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Serious consequences of overdue credit cards:
1. Overdue interest and late fees;
2. Bad credit records;
3. The bank will collect and may face criminal problems.
Credit Card Overdue Solution:
1. If the cardholder forgets to repay the loan and finds that it is overdue, he must repay the loan as soon as possible, preferably in full. Call the credit card center of the bank ** and declare that it is not a malicious arrears. If the overdue period is short, the bank may not count the bad record;
2. If the credit card is overdue due to unemployment, illness or other reasons, the cardholder should take the initiative to contact the bank credit card center before the repayment period, explain his or her economic situation, declare that he is not maliciously in arrears, and apply for deferred repayment or installment repayment;
3. If the cardholder takes the initiative to apply for a postponement of repayment, the bank will often agree to the extension, and the bank and the cardholder will agree on a mutually acceptable repayment plan. In this way, the bank will not keep a bad record, but it must repay the loan on time after applying for an extension;
4. Credit card repayment information is rolled by the central bank's credit information system for 24 months, and the record of overdue credit card repayment will be kept in the credit information system for two years. Therefore, it is best not to cancel the credit card immediately after the cardholder is overdue, and it is best to insist on using it for more than 2 years, and then maintain a good credit history.
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If you owe money to the bank and don't pay it back, the bank's risk center will send a message to collect it.
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Users do not need to panic when receiving overdue text messages, and many times users receive overdue text messages, it does not necessarily mean that the user is really overdue. There are four ways to deal with it.
1. Check whether the loan under your name is overdue.
The SMS received by the user is sent by the consumer finance company, so the user can check the personal credit report, check the loan APP, etc. to find out whether the loan under his name is overdue. It is recommended that users first inquire about personal credit reports, because the loan issued by consumer finance companies will definitely be on the credit report, so users can know whether there is a loan overdue in their name by checking the credit report.
2. Verify whether the content of the text message is accurate.
1) The user confirms that the loan in his name is indeed overdue through the first step, then he needs to verify whether the content of the SMS is accurate. Usually, the content of the SMS will include the specific loan product, the overdue amount, the number of overdue days, etc. If it can be corresponded to the user's overdue message, then it means that the text message was indeed sent by a consumer finance company.
2) Through the first step, the user confirms that there is no overdue loan in his name, then it may be that there is an operation error in the SMS of the consumer finance company, and the user can directly ignore the overdue SMS and do not need to take follow-up steps.
3. Return the overdue arrears.
If the user has confirmed that he or she is indeed overdue, then he should pay off the overdue arrears as soon as possible according to the requirements of the overdue SMS. After paying off the overdue debt, the user can choose to contact the lending institution again, for example, to request a non-malicious overdue certificate after the loan is paid off, or to apply for a waiver of part of the overdue fee, not to upload the overdue record, etc. After paying off the overdue amount, the user will make a request to the consumer finance company, at which time the consumer finance company will consider granting the user's request at its discretion.
4. Return the remaining amount to be repaid when pressing the beams.
If the user has paid off the overdue debt, then there will be no more collection from the consumer finance company. However, the remaining amount to be repaid by the user still needs to be repaid on time. Otherwise, once the deadline occurs, the user will receive a collection SMS from the consumer finance company again.
When a user receives a text message from Consumer Finance saying that the user is seriously overdue, he can follow the above four measures to solve the problem. When receiving a collection SMS, the user must not fall into panic first, after all, the user has not verified the authenticity of the matter, and blindly panicking will affect the user's judgment. Only by calming down and calmly dealing with it will users be better able to solve problems.
Extended Information: How to report SMS harassment?
Depending on the degree of harassment or malicious circumstances, there can be different ways to report it, as follows:
1. Report complaints to the lending institution.
2. Report and complain to the CBRC.
3. Report to the 12321 reception center.
4. Direct alarm.
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Legal Analysis: Non-violent collection is not illegal. After the debtor owes the money, it needs to fulfill the repayment obligation of the debtor in accordance with the contract.
If you really can't afford to repay the money, you can directly negotiate with the creditor to repay the loan, and strive to reduce the interest or repay the loan in installments. Failure or refusal to repay can be enforced by the court and will also be included in the credit reporting system.
Legal basis: Civil Code of the People's Republic of China
Article 667 A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest.
Article 668: The loan contract shall be in written form, unless otherwise agreed upon between natural persons. The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.
Article 669 When entering into a loan contract, the borrower shall, as required by the lender, provide the true information about the business activities and financial status related to the loan.
Civil Procedure Law of the People's Republic of China
Article 253:Where the person subject to enforcement fails to perform the obligation to pay money within the period specified in the judgment, ruling, or other legal documents, the interest on the debt for the period of delayed performance shall be doubled. Where the person subject to enforcement fails to perform other obligations within the period specified in the judgment, ruling, or other legal documents, a penalty for delayed performance shall be paid.
