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How long will China Merchants Bank's credit card expire and the bank will call home?
I. Solution for overdue credit card:
1. If the cardholder forgets to repay and finds it overdue, he must repay as soon as possible, preferably in full. Call the bank's credit card center and declare the non-malicious arrears. If the overdue time is short, the bank may not be a bad record.
2. When the credit card cannot be repaid due to unemployment, illness and other reasons, before the repayment period, the cardholder should take the initiative to get in touch with the bank credit card center, explain his financial situation, declare that he is not in bad faith, and apply for deferred repayment or installment repayment.
3. When the cardholder voluntarily applies for deferred repayment, the bank will often agree to defer repayment, and the bank and the cardholder will agree on a repayment plan acceptable to both parties. In this way, the bank will not record bad records, but it must repay on time after applying for an extension.
Two. Consequences of overdue credit cards
1. In case of overdue payment, there will not only be a late payment fee of 5% of the minimum unpaid part, but also a full penalty interest on the bill (the daily interest rate is 0.5 ‰, and the interest will be recovered from the day of consumption until the principal and interest are paid off), which will also lead to a bad credit record in the Credit Information Center of the People's Bank of China and make it difficult to apply for credit cards and bank loans within five years.
2. If it is overdue for more than three months or the bank urges you for more than two times, the bank will freeze your card, list you as a prohibited customer (blacklist), and will also sue you for credit card fraud and malicious overdraft, which will be enforced by the court. If a person refuses to repay after being sued, and the amount owed exceeds 1 000, the court will punish him for the crime of credit card fraud according to Article 1 96 of the Criminal Law.
Three. The Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management, saying that the bank's failure to repay the two collections in March was a malicious overdraft.
1. In the judicial interpretation, there are two restrictions on "malicious overdraft": first, the card-issuing bank makes two collections; Second, it is not returned for more than three months.
2. Because the crime of "malicious overdraft" is a deliberate crime, it has the subjective purpose of illegal possession and is a very important constituent element of this behavior.
3. The judicial interpretation clarifies the amount of "malicious overdraft", which refers to the money that has not been returned and has not been returned, excluding the late payment fee and compound interest charged by the issuing bank.
4. According to the criminal policy of combining leniency with severity, if the overdraft interest is repaid before the court decides or the public security organ files a case, it will be given a lighter punishment or criminal responsibility will not be investigated, so that the fraud of "malicious overdraft" will be investigated according to law, and at the same time, the warning and education function of the law will be exerted to minimize the scope of criminal attack.
Four, according to the provisions of Article 196th of the Criminal Law of People's Republic of China (PRC), "malicious overdraft" belongs to the crime of credit card fraud.
1. Article 266 of the Criminal Law, whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
2. Article 196 of the Criminal Law stipulates that if the amount of malicious overdraft is more than 654.38+million yuan but less than 654.38+million yuan, it shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 654.38+10,000 yuan and less than 1 10,000 yuan, it shall be deemed as "huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 6,543.8+0,000 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.
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