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Cash loan service fee plus interest over 36%, more than part of the prosecution to be back?

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

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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