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Online loans need to be repaid.
Consequences of not returning:
1.Bear high overdue fees.
2.Withstand the fancy collection of the platform.
3.Facing a national crisis of confidence.
4.People's Bank of China Credit Investigation.
Produce a stain 5The defendant goes to court.
1) The court files a lawsuit, submits a complaint, and the court accepts it, and the acceptance fee is 50 yuan if the acceptance fee is less than 10,000 yuan. So the cost of litigation for lenders is quite small!
2) After the court accepts it, it will give you a summons, and the first time will be mediation! Of course, if you don't go to court, then you have failed mediation.
3) After the mediation fails, **acceptance, the court will issue a second summons to determine the **time, of course, you still won't come to the court! If the absence of a hall does not affect the verdict, the judge will make a judgment and will put the verdict.
Mailed to you! Losing the case is a certainty, and the judgment will state when the money must be transferred to the court's account.
4) If you still don't pay the money when it expires, then you must apply for enforcement, and it is impossible to seize your fixed assets because of this money.
However, all your bank cards will be frozen, and all banks will be only in and out.
Extended Materials. What exactly is the definition of loan overdue.
Overdue: Exceeding the specified time limit, such as: overdue violation, overdue for three days. As long as the deadline is exceeded by one day, it is considered overdue.
How long will the online loan be overdue will be on the credit How long will the online loan be overdue on the credit report, it is necessary to look at the following aspects:
1.On the borrowing platform, some online loans will be on credit as long as they are overdue, and some online loans will have a grace period, and they will only be on credit after the grace period has passed.
2.Overdue amount, if the amount of overdue borrowing is relatively small, some platforms will not upload overdue records, but if the overdue amount is relatively large, the speed of credit investigation will be faster.
3.The longer the overdue time, the higher the probability of getting on the credit report.
To sum up, through the above content, we can know that the so-called loan overdue is actually more than the time specified by the bank to pay off the principal and interest, and more than one day is also overdue. As for how long it will be overdue for credit reporting, this mainly lies in the loan platform, and some platforms will have a grace period, so there will be no problem in paying it off during the grace period, but it is only for part.
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Hello, first of all, overdue words will have an impact on your credit according to the length of time, serious overdue (more than 90 days) credit is a black account, before the overdue is not able to apply for any loan business, and secondly, overdue will produce liquidated damages, overdue interest and other additional costs, long-term overdue The last interest is greater than the principal is not a new thing, please be cautious.
There will be no consequences for the money from the loan:
1. If there is really no ability to repay, it shall negotiate with the lending institution to extend the repayment period 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 inquire about 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 that can be enforced 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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If it is a small loan, it is generally only recorded in big data, and after the overdue, if the platform has been collecting without effect, it may deal with bad debts after a long time, and many will give up collection after three years of overdue.
If the money is borrowed from a licensed consumer finance platform, the platform itself or its cooperative lender is generally connected to the central bank's credit information system, and once the customer is overdue, it will leave a bad record in the personal credit report, and if the customer has not repaid, the overdue record will always be retained on the credit report, and the record will need to be deleted by the system at least five years after the customer pays off the arrears.
Although many borrowers have been overdue for several years and have not been collected, if the overdue amount is large, they will eventually be sued by the platform, and when the borrower has the ability to repay but refuses to repay, it may be identified as loan fraud, and the consequences will not only be to repay the principal and interest, pay fines, but also may go to jail.
This will seriously affect the customer's personal credit, and Xiaomu's data score will be reduced, which will also make it difficult for the customer to apply for a loan or credit card in the future. It is recommended not to pretend that the arrears will be invalid after a long period of overdue time, and you can not repay them.
Moreover, it should be noted that many online loans charge very high interest fees, and many of them are actually usury, and the interest charged by them is not compliant, and customers can choose not to repay.
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I really can't afford to pay it back. Online loan to take your wool method.
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1.The situation of overdue online loans but no one to collect them can be roughly divided into several possibilities.
2.The first point is the online loan platform.
Deliberately pretending not to know, the aim is to indulge the debtor in a long-term default, as overdue will incur high interest rates and late fees.
In the future, the platform will be able to collect this high income. When many people apply for online loans, the platform will mainly promote the advantage, saying that the interest rate is low, but in fact, the overdue interest rate is very high, as if it is a loan shark.
The same. 3.The second possibility is that the online lending platform has gone out of business without the borrower's knowledge.
