The method of preventing the collection of the address book from exploding, and how to deal with the

Ways to prevent the collection of explosive address books:

2. Negotiate with customer service in advance to postpone repayment. Unless there are special circumstances, the general loan company does not have a policy of deferring repayment, but if you are temporarily unable to repay, you can communicate with customer service first and try it;

3. Contact the emergency contact in advance. If the negotiation with customer service to postpone repayment fails, in order to prevent irregular collection agencies, you can contact the emergency contact person in advance and inform them not to answer strangers for the time being**;

4. Sincere and collection communication. If the collection still threatens to explode the address book, then you can leave evidence here for later use;

5. Complain to the platform's customer service for collection. You can keep the evidence and directly complain to the platform's customer service for collection;

6. Complain on major online complaint platforms.

Measures to prevent the collection of explosive address books:

1. Set up a blocklist.

Nowadays, mobile phones can be set up to block lists, and users can install some harassing blocking software on their mobile phones, generally in addition to the address book or local**, callers other than the caller can be rejected.

It can effectively help you block out a lot of bombing numbers, thanks to the online loan platform.

It's a bombarded address book, and friends in the address book will be affected, so contact friends and relatives and suggest that they also set up a block list.

2. Report and complain.

With the promulgation of the measures for the management of online loans, the regulatory authorities will focus on cracking down on the violent collection behavior of bombing the address book, and if it is violently collected, then you can file a complaint with the Internet Finance Association of China.

3. Collect evidence and report to the police.

Now the state has regulations on online loan collection, such as daily collection ** can not exceed 3, can not intimidate the debtor, etc., if the address book is exploded, then you can collect evidence, and then you can call the police to deal with it.

Generally speaking, formal online loan platforms will not carry out violent collection, so when handling online loan business, you should pay attention to screening institutions and choose to handle loans through formal platforms, and the most important thing is that borrowers do not blindly borrow due to the convenience of online loan platforms, so as to avoid inability to repay.

Legal Analysis:

According to the relevant laws of our country, it is illegal to explode the address book. Exploding the address book is currently the most common collection method. Nowadays, when online loans are borrowed, they will ask for access to the address book of the borrower's mobile phone, so that when the borrower fails to repay the loan on time, the contact in the address book will be harassed through the address book.

At present, the state strictly prohibits online lending platforms from harassing persons other than borrowers, and collectors are not allowed to frequently call and harass debtors and other persons, let alone disclose personal information such as debtors' debts, overdue debts, and defaults to persons other than debtors.

The bombed address book can be sued for compensation if it meets the following conditions:

1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;

2) there is a clear defendant;

3) There are specific litigation claims, facts and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

The exposed address book is an infringing act, and the perpetrator infringes on the civil rights and interests of others due to his fault and causes harm, he shall bear tort liability.

Legal basis: Self-Discipline Convention on the Collection of Overdue Debts in Internet Finance

Article 1 In order to regulate the collection of overdue debts in Internet finance, protect the legitimate rights and interests of creditors, debtors, relevant parties and Internet financial institutions (hereinafter referred to as practitioners), and promote the healthy development of the Internet finance industry, in accordance with the "Guiding Opinions on Promoting the Healthy Development of Internet Finance", the "Implementation Plan for the Special Rectification of Internet Financial Risks", the "Interim Measures for the Management of the Business Activities of Online Lending Information Intermediaries" and the "Notice on Regulating and Rectifying the "Cash Loan" Business This Convention is formulated on the basis of the Criminal Law of the People's Republic of China, the Public Security Administration Punishment Law of the People's Republic of China, the General Provisions of the Civil Law of the People's Republic of China, the Tort Liability Law of the People's Republic of China, the Cybersecurity Law of the People's Republic of China, and other relevant laws and regulations.

Exploding the address book to collect is illegal.

Online lending platforms are legal to collect, but violent collection is illegal. The bombardment of the address book by the online loan company belongs to the ranks of violent collection, that is, the explosion of the address book is an illegal act. According to national laws, it is illegal for an online lending platform to explode its address book without the borrower's permission, and the borrower can report the illegal acts of the online lending platform to the China Internet Finance Reporting Information Platform.

The borrower shall pay the interest according to the agreed period. If there is no agreement on the term for paying interest or the agreement is not clear, and the loan period is less than one year, it shall be paid together with the return of the loan; If the loan period is more than one year, it shall be paid at the end of each year, and if the remaining period is less than one year, it shall be paid together with the return of the loan.

Legal basis] Article 673 of the Civil Code, if the borrower fails to use the loan in accordance with the agreed purpose of the loan, the lender may stop issuing the loan, withdraw the loan in advance, or terminate the contract.

Complain to the operator.

