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Small loans, pits you have not discussed!
Small loan case
The loan contract amount of Mr. Liu (a pseudonym) in a small loan company is 73,000 yuan, and the actual amount is 40,000 yuan, divided into 24 periods, and the repayment of each period is 3625.7 yuan.
In the 16th period, such high interest pressured him to "go out of breath" and he began to wonder if the platform was "usury."
More than a year ago, someone introduced Mr. Liu to the loan company and submitted a loan application.
After completing the formalities, 40,000 yuan soon arrived at Mr. Liu's account.
Also returned to the 16th period, has accumulated a total of 5,801,200 yuan repayment, think of more than 29,004 yuan to be returned, Mr. Liu some "can not eat."
Mr. Liu found the loan contract. Mr. Liu’s contract loan amount is 73,000 yuan, of which 3,000 yuan is the “consultation fee”, and there are also “month service rate of 1.99%” and “monthly fee of 188 yuan”. Mr. Liu He said that at the time of the loan, he did not carefully study it and signed it.
In response to this case, the lawyer said: Mr. Liu’s annual interest rate for borrowing from the online lending platform has reached more than 45%. According to the provisions of Chinese laws, the people’s court generally does not support the annual interest rate of more than 24%.
Therefore, Mr. Liu only needs to use the actual loan principal amount as the base, and pay interest at the rate of 24% per annum.
As for the interest previously repaid, the portion that exceeds 36% of the annual interest rate may require the online loan platform to deduct.
If you encounter the "usury loan" inadvertently, you can change the terms of the contract and pay interest according to the interest rate standard supported by the law. If the online loan platform refuses to change the contract, the borrower can sue it to the court.
If you also encounter a loan-sharking phenomenon like Mr. Liu, please stop the repayment in time and change the terms of the contract with the other party.
If the other party refuses to change, you have 2 options:One is to prosecute them and get back more than 36% of the parts;
The second is to let them sue you and repay the portion of the principal +24% (in this case, the online lending platform is generally not willing).
Many loan friends have a weak legal awareness. They always feel that they are "missing money" in the first place (self-confessed to lose money). Most of the time, they face the high interest rate of the loan company and the violent collection can endure!
It is rare to use legal means to protect their rights and interests. It is this kind of forbearance that tolerates the non-performing lending institutions to some extent.
I hope that everyone will take up the legal weapons and protect their rights and interests.
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