As long as you are here, it's all right, and it doesn't constitute malice. There is an intention to repay, but the money is not enough. It is only a civil act, and the public security organs will not intervene. But++may intervene, and the result of intervention is that you have been paying back, and he can't do anything about you. However, your credibility is over, and the bank's credit information is networked. You won't get a car loan or a mortgage in the future. I suggest you find a chance to pay it back. The money you owe will be paid back sooner or later.
Overdue credit cards usually have the following consequences:
1. Expenses such as overdue interest and liquidated damages. : Calculate the interest from the overdue date of the credit card, which is generally five ten thousandths of the daily interest, and compound interest is calculated monthly; The liquidated damages are generally 5% of the unpaid part of the minimum repayment amount.
2. Bad credit record: after the deadline, the personal credit report will produce bad records, which will affect the future loan application.
3, may face criminal responsibility: if the long-term overdue and overdue amount is large, then you may receive a reminder from the bank; If the bank still fails to repay the arrears after being reminded, it may face criminal responsibility.
Generally speaking, the impact of overdue credit cards is still relatively large. I suggest that you must pay back on time.
If your credit card is about to expire or has expired, I suggest you call the bank's customer service phone in time, take the initiative to explain the situation, find out whether you can apply for deferred repayment or reduce the penalty interest, and repay as soon as possible.
The best way to land in debt
1. Have the consciousness of going ashore. When you start to recover the debt, it is the beginning of paying off the debt. I don't have the consciousness of going ashore, and even think that with my qualifications, I can take a shortcut to get a loan and a credit card. If the income can't keep up with the speed of debt, it will eventually become an old lai and be listed in the "blacklist" by major banks and lending institutions.
2. List all debts. First, list all the card debts and loan debts. How much money is owed for each card, when is the due repayment date of each card, and if you have spare capacity, you can list the installment fee for each card. How many installments can you divide? You can combine your own economic ability and monthly income, and estimate how long it will take to pay off your current debt. If it is expected to be paid off in half a year, the installment fees of all cards in six phases are listed for comparison.
3. Don't create new liabilities. After starting to finish debt planning, this is very important. Force yourself to do it.
4. The paid-off credit card is temporarily frozen. In order to avoid more card debt, the credit card that has been paid off is temporarily frozen, so don't swipe it again. Excessive card debt is closely related to excessive consumption by cardholders. Freezing the card debt that has been paid off can reduce unreasonable consumption to some extent and achieve the purpose of saving money.
Credit card arrears for more than five years, and now the bank has passed+++,is it beyond the prosecution period?
Credit card arrears for more than five years may have exceeded the time limit for prosecution. The period of prosecution for credit card arrears is generally three years, counting from the day when the obligee knows or should know that his rights have been infringed.
Legal analysis
Credit card overdue prosecution period is generally three years. Limitation of action means that the obligee whose civil rights have been infringed fails to exercise his rights within the statutory limitation period, and when the limitation period expires, the debtor obtains the right of defense. If the obligee makes a request within the limitation period prescribed by law, the people++will force the obligor to perform his obligations. After the expiration of the statutory prosecution period, if the obligee exercises the right of claim, the people++will no longer protect it. It is worth noting that after the expiration of the prosecution period, although the obligor may refuse to perform his obligations, the exercise of the creditor's rights will only be hindered, and the right itself and the right of claim will not be eliminated. If the party concerned exceeds the time limit for prosecution, People++shall accept it. After acceptance, if the other party raises a defense of the time limit for prosecution and finds that there is no reason for suspension, interruption or extension, the judgment shall reject his claim. If the other party fails to raise the defense of the time limit for prosecution, it shall be deemed that it has voluntarily waived this right. ++Voluntary non-application of the time limit for prosecution ex officio should be supported by accepting the claim. The elements of the time limit for prosecution refer to the applicable elements of the time limit for prosecution. There must be a claim. The limitation of prosecution is the limitation of the right of claim. Without the right of claim, there is no way to apply the time limit for prosecution. There must be a fact that you are too lazy to exercise your rights. The time limit for prosecution is to urge the obligee, but actually to protect the obligor. If the obligee slowly exercises his rights within a certain period of time and there is no other reason to interrupt or suspend the statute of limitations, the statute of limitations will take legal effect.
legal ground
Criminal law of the people's Republic of China
Article 87 A crime that exceeds the following time limit shall not be prosecuted: (1) If the statutory maximum penalty is less than five years++,five years have elapsed; (two) the statutory maximum penalty is more than five years and less than ten years++,after ten years; (3) fifteen years++if the statutory maximum sentence is more than ten years; (4) Twenty years have passed since the statutory maximum penalty was++or++. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval.
