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Is it legal to send malicious collection messages on online loans?
1. Is it legal to send malicious short messages through online loans? At present, the domestic collection market is very large, and large and small collection companies have sprung up. There are three influential collection companies in Chinese mainland, which are from Hong Kong, Japan and the United States. They are the benchmark of the industry and the preferred partner of major banks and auto finance. However, in the process of collection, some collectors' behaviors are still illegal, and abusive and threatening behaviors still exist. Intimidation, verbal abuse, posting posters, painting and illegal detention are absolutely unacceptable. In the process of collection, it is illegal to disclose the debtor's loan information or other information to a third party at will. Secondly, how to correctly use the law to protect the legitimate rights and interests of collectives and individuals in the process of expropriation. The nature of P2P loan service platform and small loan company is different, and the law on which the legal judgment is based is also different when the overdue person files a lawsuit. If the money borrowed through the P2P loan service platform violates the loan agreement with the lender, the legal basis for bringing a lawsuit is Article 224 of the Criminal Law: for the purpose of illegal possession, in the process of signing and performing a contract, fraudulent means such as fictional facts or concealing the truth are adopted to defraud the parties' property, and a large amount of behavior is called "contract fraud crime". Second, what should I do if the online loan is overdue? 1, personal information is incorrect, and fake loans can all fall into this category. As long as you have any objection to these false information, you can go to the local people's bank to file an objection application, and usually you can get a reply within 15 working days. This kind of bad overdue will be eliminated immediately. 2. Within 20 days, loans overdue took the initiative to pay the principal and interest in arrears and called the bank to explain that he had no malice. (1) overdue due to reasons other than its own, but caused by a third party organization. For example, if the credit card is not activated, you can ask the bank to issue a non-malicious overdue certificate. With this certificate, the loan application and bid will not be affected; (2) Some banks have their own time tolerance policies. If you can pay the arrears and late fees within 1-3 natural days, these overdue payments will not be recorded in the credit information. However, different banks have different regulations on timely repayment, so Weizhen still advises you not to take this risk; (3) If it is an overdue record generated by a credit card, do not cancel the card immediately, but continue to use it. The reason is that credit card repayment will show the rolling record of the last 24 months in the credit report. If you continue to use it, the overdue period of 24 months ago will be cleared, and once the card is cancelled, it will be kept there for a long time. 3. In the first case of more than 20 days in loans overdue, the bank has not submitted your bad record to the People's Bank of China. After active repayment, take the initiative to contact the bank to inform the reason for the overdue, and the overdue record is expected to be eliminated; In the second case, bad records have appeared in the central bank's credit report. What you need to do is to pay back the principal and late fees immediately and continue to maintain good credit habits. After five years, your personal credit will repair itself. In addition, any small advertisement under the banner of spending money to eliminate bad credit information is a liar, because even bankers don't have this right. To sum up, you must pay off the online loan in time, so as not to be overdue and cause trouble to yourself, your relatives and friends. At the same time, in the face of overdue online loans, you can take the initiative to contact the staff to explain the reasons, pay attention to your attitude, and communicate with the other party about the repayment date. In the process of collection, if personal privacy is leaked, you can also make a complaint.
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