These five types of debts do not need to be repaid.
1, the first category is. Generally speaking, it refers to loans with interest exceeding the prescribed range. The interest rate of such loans is surprisingly high, which is four times or even higher than the bank interest rate. The part of such loans that exceeds the interest rate range does not need to be repaid. If the personnel of the relevant lending institution threaten the lender to repay the interest, they can call the police to protect their legitimate rights and interests. It has always been the focus of severe crackdown by relevant state departments. While some loan companies are implementing lenders, they are also accompanied by black and evil collection, which threatens social security and people's life safety.
2. The second category is conventional loans. The most common routine loan is campus loan. Because many students at school have no financial ability, they will choose this kind of loan, and this kind of loan will also focus on students at school. The so-called routine loan is also an act of tricking people into lending. This kind of loan is also strictly investigated by the state department and is not required to be repaid by law.
3. The third kind of beheading. It means that the lender finds that there is not so much money after getting the money, and the cut money is also taken away by the borrowing institution as interest. Such a loan is also a loan that does not meet the requirements of the state and does not need to be repaid.
4. The fourth kind of unilateral debts of husband and wife. If the debt is owed by both husband and wife, then both husband and wife have the responsibility to repay the corresponding debt. If one party owes money and the other party does not participate, then the obligation to repay all debts is borne by one party, and the other party does not have to bear it.
5. The fifth category is debts arising from the disclosure of personal information. Some criminals will steal other people's information to borrow money, and this kind of debt does not need to be repaid.
One,
1. If the lender requires the borrower to pay interest at the interest rate agreed in the contract, the people shall support it, except that the interest rate agreed by both parties exceeds four times the listed interest rate in the one-year loan market when the contract is established. The' one-year loan market quotation' mentioned in the preceding paragraph refers to the one-year loan market quotation issued monthly by the National Interbank Funding Center authorized by the People's Bank of China from August 20, 20 19.
2. During the activity, if the high-interest loan reaches a certain amount, it constitutes the crime of illegally absorbing public deposits; For the purpose of lending, taking credit funds from financial institutions and lending them to others at a high interest rate, the illegal amount is large, which constitutes the crime of lending at a high interest rate; For the purpose of illegal possession, illegal fund-raising by methods, and the amount is large, constitutes a fund-raising crime; Behavior easily leads to criminal offences such as illegal detention, kidnapping and injury; Private intermediaries and individuals with legitimate income lend at high interest rate with their own funds, which belongs to private lending behavior. If there is a loan, it belongs to the category of civil adjustment.
Six kinds of loans that don't need to be repaid
The following six types of loans are really repayable.
Although "it is only natural to pay back debts", not all loans need to be borne by us personally.
For example, in loans, these types of loans do not need to be repaid:
I. Loans not executed by me
With the rapid development of society, our personal information is becoming more and more transparent, and our information is often exposed unconsciously.
As a result, some criminals use our identity information to make online loans. If there is such a "loan", as long as it can be proved that the parties have not applied for a loan and have not received the money, there is no need to repay.
If there are overdue records in the credit report, you can also raise objections and explain the situation to the bank for cancellation.
2. The borrower is unclear
Borrowing institutions must be issued with legal person licenses or business licenses of financial institutions, and approved and registered by the administrative department for industry and commerce.
Bank loans are not allowed to give credit loans to bank-related personnel, otherwise they will be regarded as invalid loans, in which case there is no need to pay back the money.
3. The description of the loan contract is unclear
According to Article 37 of China's Commercial Bank Law and Article 6 of the Regulations on Loan Contracts, a loan contract shall stipulate the loan type, purpose, amount, income, repayment period, method, liability for breach of contract, etc. If the above contents are violated, the contract is invalid and there is no need to repay.
4. Loan contract signed by invalid agent
Generally, loan contracts need to be signed in person. If the borrower is unable to attend, the agent will sign the agreement on his behalf.
However, if the agent has no right to represent or the agent has signed an agreement, then the loan is invalid and there is no need to repay.
Verb (abbreviation of verb) The signing of the contract did not actually lend money.
If a contract is signed with a lending institution, but no payment is received, in this case, the contract is invalid and no repayment is required.
Interest of intransitive verbs exceeding the prescribed interest rate
The maximum annual interest rate of private lending is 36%, and the interest beyond this part is invalid and not protected by law.
Then if the borrower pays more than 36% interest, even if the loan contract is signed, the borrower has the right to ask the lender to return this part of interest.
In fact, the original intention of the loan is to help us solve the problem, so it is best to repay it on time. However, we must also safeguard our own rights and interests. If we encounter the above situation, don't be fooled!
Which online loans can be repaid?
With the rapid development of the Internet, consumption in advance has become the mainstream concept of young people, resulting in many young people being heavily in debt. Compared with loans with complicated bank procedures, companies have become the first choice for many people. However, there are also many small loans whose interest rates are too high, exceeding the national regulations. Which online loans can be repaid? These kinds of loans are ok!
Which online loans can be repaid?
1, high-interest online loan
Yes, everyone is familiar with it. This is a popular lending method among the people. Some individuals and enterprises are in urgent need of funds, so they will borrow from the party with higher interest rate. But it is actually illegal and not protected by law.
