Can I not repay the interest on an online loan of more than 36?

More than 36% of the interest on the online loan can not be repaid, more than 36% of the interest can generally be regarded as usury, the agreed interest rate exceeds the scope of the law, so it is not protected by law, the excess part of the interest can not be repaid, but the reasonable principal and interest need to be returned.

Legal basis] Article 27 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases.

If the interest rate in the early period does not exceed four times the interest rate of the one-year loan market at the time of the conclusion of the contract, the amount stated in the re-issued credit certificate can be recognized as the principal of the later loan. The interest on the excess part shall not be recognized as the principal of the later loan.

If, calculated in accordance with the preceding paragraph, the sum of the principal and interest payable by the borrower after the expiration of the loan period exceeds the sum of the principal of the initial loan and the interest for the entire loan period calculated on the basis of the principal of the initial loan and four times the interest rate of the one-year loan market ** at the time of the conclusion of the contract, the people's court shall not support it.

The annual interest rate of the online loan is 36%, and it is not possible to withhold the repayment.

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. Where the borrower requests the lender to return the interest paid in excess of 36% of the annual interest rate, the people's court shall support it. Therefore, the part of the annual interest rate of the online loan that exceeds 36% can not be repaid, and the part that does not exceed 36% needs to be repaid.

Article 26 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases Article 26: The amount of the loan indicated in the proof of creditor's rights such as IOUs, receipts, and IOUs is generally determined to be the principal. Where interest is deducted from the principal in advance, the people's court shall determine the amount actually lent as the principal.

Legal Analysis: The 36% interest on online loans is illegal.

Legal basis: "Several Opinions of the Supreme People's Court on the Trial of Loan Cases by the People's Courts" Article 6 The interest rate of private lending may be appropriately higher than the interest rate of banks, and the people's courts in each region may specifically grasp it according to the actual situation of their own region, but the maximum shall not exceed four times the interest rate of the same type of bank loan (including the interest rate itself). If this limit is exceeded, the interest on the excess part shall not be protected.

Summary. If the annual interest rate of the online loan is 36%, your online loan is already a loan shark, but the online loan cannot be repaid. It is possible to repay the interest and loan principal within the law.

Can I not repay the online loan with an annual interest rate of 36%.

Kiss. Hello, happy to answer this question for you. If the annual interest rate of the online loan is 36%, this cannot be repaid.

If the annual interest rate of the online loan is 36%, your online loan is already a loan shark, but this online loan cannot be repaid. It is possible to repay the interest and loan principal within the law.

But that doesn't mean you don't have to pay it back at all.

Just 36, your comprehensive annualized interest rate is 36%.

It doesn't mean that the annual interest rate of your loan is 36%.

It is the combined annualized interest rate.

Not the APR for your loan.

It's just that you can't afford to pay it back, right?

No, I have to pay it back.

This can't be repaid, but it must be returned.

Good. Okay.

If the interest rate of the online loan is higher than 36%, there is no need to repay the loan, because the excess part does not meet the statutory interest rate limit. On September 22, 2021, the People's Bank of China (PBoC) authorized the National Interbank Funding Center to publish the calculation of the latest loan market** interest rate at 4 times, and the upper limit of judicial protection for private lending interest rates is.

[Legal basis].Article 25 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases.

Where the lender requests the borrower to pay interest at 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 of the conclusion of the contract. 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.

Article 680 of the Civil Code.

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.