Article 89 The time limit for prosecution shall be counted from the date of committing the crime. If the criminal act has a continuous or continuous state, it shall be counted from the date when the criminal act ends. If a crime is committed within the time limit for prosecution, the time limit for prosecution of the former crime shall be counted from the date when the latter crime is committed.
The credit card has not been returned for five years, and the bank has not recovered it. Will it become a bad debt?
Yes, if it is not settled all the time, the overdue records will always exist, which will affect the future economic life. With the wider coverage of credit records, life will become more and more troublesome in the future.
This 10,000 yuan has been owed, which will have the following consequences:
1. First of all, the bank will start charging you interest, with a daily interest rate of 0.5%, compounded monthly, and the interest will roll up, and his arrears will increase. Secondly, credit cards are frozen to stop payment, and other credit cards may also be implicated in being downgraded to stop payment. Third, the bank will start dunning.
2. If the reminder fails, the bank will transfer the bill to the collection company, and he will be collected by the collection company. In the case of fruitless collection, the bank may sue him for the crime of credit card++,and he may have to bear the legal consequences.
At the same time, his credit report will record this overdue. Overdue for more than 90 days is a serious overdue behavior. It is impossible to apply for a mortgage or car loan within two years.
How to negotiate repayment when the credit card is overdue for 5 years?
Generally, the credit card is overdue. No matter how many years you are overdue, the bank will not negotiate for you, saying that you only pay back the principal. If you need to negotiate, only the principal will be repaid, and the bank needs you to provide a lot of proof procedures. For example, prove your current income. It's really not worth the money. And prove your family conditions. Fixed assets at home. In short, this program is very troublesome.
Extended information:
Credit card, also known as credit card, is a credit certificate issued by commercial banks or credit card companies to eligible consumers. It is in the form of a card with the name of the issuer, expiration date, serial number and cardholder's name printed on it. Magnetic stripe and signature strip on front and back. Consumers with credit cards can go to specialized commercial service departments for shopping or spending, and then the bank will settle accounts with merchants and cardholders, and cardholders can overdraw within the prescribed limits.
Credit cards are divided into credit cards and quasi-credit cards. Credit card refers to a credit card in which the cardholder has a certain credit limit and can spend first and then repay; Quasi-credit card refers to a quasi-credit card in which the cardholder deposits a certain amount of petty cash according to the regulations, and when the balance of the petty cash account is insufficient to pay, it can be overdrawn within the prescribed credit limit. Credit cards generally refer to credit cards.
When using a credit card, some friends can't pay off their debts because of the mismatch between income and expenditure, which leads to overdue. However, some friends think that it doesn't matter if the credit card is overdue, that is, the credit information is broken. Anyway, they don't need a loan to buy a house or a car in the future, and they can delay it for one day. Even if they are++,they can continue to run instead of++. In fact, these ideas are all wrong.
These three consequences of overdue credit cards are unacceptable to many people.
First, if it is overdue for a long time, it will become a black account. At this time, you can't do any bank credit cards, loans and other businesses.
Second, overdue fines and penalty interest continue to accumulate. Once the credit card is overdue and the interest-free period disappears, you must bear the corresponding penalty interest. Not only that, with the increase of overdue time, overdue fines and penalty interests will continue to accumulate, and in the end, there will be more and more.
Third, banks will face corresponding legal responsibilities if they default for a long time. If it is judged by the bank as malicious overdraft or credit card++,it will be investigated for criminal responsibility according to law.
After the credit card is overdue, even if the bank does not take the initiative to collect it, it should contact the bank quickly, make the situation clear at the first time, pay off the arrears and minimize the loss.
Will the credit card be eliminated after 5 years overdue?
No, because there is no such thing as canceling the credit investigation. Ten years ago, you were overdue once, and it will still be shown in your credit investigation report ten years later. You go to the local people's bank to print your credit information, which has details, even if your cancelled credit card will be displayed on it. So whether it is five years or ten years, this can't be eliminated at present.
Consequences of overdue repayment of credit cards:
One is to calculate the double fine from the overdue date;
The second is to affect personal credit information;
The third is suspected of credit card++crimes, and criminal responsibility shall be investigated according to law.