In recent years, the state has continuously strengthened the rectification and thorough investigation of the loan system, and those non-compliant platforms can only declare bankruptcy or be acquired by other financial institutions. If the platform goes out of business, there will naturally be no staff to collect it.
4.The third possibility is that the platform is busy and the staff does not have time to collect from the borrower. Now that the scale of users applying for online loans is expanding, in order to collect profits, online loan companies are focusing on lending business.
It is believed that when other businesses stabilize, the staff will free up time to collect.
Extended information: The essence of Internet finance is still finance, and the characteristics of financial risks have not changed, such as concealment, contagion, extensiveness and suddenness. Strengthening the supervision of Internet finance is an inherent requirement for promoting the healthy development of Internet finance.
At the same time, Internet finance is a new thing and an emerging format, and it is necessary to formulate moderately relaxed regulatory policies to leave room and space for Internet financial innovation. Encourage innovation and strengthen supervision to support each other, promote the healthy development of Internet finance, and better serve the real economy.
Internet financial supervision should follow the principles of "lawful supervision, appropriate supervision, classified supervision, coordinated supervision, and innovative supervision", scientifically and reasonably define the business boundaries and access conditions of various business formats, implement regulatory responsibilities, clarify the bottom line of risks, protect legitimate operations, and resolutely crack down on illegal and irregular behaviors.
Online lending includes individual online lending (i.e., P2P online lending) and online small loans. Individual online lending refers to direct lending between individuals through Internet platforms. The act of direct lending on an individual online lending platform is a private loan.
The scope is subject to the general principles of contract law and civil law.
and other laws and regulations, as well as the relevant judicial interpretations and norms of the Supreme People's Court. Online micro-loans refer to the micro-loans provided by Internet enterprises to customers through the microfinance companies controlled by them. Online microloans should comply with the existing regulatory regulations of microfinance companies, give full play to the advantages of online loans, and strive to reduce customer financing costs.
The online lending business is supervised by the China Banking Regulatory Commission.
The supervision of online lending platforms has increased from 5,000 or 6,000 at the most to only 29 by the end of June, and the special rectification work may be basically completed by the end of the year and transferred to regular supervision.
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Legal analysis: Online lending is a phenomenon in which non-financial institutions and enterprises that do not engage in financial activities engage in financing activities, which belongs to the scope of private lending management, and if the online loan is not repaid for 3 years, it may be prosecuted and enforced, but the part of the interest rate agreed by the borrower and the borrower in accordance with the law will be supported by the people's court. Where the interest rate agreed upon by the borrower and the borrower does not exceed the annual interest rate24, 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. The people's court did not support it.
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 9 A loan contract between natural persons may be deemed to be concluded under any of the following circumstances:
1) If the payment is made in cash, from the time the borrower receives the loan;
2) Where payment is made in the form of bank transfer, online electronic remittance, etc., when the funds arrive in the borrower's account;
3) If the bill is delivered, the borrower shall obtain the right to the bill in accordance with the law;
4) Where the lender authorizes the borrower with the right to control a specific fund account, the borrower shall have the right to actually control the account from the time the borrower obtains the actual right to control the account;
5) When the lender provides the loan in other ways agreed with the borrower and the actual performance is completed.
Article 24: Where the borrower and the borrower have not agreed on interest, and the lender claims to pay interest, the people's court will not support it.
Where the agreement on interest in loans between natural persons is unclear, and the lender claims to pay interest, the people's court will not support it. Except for loans between natural persons, where the agreement between the borrower and the lender on the loan interest is unclear, and the lender claims the interest, the people's court shall determine the interest based on the content of the private loan contract and on the basis of factors such as the local or the parties' transaction methods, trading habits, and market interest rates.
Article 25 Where the lender requests the borrower to pay interest in accordance with the interest rate agreed in the contract, the people's court shall support it, except where the interest rate agreed upon by both parties exceeds four times the one-year loan market interest rate at the time the contract is concluded.
The "one-year loan market ** interest rate" mentioned in the preceding paragraph refers to the one-year loan market ** interest rate authorized by the People's Bank of China to be released monthly by the National Interbank Lending Center from August 20, 2019.
The "one-year loan market ** interest rate" mentioned in the preceding paragraph refers to the one-year loan market ** interest rate authorized by the People's Bank of China to be released monthly by the National Interbank Lending Center from August 20, 2019.
