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If the online loan is not repaid, the party needs to pay a certain amount of overdue interest in accordance with the agreement or the relevant provisions of the state, bear the corresponding liability for breach of contract, and may also face a lawsuit filed by the creditor. If the borrower is temporarily unable to repay, it may negotiate with the creditor to repay in installments or deferred repayment. Article 676 of the Civil Code If the borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or the relevant provisions of the state.
Article 678 The borrower may apply to the lender for an extension of the loan period before the expiration of the repayment period; If the lender agrees, it can be extended. Article 667 A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity with interest.
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Legal analysis: 1. Bear high overdue fees.
2. Bear the fancy collection of the platform.
3. Facing a national crisis of confidence.
4. The credit of the People's Bank of China is stained.
5. The defendant goes to court.
6. Penalty interest and liquidated damages.
Legal basis: Several Opinions of the Supreme People's Court on the Trial of Loan Cases by the People's Courts
Article 10 The loan relationship formed by one party by means of fraud, coercion or other means, or taking advantage of the danger of others, so that the other party violates its true intentions, shall be deemed invalid. If the invalidity of the loan relationship is caused by the creditor's behavior, only the principal shall be returned; If the invalidity of the loan relationship is caused by the debtor's behavior, in addition to the return of the principal, interest shall also be paid with reference to the interest rate of the same type of bank loan.
Article 11 Where the lender clearly knows that the borrower borrows money for the purpose of carrying out illegal activities, the lending relationship shall not be protected. Illegal lending by both parties may be sanctioned in accordance with the provisions of paragraph 3 of Article 134 of the General Principles of the Civil Law and Articles 163 and 164 of the Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (for Trial Implementation) (hereinafter referred to as the "Opinions" (for Trial Implementation)).
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.
Article 670 The interest on the loan shall not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan shall be returned according to the actual amount borrowed and the interest shall be calculated.
Article 671: Where a lender fails to provide a loan on the agreed date and amount, causing losses to the borrower, it shall compensate for the losses.
If the borrower fails to collect the loan on the agreed date and amount, it shall pay interest on the agreed date and amount.
Article 680:Usurious lending is prohibited, and the interest rate on loans must not violate the relevant provisions of the State.
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.
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1. The debtor needs to pay high interest and corresponding liquidated damages.
2. The debtor's credit will be damaged, which will affect future credit card applications, loans, etc.
3. If an online lending institution files a lawsuit with the court for repayment, and the borrower still refuses to enforce the loan after the court has ruled on the repayment, it may be subject to an application for compulsory enforcement.
4. If the borrower fails to repay the loan but has the ability to repay the loan after the court has made a judgment to repay the loan, and the circumstances are serious, it constitutes the crime of refusing to execute the judgment or ruling, and the borrower shall be investigated for criminal responsibility.
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Consequences of repaying the online loan: 1. Overdue interest; 2. The online loan platform will carry out frequent collection; 3. The debtor may face the risk of being sued. According to Article 675 of the Civil Code, the borrower shall return the loan within the agreed time limit.
Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time. Article 676 stipulates that if the borrower fails to return the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or the relevant provisions of the state. Article 675 of the Civil Code provides that the borrower shall return the loan within the agreed time limit.
Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time. Article 676:Where a borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or the relevant provisions of the state.
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If you don't deserve to go to jail if you don't deserve an online loan, this is a civil dispute. But the other party may sue you. However, online loans are not legal.
Many online loans don't dare to sue, and will only make ** text messages to harass you. The use of online loans to enter the "routine loan" fraud has been common, mainly manifested in:
1.False propaganda. **Impersonating an online lending company or platform, promoting high-value quick loan products through mobile phone text messages, online advertisements, etc., but in fact, there is nothing to do, and deceiving borrowers into providing personal information or funds by publishing false information.
2.Prepaid**. If the borrower is required to pay a certain "handling fee" or "security deposit" before the loan can be disbursed, the actual amount received is much lower than the commitment, or even the loan is not disbursed at all. This kind of scam makes people pay for it first.
3.Lost contact after lending. Deliberately delaying the repayment time, prevaricating the borrower through various reasons, and then suddenly disappearing, causing losses to the borrower.
4.High interest rate scams. Promising high loans in a very short period of time, but the interest rates far exceed the law, effectively pushing borrowers into a "usurious debt trap".
5.Personal Information Scams. Obtain borrowers' personal information through false advertising, and then transfer the information** or carry out other frauds, resulting in information leakage and financial losses.
Now the state stipulates that the annualized interest rate is. The sum of various fees is not allowed to be exceeded, but the interest of many online loans has been exceeded. It also cleverly set up a name to charge indiscriminately. For this kind of online loan, you can not repay it after the round of sales, and you can also sue them for false lawsuits.
