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1. What are the judicial approaches they are talking about?
It is to ask you to pay arrears and late fees through civil lawsuits. As a rule of thumb, even if you don't pay, the mobile company will never sue you for this fee, not to mention that there are a lot of legal issues with this fee (see below), it's just a mobile company threatening you!
2. I only know that there are telecommunications regulations of the People's Republic of China, but I have never seen a telecommunications management law of the People's Republic of China? The agreement clearly states that it is liquidated damages, but why is the text message they sent a late fee?
There are only regulations. Therefore, the amount and proportion of liquidated damages should first be in accordance with the agreement between the two parties, and if there is no agreement, an appropriate proportion should be determined in accordance with the provisions of the Contract Law. The "Telecommunications Regulations of the People's Republic of China" is an administrative regulation promulgated by the People's Republic of China, and the "Reply of the Supreme People's Court on the Basis of What Standard to Calculate the Late Payment Penalty for the ** Fee" is a judicial interpretation, and the "Contract Law of the People's Republic of China" is a basic law.
Mobile communication service providers often directly implement the levy standard of 5/1,000 late fees in accordance with Article 35 of the Telecommunications Regulations of the People's Republic of China, which clearly violates the provisions of the law. Telecommunications users may also request an appropriate reduction from a court or arbitration institution in accordance with Article 114 of the Contract Law.
4 In this case, after more than 2 years, is there no right of recourse for moving?
As a civil act, the collection of late fees for mobile communication fees is of course subject to the statute of limitations, and its right to claim cannot be extended indefinitely. According to article 135 of the General Principles of the Civil Law, the effective period for litigation to request protection of civil rights from the people's court is two years, unless otherwise provided by law. The law stipulates that the period of limitation for ordinary litigation is two years, and the collection of late fees for mobile ** communication fees should also follow the provisions of this period.
When a mobile communication service provider calls for late payment of fees, if its request exceeds the two-year rule, its substantive rights are of course no longer protected by law.
If you are not required to pay the arrears during the four-year period, the statute of limitations will definitely be exceeded.
5. Why didn't China Mobile remind me in 2005 and 2009 4 years later?
According to Article 119 of the Contract Law, if one of the parties breaches the contract, the other party shall take measures to prevent the expansion of the loss, and if the failure to take appropriate measures causes the loss to increase, it shall not claim compensation for the part of the enlarged loss.
6.Can I not pay this arrears?
I have encountered a similar situation, if you don't pay, he will pull you into the blacklist, which is likely to affect your credibility, cause unnecessary trouble in your future life, after all, you are also at fault, you should go to the number in time, you can discuss with a lawyer, reduce your amount, your principal is 100 yuan, late fees can be negotiated, only pay 20%, that is, about 60 yuan.
Of course, if you don't care, you can leave him alone, and you don't have to move in the future.
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The late fee is calculated by multiplying the amount owed by 3/1000 and multiplying by the number of days, which is the amount that the user needs to pay.
If the arrears are not paid within three months after the arrears, the number will be cancelled by the system, and the user will also be blacklisted.
Including the arrears in the future, it will be listed as personal credit, and the future travel to buy tickets or apply for loans, etc., will be affected as personal credit evaluation.
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It cannot be said that such a large corporate state is his strong backing, the general consumer (ordinary people). There must be nothing to be done, and the law is a state apparatus that serves the superstructure. Turning money (small money) into disaster relief.
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Legal analysis: The daily late fee after the shutdown is 3/1000 of the amount owed. From the first month of arrears, there will be a late fee, a total of 6 months of late fees, after 6 months, this number will be cancelled, but the late fee will be remembered until the user goes to make up the arrears.
Legal basis: Article 719 of the Civil Code of the People's Republic of China If the lessee is in arrears of rent, the sub-lessee may pay the rent and liquidated damages on behalf of the lessee, except where the sublease contract is not legally binding on the lessor.
The rent and liquidated damages paid by the sub-lessee on behalf of the sub-lessee can be offset against the rent that the sub-lessee should pay to the lessee; If the amount of rent payable is exceeded, it may be recovered from the lessee.
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Summary. How is the mobile overdue fee calculated? Hello dear, <>
Algorithm of mobile arrears late fee: If the number is not used, the ** fee will be charged normally, and it will eventually be deducted to the arrears; If the number is down for more than 60 days, the number will be cancelled in arrears, which will cause the ID card to be blacklisted. During the period from the shutdown of arrears to the cancellation of arrears, the ** fee is also charged normally; A late fee of 3/1000 per day will be charged according to the amount of arrears. Dear, <>
I hope mine is helpful to you, thank you, and have a great day. <>
How is the mobile overdue fee calculated?
