Is it a violation to contact family members when the arrears are overdue

In fact, it is a violation of the law for the borrower's loan to be overdue by a third party, and the collector contacts his relatives for collection. If it is not illegal to reserve an emergency contact, if there is no reserved emergency contact in the address book, then it is illegal because it involves personal privacy and reputation issues, and evidence should be collected, prosecuted, or complained to the regulatory authorities.

It is recommended that borrowers do not wait for the overdue collection of online loans to come before they want to negotiate, they can take the initiative to contact customer service to negotiate repayment before the deadline, give a grace period or directly reduce the interest, and the customer service can call several times if they do not agree.

When communicating with collectors, you need to be sincere, don't blindly say that you don't have money, they are tired of hearing this. After you can talk about the difficulties, express a good willingness to repay, list your repayment plan, explain that you have income from work, and you are working hard to raise money.

If there are non-compliance areas in the online loan, such as membership fees, audit fees, etc., or there is illegal collection, you can keep the relevant evidence, understand certain legal knowledge to negotiate, pay attention to proper language, and do not violate the language.

Finally, you need to remind you to find a formal online loan platform to apply for a loan, and you must read the terms of the contract carefully, find out the rights and responsibilities you should enjoy, and see if there are additional handling fees.

The big data of online loans can clearly reflect the user's recent application for online loans, whether the online loans are repaid on time, and whether there is any suspicion of identity information. You can check by credit inquiry tools such as "Xiaoqi Credit Check" to get a detailed risk report.

Extended Information: When to contact family members after the loan is overdue?

The family members who will not be contacted directly when the loan is overdue are mainly to send a message or call ** to collect the money. Unless the overdue amount is not repaid, Alipay cannot contact the person, and may contact the emergency contact person according to the relevant information provided when registering the account and applying for the loan. As for the specific time, it is uncertain, and it is estimated that if the payment is not repaid in two or three months, then it may be called to the family.

And if they can be contacted and have been repaying, they will naturally not contact their families. The main reason why I contact my family is to understand the current situation through my family members and achieve the purpose of repaying the loan, rather than letting my family repay the loan on my behalf.

It should also be noted that if it is overdue for too long, the amount owed is relatively large, and many parties cannot contact anyone, then Alipay is likely to file a lawsuit with the court and repay the loan through legal channels (generally overdue for more than three months, there is the right to sue, but Alipay will not sue easily).

1. Is it illegal to contact family members after the arrears are overdue?

1. The specific analysis of whether it violates the rules by contacting the family members after the arrears are overdue is as follows:

1) If it is a reserved emergency contact, it is not in violation;

2) If there is no emergency contact reserved in the address book, it is generally a violation, because it involves personal privacy and reputation issues, and evidence should be collected, and the regulatory department should be prosecuted or complained.

2. Legal basis: Article 68 of the Measures for the Supervision and Administration of Credit Card Business of Commercial Banks.

The issuing state property bank shall collect from the debtor and its guarantor, and shall not collect from a third party unrelated to the debt, and shall not use violence, coercion, intimidation or abuse or other improper collection behaviors. An audio recording shall be made of the collection process, and the recorded materials shall be kept for at least two years for future reference.

2. How to deal with overdue arrears.

The overdue payment is handled as follows:

1. At the first time when it is overdue, contact the bank in arrears in time after making up the arrears, and strive to solve the problem before reporting the credit investigation;

2. If the overdue time exceeds 90 days, pay off the arrears and repay the penalty interest;

3. Non-malicious overdue, after paying off the arrears, actively contact the bank staff to explain the reasons for the overdue, the overdue amount is small or the overdue time is very short, and the bank will issue a non-malicious overdue certificate;

4. If it is the fault of the bank, you can directly appeal to the bank to eliminate the bad record.

Whether it is a violation to contact family members after the arrears are overdue should be determined according to the specific circumstances. Overdue credit card overdue is not illegal if it is to contact the reserved emergency contact. If it is a communication or hidden interrogation record, and there is no emergency contact person reserved, then it is a violation, because it involves personal privacy and reputation issues, and evidence should be collected, prosecuted, or complained to the regulatory authorities.

First of all, the China Banking and Insurance Regulatory Commission allows banks to entrust third-party collection, and under appropriate conditions, it is also allowed to call emergency contacts, but it must be standardized.

The first point: Unless the debtor is in a state of multiple disappearances, the credit card collector has no right to call the family**, and can only call the reserved emergency contact** and the family number asked by the regular channel**, such as parents, partners, etc.

Third-party collection is not allowed to collect from a third party that has nothing to do with the debt, but can only play the role of informing, please ask the third party to notify the debtor to answer**, etc., and it is not allowed to clearly inform the debtor of the debt information.

The third point: in the process of collection, there is abuse, insult, and clearly inform the third party of the debtor's debt, and require the third party to be responsible for the debt. It is illegal to cause collection troubles to third parties, long-term ** or SMS harassment, etc., which affect the lives and work of innocent people.

Legal basis. Article 68 of the Measures for the Supervision and Administration of Credit Card Business of Commercial Banks The card-issuing bank shall collect from the debtor and its guarantor, and shall not collect from a third party unrelated to the debt, and shall not use violence, coercion, intimidation or abuse or other improper collection behaviors. An audio recording shall be made of the collection process, and the recorded materials shall be kept for at least 2 years for future reference.

The important hall will be determined on a case-by-case basis. Overdue credit card overdue is not illegal if it is to contact the reserved emergency contact. If it is an address book and there is no reserved emergency contact, then it is a violation to pretend to be a bumper, because it involves personal privacy and reputation issues, and evidence should be collected, prosecuted, or complained to the regulatory authorities.