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The cash loan service fee plus interest exceeds 36%. Can you surrender more than part of the service fee?

Time: 2018-01-14         Source: Financial 360 finishing         Author: JA

Now that the loan interest exceeds 36%, it can be requested that the return is familiar to most people. This view is derived from the “Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases.” Article 26 The interest rates agreed between the lender and the borrower do not exceed 24% per annum. If 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 lender and the borrower exceeds the annual interest rate of 36%, and the excess interest agreement is invalid.If the borrower requests the lender to return the interest that has been paid for more than 36% of the annual interest rate, the People's Court shall support it.

        

In fact, "service fees + interest can exceed 36%, can we go back more than some?" The most important issue depends on whether the two sides sign an intermediary contract or a loan contract. If it is an intermediary contract, it is based on the "PRC Contract Law." The provisions of Chapter 23, Intermediary contracts, refer to the contract where the intermediator reports to the client the opportunity to enter into a contract or provides media services for concluding the contract, and the principal pays the remuneration.

It is not the lender but the intermediator who signs the contract with the borrower. The intermediator provides the media service for the lender and the borrower. The service fee should be regarded as intermediation pay and not counted as interest. If you are signing a lending contract, then all fees should belong to interest, and more than 36% of the part can require the lender to return it.

According to Article 26 of the “Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases” issued by the Supreme People's Court on August 6, 2015 (below), it is possible to come back!

The interest rate agreed between the two parties does not exceed 24% of the annual interest rate. If 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 lender and the borrower exceeds the annual interest rate of 36%, and the excess interest agreement is invalid. If the borrower requests the lender to return the interest that has been paid for more than 36% of the annual interest rate, the People's Court shall support it.

However, the actual operation will almost never come back for the following reasons:

1. Any legal arbitration requires cost and time to implement, but usually the amount of cash loans is small, and it cannot support the implementation of the arbitration;

2. In most cases, individuals are in a weaker position than cash loans, and no evidence can be given.

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