According to Article 26 of "Fa Shi [20 15]No. 18", the principal (based on the amount actually received, deducting the expenses paid in the previous period) and interest (the absolute protection is within 24% and the relative protection is within 36%) shall be repaid. However, it belongs to the illegal part of interest expenditure, and on the basis of giving consideration to the principle of good faith, it can refuse to pay, and has the right to refuse to pay compound interest. Peer-to-peer lending information intermediaries and lenders who evade the upper limit of judicial protection of private lending interest rates in the form of intermediary fees should be deemed invalid. If the creditor fails to collect the money within the time limit, the losses caused thereby shall be borne by the creditor himself. According to Article 31 of the Interpretation of Law [20 15]No. 18, the debtor can claim back the overpayment (through negotiation, mediation and litigation).
Special reminder: If the other party illegally lends money or lends money to you after absorbing the customer's funds, the loan contract between you will be invalid. You can only repay the principal and the interest during the principal occupation period (interest is calculated according to the bank loan interest rate for the same period. If the loan platform/car loan company/installment company/collection agency has phone calls, text messages, threats and other behaviors. Robbery or occupation of property, destruction of credit records, intrusion into houses, etc. , it should be regarded as infringement and illegal behavior. In this regard, according to the provisions of Articles 2, 15, 16 and 22 of the Tort Liability Law, the other party may be required to stop the infringement, remove the obstruction, restore the reputation, return the property, apologize and compensate for the losses.