Collecting hundreds of questions and answers about debt collection and negotiation after overdue online loan credit cards (1)

In modern society, the awareness of advanced consumption has generally increased, and overdraft payment has become a common consumption method for more and more people, which will inevitably lead to a repayment crisis. Some people even choose to use loans to support loans or even borrow loan sharks when faced with overdue difficulties. As a result, the debt snowball gets bigger and bigger...

After an online loan or credit card is overdue, the first thing you face is It’s about debt collection. Below I have compiled some questions and answers about debt collection. I hope it will be helpful to you.

Adjusting your mentality and getting rid of worries are prerequisites

After a credit card/online loan is overdue, the first thing you worry about is definitely the following issues:

(1) Worry My address book was exposed, and I and my family were harassed endlessly

(2) Worry about being prosecuted and facing criminal liability

Let’s talk about these two issues first:

(1) There is no use worrying about being harassed by debt collectors. As long as it is overdue, you will be debt collectors no matter what. Instead of scaring yourself, it is better to calm down, understand what debt collectors will do to you, and carefully sort out your debts. And make plans for the future.

(2) The lawsuit must be filed after at least one account period. The bank uses three months as an account period, which means that at least three months of collection are required. In order to avoid collection, most debtors refuse to answer the phone or simply change their phone numbers. Doing so can easily be deemed as malicious debt evasion and may result in direct prosecution.

Make sure that the mobile phone number you submitted when applying for a loan is open, and face collection calls calmly. Otherwise, once the other party determines that you maliciously evaded the debt, the collection methods will be directly upgraded.

About whether he will go to jail. Unsecured credit loans such as credit card online loans are handled only through an ID card. No matter how large the amount is, it is a civil dispute. Many people struggle with whether the amount is more than 50,000 yuan or less. In fact, as long as you meet the four major conditions for credit card fraud, you may be jailed even if the amount is not more than 50,000 yuan.

Conditions for the crime of credit card fraud: 1. Malicious overdraft; 2. Not wanting to repay the debt at all and evading the debt; 3. Effective collection by the bank more than twice.

So as long as you are not trying to avoid repayment, it is difficult to commit the crime of credit card fraud.

Whether it is a crime or not is not the final say in collection. What they say is still one of the collection methods, and the purpose is to get you to pay back the money. Now the judiciary requires "whoever claims to give evidence"! If they say you are suspected of credit card fraud, they will have to produce evidence of your crime, and the evidence must be recognized by the court. If you maliciously overdraft knowingly that you have no ability to repay, you need to say it in person. The debt collector can obtain your words through phone recordings as effective evidence, and then they can charge you with fraud!

In order to avoid saying the wrong thing and causing unnecessary trouble for yourself, it is better to answer the phone but speak less. During the call, you only need to truthfully explain the reasons for the current difficult situation that lead to the inability to repay the loan. , to avoid being tricked by the other party. As long as you clearly express your willingness to repay, going to jail will scare you!

What is the process for overdue collection?

(1) Bank customer service collection: In the early stages of credit card overdue, bank collection is mainly based on SMS reminders. When half a month is overdue, the user customer service will call you to remind you to repay.

(2) Collection by the bank collection department: If the debt is overdue for more than one month, the debt will be transferred to the bank's internal collection staff for collection with a tougher attitude than the bank's customer service. If the cardholder refuses to answer the call, the collection will also be Call your emergency contact for assistance with repayment.

(3) Collection companies: If the debt is overdue for a long time, or when faced with bad debt customers, banks will directly package the debts to third-party collection companies. In order to recover the debts, these collection companies have to deal with many phone calls. In addition to bombing, there may also be door-to-door collection.

(4) Report personal credit report: As long as the credit card is overdue for one day, corresponding interest will accrue. At the same time, the bank will leave a stain on the personal credit report, affecting subsequent enjoyment of other financial services.

(5) Legal procedures: If the loan is overdue for more than three months and the bank still fails to repay it after two collections, the bank can directly sue the court. Depending on the overdue situation, cardholders will face civil and criminal penalties.

After understanding the collection process after credit card overdue, I also remind everyone not to be overdue and repay on time. Even if it is really overdue, you must negotiate with the bank for interest-free installment repayment as soon as possible, and repay within your ability. payment and reduce debt pressure.

Negotiate repayment, but the bank says it doesn’t have this business?

Negotiated repayment is a folk saying, and in legal terms it is called "personalized installment repayment" or "secondary installment business." The customer service said they don't have this business. First, you didn't find the real "customer service". It was a collection and you were deceived. The second is that the bank is unwilling to negotiate and deliberately shirks it to the collection department or refuses. You should insist on this. Also, before negotiating, you must do your homework and understand why you want to negotiate? Why did the bank agree? What is the basis for consent.

If you think your financial resources allow it, you can still repay the installment, even if the bank doesn't negotiate with you about the installment. You can still withdraw it and hope that the other party will give you a certain amount of time to repay it in up to 60 installments over one, two or three years.

Note that what you are negotiating with the bank is to "reach a personalized installment repayment agreement." It is recommended not to mention the term "suspended interest payment". There is no such term "suspended interest payment" in the "Commercial Bank Credit Card Supervision and Administration Measures". Customer Service You will often be rejected on the grounds that you don’t have the business.

How to communicate with the bank to negotiate repayment?

(1) Indicate the special circumstances of your overdue application.

For example, if your business fails, you have an accident, you are unemployed and have no income, you are sick, etc., the more special the situation and the more difficult the situation, the easier it is to talk about it, but don't make up lies, because the bank will verify it.

(2) Exceeding repayment ability.

Proof of poverty in the place of residence, and credit report showing that many financial institutions are overdue, are considered proof of exceeding the repayment ability.

(3) Show your willingness to repay.

Answering the phone, or even taking the initiative to call the bank to complain about the difficulties, to explain that the real situation is not to default on the loan, is an act that shows that you are still willing to repay the loan.

(4) Negotiation on an equal footing.

As a profit-making financial institution, a bank is an enterprise with many debtors. According to the bank's own internal plans and work processes, it is normal that it will not easily agree in the early stages of overdue payments. The "Measures" do not say what banks are required to do. The key is still the word negotiation. At any time, the bank’s first priority must be the opinion of the higher-level competent authority, the China Banking and Insurance Regulatory Bureau. Then there is feedback on internal work processes such as multiple phone calls, multiple text messages, home visits, sending lawyers' letters and other collection methods. Finally, after comprehensive consideration, the debtor's personal wishes will be considered.