Whether it is illegal for online loans to collect debts at home depends on the specific circumstances, as follows: 1. Reasonable door-to-door collection, formal online loan borrowing and overdue behavior, online loan platform through telephone, SMS, door-to-door collection. It is not illegal. Formal loans are related to personal credit information, so you should check the credit information when applying for loans. If there is overdue repayment, it will have a negative impact on personal credit information; 2, if it is a violent collection, which has a significant impact on the life of the parties, it is illegal. Peer-to-peer lending includes personal peer-to-peer lending and commercial peer-to-peer lending, which is a creditor-debtor relationship. As long as the interest rate agreed in the online loan is within the scope permitted by law, there is a legal basis. Personal peer-to-peer lending refers to direct lending between individuals through the Internet platform. Direct lending on personal peer-to-peer lending platform belongs to the category of private lending and is regulated by laws and regulations and 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.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 120 Where the civil rights and interests are infringed, the infringed has the right to request the infringer to bear the tort liability.
Article 183 Where an infringer damages himself by defending the civil rights and interests of others, he shall bear civil liability and the beneficiary may give him appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.
Article 167 Where an infringement endangers the personal and property safety of others, the infringed party has the right to demand the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.
Article 168 Where two or more persons jointly infringe and cause damage to others, they shall be jointly and severally liable.
Derivative problem:
How to complain about the collection staff?
1. First, complain about the credit card collector. If we are improperly collected, we need to collect and master relevant evidence. 2. Second, we can make a complaint by calling the special bank hotline of the credit card and provide the work number of the staff who need to complain. Thirdly, we can also call the customer service hotline to safeguard personal rights and complain about credit card collectors. 4. Fourth, you can complain about credit card collectors to the branches or offices where the local CBRC is located.