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First of all, the collection ** is answered normally, and when answering **, clearly inform the collector that the call is recorded, show the other party that he has the willingness to repay, explain the reason why he is in debt and unable to repay, not the malicious overdue as they say, and there is no malicious evasion, they can collect, but not too often, too much, because they have to live and work normally, and then tell the other party in which time period they sometimes listen indirectly, and ask the other party to call during this time.
After this step is done, you can selectively answer the collection**, you can directly block all harassment during working hours**, within the time you set, you can answer appropriately**, if the other party is still indomitable to carry out malicious collection and harassment, then you can also directly block it, and ask the other party to repay the loan through court litigation.
But the most important thing is to find a way to repay the loan as soon as possible. Most of the overdue credit card online loans will be on the credit report, and if they are overdue for a long time, then this person will basically be blacklisted, which will have a great impact on their future life and work. In the past few years, some people have not paid their debts, which is defined as a lai, which has a very significant impact and may also affect the problem of their children's schooling.
It is best not to overstay the deadline easily, not only will you receive harassment from collection, but also have an impact on your personal credit and cause credit stains. It will take another five years to "wash your money" after you pay off your debts, and if you don't repay the debt, the credit stain will follow you for the rest of your life.
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Generally, the legal collection is the ** commissioner dial, reminding you to repay the loan and not to be overdue.
If you collect the arrears on the day of overdue, you will not only send text messages and make phone calls, but also explode the address book, so that your relatives and friends around you will know your online loan arrears. These behaviors belong to "violent collection", and everyone must learn to collect evidence and take up the law to protect their rights and interests.
However, the overdue online loan will indeed cause all kinds of bad effects, not only will face high penalty interest, violent collection, and even affect their personal reputation, you can understand your current credit situation in WeChat "early knowledge data", change the bad habit of applying for loans, and cover the untrustworthy behavior with a new good record of payment, so that when you encounter the economic crisis again, you will not have no way to find a way out, and you will hit the wall again and again.
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A year or two, it will definitely not stop in a short time.
If you can, pay off the loan as soon as possible.
1. Confess to your family, if your family has the ability, pay back the loan first, don't roll more and more, and it will not be good to be appealed in the end.
2. Negotiate with the loan platform, if you are unable to repay, the loan platform does not want to make a big deal, after all, they also ask for money and do not want to go to court with you. You can negotiate with them to reduce some of the money to ease your repayment pressure.
3. If there is no other way to get money, then check your personal credit, if it is okay, find a bank loan, the bank's interest is relatively low, and the repayment pressure of the bank will be lighter.
If you can't repay the loan, then you have to consider the following consequences.
1. Bear high overdue fees.
For overdue fees, different online lending platforms have different names and different charging standards. Whether it's called overdue penalty interest, overdue management or other various names, the fees are very high. Therefore, if you have the ability to repay the loan on time, you should never overdue.
2. Bear the fancy collection of the platform.
Collection is generally divided into three stages: the first stage, just a few days overdue, the platform customer service mm softly and warmly reminds, telling you that you have been overdue, please repay on time; In the second stage, if it is overdue for a long time, the platform's customer service will seriously warn that it will face serious consequences if it is overdue; In the third stage, after a long time of overdue, the platform no longer persuades each other and begins to take practical action.
There are many kinds of practical actions, such as: the platform pushes your arrears information to your relatives and friends, so that you lose face in the circle of friends; The platform arranges special collection personnel to collect door-to-door, face-to-face communication and accounting. Of course, these are still relatively mild.
Some platforms outsource the collection and collect it by a specialized collection company, and the collection company that broke out some time ago is "violent collection", and I believe that borrowers are unwilling to encounter it.
3. The People's Bank of China's credit investigation is stained.
At present, most online lending platforms have not yet been connected to the credit information system of the People's Bank of China, but access to the credit information of the People's Bank of China has become an inevitable trend. In the future, if the online loan platform fails to repay the loan overdue, it will be recorded in the credit information system of the People's Bank of China in the same way as bank loans and credit card overdue, resulting in credit stains. If the previous consequences are just disgrace, then the stain on the credit will affect the actual life, if you want to buy a house, you can't get a loan, you can't get a mortgage if you want to buy a car, and so on.
4. The defendant goes to court.
After the loan is overdue for a long time or deliberately does not repay, and the amount exceeds 2,000, it can already constitute a crime of fraud, and there is a risk of being sued by the online loan platform in court. Once the court rules in favor of the online lending platform, the borrower will have to pay the litigation costs and huge fines of both parties in addition to the amount that needs to be repaid, and even face jail time.
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