Negotiate repayment and then default again, and sign a repayment agreement and then default

Legal analysis: If the repayment is overdue again after negotiation, you must take the initiative to contact the bank. If you are overdue again, you must show that you are willing to repay, but you forget to repay on time, as long as the overdue time is not too long, the bank will not take punitive measures.

However, if the user is still overdue for a long time during the negotiation period, not only will there be overdue fees, but the bank may even require the user to settle all the outstanding amounts at once.

Legal basis: "Criminal Law of the People's Republic of China" Article 196: In any of the following circumstances, where credit card fraud is carried out, and the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 20,000 and 200,000 RMB is to be given; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB 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 of between 50,000 and 500,000 RMB or confiscation of property is to be given

1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;

2) Using invalid credit cards;

3) Fraudulently using another person's credit card;

4) Malicious overdraft. "Malicious overdraft" as used in the preceding paragraph refers to the conduct of a cardholder who overdraws beyond the prescribed limit or within the prescribed time limit for the purpose of illegal possession, and does not return it after being collected by the card-issuing bank. Those who steal credit cards and use them are to be convicted and punished in accordance with the provisions of article 264 of this Law.

After the loan is overdue for the second time, the borrower must immediately find other ways to repay the loan.

You can ask for help from relatives and friends, don't care about face, only family members will help you unconditionally.

You can also mortgage or auction your own valuable things, such as real estate, cars, etc. If the borrower does not have more valuable items to auction, he can also find a way to sell some of his existing items at a low price. For example, figurines, game cartridges, computers, and the like.

Timely repayment is the most important thing.

Many borrowers will hope for a second negotiation for repayment, but in general, banks will only accept one negotiation. After negotiating repayment, the borrower defaults for the second time, and the consequences are very serious. The credit report will be re-recorded for overdue, penalty interest will be rolled over, and the bank will sue the borrower.

In addition, the bank will directly invalidate all the previously negotiated plans, and most of the money that has been repaid before will be counted as interest, and the fees that have been reduced or reduced will also be recalculated again, requiring the borrower to repay again.

In addition, if the second overdue is overdue, it is a relatively bad overdue date. Banks may not hesitate to sue borrowers directly, and may even prosecute them for criminal liability. If the bank wins the case, the borrower may face jail time in addition to repaying the loan principal, interest and penalty interest.

If you really have no ability to repay, call ** to explain the reason to the bank. You need to inform the bank of your temporary loss of repayment ability to gain the bank's trust, and you also need to inform the bank of the repayment plan for the future.

Generally, everyone who uses the central bank's credit record will leave traces of inquiry, which is more unfavorable for borrowing friends, and most of the online loans are not on the credit report, so the credit can not find specific online loan information, but now you can also understand your personal data through the "Xiaoqi letter check" data, and you can also learn more about online loan overdue information, application records, dishonesty information, online loan blacklist and other information without leaving traces.

Extended Information: How long is it considered a default to negotiate a repayment that is overdue again?

If the negotiated repayment is overdue again, as long as the repayment is not made within the time agreed in the loan contract, it will be overdue after 24 o'clock on the day of repayment. Once the borrower fails to fulfill the repayment obligation on time again, the lending institution will not give a second chance to negotiate, and will increase the penalty, and the interest that was previously charged because of the negotiated repayment will come back, and the borrower will be asked to pay off all the arrears in one lump sum within the time limit, otherwise it may go to court to sue for enforcement. Therefore, borrowers should still cherish the negotiation opportunity that they have won so hard, and if they have no money to repay, they must repay the money borrowed from relatives and friends.

Summary. Hello dear, happy to answer your <>

After the second default, you should call the bank's customer service to express your positive willingness to repay, inform the customer service of your current predicament, express that you are indeed unable to repay the arrears at present, and then tell the customer service your demands and want to negotiate with the bank to repay the loan in installments.

How to negotiate repayment after the second default.

How to negotiate repayment after the second default.

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After the second default, the negotiation should be traced to the bank's customer service** to express his positive willingness to repay, inform the customer service of his current predicament, express his current inability to repay the arrears, and then tell the customer service his demands, and want to negotiate with the bank to repay the loan in installments.

Qinqin Huabei's borrowing is an official formal platform, and only if it is overdue for too long, it will be asked to be paid off at one time, and if it is not repaid, there is a possibility of being sued.

I had previously negotiated a deferral of repayment for half a year, but later I spent all my savings due to my mother's illness and surgery, resulting in a one-time repayment.

You can specify these circumstances, even if the other party sues you, you can use your mother's surgery fees and other proof to be respectful, you are not deliberately overdue, and it is okay to request a postponement of repayment.

Legal analysis: If you owe someone money and can't repay it when it is due, you can negotiate with the creditor to repay the loan in installments or postpone the repayment. The creditor and the debtor may negotiate to make the debtor repay the loan in installments or deferred, and if the negotiation fails, they may go to the court to file a lawsuit.

