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If the online lending platform is a lending institution, then the service fee is part of the interest; If the online lending platform is only an intermediary, then the service fee charged by the online lending platform should be an intermediary fee, not interest.

Baixiaorong Microfinance was established on 20 18, located in Dongguan City, Guangdong Province, and is an enterprise mainly engaged in monetary and financial services.

How is the service fee for online loans charged?

? The problem of service fee should be viewed from two angles, one is "project" and the other is "amount". "Project" refers to whether the whole service fee is reasonable. To understand this problem, it is necessary to clarify the legal status of P2P lending platform: P2P lending platform, also known as "peer-to-peer lending information intermediary", which is called "financial information intermediary" by CBRC.

? Its functions are information collection, information release, credit evaluation and credit matching ... So, don't think that you have a loan relationship with the online lending platform. In fact, the online lending platform is just an intermediary. According to the current contract law, there is an intermediary contractual relationship between you and the online lending platform. According to the Civil Code to be implemented next year, you have an intermediary contract relationship with the online lending platform. Of course, whether it is "intermediary" or "intermediary", it is the same thing. It is an intermediary, with you at one end and banks or investors at the other.

? According to Article 426 of the Contract Law, "If the intermediary facilitates the establishment of the contract, you are entitled to compensation", that is, the online lending platform matches you to reach a loan contract with the lender to obtain the service fee, which has a legal basis. You just have to pay interest, not the service fee, which means that the online lending platform has lived in vain. Therefore, the "project" of service fee is almost unreasonable. How to judge whether the amount is reasonable?

? We need to look at it from two aspects. One is whether the cost of using funds exceeds the upper limit prescribed by law, and the other is the principle of fairness in the contract law, that is, whether the "service" you provide me is worth this amount. If the cost of using funds exceeds the upper limit prescribed by law, the excess is directly unreasonable, and there is nothing to say.

? If the expenses do not exceed the upper limit prescribed by law, but the overall calculation is still on the high side, according to the relevant regulations, the borrower regards them as "service fees", "consulting fees" and "management fees". To charge interest or unreasonable fees in disguise, it may be reduced or exempted as appropriate according to the actual situation. However, in practice, it is difficult to do this. Did not exceed the upper limit of the law.

Does the online loan fee count as interest? This is actually illegal!

; ? Since the rise of online lending a few years ago, most people have borrowed money through the internet and obtained loans with personal credit. However, many people don't know much about borrowing books, which leads to many disputes in this process. Today I will introduce one of them, about the legality of online loan charges.

Judging from the cash loan market, although many online loans are marked with low interest and are within the legal scope of the country, there are many hidden expenses, such as vip membership fees, information authentication fees, risk control service fees, loan fees, agency fees, deposits, withholding interest, etc. And they can all be deducted, which adds up to a lot.

Once, a borrower borrowed money from an online lending platform and applied for 1000 yuan. The interest was only RMB, but other expenses added up to ***96 yuan, so the actual account was only about 900 yuan.

In fact, such expenses should be included in the comprehensive rate. According to China's laws, the interest with annual interest rate below 24% belongs to the category of judicial protection, and the part with annual interest rate between 24% and 36% belongs to natural debt, and private lending with annual interest rate over 36% is invalid.

Among them, this interest rate should be the comprehensive cost interest rate, not just interest. Everyone should realize the difference. Article 27 of the Supreme People's Court's Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases clearly stipulates that as long as the interest is deducted from the principal in advance, the court shall determine the actual loan amount as the principal.

To sum up, you can comprehensively calculate the online loan fees you apply for. More than 36% is usury, and the excess does not need to be returned. If you encounter violent collection, you can seek the help of the public security organs.

Is the online loan service fee included in the interest rate?

No, the online loan service fee is not interest, but should be an extra fee charged by the loan platform in other names, and the loan interest will be charged separately.