Is the loan repaid in 800.7 days 1000 a high-interest product?

1000' s loan is 800 yuan, and the seven-day repayment is usury.

The loan 1 000 yuan is actually paid in 800 yuan, and the interest is 200 yuan for seven days. The monthly interest rate is:

200÷ 1000÷7x30 days =85.7%.

Far more than the legal interest rate stipulated by the Supreme Court, it is usury.

According to the provisions in the Notice of the People's Bank of China on Banning Underground Banks and Combating usury, the interest rate of private personal loans shall be determined by both borrowers and borrowers through consultation, but the interest rate determined through consultation between the two parties shall not exceed 4 times (excluding floating) the loan interest rate of financial institutions of the same grade at the same period announced by the People's Bank of China. Those who exceed the above standards should be defined as high-interest loans.

The Supreme People's Court's "Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases" stipulates in Article 26:

If the interest rate agreed between the borrower and the borrower does not exceed the annual interest rate of 24%, and the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it.

The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid. The people's court shall support the borrower's request to the lender to return the part of the interest paid that exceeds 36% per annum.

As can be seen from the above, since the Supreme People's Court's Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases came into effect on September 1 2065, the standard of usury is no longer based on whether it exceeds the annual interest rate of 24%, but on whether it exceeds 36%, that is to say, it is not usury.

Relevant laws:

"Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases" Article 25 If the borrower and the lender have not agreed on interest, the people's court will not support it.

If the interest agreement between natural persons is unclear and the lender claims to pay interest, the people's court will not support it. Except for the loan between natural persons, if the agreement between the borrower and the lender on the loan interest is unclear, and the lender claims interest, the people's court shall determine the interest according to the contents of the private loan contract, the local or the parties' trading methods, trading habits, market interest rates and other factors.

Article 26 If the interest rate agreed between the borrower and the lender does not exceed the annual interest rate of 24%, and the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it.

The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid. The people's court shall support the borrower's request to the lender to return the part of the interest paid that exceeds 36% per annum.

Article 27. The loan amount specified in debt certificates such as IOUs, receipts and IOUs is generally recognized as the principal. If interest is deducted from the principal in advance, the people's court shall confirm the actual amount lent as the principal.

Article 28 After both borrowers and borrowers settle the principal and interest of the previous loan, they will include the interest in the principal of the latter loan and issue a new certificate of creditor's rights. If the previous interest rate does not exceed the annual interest rate of 24%, the amount specified in the reissued creditor's rights certificate can be confirmed as the later loan principal. Excess interest cannot be included in the future loan principal.

If the agreed interest rate exceeds the annual interest rate of 24%, and the parties claim that the excess interest cannot be included in the later loan principal, the people's court shall support it.

According to the calculation in the preceding paragraph, the sum of the principal and interest payable by the borrower after the expiration of the loan term cannot exceed the sum of the initial loan principal and the interest of the whole loan term calculated at the annual interest rate of 24% based on the initial loan principal. If the lender requests the borrower to pay the excess, the people's court will not support it.

Twenty-ninth borrowers and lenders have agreed on overdue interest rates, which shall be implemented in accordance with the agreement, but the annual interest rate shall not exceed 24%.

If the overdue interest rate is not agreed or clearly agreed, the people's court may handle it according to different circumstances:

(1) The lender claims that the borrower should pay the interest during the period of capital occupation at the annual interest rate of 6% from the date of overdue repayment, and the people's court should support it because the interest rate during the loan period has not been agreed;

(2) If the interest rate during the loan period is agreed, but the overdue interest rate is not agreed, the people's court shall support the lender to claim that the borrower shall pay the interest during the capital occupation period according to the interest rate during the loan period from the date of overdue repayment.

Extended data:

Related reports:

In recent years, cash loans have catered to the consumption needs of many young "hands-chopping people" with its flexible, convenient and low-threshold borrowing methods, thus making a sudden appearance in Internet finance. However, it seems simple, fast and low interest, but it is just a cover for temptation. The handling fees, service fees or other expenses hidden in the contract under various excuses make the loan discounted first and raise the interest rate in disguise. Many platforms have annualized interest rates exceeding 100%, and what's more, they are called "network usury".

Although the regulatory authorities have repeatedly asked for rectification and many illegal institutions have withdrawn, there are still many "lending institutions" that are neither licensed nor filed, and provide cash loan services through cooperation with banks, trusts, licensed consumer finance companies and small loan companies.

Experts called on the regulatory authorities to register "lending institutions" with similar intermediary nature, strengthen the obligation to disclose key information on the platform, formulate a "negative list", strengthen supervision after the event, and improve the industry access threshold.

