The annualized interest rate of the loan reached 42.8%, which obviously belongs to usury prohibited by law.
According to Article 26 of "Fa Shi [20 15] 18", the principal (based on the actually received amount, deducting the interest, service fee, guarantee fee and insurance fee paid in the previous period) and interest (service fee, guarantee fee and insurance fee, etc.) can all be regarded as interest, which is absolutely protected within 24% of one year. According to Article 31 of the Law Interpretation [20 15]No. 18, the debtor can claim back the overpayment (through negotiation, mediation and litigation); If there are illegal and criminal factors such as routine lending and illegal lending on the loan platform, I think it can be ignored if only the principal, interest and other expenses are calculated.