The online lending platform has no right to freeze user bank cards. Only the people's courts, public security organs and other judicial organs have the right to freeze users' bank accounts, and the rest have no right. The user's network is loans overdue, or the bank card number is filled incorrectly when applying, which will not cause the bank card to be frozen.
First, online lending, p2p online lending is short for peer-to-peer lending, including personal peer-to-peer lending and commercial peer-to-peer lending. P2P online lending refers to direct lending between individuals through the Internet platform. It is a subclass of Internet finance industry. In 20 12, the number of online lending platforms in China increased rapidly, with about 350 active platforms so far, and the total number reached 3,054 by the end of April 20 15.
2.2065438+In September, 2009, the Leading Group for Special Remediation of Internet Financial Risks and the Leading Group for Special Remediation of Online Loan Risks jointly issued the Notice on Strengthening the Construction of P2P Online Credit Information System to support operating P2P online lending institutions to access the credit information system.
Third, the essence of internet finance still belongs to finance, and it has not changed the characteristics of financial risks such as concealment, contagiousness, extensiveness and suddenness. Strengthening the supervision of Internet finance is an inherent requirement to promote the healthy development of Internet finance. At the same time, Internet finance is a new thing and a new format. It is necessary to formulate a moderately loose regulatory policy to leave room and space for Internet financial innovation.
Fourth, by encouraging innovation, strengthening supervision and mutual support, we will promote the healthy development of Internet finance and better serve the real economy. Internet financial supervision should follow the principles of "legal supervision, moderate supervision, classified supervision, collaborative supervision and innovative supervision", scientifically and reasonably define the business boundaries and access conditions of various formats, implement regulatory responsibilities, clarify the bottom line of risks, protect legitimate operations, and resolutely crack down on illegal activities.
5. Peer-to-peer lending includes personal peer-to-peer lending (P2P peer-to-peer lending) and online microfinance. Personal peer-to-peer lending refers to direct lending between individuals through the Internet platform. Direct lending on the personal peer-to-peer lending platform belongs to the category of private lending, which is regulated by the Contract Law, General Principles of Civil Law and other laws and regulations as well as relevant judicial interpretations in the Supreme People's Court.
6. Network microfinance refers to the microfinance provided to customers by Internet companies through their holding microfinance companies. Network microfinance should abide by the existing regulations of microfinance companies, give full play to the advantages of peer-to-peer lending, and strive to reduce the financing costs of customers. P2P loan business is supervised by China Banking Regulatory Commission.
Husband's online loan is overdue. What can online loan companies say to freeze our bank card companies?
Online lending companies have no right to freeze, and the court has the right.
Online lending companies have no right to freeze, and the court has the right. You need to sue you and win the case to freeze it. WeChat bank card Alipay can be frozen.
According to the laws of our country, except the courts, procuratorial organs, public security, customs, security, taxation and other organs, the accounts of units or individuals can be frozen in accordance with legal procedures under the circumstances authorized by law, and any other department, including banks, has no right to freeze other people's accounts under any circumstances. However, there is one exception. For example, there is an agreement in a bank loan contract that the bank has the right to freeze the customer's deposit account in the bank if it fails to repay the loan in time after a certain period.
Note that this is only under the conditions stipulated in the contract, and the bank has no right to freeze the deposit accounts of other banks. This situation generally exists between companies and big customers, and ordinary borrowers need not worry. Things that even banks can't do, not to mention online lending institutions, can deduct money from bank cards even if they are bound to collect bank cards. Only banks or online lending institutions bring a lawsuit to the court. After the judgment of the court comes into effect, in the execution stage, the court may ask the relevant bank to freeze the deposit account of the party concerned, and the bank is also obliged to cooperate with the court in execution.
Will online lending freeze all bank cards?
If the online loan is not returned, the online lending institution has no right to freeze all the bank cards of the user, and the online lending institution can only freeze the online lending account of the user, so that the user can no longer apply for a loan. Unless the online lending institution sues the user, the court decides the user to repay, and the user refuses to repay. After being enforced by the court, the user still refuses to repay, and the court will freeze the assets under the user name, so all bank cards under the name will be frozen.