Paragraph 4 of Article 196 of the Criminal Law stipulates that criminal activities of credit card++are carried out with malicious overdraft, and if the amount is relatively large, the offender shall be sentenced to fixed-term imprisonment of not more than five years++or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than++or++10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.
According to Article 7 of the Measures for the Supervision and Administration of Credit Card Business of Commercial Banks, credit cards refer to all kinds of media that record the relevant information of cardholders' accounts, have the functions of bank credit line and overdraft, and provide relevant banking services for cardholders.
The credit card stipulated in the relevant laws of our country (Interpretation of the Provisions of NPC Standing Committee on Credit Cards) refers to the electronic payment card issued by commercial banks or other financial institutions with all or part of the functions of consumer payment, credit loan, transfer settlement, cash deposit and withdrawal, etc. 20 17 12 1 The English Translation and Writing Standard for Public Service was formally implemented, which stipulated that the English name of CreditCard was Credit Card.
Credit card consumption is a non-cash transaction payment method, which does not need to pay cash when spending, and repays on the bill date.
Credit cards are divided into credit cards and quasi-credit cards. Credit card refers to a credit card in which the cardholder has a certain credit limit and can spend first and then repay. Quasi-credit card refers to a quasi-credit card in which the cardholder deposits a certain amount of reserve fund according to the regulations, and when the balance of the reserve fund account is insufficient to pay, it can be overdrawn within the prescribed credit limit. Credit cards generally refer to credit cards.
From the date of 202 1 1 1, the credit card overdraft interest rate is determined by the card issuer and the cardholder through independent negotiation, and the upper and lower limit management of the credit card overdraft interest rate is cancelled (the original upper limit is 0.7 times of the daily interest rate, and the lower limit is 0.7 times of the daily interest rate).
On May 25th, 20021year, the Supreme People++promulgated and implemented the Provisions of the Supreme People++on Several Issues Concerning the Trial of Civil++Cases of Bank Cards.
What if the credit card is overdue for 5 years?
Speaking of overdue credit cards, this is definitely a "minefield" that must not be stepped on during the use of credit cards. Many card friends who are overdue once or twice are worried that they will have bad credit records, which will affect their future credit business. The consequences of a credit card overdue for five years will be very serious. Today, I will tell you what to do if the credit card is overdue for 5 years.
The reason why credit card overdue is a "minefield", let's first look at the consequences of credit card overdue.
Consequences of overdue credit cards
1. If the credit card fails to return the minimum repayment amount of the bill in time before the final repayment date, interest and late fees will be charged. Among them, the interest is calculated from the current consumption accounting date, and the daily interest rate is 0.5 ‰ until it is fully paid off; The late payment fee is 5% of the minimum unpaid amount, and the minimum is RMB 10 yuan and USD 1 yuan.
2. Overdue credit cards affect personal credit records. After the credit card is overdue, the bank will report to the central bank regularly, and personal credit will leave a stain. Therefore, in order to avoid overdue, if the cardholder is unable to repay in full, he can repay with the minimum repayment amount.
3. If the credit card is overdue seriously, it will bear legal responsibility. Article 196th of the Criminal Law of People's Republic of China (PRC) has clear provisions. Under any of the following circumstances, those who engage in credit card++activities with a relatively large amount shall be sentenced to fixed-term imprisonment of not more than five years++or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than++or++10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.
1) using a forged credit card or using a credit card fraudulently obtained with false identification;
2) using an invalid credit card;
3) fraudulently using other people's credit cards;
4) Malicious overdraft.
Malicious overdraft refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. Therefore, the credit card is overdue for 5 years and is suspected of credit card++crime.
What if the credit card is overdue for 5 years?
1. Pay the bill first.
After the credit card is overdue, the interest continues to increase. There may not be many overdue debts, but the interest payment for five years is also high. No matter how much money is finally returned to the bank, the first thing the cardholder should do is to return the principal and interest of the arrears.
Step 2 communicate with the bank
When the amount of debt is too large to repay, explain the situation to the bank and apply for installment repayment. , to avoid delay. In addition, the cardholder must show a good attitude to the bank and show his firm determination to repay.
3, bear legal responsibility
A credit card that has been maliciously overdrawn for 5 years and has not been returned after repeated collection by the bank has constituted a credit card++crime. If the bank wins the lawsuit against++,the cardholder shall bear the litigation costs and relevant legal responsibilities.
This is the end of five years since the introduction of credit card debt. I wonder if you found the information you need from it?