How is the missing key of the mobile arrears fee and late payment fee calculated? Hello dear, <>
Algorithm of mobile arrears late fee: If the number is not used, the ** fee will be charged normally, and it will eventually be deducted to the arrears; If the number is down for more than 60 days, the number will be cancelled, which will cause the ID card to be blacklisted; During the period from the shutdown of arrears to the cancellation of arrears, the ** fee is also collected and intercepted normally; A late fee of 3/1000 per day will be charged according to the amount of arrears. Dear, <>
I hope mine is helpful to you, thank you, and have a great day. <>
<> do you mean that the money will be deducted every day, until the arrears are deducted, and then the late fee is calculated according to the arrears of the money, right?
If I rent 20 yuan a month, I won't add 20 yuan every month.
Dear, yes Money will be deducted every day, and the algorithm of the late fee for mobile arrears: If the number is not used, the ** fee will be charged normally, and it will eventually be deducted to the arrears; If the number is down for more than 60 days, the number will be cancelled in arrears, which will cause the ID card to be blacklisted. During the period from the shutdown of arrears to the cancellation of arrears, the fees of the first person are also charged normally; According to the amount of arrears, a late fee of the first thousandth of a day will be charged.
**It is also charged normally, that is not the money will be deducted every month.
Monthly rent will be deducted every month, and late fees will be deducted.
Hello dear, no, if the age is enough to deduct the monthly rent, then** is also normal charged, will not deduct the late fee, oh if not cancelled, the number is recovered by the mobile company after three months of arrears and shutdown, and the monthly rent will continue to be deducted in the 3 months of arrears, and there will be a late fee every day. At the same time, the ID number enters the mobile company blacklist, and you can't handle other mobile phone numbers in the future, and when you handle it, you will automatically remind yourself that your ID card number has entered the blacklist, and if you have a mobile phone number in arrears under the number, you need to settle the arrears and late fees to cancel the black Wang Yuan list, and then you can handle a new number.
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There is a cap, and the daily late fee after the shutdown is 3/1000 of the amount owed. Late fees will be charged for delinquent mobile subscribers. There will be a total of 6 months of late fees from the first month in arrears.
After 6 months, the account will be closed, but the late fee will be remembered until the user pays the amount owed.
Late repayment refers to the amount of overdue payment charged by the number of days overdue if the tax is not paid within the tax period or the loan is repaid within the repayment period. It is a measure by the tax authorities or creditors to impose economic sanctions on overdue parties.
Calculation of late fee: The general call fee must be paid before the end of the month after the previous month's call bill is issued at the beginning of the next month, otherwise the production will be suspended in the next month, and an additional 3 per day will be charged according to the arrears. Late fees.
Consequences of arrears: Generally speaking, if you are in arrears for 3 months and do not make up the number, you will be suspended. After the suspension exceeds 3 months, it enters the freeze period and then cancels.
If the contract machine is in breach of the contract during the contract period, the user needs to cancel the service at the business hall and pay liquidated damages. If you don't cancel, you won't be able to handle business in the future. At the same time, there will be a staff member who urges for liquidated damages.
Legal basis
Article 34 of the Telecommunications Regulations.
Telecommunications users shall pay telecommunications fees to telecommunications operators in full and in a timely manner at the agreed time and in the manner agreed; If a telecommunications user fails to pay the telecommunications fee within the time limit, the telecommunications operator shall have the right to demand the payment of the telecommunication fee, and may charge a penalty of 3 per day according to the outstanding fee.
Telecommunications operators may suspend the provision of telecommunications services to telecommunications users who still do not pay telecommunications fees within 30 days of the agreed period for charging fees. Where telecommunications users fail to pay telecommunications fees and liquidated damages within 60 days of the telecommunications operator's suspension of services, the telecommunications operator may terminate the provision of services and may recover the arrears and liquidated damages in accordance with law.
Business operators operating mobile telecommunications services may agree with telecommunications users on the time limits and methods for paying telecommunications fees, and are not subject to the time limits provided for in the preceding paragraph.
Telecommunications operators shall resume suspended telecommunications services within 48 hours after telecommunications users who have delayed payment of telecommunications fees have made up the telecommunications fees and liquidated damages.
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