Article 255:Where the person subject to enforcement does not perform the obligations set forth in the legal documents, the people's courts may employ or notify relevant units to assist in employing restrictions on leaving the country, recording and publishing information on non-performance of obligations in the credit reporting system, and other measures provided for by law.
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The bank's door-to-door collection is to protect the bank's own basic rights and interests, and if the door-to-door collection is not repaid, the next step may be handed over to the public security economic investigation department to collect. However, when banks come to collect debts, they must abide by the provisions of the law and must not collect debts violently.
1. Will I go to jail if my credit card is maliciously overdrawn and collected at home?
Malicious overdraft of credit card is subject to jail time if it is collected at home. "Malicious overdraft" refers to the act of the cardholder exceeding the prescribed limit or the prescribed period of overdraft for the purpose of illegal possession, and failing to return it for more than three months after two effective collections by the card-issuing bank, which is an illegal act. Malicious overdrafts reach a certain amount, which may constitute credit card fraud and face the risk of jail time.
Collection is fundamentally different from ordinary violent debt collection, which is mainly through legal means to carry out debt **.
Second, the collection personnel visit the door, how to deal with it.
The methods of door-to-door response are as follows:
1. Negotiate repayment. It has been a long time since the arrears were overdue, mostly because of the current economic difficulties.
When encountering door-to-door collection, it is still necessary to negotiate with the other party to ask for forbearance, or come up with a specific repayment plan, if the other party agrees, you can temporarily alleviate the crisis, and the next thing is to work hard to make money to repay.
2. Avoid conflicts. In such a situation, it is necessary to control your emotions and avoid a head-on conflict with the other party to avoid unnecessary troubles caused by the escalation of the conflict.
3. Settle accounts. When the other party comes to collect the money, the other party may add a lot of late fees, door-to-door fees and other expenses on the basis of the principal and interest owed. At this time, you need to calculate the accounts with the other party to see how much the principal, interest and other expenses are.
4. Get out as soon as possible. In the case that the other party uses violent or insulting means to collect money, or restricts personal freedom for a certain period of time, it is still not necessary to have a head-on conflict, and you can agree to their request. After the chaos is out of control, he will report to the public security organ.
Article 245 of the Criminal Law provides that anyone who illegally searches another person's body or residence, or illegally trespasses into another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention. Where judicial personnel abuse their authority and commit the crimes described in the preceding paragraph, they are to be given a heavier punishment.
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1. The debtor fails to repay the arrears within the time limit, and the bank and customer service collect the arrears in accordance with the Hunger Law. For example, by calling **, sending a collection notice, sending a lawyer's letter, etc. However, it is not allowed to collect arrears through violence, intimidation, restriction of personal freedom, or other illegal means.
2. Legal basis: General Principles of Loans
Article 32 Loan repayment: The borrower shall repay the principal and interest of the loan on time and in full in accordance with the provisions of the loan contract. The lender shall send a notice of repayment of principal and interest to the borrower one week before the maturity of the short-term loan and one month before the maturity of the medium- and long-term loan; The borrower shall prepare funds in a timely manner and repay the principal and interest on time.
The lender shall issue a collection notice for the overdue loan in a timely manner, and do a good job in the collection of the principal and interest of the overdue loan. The lender shall impose a penalty interest on the loan that cannot be repaid within the time limit agreed in the loan contract; Where it is not possible to make restitution or to implement the repayment of principal and interest, it shall be urged to make restitution or prosecuted in accordance with law. The borrower shall negotiate with the lender Weishi to repay the loan in advance.
1. How to achieve effective debt collection.
Under normal circumstances, there are several ways to achieve effective collection of the company's arrears:
1. Friendly negotiation between the two sides.
No matter what kind of dispute, friendly negotiation between the two parties is the best way to solve the problem. The company and the debtor friendly negotiation to deal with the arrears, time-consuming, cost-effective, quick benefits, but it should be noted that the negotiation should pay attention to skills, once the other party delays and has no intention of repaying, it is necessary to take more powerful means of dunning.
2. Entrust a professional debt collection agency to collect.
For example, entrusting a professional asset management company to collect, or a professional company lawyer to collect, but it needs to be noted that debt collection companies are still in the gray area of the law in China, and those who entrust debt collection agencies to collect may quickly recover the money, or they may be involved in illegal crimes and be punished by law.
3. Request for payment order.
A payment order refers to a legal document made by the people's court in accordance with the law to urge the debtor to make a certain payment obligation according to the application of the creditor. However, there are certain conditions for applying for a payment order, and a professional lawyer can be appointed to apply for it on your behalf.
3. Litigation resolution.
The company entrusts a lawyer to collect the arrears through litigation, which is the last and most powerful way to collect the arrears. But first, confirm that the debtor's complaint has been resolved and avoid facing the debtor's counterclaim in court. Second, it is necessary to confirm that the debtor has sufficient assets to pay off the debt, otherwise it will not be able to enforce the judgment even if it is favorable to itself.
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