Joke Collection Website - Public benefit messages - How to solve the problem when the collection phone keeps calling?
How to solve the problem when the collection phone keeps calling?
Solution: 1 Call the police. If the borrower continues to be harassed by collection calls, which has affected his normal life, and even his family and friends have access to the address book, then he can collect evidence, record and call the police. According to the regulations, any collection personnel shall not influence borrowers and their families through soft and violent means such as harassment and threats. If soft violence occurs, the public security organ has the right to deal with it, and the collector may bear criminal responsibility. 2. The general complaint platform has no effect on online loan collection. You need to find the CBRC and directly complain about the online lending platform. Whether it is the collection staff of the online loan platform's own department or the third-party collection agency entrusted by it, it is unreasonable as long as it is collected by phone more than three times a day. In this case, the borrower can record, SMS screenshots, and complain to the China Banking Regulatory Commission by mail or telephone. 3. Prosecution As long as the borrower can produce enough evidence to prove that the collection personnel did use some violent means in the collection process, they can choose to sue directly. The object of prosecution can be the online loan platform or the collection personnel. The court will accept the lawsuit after receiving it. The court will also organize online lending platforms to conduct private consultations with borrowers. According to Article 673 of the Civil Law of People's Republic of China (PRC), if the borrower fails to use the loan according to the agreed purpose, the lender may stop issuing the loan, recover the loan in advance or terminate the contract. Article 674 The borrower shall pay interest at the agreed time limit. If the time limit for paying interest is not stipulated or clearly stipulated, and cannot be determined according to the provisions of Article 510 of this Law, if the loan period is less than one year, it shall be paid together with the loan; If the loan term is more than one year, it shall be paid at the end of each year; if the remaining term is less than one year, it shall be paid together with the loan. Article 676 If the borrower fails to repay the loan within the agreed time limit, it shall pay the overdue interest in accordance with the agreement or the relevant provisions of the state.
legal ground
Article 673 of the Civil Code of People's Republic of China (PRC): If the borrower fails to use the loan according to the agreed purpose, the lender may stop issuing the loan, recover the loan in advance or terminate the contract.
Article 676 of the Civil Code of People's Republic of China (PRC) If the borrower fails to repay the loan within the agreed time limit, it shall pay the overdue interest in accordance with the agreement or the relevant provisions of the state.
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