36% higher, no need to pay it back?
According to the provisions of the Supreme Court, the annual interest rate agreed by both lenders and borrowers should not exceed 24%, which should be supported; The agreed interest rate of 24%-36% between borrowers and lenders is a gray area. If the interest rate agreed by both borrowers and borrowers exceeds 36%, it will be classified as usury and will not be supported.
However, should the interest above 36% be paid back now?
The answer is no.
However, in practice, before the introduction of the new regulations, the comprehensive annual interest rate of the loan project exceeded 36%, and the contract still needs to be continued. Unless more than 36% of the lending platform reaches an agreement through negotiation, the repayment will be made according to the new agreement between the two parties.
If the excess part is returned unilaterally, it may enter the credit information system and become a credit stain.
In addition, in most cases, compared with the cash loan platform, individuals are in a weak position and cannot provide evidence.
How to deal with violent collection?
Violent collection is the focus of today's regulatory crackdown, and it is clearly required that violent collection is not allowed. In fact, although the intensity of violent collection on the cash loan platform is much lower than before, the pressure of collection has not been completely eliminated.
Please keep in mind that the following behaviors of the collection personnel belong to violent collection:
1. Calling relatives or friends in the borrower's address book without the borrower's permission, harassing for many times;
2. Intimidate or threaten the borrower or relatives and family members of the address book by means of WeChat or SMS;
3. The borrower calls more than 3 times within one day after the deadline;
4. The borrower's overdue collection is not from 8: 00 am to 9: 00 pm;
5. Disclosure of personal information of the borrower;
6, to the borrower's home or work unit collection caused serious damage to personal reputation;
7. After overdue, the overdue fee is higher than the overdue interest rate stipulated by the People's Bank of China;
8. Induce borrowers to borrow from other platforms to repay the loans of this platform;
9. Use illegal software SMS to bomb the borrower's mobile phone number;
10, posing as a staff member of the state law enforcement agency to intimidate borrowers, violently accepting money and other illegal acts.