- The highest law governs the private lending rate: more than 36% is partially invalid On the morning of August 6, the Supreme People's Court held a press conference and issued the "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases." This provision was adopted by the Supreme People's Court Judicial Committee at its 1655th meeting on June 23, 2015;
- Supreme Law: Private lending rates over 36% are partially invalid! Brief summary! In the past 20 years, private lending has been applied for 94 years of judicial interpretation and 95 years of loan general rules, against the gray era of private finance! The Supreme Court’s judicial interpretation officially issued a document for the private loan; the general rule of loans went into history! Inter-enterprise lending is not always valid! For the people...
- Beijing cash loans across the board: no licenses are banned, the comprehensive rate does not exceed 36% Recently, the Beijing Mujin Association held a closed meeting on cash loans to discuss the cash loan supervision program. According to informed sources, Beijing financial institutions leaders put forward the following requirements for cash loan supervision: 1. No lending license or p2p platform, all engaged in cash lending;
- Heavy! Shanghai Huangpu District has a big move to rectify cash loans: interest rates must not exceed 36% Recently, the Huangpu District Internet Financial Risk Special Rehabilitation Office held a closed-door work conference. At the meeting, the Huangpu District Financial Office Remediation Office announced the national Internet financial rectification regulations to 24 mutual gold enterprises. In addition to reaffirming that mutual gold enterprises must achieve double commitments, Huangpu...
- Campus cash loan cost explosion table Part of the platform actual annual interest rate is over 70% The amount of cash loans is generally not high, and the interest expense for a loan of 1,000 yuan per month may be several tens of yuan. But calculated, the actual annualized interest rates of these products are very high, some have reached 60% to 70%, and some even higher. Related reading This type of cash loan...
The cash loan service fee plus interest is over 36%. Can more than the part be sued for return?
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;
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