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If the credit union owes money and only repays the principal without interest, the creditor can sue according to its breach of contract and demand that it repay the interest that should be repaid.
According to Article 84 of the General Principles of the Civil Law of the People's Republic of China, a debt is a specific relationship of rights and obligations between the parties in accordance with the agreement of the contract or in accordance with the provisions of the law, and the person who enjoys the rights is the creditor and the person who bears the obligations is the debtor. The creditor has the right to require the debtor to perform its obligations in accordance with the contract or in accordance with the provisions of the law.
Article 88 The parties to a contract shall perform all their obligations in accordance with the provisions of the contract. If the quality, term, place or price in the contract is not clear, the content of the relevant terms of the contract cannot be determined, and the parties cannot reach an agreement through negotiation, the following provisions shall apply:
1. If the quality requirements are not clear, they shall be performed in accordance with the national quality standards, and if there are no national quality standards, they shall be performed in accordance with the usual standards.
2. If the performance period is not clear, the debtor may perform its obligations to the creditor at any time, and the creditor may also require the debtor to perform its obligations at any time, but the other party shall be given the necessary time to prepare.
3. If the place of performance is not clear, if the payment currency is made, it shall be performed at the location of the party receiving the payment, and the other subject matter shall be performed at the location of the party performing the obligation.
4. If the price agreement is not clear, it shall be performed in accordance with the provisions of the state; If there is no national provision, it shall be performed with reference to the remuneration standards of the market or the same kind of goods or the same type of labor. If there is no stipulation in the contract on the right to apply for a patent, the party who completes the invention or creation has the right to apply. If there is no agreement in the contract on the right to use scientific and technological achievements, the parties have the right to use them.
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It will be sued by the credit union, only repay the principal, not pay the interest, which is a breach of contract, not only will be sued, but will also leave a bad record in the credit record, which will affect future loans and so on.
After being sued, because the party is in breach of contract on its own initiative, then it will definitely lose the lawsuit and ask for the repayment of principal and interest, so it is recommended not to do this, and it is best to pay off the principal and interest within the specified time in accordance with the regulations of the credit union.
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1. If you breach the contract, the credit union can file a lawsuit against you, and you will definitely lose the lawsuit and have to suffer a lawsuit. Hehe.
2. Poor credit reporting. In the future, no bank in the country can borrow money, apply for credit cards, and other matters related to personal credit.
3. There is a loss in personal morality. This thing is the opinion of the benevolent, and the wise see the wisdom.
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And did not pay off a reason.
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Credit history can be problematic.
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It is not enough to repay the principal without interest. Now that you have a loan, you have to pay off all the money. Because the money from the loan will not have many consequences:
If there is really no ability to repay, you can negotiate with the lending institution to extend the repayment period or repay it in installments; If the lending institution fails to perform the court judgment within the performance period after suing the court and winning the lawsuit, it will apply to the court for enforcement; When the court accepts the enforcement, it will inquire about the real estate, vehicles, ** and deposits in the name of the lender in accordance with the law; If the lender does not have any property in his name that can be enforced and refuses to comply with the effective judgment of the court, then there will be negative information such as overdue repayment on the individual's credit report, and he will be restricted from high consumption and entry and exit, and may even be subject to judicial detention in serious cases.
Credit Unions
Credit cooperatives are divided into rural credit cooperatives and urban credit cooperatives, rural credit cooperatives are aimed at serving the three rural areas (agriculture, rural areas, and rural households), and urban credit cooperatives mainly serve urban natural persons. Rural credit cooperatives are currently gradually annexing urban credit cooperatives. Credit unions provide basic services similar to those of banks, including savings, transfers, loans, and guarantees.
Generally speaking, the interest rate of credit cooperatives is higher than that of commercial banks, and the interest rate on loans is the benchmark interest rate set by the People's Bank of China, and the credit society can raise a certain grade according to the benchmark interest rate, which can rise by up to 120 percent.
Institutional characteristics of rural credit cooperatives
As a banking financial institution, rural credit cooperatives have their own characteristics, which are mainly manifested in the following aspects.
1. It is a cooperative financial organization with the main purpose of mutual assistance, and its business operation is managed and operated by the designated personnel of the members on the basis of democratic elections, and is responsible to the members. Its highest authority is the General Assembly, and the executive body responsible for the management of specific affairs and business operations is the Board of Directors.