Generally speaking, overdue online loans will not only encounter collection, but also generate overdue records and overdue interest. In order to avoid the negative impact of overdue records, users should pay off overdue debts as soon as possible. If the online lending institution tells the user that all bank cards under the user name will be frozen, it is basically a bluff. After all, online lending institutions don't have that much power.
After a user reported that the online loan was overdue, the WeChat account was frozen. This is because the online lending institution reported the user's WeChat. As long as it is thawed in the WeChat security center, WeChat can be used normally.
What can online loan companies freeze?
Under normal circumstances, the CBRC will not take the initiative to freeze online loan funds. Unless there is a problem with the online lending platform, the CBRC may intervene.
If the customer is prompted by the platform that the loan funds are frozen when applying for online loan, he needs to pay part of the funds first and negotiate with the CBRC to unfreeze the frozen loan funds.
Don't trust that customer easily, because licensed financial institutions won't charge customers before lending money.
If the customer is asked to pay by the platform before receiving the payment, be careful, because it is likely to encounter fraudsters and fall into a loan scam.
If the money is paid, it is very likely that the final loan funds will not be thawed, the platform will be lost, and the paid money will not come back. Even if the loan funds are finally recognized by the platform, it is possible to detain the money paid before, and even if it is paid back later, it will not be returned.
Customers must pay more attention when applying for online loans. Don't go to those unknown small loan companies. It is best to check whether the platform holds a financial license before lending.
Online lending, mbth is Internet lending, and p2p online lending is the abbreviation of online lending, including personal peer-to-peer lending and commercial peer-to-peer lending. P2P online lending refers to direct lending between individuals through the Internet platform. It is a sub-category of the Internet finance (ITFIN) industry.
In 20 12, the number of online lending platforms in China increased rapidly, with about 350 active platforms so far, and the total number reached 3,054 by the end of April 20 15.
The essence of internet finance still belongs to finance, and it has not changed the characteristics of financial risks such as concealment, contagiousness, extensiveness and suddenness. Strengthening the supervision of Internet finance is an inherent requirement to promote the healthy development of Internet finance. At the same time, Internet finance is a new thing and a new format. It is necessary to formulate a moderately loose regulatory policy to leave room and space for Internet financial innovation.
By encouraging innovation, strengthening supervision and mutual support, we will promote the healthy development of Internet finance and better serve the real economy. Internet financial supervision should follow the principles of "legal supervision, moderate supervision, classified supervision, collaborative supervision and innovative supervision", scientifically and reasonably define the business boundaries and access conditions of various formats, implement regulatory responsibilities, clarify the bottom line of risks, protect legitimate operations, and resolutely crack down on illegal activities.
Peer-to-peer lending includes personal peer-to-peer lending (P2P peer-to-peer lending) and online microfinance. Personal peer-to-peer lending refers to direct lending between individuals through the Internet platform. Direct lending on the personal peer-to-peer lending platform belongs to the category of private lending, which is regulated by the Contract Law, General Principles of Civil Law and other laws and regulations as well as relevant judicial interpretations in the Supreme People's Court.
Network micro-loan refers to the micro-loan provided to customers by Internet companies through their holding micro-loan companies. Network microfinance should abide by the existing regulations of microfinance companies, give full play to the advantages of peer-to-peer lending, and strive to reduce the financing costs of customers. P2P loan business is supervised by China Banking Regulatory Commission.
In the traditional P2P model, the online lending platform only provides services such as information exchange and information value appraisal that are conducive to the completion of transactions, and does not substantially participate in the interest chain of lending. There is a direct creditor-debtor relationship between borrowers and lenders, and the online lending platform maintains its operation by charging certain fees to borrowers and lenders.
In China, because the citizen credit system is not standardized, it is difficult for the traditional P2P model to protect the interests of investors. Once overdue, investors will lose everything.
Therefore, in the continuous exploration and practice of P2P online lending, it is suggested that friends and relatives should be introduced into credit loans for joint guarantee, and mortgages or pledges should be introduced into other loans for counter-guarantee. At the same time, the enterprise loan project introduces a third-party financing guarantee company to audit and guarantee the project principal and interest, and requires that its guarantee scale should match the guarantor's guarantee amount, and the guarantor should also strengthen its own risk control management. Online lending, also known as P2P online lending. P2P is the abbreviation of English peer to peer, which means "person to person".