The collector is also afraid of being reported by the debtor, so he does not dare to harass all the contacts too much. will only find your recent frequent contact **to harass,** text messages, and even run to add WeChat. Here you just need to open the phone settings - Privacy - Permission management - ** (Contacts) - Read Call Status.

If a third-party platform is found to have leaked privacy, it is possible to report a complaint. If you notice that your directory is frequently exploding, it must be reading your directory and leaking your privacy to a third party. In this way, you can file a complaint with the reporting company.

Lending Industry:

Collection is a civil act to remedy bad debts or personal arrears. The two parties to the collection are the creditor and the debtor. If Lu Chun is unable or unwilling to repay the debt, the collector will exert pressure on it through some civil methods to urge it to perform its debts.

The goal of collection is "bad debts", and when enterprises or individuals are unable to recover bad debts or arrears, the collection industry was born. As the saying goes, "there is borrowing and repaying", but since human society has economic exchanges and borrowing relationships, it is "borrowing may not be repaid".

As early as the Tang Dynasty, there were laws in China that bound those who could not fulfill the contract and repay the loan. In the 26th volume of the Tang Law, the miscellaneous law stipulates: "If all debts are not repaid in violation of the deed, they will be punished for 20 days."

Two. 10 and 20 days plus 1 degree, the rod of sin.

Six. 10. Thirty boils plus two classes.

Ways to prevent the collection of explosive address books:1. Distinguish whether the loan platform is formal or not. Generally for illegal usury.

There is no policy of deferring repayment, but if you are temporarily unable to repay, you can communicate with customer service first and try it;

3. Contact the emergency contact in advance. If the negotiation with customer service to postpone repayment fails, in order to prevent irregular collection agencies, you can contact the emergency contact person in advance and inform them not to answer strangers for the time being**;

4. Sincere and collection communication. If the collection still threatens to explode the address book, then you can leave evidence here for later use;

5. Complain to the platform's customer service for collection. You can keep the evidence and directly complain to the platform's customer service for collection;

6. Complain on major online complaint platforms.

2. Negotiate with customer service in advance to postpone repayment. Unless there are special circumstances, the general loan company Hengkuan does not have a policy of deferring repayment, but if you are temporarily unable to repay, you can communicate with customer service first and try it;

3. Contact the emergency contact in advance. If the negotiation with customer service fails to postpone repayment, in order to prevent irregular collection companies, you can contact the emergency contact person in advance and inform him that the drafters should not accept Jingliang to listen to strangers for the time being**;

4. Sincere and collection communication. If the collection still threatens to explode the address book, then you can leave evidence here for later use;

5. Complain to the platform's customer service for collection. You can keep the evidence and directly complain to the platform's customer service for collection;

6. Complain on major online complaint platforms.

2. Collect evidence and report to various platforms and regulatory authorities, banks and credit cards mainly report to the China Banking and Insurance Regulatory Bureau, and online lending platforms mainly report to the Internet Finance Association of China and the Financial Regulatory Office. (Overdue, violently collected and exploded the address book?) You must know these complaint and reporting channels!

1. Call the police. According to the relevant laws and regulations, when the lender ** address book, himself, relatives or pot friends will have some confusion. The lender can then choose to collect direct evidence such as audio recordings, collect text messages, and go to the local public security department to select a police solution.

Under normal circumstances, the public security department will ask the other party to discuss and warn the collector to strictly prohibit the ** address book.

2. Prosecution. Under laws and regulations after March 2021, soft violence collection will benefit from the Code of Criminal Procedure. If the collection is carried out through harassment and threats to the association, which will endanger the normal daily life of the lender and his or her family, and make the lender and his relatives worry, it is a soft violence collection.

Lenders can choose a collector who will file a lawsuit immediately. where the circumstances are serious, the collector may be sentenced to up to three years in prison.

3. Negotiation. When the lender's address book is **, it indicates that the lender's loan is overdue for too long and the lender itself is unable to repay it. Lenders can also choose to contact the loan originator to show proof of their current economic difficulties, and then discuss repayment, etc.

Consequences of collection.

When the financial institution has failed to collect many times, the creditor has the right to sue the court to require you to repay, and even enforce the property in your name, or even auction your house, if you fail to pay off the debt on time, you will be listed as a dishonest person, unable to take the plane and high-speed rail transportation, and travel will be blocked. The dust cover can even limit high spending, and your children will not be able to attend high-fee private schools, and may even be sentenced to up to 7 years in prison for refusing to carry out a judgment or ruling.

In order to force the debtor to repay the loan as quickly as possible, the lending financial institution will adopt fancy collection behaviors such as exposing the address book, door-to-door violent collection or threatening and harassing to imitate friends, which will have a serious impact on close relatives, neighbors and workplaces, and will also have a serious impact on one's reputation.