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The online loan platform has been taken off the shelves, can the money not have to be repaid?
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Online loans cannot be repaid, and if they do not affect the credit investigation, they may be sued. The main aspects are as follows:
1. It will be difficult to borrow from the blacklist of the same industry;
2. The overdue penalty interest fee is very high;
3. Encounter a variety of ways to collect;
4. It is difficult to apply for loans in the later stage.
What should I do if I can't repay the online loan?
The processing of the online loan is not repaid:
1. You can negotiate with the lending platform to postpone repayment or repay in installments;
2. The debtor can actively look for a suitable job and strive to repay the online loan as soon as possible.
Legal basis: Article 676 of the Civil Code of the People's Republic of China If the borrower fails to return the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or relevant national regulations.
Article 677.
If the borrower returns the loan in advance, the interest shall be calculated according to the actual period of the loan, unless otherwise agreed by the parties.
Article 680.
It is forbidden to lend at usurious interest rates, and the interest rate of the loan must not violate the relevant state regulations.
If there is no agreement on the payment of interest in the loan contract, it shall be deemed to have no interest.
If the loan contract is not clear about the payment of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined in accordance with factors such as the local area or the parties' transaction methods, trading habits, and market interest rates; Where natural persons borrow money between themselves, it is deemed that there is no interest.
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Online loans cannot be repaid. Online lending is also a private loan, according to the relevant regulations, the borrower needs to repay the principal and pay the interest on the loan on time in accordance with the contract signed at that time, and if the borrower maliciously defaults on the loan, in addition to paying the overdue interest, the borrower may also have to bear the corresponding legal responsibility.
1. Can I not repay the online loan?
1. Online loans cannot be repaid. Online lending is also a private loan, according to the relevant regulations, the borrower needs to repay the principal and pay the interest on the loan on time in accordance with the contract signed at that time, and if the borrower maliciously defaults on the loan, in addition to paying the overdue interest, the borrower may also have to bear the corresponding legal responsibility.
2. Legal basis: Article 671 of the Civil Code of the People's Republic of China.
If the lender fails to provide the loan on the agreed date and amount, causing losses to the borrower, it shall compensate for the losses.
If the borrower fails to collect the loan on the agreed date and amount, it shall pay interest on the agreed date and amount.
2. What are the main consequences of non-repayment of online loans?
1. High penalty interest and liquidated damages, high penalty interest means that the lender fails to repay the specified amount of the loan on time within the specified time limit to calculate the relevant high overdue penalty interest, if the debtor extends the overdue time, the higher the specified interest will be, and the lender will be required to pay the corresponding liquidated damages if the loan is not repaid;
2. Credit damage, if the loan is not repaid, it will also affect its credit;
3. Being harassed by various means; If the loan is not repaid, it may also be harassed by the online loan company, and 24 hours a day to the lender or the lender's relatives to send text messages and call ** collection;
4. If the debtor resolutely refuses to perform the repayment obligation, he will be a liar, resulting in a very bad situation, and the court will investigate the criminal responsibility of the debtor.
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If the borrower does not repay the loan, there may be the following consequences:
1. Affect credit. Most of the online loans are now going to the central bank.
Credit investigation or Baixing credit investigation, generally the borrower's loan is overdue, and there will be a bad record in the credit information system, which will affect personal credit.
2. Generate high penalty interest. There will be penalty interest and liquidated damages when the loan is overdue.
and other fees, penalty interest will generally be compounded on a monthly basis.
3. Collected. After the borrower's online loan is overdue, the loan platform will call you, your contacts, and your parents to collect it, and in serious cases, it will sue the court and collect it through law.
Extended Materials. 1. Centralized rectification of online loans.
Since June 2018, P2P online lending platforms have experienced frequent risks, seriously infringing on the legitimate rights and interests of the masses and disrupting the order of the market economy. Public security.
Attach great importance to this, and immediately deploy public security organs in all localities under the unified leadership of the party committee and **, in close cooperation with relevant regulatory departments, to carry out investigation and handling of cases in accordance with the law, go all out to recover stolen goods and fugitives, and make every effort to safeguard the legitimate rights and interests of the masses and the order of the market economy. So far, the public security organs have punished more than 380 suspected illegal fundraisers in accordance with the law.
