- The highest control of private lending rates: more than 36% partially invalid On the morning of August 6, the Supreme People's Court held a press conference and promulgated the "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases." This requirement was passed by the 1655th meeting of the Supreme People's Court Judgment Committee on June 23, 2015; provides that ...
- Supreme Law: Private lending rates over 36% partially invalid! Brief summary! For 20 years, private lending has been subject to 94 years of judicial interpretation and 95 years of loan general rules, the era of civil financial gray! Supreme Court interpretation of the judicial interpretation of the official name for private lending; general loan into history! Inter-company lending is not invalid! To the people ...
- Beijing cash lending across the board: no license will be banned, the integrated rate does not exceed 36% Recently, the Beijing Mutual Gold Association called for the opening and closing of cash lending meetings to explore cash loan supervision and control programs. According to informed sources, leaders of Beijing's financial institutions put forward the following requirements on cash loan supervision: 1. No loans or p2p platforms are banned for cash loans; ...
- Heavy! Huangpu District, Shanghai large recruit cash loans: the interest rate shall not exceed 36% Recently, Huangpu District, Internet financial risk special rectification office held a closed-door working conference. At the meeting, Huangpu District Financial Office Office of remediation to 24 mutual-owned enterprises preached the national Internet financial regulations, in addition to reiterate the mutual Jin enterprises must achieve double-drop commitment, Huangpu ...
- Campus cash loan cost burst Table part of the actual annual interest rate over 70% The amount of cash loans are generally not high, the pen one month interest charges pen 1000 may be tens of dollars. However, the actual annualized interest rates of these products are very high, some of which have reached 60% to 70%, and some are even higher. Related Reading Such Cash Loans ...
Cash loan service fees plus 36% over interest, more than some can sue to back it?
Now more than 36% of interest on loans can be claimed back to the majority of people are well known, this view from the "Supreme People's Court on the trial of civil law cases on the application of some of the provisions of the" Article 26 interest rates agreed by both lenders and creditors did not exceed 24% Where the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it.
The interest rate agreed upon by both lenders and borrowers exceeds the annual interest rate by 36%, and the interest on the excess part of the agreement is invalid.If the borrower requests the lender to return the interest already paid in excess of 36% of the annual interest rate, the people's court shall support it.
In fact, "the service fee + more than 36% of interest can not be returned to exceed the part?" The most important issue depends on whether the two sides signed an intermediary contract or a loan contract, if it is an intermediary contract, according to "Contract Law of the People's Republic of China" Chapter 23 provides that an intermediary contract shall mean the intermediary who shall report to the principal an opportunity to conclude a contract or provide a medium service for the conclusion of the contract and a contract for payment of remuneration by the principal.
If the contract with the borrower is not a lender but an intermediary, the intermediary provides media services for the borrower and the borrower, then the service fee should be an intermediate payment and not an interest. If you sign a loan contract, then all costs should belong to the interest, more than 36% of the part can require the lender to return.
According to the Supreme People's Court released on August 6, 2015 << Supreme People's Court on the trial of civil law issues related to the application of a number of issues >> provisions of Article 26 (below), is to be back!
The agreed interest rate of the lender and the lender does not exceed 24% of the annual interest rate, and the lender requests the borrower to pay interest at the agreed interest rate, and the people's court shall support it.
The interest rate agreed upon by both lenders and borrowers exceeds the annual interest rate by 36%, and the interest on the excess part of the agreement is invalid. If the borrower requests the lender to return the interest already paid in excess of 36% of the annual interest rate, the people's court shall support it.
However, the actual operation is almost never come back for the following reasons:
1, any legal arbitration requires cost and time to implement, but usually a small amount of cash loans, unable to support the implementation of the arbitration;
2, in most cases compared with the cash loan platform, individuals in a vulnerable situation, unable to prove;
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