"Lianhuantao" traps the juvenile "Chopper"

All you need is an ID card and you can get the money in 20 minutes. Unsecured and unsecured cash loan APP has quickly become popular in the era of mobile Internet, becoming a "bank on mobile phone" for many young people. Zhang Bing (pseudonym), who is studying in a university in Yunnan, started to borrow money from the cash loan APP from 2065438+February 2006 in order to buy brand-name shoes and watches. The first loan is only 1 1,000 yuan. Because the daily expenses are relatively large, the loan is still not paid, and I dare not ask for money from my family. I have to borrow more money from other cash loan apps to make up for a loan hole. As a result, the debt chain is getting longer and longer.

"I began to feel that cash loans came quickly. Some platforms arrive in one day and some platforms arrive in two hours. " According to Zhang Bing's memory, he downloaded 70 or 80 cash loan apps on his mobile phone, and borrowed almost one third in just one and a half years. But for "robbing Peter to pay Paul", I was saddled with a debt of more than 70,000 yuan.

"This is not a small sum for a rural family," Zhang Bing's uncle said in an interview. "We didn't know that he was wearing a famous brand. We didn't know he was involved in cash loans until he didn't pay the bill and confessed to his family. Although his parents paid all the debts for him, they felt very sad and were cheated by their children for so long. "

Li Na (a pseudonym), a junior, was originally a rich girl. After her family went bankrupt, she didn't change her habit of spending money lavishly. Under the introduction of a friend, she began to borrow money from the cash loan APP, and the nightmare began.

"In the past, my family gave me two or three thousand yuan for living expenses. After bankruptcy, the monthly living expenses are only a few hundred yuan. I don't want people around me to see jokes. What high-end cosmetics were used before, what are you using now, and buy a lot of clothes. " Li Na told reporters, "The cash loan APP is easy to borrow money. I borrowed so many pens that I couldn't count them. Finally, I don't remember how much I owed. Now that I think about it, I am really blind and regret it. "

Li Na borrowed money from thirty or forty cash loan apps, and the debt snowballed, and finally she couldn't help it. Dunning calls from various platforms called her family and friends, claiming to blow up her address book. The family tried their best to help her pay back nearly 300 thousand, but so far they have not paid back all of them.

Other platforms deliberately guide students to borrow money from other platforms to pay off debts. Zheng Ming, a lawyer of Guangdong Shenglun Law Firm, told the reporter that a female college student once sought legal advice because she owed 1.3 million yuan, of which 1.4 was a cash loan. One platform led her to borrow money from another platform to pay off her debts, which led to more and more debts.

Strong loan demand has promoted the rapid growth of the cash loan market. According to the statistics of the third-party online loan home research institute, there are currently more than 1000 apps in the Android market doing cash loan business. On April 7, 2065438, the cash lending platform ranked first in the Android market 100 was downloaded about 800 million times, while on April 7,11,the statistical data was about18.49 million times.

Use various excuses to replace interest with handling fees to raise interest rates.

Some college students and "migrant workers" are inexperienced, lack financial and legal knowledge, and are easily deceived by beautiful advertisements. Chen, director of the Internet Finance Committee of Shenzhen Lawyers Association, said that some cash lending platforms have low borrowing thresholds and the NPL ratio is difficult to control. The defect rate of some platforms is as high as 50% to 60%. In order to cover the non-performing rate, only by raising interest rates and handling fees, young people are easily attracted by the "zero threshold" and ignore these traps in the contract.

Among them, the most common practice is to raise interest rates in disguise. Screenshots of mobile phone transaction records provided by Zhang Bing, Li Na and others show that these cash loan apps deduct fees from the loan principal in the name of collecting management fees, service fees, audit fees, etc., so that the actual loan amount received by the borrower is lower than the amount agreed in the loan contract, and the borrower's interest rate is increased in disguise.

For example, Zhang Bing borrowed 2,000 yuan from Su Yun Loan APP, which seems to have a monthly interest rate of 1.5%. After deducting the actual expenses, only 1.820 yuan was received, with a term of 3 months, and the repayment was 2,478.39 yuan, with an annualized interest rate of 1.47%. Li Na borrowed 1.900 yuan from the "Cash White Card" APP, and actually received 1.6 1.5 yuan, with a service fee of 285 yuan. The first installment 1.4 days, the repayment 1.976 yuan, and the annualized interest rate is as high as 583%.

According to the requirements of the central bank and the Supreme Court for private lending, the annual interest rate agreed by both borrowers and lenders shall not exceed 36%, and the interest agreement exceeding the part shall be invalid. However, in order to avoid risks, some cash lending platforms no longer display the specific details of service fees and overdue fees as soon as the loans are repaid.

In addition, the audit of a large number of cash loan platforms is not strict, and the audit of whether borrowers are students is ineffective.

On April 20 17, the Guiding Opinions on Risk Prevention and Control in Banking Industry was issued, which clearly stipulated that it was forbidden to provide online loan services to college students under the age of 18. But in practice, students only need to provide their ID cards and fill in some company information casually to get away with it.

