Information > General article > Raiders channel > Unsecured loan >  text

The cash loan service fee plus interest is over 36%. Can more than the part be sued for return?

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

Now that the interest on borrowings exceeds 36%, the return can be claimed by most people. This view comes from the provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in Private Lending Cases. Article 26 The interest rates agreed by the borrowers and the lenders 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 by both the borrower and the lender exceeds the annual interest rate by 36%, and the excess interest agreement is invalid.If the borrower requests the lender to return the interest that has been paid more than 36% of the annual interest rate, the people's court shall support it.

        

In fact, "service fees + interest more than 36% can go back more than?", the most important issue depends on whether the two parties signed an intermediation contract, or a loan contract, if it is an intermediation contract, according to the "Contract Law of the People's Republic of China" The provisions of Chapter 23, the intermediation contract, refers to the intermediary who reports to the client the opportunity to conclude a contract or provides the media service for the conclusion of the contract, and the principal pays the contract.

The contract with the borrower is not a lender but an intermediator. The intermediaries provide media services for the lender and the borrower. This service fee should be intermediary and not counted as interest. If you sign a loan contract, all expenses should be interest, and more than 36% can ask the lender to return.

According to the provisions of Article 26 of the Supreme People's Court's "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Examination of Private Lending Cases" issued by the Supreme People's Court (below), it is possible to return!

If the interest rate agreed by the lending party does not exceed 24% per annum, and the lender asks the borrower to pay interest at the agreed interest rate, the people's court shall support it.

The interest rate agreed by both the borrower and the lender exceeds the annual interest rate by 36%, and the excess interest agreement is invalid. If the borrower requests the lender to return the interest that has been paid more than 36% of the annual interest rate, the people's court shall support it.

However, the actual operation process almost never comes back, for the following reasons:

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

2. In most cases, compared with the cash loan platform, the individual is in a weak situation and cannot provide evidence;

[Exclusive Manuscript and Disclaimer] Any work, such as "360 Original", without the written authorization of 360, may not be reproduced, extracted or otherwise used by any unit, organization or individual. If you have been authorized in writing, please indicate the source of 360. Anyone who violates the above statement and infringes on the legal rights and interests of Rong 360 shall be investigated for legal responsibility according to law. The materials and conclusions in the works are for user's reference only and do not constitute operational recommendations. To obtain written authorization, please send an email to: academy@rong360.com

Comment list (user comments are only for users to express their personal views, does not mean that the site agrees with its views or confirms its description)
you may also like