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These online lending platforms basically have some of the same characteristics, such as attractive advertisements (large loan amounts, second arrivals, low interest or long repayment time, etc.), and then high interest or sky-high handling fees, China has clear regulations on loan interest can not exceed 24%, so many platforms will play a sideline in terms of interest.
After that, you have to find ways to charge a high handling fee, of course, there are some direct and vague time divisions, so you need to pay a large amount of liquidated damages if you are not careful.
Several Opinions of the Supreme People's Court on the Trial of Loan Cases by the People's Courts
Article 6 Private lending.
The interest rate may be appropriately higher than the bank's interest rate, and the local people's courts may specifically grasp it according to the actual situation of the region, but the maximum shall not exceed four times the bank's interest rate on the same type of loan (including the interest rate). If this limit is exceeded, the interest on the excess part shall not be protected.
Lenders are not allowed to include interest in the principal for usury. During the trial, it was found that the creditor included the interest in the principal to calculate compound interest.
If the interest rate exceeds the limit specified in Article 6, the interest on the excess part shall not be protected.
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1. Loans that have not obtained a consumer finance license.
Any formal microfinance institution needs to obtain a consumer finance license from the China Banking and Insurance Regulatory Commission. If, for some reason, the consumer finance license approved by the CBIRC is not obtained, then the borrower's loan record will not be on the credit report.
2. Loans that have not been connected with the central bank.
According to the regulations, all formal institutional loans should be uploaded to the credit system, but there are also cases where the upload transformation has not been completed, such as the previous Ant's Huabei, Jingdong's Baitiao, etc., for some reasons, there are always a few products that have not been connected to the credit information system in time, so it is possible that the credit is not visible.
In fact, the credit information on the loan is only to collect the credit information of the borrower, so that the credit bureau can objectively reflect the user's credit history to the financial institution, reducing the impact of the loan officer's subjective review on the loan application results.
As long as the borrower can repay the loan on time after handling the loan business, the loan on the credit will not only not have a bad impact, but will also create a good personal credit record for the user, which is beneficial to other loan businesses in the later stage.
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: Loans from formal financial institutions are:
JD Gold Bars. JD Finance's online loan product, users with good credit who have opened JD Baitiao can use JD Gold Bars.
Ants borrow. A consumer credit product launched by Ant Financial, users can find the entrance to Ant Borrowing on the Alipay platform.
360 IOUs. 360 DigiTech's online loan products have formal lending qualifications, and you can apply for loans without collateral and guarantees.
The degree is small. Du Xiaoman Finance's credit service brand.
At present, there are many loans from formal financial institutions, and these loan products are all on the credit investigation, which plays a dual role in the supervision of financial institutions and borrowers. For financial institutions, the loan interest rate must be legal and cannot exceed the national law; It is essential for the borrower to repay the loan on time, otherwise it will affect personal credit.
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Legal analysis: informal lending platforms have people loan, second minutes, gold bars, etc., these online loan platforms basically have the same characteristics, such as attractive advertisements (large loan amount, second arrival and low interest or long repayment time, etc.), and then high interest or sky-high handling fees, China has clear provisions on loan interest can not exceed 24%, so many platforms will try their best to charge high handling fees after playing a side game in terms of interest. Of course, there are also some direct and vague time divisions, so that you need to pay a large amount of liquidated damages if you are not careful.
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 on private loans may be appropriately higher than the interest rate of banks, and the people's courts in each region may specifically grasp it on the basis of the actual conditions of the region, but the maximum must not exceed four times the interest rate of the same type of bank loans (including the interest rate principal). If this limit is exceeded, the interest on the excess part shall not be protected.
Lenders are not allowed to include interest in the principal for usury. During the trial, if it is found that the creditor includes the interest in the principal to calculate compound interest, the interest on the excess part shall not be protected if the interest rate exceeds the limit provided for in Article 6.
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