According to incomplete statistics, the value of the assets involved in the case was sealed, seized and frozen at about 10 billion yuan.
By the end of 2018, there were 8,133 microfinance companies in the country, and the supervision of informal online lending platforms is being tightened. At the beginning of this year, the central bank and the China Banking and Insurance Regulatory Commission.
The "Opinions on Doing a Good Job in the Categorical Disposal and Risk Prevention of Online Lending Institutions" was jointly issued, requiring that "all that can be withdrawn should be closed", and for institutions that are unwilling to take the initiative to withdraw, they will pass compliance inspections and strictly investigate their violations of laws and regulations.
2. Attributes of online loans.
Online loans are bond investments, with clear returns, and the lender of funds obtains interest income; The public often confuses it with equity crowdfunding, which is an equity investment with flexible returns, and investors can obtain future income by investing in the company, such as Jingbei Crowdfunding and 36Kr.
and so on belong to the Congpai Chong equity crowdfunding platform. Whether it is bond investment or equity investment, there are certain risks, investors should fully understand the risks, have a full sense of envy and mental preparation at their own risk, and judge and bear the risks of the project under this premise.
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Whether the penalty interest incurred after the loan applied for on the loan platform is overdue can not be repaid may be analyzed on a case-by-case basis.
If it is a penalty interest charged within a reasonable range, it is generally impossible not to repay, the loan platform generally does not provide interest-free Tong quietly hanging account service, you need to pay off the principal and interest of the arrears, even if you can't pay off the arrears for a while, at most you can extend the repayment period and repay the arrears in installments.
If the overdue penalty interest charged by the platform is too high (the Supreme People's Court stipulates that the maximum annualized interest rate of the loan shall not exceed 4 times of the floating interest rate LPR), you can choose not to repay it, and you can also collect relevant evidence to report the loan platform to the local CBRC or the Internet Finance Association to protect your legitimate rights and interests. If the platform also charges various unreasonable fees such as security deposits, membership fees, unfreezing fees, etc., it can also be reported.
If the penalty interest accumulated after the loan is overdue is higher than the principal, it should be noted that the penalty interest rate charged by the lending institution platform is likely to be non-compliant, and such a high interest may have reached the standard of usury. For expenses beyond a reasonable range, it is possible not to repay.
If the lending institution's platform has been continuously dunning, it can collect relevant evidence and report it to the local CBRC or the Internet Finance Association of China. For expenses that have already been paid beyond a reasonable range, they can also request the other party to return them, and the people's court should support the bureau's letter slag.
Big data of online lending can reflect the real situation of online lending. If you have too many loans, it is recommended to check your credit data. Find:
Shell tip quick check, can generate big data reports. Although there is a difference between the two, in order to avoid the situation that individuals are unable to repay bad debts, bank loans will also pay attention to the big data credit situation, and bad credit will affect the rights of many aspects.
Extended Information: Is Penalty Interest Considered Interest in Arrears?
Calculate. After the user's loan is overdue, there will be overdue penalty interest, that is, the user's penalty for overdue, and there will be no penalty interest if the user does not default on repayment. The penalty interest will generally be agreed in the loan contract, and the penalty interest will be calculated from the day of overdue, and if it is not repaid, interest will continue to be generated, and some contracts will also stipulate that the penalty interest will be included in compound interest.
Of course, if the user repays the loan on time, he only needs to pay the normal interest, and no other additional fees will be incurred.
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1. Online loans generally cannot be repaid.
2. If the borrower fails to repay the loan on time, the lender can also request the borrower to repay the loan if the borrower needs to pay interest on the overdue repayment; If the borrower refuses to repay the loan, the lender can file a lawsuit with the court in accordance with the law and apply for compulsory enforcement of premature hail after winning the lawsuit.
Extended information: Will the interest on online loans keep rising if they don't pay back?
The interest rate of online loans will continue to rise. If the online loan is overdue, the platform will charge overdue penalty interest every day from the day of overdue, and compound interest will be collected on a monthly basis until it is fully repaid.
Even if the online loan is not overdue, the interest is charged every day. When the designated repayment date arrives, the borrower needs to repay the loan principal plus the interest accrued on the loan over the past few days. If the borrower repays the loan early, the interest will be calculated until the day of early repayment.
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