was cracking down on usury and illegal lending, and that this "campus loan" was illegal lending, so they did not need to repay the loan at all. ”I don't know they're hearing these wrong opinions.
If these college students have been reacting negatively to the lawsuit, the trial in absentia will not be good for them", Judge Huang Zhige told reporters that if they still do not repay the money after losing the lawsuit, they will not only pay back the money, but when they are on the "blacklist" of the old lai, it will also leave a stain on their personal credit.
Judge Huang Zhige also said that except for the three college students who "must" repay the money, no college students have taken the initiative to contact the judge. To this end, he once again called on college students to establish a good view of money and materialism, remain rational in the face of high-end and high-end consumption, and use "campus loans" prudently. At the same time, it is necessary to cultivate legal awareness, face up to legal risks, strengthen integrity control, and actively take measures to resolve legal risks, so as not to let impulsive consumption become a stumbling block to the success and development of individuals after entering society.
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I think it's definitely against the law for something like this.
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Legal Analysis: It is not legal to issue a campus loan of usury, but the campus loan contract is a contract signed voluntarily by both parties. As long as it does not violate the mandatory provisions of the law, it is a valid contract.
If the interest agreement is too high, the interest agreement for the excess part shall be invalid. Students need to repay the principal and the legal interest part, and the excess interest part can be repaid. If the campus loan involves criminal acts of fraud and extortion, the contract violates the mandatory provisions of the law and is invalid.
Yes, you don't have to make any repayments.
Legal basis: Criminal Law of the People's Republic of China
Article 266:Where public or private property is defrauded and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.
Article 274:Where public or private property is extorted, the amount is relatively large or there are multiple extortions, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment and a concurrent fine is to be given.
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases》 Article 28 Where the borrower and the borrower have an agreement on the overdue interest rate, the agreement shall prevail, but it shall not exceed four times the interest rate of the one-year loan market at the time of the conclusion of the contract.
Where there is no agreement on the overdue interest rate or the agreement is unclear, the people's court may distinguish between different circumstances to handle it:
1) Where neither the interest rate during the loan period nor the overdue interest rate has been agreed, and the lender claims that the borrower bears the liability for default in overdue repayment with reference to the interest calculated with reference to the interest rate standard of the one-year loan market at that time from the date of overdue repayment, the people's court shall support it;
2) Where the interest rate during the loan period has been agreed upon but the overdue interest rate has not been agreed, and the lender claims that the borrower shall pay the interest during the period of capital occupation in accordance with the interest rate during the loan period from the date of overdue repayment, the people's court shall support it.
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Legal analysis: It is a personal civil act, looking for a debtor. Finding a school is of little use.
If the debtor fails to repay the debt, the creditor can file a lawsuit with the court to compel the debtor to pay off the debt in a legal manner. Under normal circumstances, creditors cannot directly exercise their coercive powers, including the seizure of property. But this is not absolute, and the creditor can seize the debtor's property if the law permits.
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
2) There is a clear defendant;
3) There are specific litigation claims, facts, and reasons;
4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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Legal Analysis: The money from illegal campus loans can not be repaid.
Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases
Article 26: Where the interest rate agreed upon by the borrower and the borrower does not exceed 24% per annum, and the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it. If the interest rate agreed between the borrower and the borrower exceeds 36% per annum, the interest agreement on the excess part shall be invalid. Where the borrower requests the lender to return the interest paid in excess of 36% of the annual interest rate, the people's court shall support it.
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There will be no consequences for the loan money:
1. If there is really no ability to repay, it shall negotiate with the lending institution to extend the period of repayment or repay it in installments.
2. If the lending institution fails to perform the court judgment within the performance period after winning the lawsuit, it will apply to the court for enforcement.
3. When the court accepts the compulsory enforcement, it will check the real estate, vehicles, ** and deposits in the name of the lender in accordance with the law.
4. If the lender has no property in his name and refuses to perform the effective judgment of the court, there will be negative information such as overdue repayment recorded in the individual's credit report and will be restricted from high consumption and entry and exit, and may even be subject to judicial detention.
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1. The borrower needs to bear the liability for breach of contract such as high penalty interest and liquidated damages;
2. Subject to collection by the campus loan platform;
3. If the campus loan is overdue for 90 days, it may also be sued by the platform.
Article 119 of the Civil Procedure Law stipulates that the following conditions must be met for a lawsuit:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
2) There is a clear defendant;
3) There are specific litigation claims, facts, and reasons; Justification.
4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
Article 119 of the Civil Procedure Law provides that a lawsuit must meet the following conditions: (1) the plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; 2) There is a clear defendant; 3) There are specific litigation claims, facts, and reasons; 4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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