"Although they are students, they can basically pass their ID cards. Some platforms require borrowers to fill in the company name, address and company contact information when borrowing money. I'll just search for one and fill it out. I won't be rejected. These are just formalities. If the money is overdue, the platform will say that I defrauded the loan and used false information. " Zhang Bing said.

Once the repayment cannot be made, the cash loan platform will take the way of "calling you to death" and blow up the borrower's address book. "This is really terrible. Sometimes I get a debt collection call at eleven or twelve in the middle of the night. " Zhang Bing said.

2065438+April 2007, the financial supervision department first mentioned the rectification of cash loan business; Beijing, Guangzhou and other places have also stepped up the pace of rectifying cash loans. According to Li Na and Zhang Bing, some of their lending platforms closed down after repayment, but other cash lending platforms still exist.

It is difficult to protect rights by hiding loan records.

There are not a few college students and young "migrant workers" who have suffered the consequences of cash loans, and extreme events are often seen in newspapers. In the interview, the reporter found that a considerable number of students caught in the cash loan scam came from poor families. In order to repay the debts brought by the "chain" of cash loans, they are under great mental pressure and psychological pressure. The difficulty of safeguarding rights is a dilemma faced by many college students who have been cheated by cash loans.

Xiaojin, a poor family in rural areas, owes online loans 12600 yuan. He was afraid to tell his parents and was afraid of being laughed at by his classmates. Xiaojin can only pay off his debts by working on his own. "He is harassed and urged by the loan company every day. Even threats have seriously affected my normal life. I once felt that I had mild depression. "

According to the dunning messages provided by several students, these financial companies have entrusted the dunning task to special dunning companies. These companies threaten college students with many threatening words. For example, it is necessary to go to the door to find family members, disclose personal bad credit records, "immediately enter the judicial process", "Lao Lai's name will follow three generations, and future generations will be affected at school", and online wanted, which makes many students in a state of anxiety and great mental stress.

"At first, I thought I had borrowed a small sum of money. As long as I find a part-time job during the holidays, I can still pay back the money. Later, I gradually discovered that my interest was too exaggerated. When I was working part-time, the dunning phone kept ringing, and I couldn't go to work with peace of mind. " Zhang Bing told reporters that although the family has helped to pay back the money, they still get calls from various loan companies every day asking if they need a loan.

Guo Kaiyuan, director of the Institute of Juvenile Law of China Youth Research Center, believes that, first of all, the unscrupulous online cash loan platform aggravates the economic difficulties of college students and their families, affects their study life, and even hinders them from successfully completing their studies; Some college students are afraid to tell their families that taking on debts alone will also form a psychological shadow, which will affect college students' judgment of social reality, produce negative self-blame, and even appear extreme behaviors such as suicide and self-harm.

Xu Songlin, deputy dean of the School of Law of South China University of Technology, believes that in recent years, "naked loans", "training loans" and cash loans have been targeted at students and migrant workers, mainly because they belong to vulnerable groups. Some unscrupulous financial companies have irregular management and lax review of lenders, and they dare to do anything as long as they can make money.

The difficulty of safeguarding rights is a dilemma faced by many college students who have been cheated by cash loans. Some legal people believe that the contract of cash loan is carefully designed, and the general court does not recognize the deduction of service fee or handling fee from the loan, but only collects the actual money to calculate the principal. However, in many loan contracts, the service fee is deducted by a third party, so it is difficult to find the violation. In addition, there is no agreement on what is too heavy in the legal provisions, which is generally discretionary by the judge. Only when the breaching party claims that the liquidated damages are too heavy will the judge adjust the relevant standards of liquidated damages.

In order to avoid risks, some cash lending platforms no longer show the specific details of service fees and overdue fees as soon as the loans are repaid, so it is difficult for borrowers to prove their rights.

Zhang Bing told reporters that some platforms will clearly indicate the monthly interest and daily interest, which makes people feel very formal and the interest is not high. But the final repayment, after careful calculation, is much higher than the marked one. There are also some platforms whose repayment records look very formal. How much to borrow, how much to write clearly, and the interest is also within the scope stipulated by the central bank. But in fact, "the extra management fee or audit fee will not be displayed on the transaction page at all."

Some applications don't show how much overdue fees the borrower has paid. Zhang Bing produced a detailed screenshot of the loan record, showing that he applied for a loan of 2,000 yuan on April 9, 2065/KLOC-0+065,438, and borrowed for 30 days, and the amount to be repaid was 2,290 yuan. He said that he was one day overdue and the actual repayment was close to 2400 yuan. But the details of the record don't show that he paid more.

Zhang Bing's uncle said, "We are also considering safeguarding rights through legal channels. But there are too many platforms involved and too many loans involved. Considering the time cost and litigation cost of litigation, it is difficult to defend rights one by one. "

People's Daily Online-Cash Loan APP has become a "network usury"