2. The main funds are the shares paid by the members of the cooperative, the retained provident fund and the deposits absorbed; Loans are mainly used to meet the financial needs of its members. At first, it mainly issued short-term loans for production and living and consumer loans, but later, with the development of the economy, the lending channels were gradually expanded, and there was no difference between them and the loans of commercial banks.
3. Since the object of the business is the members of the cooperative, the business procedures are relatively simple and flexible. The main tasks of rural credit cooperatives are: to organize and regulate rural areas in accordance with the relevant provisions of state laws and financial policies, to support agricultural production and comprehensive rural development, to support various forms of cooperative economy and the family economy of members, and to restrict and crack down on usury activities.
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Answer: I was typing just now and couldn't reply, do you still know anything else? You can continue to ask questions Hello hello I want to ask the bank if the loan is incapable of paying off, can I repay the principal without paying the interest Answer, yes, I am here, I can only ask questions six times here, friendly reminder, don't waste the times Ask questions to understand the situationThank you.
Answer: In general, no employee has the right to reduce the interest of the bank, but because there are many such cases now, some banks also have such policies, but each bank is different, so it is recommended that you go to the lending bank to find out.
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Is it okay to repay the principal first and then repay the interest?
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No, the bank will automatically deduct your fees, and if you don't pay the interest, then your status is that you don't pay the arrears.
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According to the court judgment to execute, the judgment let you repay as much as you want, the judgment let you repay the principal then repay the principal (generally including principal, interest, liquidated damages, penalty interest, etc.), refusal to perform will be enforced by the court.
Article 313 of the Criminal Law [Crime of Refusing to Enforce a Judgment or Ruling] Where a people's court has the ability to enforce a judgment or ruling but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given.
1. The credit union sues the lender for repayment liability in accordance with the law, and the court makes a judgment after the trial, and the lender needs to fulfill the repayment obligation within the performance period specified in the judgment.
2. The people's court accepts the compulsory enforcement of the parties. Upon receipt of an application for enforcement or transfer of an enforcement document, the enforcement officer shall issue an enforcement notice to the person subject to enforcement, and may immediately take compulsory enforcement measures.
3. If the people's court fails to enforce the application for enforcement for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the next higher level for enforcement.
4. For civil judgments, the state has provided a series of enforcement measures through the Civil Law to strive for the greatest degree of enforcement of the judgments, including requiring the reporting of property, seizing, freezing, transferring, and valuing the property of the person subject to enforcement according to different circumstances, withholding and withdrawing its income, sealing and sealing, seizing, freezing, auctioning, and selling the part of the property that the person subject to enforcement shall perform its obligations, doubling the payment of interest on debts during the period of delayed performance, restricting exit, and recording and passing in the credit reporting system** Publication of information on non-fulfillment of obligations and other measures prescribed by law.
Extended information: Conditions to be met for real estate mortgage loans of rural credit cooperatives:
1. Be at least 18 years old and have full capacity for civil conduct;
2. Have a fixed residence in the service area of the rural credit cooperative, and be able to provide a valid residence certificate;
3. Have the ability to repay the loan on time and in full;
4. No bad credit record;
5. Have the credit qualifications recognized by the rural credit cooperatives;
6. The property rights of the house as collateral are clear, and the real estate certificate and land certificate can be provided;
7. The co-owner of the house agrees to mortgage the house and can issue relevant certificates;
8. Opened a personal bank settlement account in the rural credit cooperative;
9. Other conditions required by the rural credit cooperatives.
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No, and the court will not order you to repay only the principal.
The interest stipulated in the judicial interpretation was 24%-36% before August last year; After that, it was four times as much as the bank LPR.
This is all legal interest backed by law, why should you only repay the principal?
Unless your contract is invalid ab initio, then the return of the loan is not called only the repayment of the principal, and this is very unlikely.
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Generally no, no. Although it is possible to negotiate with the bank to repay only the principal, you should be prepared for both kinds and don't get your hopes up, after all, the regulations of each bank are different, but you can try it according to the points introduced:
1. If the amount owed is not large and the interest generated is not much, there is no need to negotiate, and the bank will not agree to negotiate after negotiation, so don't do this useless work;
2. If the amount of arrears is not large, but the overdue time is relatively long, and the interest generated is more, this situation must be negotiated, you always have to pay off the arrears to eliminate the bad credit record, for example, for example, the amount of your arrears is only about 2000, but overdue for 2 years, even the principal and interest to repay more than 10,000, this is not a small amount.