In the litigation, if the court decides to enforce the order, and if the person subject to enforcement fails to pay off the amount owed on the date specified in the judgment, the court shall seal, seize, auction or sell the property of the person subject to enforcement to pay off the previous debts.

Legal basis: Article 236 of the Civil Procedure Law of the People's Republic of China: For legally effective civil judgments and rulings, the parties must perform leniency. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.

The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts. If one party refuses to perform, the other party may apply to the people's court for enforcement. Article 241:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, they shall report on the current situation and the assets that have been inspected annually before the date of receipt of the enforcement notice.

Where the person subject to enforcement refuses to report or makes a false report, the people's court may fine or detain the person subject to enforcement or his legally-designated person, the principal responsible person of the relevant unit, or the directly responsible personnel on the basis of the severity of the circumstances.

If the bank agrees to the second negotiation of the user, then the user can still negotiate after the second default. However, the bank has a very poor evaluation of the user and no longer accepts the negotiation of repayment with the user, so the user will most likely be rejected by the bank if the user applies for negotiated repayment after the second default. After all, it is a unilateral default by the user, and the bank's reluctance to negotiate is understandable.

Especially for users who are often overdue, such users are suspected of maliciously overdue, and banks generally will not agree to negotiate with such users.

Extended information: 1. What should I do if my credit card is overdue for the second time?

The credit card should be repaid in time for a second default after it is overdue. If the credit card is overdue, the user needs to repay the loan in time, otherwise it will have a negative impact on personal credit and will also affect the user's future credit card. If the credit card is not repaid on time, there will be a penalty of liquidated damages, which is generally the minimum repayment amount, 5% of the outstanding amount.

Suspected credit card fraud for malicious overdraft of credit card.

2. What does the second installment of credit card mean?

The second installment of a credit card refers to the repayment of the amount that has already been repaid in installments by applying to the bank for repayment on time due to the user's insufficient repayment ability on the basis of the credit card installment. It is more difficult for the user to apply for the second installment of the credit card, and the user must submit valid supporting materials, and the bank believes that the user is a high-quality customer, so that there is a chance to negotiate successfully.

3. What should I do if the credit card is overdue after the second negotiation?

After the second negotiation of the credit card, you can continue to contact the bank to negotiate a new repayment plan, but in this case, the bank generally does not want to negotiate again, because it has been negotiated twice, and the cardholder is still overdue for repayment, either the cardholder maliciously does not repay, or the cardholder has gone bankrupt, and the bank will follow the regulations to generate overdue penalty interest, go to personal credit, and may even sue directly.

4. What are the consequences of a second default on a credit card?

The second default will have a great impact on personal credit reporting, and will also have a negative impact on the future development of credit-related business.

There are high default fees and interest associated with it, and if you maliciously overdraft your credit card, it may also constitute credit card fraud.

If the bank files a lawsuit against the borrower, the court will impose a prison sentence and a fine based on the overdue amount of the second default.

The bank will blacklist the cardholder and no longer handle any loan business for the cardholder.

5. Is the credit card overdue if it is 2 days late?

Whether it is overdue mainly depends on whether the bank to which the credit card belongs provides a time-tolerant service, and provides a bank credit card with a 3-day tolerance service, and a late repayment of 2 days is not considered overdue, as long as the cardholder pays off the loan within the grace period, it will be repaid on time. Banks that do not provide time-tolerant services will be considered overdue if the credit card is repaid 2 days late, for example, ICBC does not have a grace period for repayment.

Legal analysis: For breach of the repayment contract, a certain amount of liquidated damages shall be paid, and relevant losses shall be compensated and legal liabilities shall be investigated. According to the provisions of the Civil Code, when signing a contract, the two parties can agree on liquidated damages, once the contract is concluded, both parties shall perform the obligations stipulated in the contract, and if the contract obligations are not performed, it will constitute a breach of contract, and shall bear the liability for breach of contract compensation in accordance with the provisions of the contract.

Legal basis: Civil Code of the People's Republic of China

Article 577:Where one of the parties fails to perform the contract's obligations or performs its obligations in accordance with the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

Article 579:Where a party fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary obligations, the other party may request payment.

Article 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in an inconsistent manner with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

What happens if I default on my negotiated repayment? 1. If you don't sign the contract or repay the loan on time is not written in the contract, the bank will generally remind you to collect concurrently.

We will contact you directly for liquidated damages, but you can communicate with the bank's customer service and ask the bank to start contacting you to deal with it.

2. If you are too overdue, you will face Wu Yu: 1. High penalty interest, rolling interest, and the final loss is not just interest.

Single; 2. There will be overdue records on the credit report, and there will be a shadow of the loan when you go to an online loan or other financial institutions; 3. There will be a loan overdue record on the credit report, and the bank or other institutions will review your previous credit investigation during this period.

And then take out a loan accordingly.

The above is to introduce to you the calculation will occur after the deadline, including some problems, but no matter what, we must pay off the arrears in time, and if you have the ability, you must pay it back, so that you will not get on the credit report. Tell.