What if someone else uses a credit card?

I apply for a credit card, but what if the money is used by others?

Credit card is a financial instrument with overdraft function, which is guaranteed by personal credit. Even if the credit card funds are used by others, the nominal holder of the credit card still has to bear the repayment responsibility, because when the credit card is issued, it is a credit card use contract signed by the credit card holder with the bank in his own name. To restrain and adjust the relationship between the credit card holder and the bank, the repayment obligation must be fulfilled according to the contract, otherwise it will constitute a breach of contract, and there is a risk of poor credit information and repayment records.

The credit card has been used by others, and they still don't return it. What should I do?

In this case, you need to negotiate with the other party. If the amount is large, you can file a lawsuit.

1. Credit cards can only be used by individuals according to regulations, and no one else can use them. If the amount is not large, you should repay it when it is due, and then collect debts from the other party. If the amount is too large to repay, please choose the minimum repayment amount or installment repayment. According to China's policy, even if someone borrows a credit card, they have to bear the debt themselves.

2. If someone uses their own credit card to spend money and doesn't pay back the money, it is suggested to pay off the credit card loan first, and then ask the other party for money. If the credit card is not paid off, the bank can make the cardholder bear the responsibility. If it is in arrears, it will cause high interest and credit problems. Negative information such as frozen credit cards, overdue payments, etc. will be recorded on personal credit cards.

3. There is no permanent record of negative information about overdue repayment in the personal credit report. China's credit history is currently five years. If the credit card loan is paid off, anyone can make a new credit record and start over. Whether you commit a crime or go to jail depends not only on the loan period, but also on the principal of the credit card loan.

According to Article 7 of the Measures for the Supervision and Administration of Credit Card Business of Commercial Banks, credit cards refer to all kinds of media that record the relevant information of cardholders' accounts, have the functions of bank credit line and overdraft, and provide relevant banking services for cardholders.

The credit card stipulated in the relevant laws of our country (Interpretation of the Provisions of NPC Standing Committee on Credit Cards) refers to the electronic payment card issued by commercial banks or other financial institutions with all or part of the functions of consumer payment, credit loan, transfer settlement, cash deposit and withdrawal, etc. 20 17 12 1 The English Translation and Writing Standard for Public Service was formally implemented, which stipulated that the English name of CreditCard was Credit Card.

Credit card consumption is a non-cash transaction payment method, which does not need to pay cash when spending, and repays on the bill date.

Credit cards are divided into credit cards and quasi-credit cards. Credit card refers to a credit card in which the cardholder has a certain credit limit and can spend first and then repay. Quasi-credit card refers to a quasi-credit card in which the cardholder deposits a certain amount of reserve fund according to the regulations, and when the balance of the reserve fund account is insufficient to pay, it can be overdrawn within the prescribed credit limit. Credit cards generally refer to credit cards.

From the date of 202 1 1 1, the credit card overdraft interest rate is determined by the card issuer and the cardholder through independent negotiation, and the upper and lower limit management of the credit card overdraft interest rate is cancelled (the original upper limit is 0.7 times of the daily interest rate, and the lower limit is 0.7 times of the daily interest rate).

On May 25th, 2002/KLOC-0, the Supreme People promulgated and implemented the Provisions of the Supreme People on Several Issues Concerning the Trial of Civil Cases of Bank Cards.

What should I do if my credit card is stolen?

First, freeze or report the loss in time. Call the official customer service phone of the issuing bank as soon as you find the credit card stolen, inform the abnormal transaction, and freeze the account or report the loss in time. If a third-party payment platform is involved, immediately contact the telephone to control the withdrawal of funds.

Second, report the case to the public security organ immediately. Keep the receipt of the box. Describe the stolen credit card in detail, and prove that the credit card is still kept by me, and the stolen credit card consumption is not my doing. Some payment institutions require cardholders to provide case receipts as proof of refusing transactions.

Third, it is fixed evidence. Immediately make a card transaction at the nearest ATM or POS to prove that the card is not lost on you and the fixed electronic evidence witness card is not separated. If the card has been frozen or lost, the card cannot be swiped successfully, and the card may be swallowed when trading through ATM. Please don't panic, just follow the relevant regulations of the bank.