Extended information: 1. Review risks.
The occurrence of loan risks often begins at the loan review stage, and it can be seen from the disputes that occur in judicial practice that the risks that arise in the loan review stage mainly appear in the following links.
1) The content of the review is omitted, and the bank's loan examiners are omitted, resulting in credit risk. Loan review is a meticulous work, which requires investigators to conduct a systematic investigation and investigation on the qualifications, qualifications, credit, and property status of the loan subject.
2) In practice, some commercial banks do not conduct due diligence.
However, the relevant loan examiners often only pay attention to the identification of documents, but lack due diligence investigation, which makes it difficult to identify fraud in loans and easily cause credit risks.
3) Many erroneous judgments are caused by the bank's failure to listen to expert opinions on the relevant contents, or professional judgments by professionals. In the process of loan review, it is not only necessary to ascertain the facts, but also to make professional judgments on the relevant facts in terms of law and finance. In practice, most of the loan approval process is not very rigorous and in place.
2. The legal content of pre-loan investigation.
1) Review the legal status of the borrower regarding the legal establishment and continued effective existence of the borrower. If it is an enterprise, it should check whether the borrower is established in accordance with the law, whether it has the qualifications and qualifications to engage in relevant business, check the business license and qualification certificate, and pay attention to whether the relevant licenses have undergone annual inspection or relevant verification.
2) Examine the registered capital of the borrower on the credit standing of the borrower.
whether it is compatible with the borrowing; Examine whether there is any obvious evasion of registered capital; past borrowing and repayment; and whether the borrower's product quality, environmental protection, tax payment and other illegal circumstances that may affect the repayment.
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There is an option to apply to the lender for negotiated repayment. After the user submits the negotiation application, the lending institution will review the user, and after the review is approved, the interest may be reduced or the repayment period may be extended, which can help the user repay the interest as soon as possible. If the negotiation fails, the loan interest must be repaid as soon as possible.
Extended information: Interest is the fee for the use of money over a certain period of time, and refers to the remuneration received by the holder of the currency (creditor) from the borrower (debtor) for lending money or money capital. This includes interest on deposits, loans, and interest on various bonds.
in the capitalist system.
The source of interest is the surplus value created by the wage labourers.
The essence of interest is a special form of transformation of surplus value, which is part of the profit.
Money other than the principal received as a result of deposits or loans (as distinct from 'principal').
Interest in the abstract refers to monetary funds.
The amount of value added when it is injected into the real economy and repatriated. Interest is less abstract and generally refers to the remuneration paid by the borrower (debtor) to the lender (creditor) for the use of borrowed money or capital. Also known as sub-gold, the symmetry of the mother gold (principal).
The formula for calculating interest is: interest = principal interest rate.
The term of the deposit (i.e. the time).
Interest is the remuneration received by the owner of the fund for lending the money, which comes from the part of the profit generated by the producer using the money to perform the operating function. It refers to the value-added amount brought by the injection and return of monetary funds to the real economic sector, and its calculation formula is: interest = principal interest rate 100% of the deposit period
Classification of bank interest.
According to the banking.
The difference in nature can be divided into two types: interest receivable by banks and interest payable by banks.
Interest receivable refers to the remuneration that the bank receives from the borrower for lending funds to the borrower; It is the price that the borrower must pay to use the money; It is also a part of the bank's profits.
Interest payable refers to the remuneration paid by the bank to the depositor for absorbing the deposit; It is the price that the bank has to pay to absorb the deposit and is part of the bank's cost.
The amount of interest depends on three factors: the principal, the tenor, and the interest rate.
Level. The formula for calculating interest is: interest = principal interest rate deposit period.
Society is cruel today, especially for those who have just come out of school. For credit cooperatives, finance, electricity and other industries with higher income and treatment, the competition is more fierce, the recruitment of the black box operation, the first relationship departments to greet, collect money and goods, human feelings abound, depending on their own attitude, people sometimes need a little fighting spirit, but sometimes they have to pay attention to some strategic methods, I am born to be useful, people can never hang themselves on a tree, a deception when a life experience.
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