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What are the consequences of not repaying the online loan?
1. Bear high overdue fees.
2. Bear the fancy collection of the platform.
3. Facing a national crisis of confidence.
4. The credit of the People's Bank of China is stained.
5. The defendant goes to court.
1) The court sues, submits the 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 there is no room, it will not affect the verdict, the judge will make a judgment and will mail the verdict 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 don't pay the money when it expires, then you must apply for enforcement, it is impossible to seize your fixed assets because of this money, but all your bank cards will be frozen, and all the banks will only enter and exit.
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If the borrower is temporarily unable to repay, the borrower may negotiate with the creditor to repay in installments or deferred repayment.
Legal basis] Article 676 of the Civil Code.
If the borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or the relevant provisions of the state.
Article 678.
The borrower can apply to the lender for an extension before the expiration of the repayment period; If the lender agrees, it can be extended.
Article 667.
A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity with interest.
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1. Penalty interest and liquidated damages.
Some financial institutions need to pay a penalty penalty on the basis of penalty interest, which adds up to a lot of expenses, if you don't want to get stuck in the loan quagmire and can't extricate yourself, you still need to develop good repayment habits.
2. Damaged credit.
If you borrow money from the bank and don't repay it within the time limit, your credit report will be stained, and it will be even more difficult to apply for a credit card or loan in the future. Because of small profits, missing out on one's credit wealth is actually very much worth the loss.
Some people say that the loans I took online loans, these will not be counted in the credit investigation of the central bank. Not to mention, now that online lending and the central bank are more closely interconnected, even in the online lending circle, there is also a shared "blacklist" system, and if one does not repay, it will be difficult to approve other loans.
3. Collected by various means.
Whether it is a bank or an online loan, it has its own collection system. The primary ones will send text messages to themselves, call ** reminders, and more serious ones, there will even be collectors who are close to each other 24 hours a day, seriously disrupting their work and life, and ordinary people can't stand this kind of "mental oppression".
4. If you are sued, your assets may be seized.
Maybe they have a strong ability to "resist pressure" and feel that the consequences mentioned above are all drizzle, then the financial institutions will not be polite to them, toast and not eat and drink, then they can only take out the secret of "court" and arm themselves with the law.
Once the court pronounces the verdict, even if he is reluctant, he must enforce the "repayment award", otherwise, the court will seize the property in his name in accordance with the law and use the auction proceeds to repay the arrears.
5. If the circumstances are serious, you will be imprisoned.
Generally speaking, such incidents as non-repayment of borrowed money are civil disputes and will not escalate to the criminal level. However, if the borrower refuses to perform and insists on being a liar, he would rather run away than repay the money, and the circumstances are very heinous, the court will also investigate the criminal responsibility of the borrower, and if it is too serious, he will go to prison.
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If the online loan is not repaid, it will lead to the following consequences:
1.From the day of overdue, the platform will start to charge penalty interest until the customer pays it off.
2.The platform will impose penalty interest because the customer is overdue, and if the customer fails to pay it off later, the penalty interest will be more and more, and the customer's repayment pressure will be increasing.
3.If the overdue situation of the demolition of Qiaoguo is reported to Sesame Credit and big data, it will also lead to a decrease in Sesame Credit score, and the overdue bad information recorded in the big data will also increase, and personal credit will be damaged.
4.The platform will send text messages and call ** from time to time to collect money, and if the overdue time is too long, it may even sue the court.
5.It is difficult to eliminate the overdue bad information recorded in the credit investigation or big data in a short period of time, and the customer will have to spend time to maintain credit after paying off the arrears, and the credit may be restored in three to six months.
When borrowing online loans, you must pay attention to the following:
1.One of the consequences of borrowing is high interest rates. It is important to have a clear understanding of whether the borrowing platform has a problem of excessive interest rates.
2.Find out how much late penalty interest is charged. Calculate your repayment ability to avoid being unable to repay on time after borrowing.
3.Pay attention to the borrowing agreement. In particular, pay attention to the relevant provisions of deferred repayment, early repayment, and overdue penalty interest.
4.Pay attention to whether your privacy is leaked by the lending platform. Be cautious when providing personal privacy information such as the front and back of your ID card and your handheld ID**.
5.Pay attention to maintaining good credit behavior. In daily life, some credit behaviors may also affect the success of online loan applications. For example, pay utility bills on time, don't apply for credit cards randomly, and don't check personal credit reports frequently.
6.User reviews and complaints about borrowing platforms also need to pay more attention. Don't just focus on the platform's advertising or recommend other people's evaluations. It is necessary to treat user evaluations and complaints rationally, and find valuable information from them. <>
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