2. beheading interest loans
In fact, the state has long stipulated the "decapitation interest". If the borrower encounters "beheading interest", the repayment amount is the amount obtained plus the interest generated by the amount obtained. If the interest rate exceeds "4 times LPR", this part does not need to be repaid.
3. Unilateral debts of husband and wife
If after the husband and wife get married, the husband secretly borrows a lot of money without his wife's knowledge, the debt collector can't ask his wife for debts, because this is the so-called debt owed unilaterally by the husband and wife.
4. Unknown contract loan
Important information of some illegal companies, such as interest rate and repayment period, will be deliberately blurred. If you don't pay attention to it and sign the contract casually, these unscrupulous companies will find out the loopholes. If the important information in the contract is ambiguous, it will be regarded as invalid and this fee will not be refunded.
But this does not mean that all arrears can be defaulted. In fact, normal loans are protected by law, even if they are not illegal. For those who are heavily in debt due to online loans, besides knowing which debts need not be repaid, the most important thing is rational consumption.
The above is about "which online loans can be repaid". I hope it will help everyone!
Isn't borrowing money still something?
Legal analysis: 1. For the borrower:
1. If there is a problem with the use of the loan, you can not repay it.
Some creditors insist on loans, even though they know that borrowers use the money to gamble or engage in illegal activities, such as loans. In this case, the loan will be considered invalid, and the borrower may not even have to repay it.
2. The loan contract signed by the invalid agent does not need to be repaid.
If the borrower can't be present, there will often be an agent to sign the loan agreement, but if the agent has no right to sign the agreement or the agent, the loan is invalid at this time and there is no need to repay.
Second, for the borrower:
1, the borrower is unclear.
Borrowing institutions must have a "Legal Person License for Financial Institutions" or a "Business License for Financial Institutions" issued by someone, and be approved and registered by the administrative department for industry and commerce. If it is a bank loan, it is not allowed to issue credit loans to related parties of the bank.
2. The loan contract is not clear.
The loan contract shall stipulate the type, purpose, amount, interest rate, repayment period, method, liability for breach of contract, etc. The loan contract is not clear, and some contents are invalid. If the loan is used in violation of laws and regulations, the whole contract is invalid.
3. There is no actual loan.
I just signed a loan contract, but I didn't give the money to the borrower by cash transfer. In this case, the loan is invalid and need not be repaid.
Legal basis: Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases.
Article 1 The term "private lending" as mentioned in these Provisions refers to the financing behavior between natural persons, legal persons and unincorporated organizations. These Provisions shall not apply to financial institutions and their branches established with the approval of the financial supervision department and engaged in loan business, which are triggered by the issuance of loans and other related financial businesses.
Article 2 When a lender brings a private lending lawsuit to the people's court, it shall provide creditor's rights certificates such as IOUs, receipts, IOUs, and other evidence that can prove the existence of the legal relationship between lending and borrowing. If the creditor's rights certificate such as IOUs, receipts and IOUs held by the parties does not specify the creditor, and the party holding the creditor's rights certificate brings a private lending lawsuit, the people's court shall accept it. The defendant raised a factual defense against the plaintiff's creditor qualification, and the people's court ruled that the plaintiff did not have the creditor qualification after examination, and rejected it.
Article 24 If the borrower and the lender have not agreed on interest, and the lender claims to pay interest, the people will not support it. The interest agreement between natural persons is not clear, and if the lender advocates paying interest, the people will not support it. Except for the loan between natural persons, if the agreement on the loan interest between the borrower and the lender is unclear, and the lender claims interest, the people shall determine the interest according to the contents of the private loan contract and the local or the parties' trading methods, trading habits, market quotation and other factors.
Which online loans don't have to be repaid? It is possible to meet these conditions!
With the development of the Internet, the loan industry has gradually moved from offline to online, and many online loans can be applied through mobile phones. The popularity of online lending has spawned a large number of small loan platforms, which will bring a series of problems. In fact, in some cases, repayment is not required, so which online loans do not need repayment? Let's find out.
1, ID card lending.
In this Internet age, everyone's identity information may be leaked. If some lending institutions are not strictly audited, criminals can successfully apply for loans with your identity information. Once overdue, it will affect your personal credit information. In the case of "being loaned" or "being trapped", there is no need to repay.
So what should we do? Just confirm: no loan application has been made; If you don't receive the payment, you can hold these certificates to negotiate with the online lending institution.
2. Non-compliant loans
In China, there are clear provisions on loan contracts. Article 37 of the Commercial Bank Law and Article 6 of the Regulations on Loan Contracts all stipulate that the loan contract shall stipulate the loan type, purpose, amount, income, repayment period, method, liability for breach of contract, etc.
Everyone should carefully check the relevant contents before lending money. If anything does not meet the requirements, then there is no need to repay later, and the contract is invalid. It is recommended to read more legal provisions on lending in peacetime.
3. The annual interest rate exceeds the limit.
It is stipulated in China's private lending that interest with an annual interest rate of more than 36% does not need to be repaid, but the premise is that the annual interest rate is below 24% and the annual interest rate is between 24% and 36%. If an agreement is reached, repayment can be made. Once repaid, recovery is not supported.
In addition, Article 200 of the Contract Law stipulates that the loan interest shall not be deducted from the principal in advance. At present, some online loans use this form of beheading interest, such as borrowing 1000 to actually reach 700 yuan, which is illegal.