4. Ask the bank to give important documents. Find a place with a fax machine, dial the customer service phone again with the fax machine phone, and ask the customer service to fax you two important documents. "Statement inquiry" and "Supplementary explanation of non-personal transactions".

To prevent credit cards from being stolen, we should pay attention to three aspects:

1. Keep it safe. Take good care of the credit card and the corresponding documents, the information and password on the front of the credit card, and the mobile phone number reserved when handling the card. Don't give your credit card to others, and don't tell others your password. For mobile banking or online banking, you should be vigilant when operating transactions and pay attention to account changes in time.

This is the standard payment. Go to a regular merchant to swipe your card. Pay attention to whether there are suspicious devices around when swiping the card, and keep a safe distance from others when entering the password to prevent the password from being peeked. Improve your vigilance against phishing websites, unsafe links and telephone calls, and don't enter passwords in an unsafe environment to avoid information leakage.

3. Just open a text message to remind you. Try to open the credit card SMS notification function and pay attention to it at any time, keep abreast of the changes in funds, improve the response speed and prevent the loss from increasing.

4. It is reasonable for users whose credit cards have been stolen for tens of thousands of yuan to refuse to repay. Of course, I'm not saying that if I did, I wouldn't have to pay this debt. In the event of fraudulent transactions, cardholders need to take immediate measures, including freezing accounts and reporting losses. When you can provide evidence that your credit card was stolen, you don't need to pay back the debt.

What if someone swipes my credit card?

1. According to the credit card contract, the credit card shall not be transferred to others, and all responsibilities arising from lending it to others shall be borne by the cardholder. If the credit card is overdue, it will affect your friend's credit history. If it is overdue for more than 3 months, the bank has the right to overdraw the cardholder (your friend) in bad faith according to Article 196 of the Criminal Law. The current relationship is a triangular debt relationship. Your friend borrows money from the bank and gives it to others. . At the instigation of your friend, the card used by others was authorized by your friend. \ \ Solution: Ask your friend to find the cardholder as soon as possible, and ask him to write a debit note or a credit card statement. Make up the arrears as soon as possible, return and keep the bank repayment voucher. Ask your friend to bring the debt and repayment voucher, and ask a lawyer to file a lawsuit against the cardholder and apply for enforcement.

What if someone else uses my credit card?

Someone else used your credit card and didn't pay it back. This situation requires you to negotiate with the other party. If the amount is large, you can file a lawsuit.

According to the regulations, credit cards can only be used by individuals, and no one else can use them. If the amount is not large, you can repay the loan when it is due, and then ask the other party for the arrears. If you can't pay off the full amount because of the large amount, you can choose the minimum repayment amount or installment repayment.

According to China's policy, if you lend your credit card to others, you still need to bear the debt yourself. So if the other party doesn't pay back the money, the cardholder can only try to communicate with the other party to solve it.

If you can't settle this debt, you can only bear it yourself in law.

According to the Management Measures for Credit Card Business issued by China People's Bank 1996, credit cards are only used by legitimate cardholders, and cardholders are not allowed to rent or lend credit cards and their accounts. Therefore, it is illegal to lend a credit card to others. If the cardholder insists on lending, all consequences arising from renting, transferring or lending the credit card shall be borne by the cardholder himself.

If someone cashes your credit card and then invests the cashed money, the consequences will be more serious, and if the circumstances are serious, they will be suspected. In particular, if the circumstances are serious, the overdraft principal is more than 50,000, and it will not be repaid after 90 days. After two effective collection failures, the bank will directly report the loss to the cardholder.

You can choose the other party, but the bad credit generated after the deadline will not be revoked.

What should I do if my credit card is stolen?

You should call the police and report the loss of your credit card. The cardholder does not need to repay the principal and interest owed by the stolen credit card. If it is determined that the credit card transaction involved is a fake card transaction. Then the principal and interest involved in this case are not caused by the cardholder's breach of contract, and the cardholder should not be liable for breach of contract. However, if the cardholder fails to report the loss of the credit card after the transaction is abnormal and reports to the police, the resulting worry-free value-added service fee for using the card should be repaid.

legal ground

Article 264 of the Criminal Law

Crimes involving public or private property, involving a relatively large amount, or repeated crimes, entering houses, carrying weapons or pickpocketing, 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 and shall also be fined or confiscated.

So much for the introduction of how others use credit cards.