First, how to deal with the beheading interest court?
The Supreme People's Court's Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases clearly points out that the loan amount specified in debt certificates such as IOUs, receipts and IOUs is generally recognized as the principal. If interest is deducted from the principal in advance, the people's court shall confirm the actual amount lent as the principal.
According to the above two laws, beheading is completely illegal. In the case of beheading interest, the court often calculates interest according to the actual loan amount. As a borrower, the actual annualized interest paid is generally within 24% and will not exceed 36%. If the actual annualized interest rate paid by the borrower has exceeded 36%, the lender may be required to refund the part exceeding 36%.
Generally speaking, beheading is illegal and the court will not protect it. For the borrower, it is only necessary to repay the principal and interest according to the actual amount.
Second, matters needing attention in the loan
First: the borrower trusts the black intermediary.
For some friends who are eager to use money for turnover, they may lower their vigilance and be blinded by low interest rates and high quotas advertised by some black intermediaries; There is no need to verify the relevant qualifications and reputation of lending institutions, and the final result is that high intermediary fees and interest are charged; The corresponding evasion method: even if you are in a hurry to use money, you need to know whether the lending institution is formal and verify whether the qualifications of the lending institution are complete before lending. Only after confirming this information can you decide to apply for a loan to avoid being charged high interest.
Second: personal banks can get in and out quickly.
This kind of fast-forward and fast-out bank running water will be judged as invalid running water certificate, because the bank can't judge your repayment ability, so it will be refused a loan; Avoidance: separate the monthly fixed repayment date from the account arrival date with a slightly longer interval to avoid fast-forward and fast-out.
Third: the purpose of the loan is not pure.
Some customers say that they want to buy a house, a car and travel when applying for a loan, but this is not the case. Their purpose is to make high-risk investments or lend them directly to others to earn spreads. The latter behavior directly constitutes a crime. Avoidance method: apply for loans for real reasons, avoid improper and high-risk reasons, and refuse to earn spreads.
Fourth: the loan information submitted is false.
The first step for a lending institution to know its customers is to look at the application materials. Some customers think that their running water and credit information are not very good, so they provide fake running water and credit information in order to muddle through. This kind of behavior is the most abominable in the credit industry. Once found, never lend! ! Lightning protection method: when filling in the application form, be sure to fill in the real contact person, address, work unit, etc. Submit real information and refuse to falsify!
Fifth: the attitude does not cooperate.
Some customers think that their qualifications are good, just borrow hundreds of thousands, and they are extremely uncooperative with credit managers and credit audits. Often fail to keep an appointment, delay the necessary audit materials, or even threaten or hang up the phone of the letter review. Lightning protection methods: strengthen the concept of time, actively cooperate with the credit manager's data collection work, maintain a good credit review attitude, answer questions seriously, and pay attention to tone and wording.
Sixth: Bad credit record.
It is a necessary step for lending institutions to inquire about credit records. If the customer has been overdue for six consecutive times in the past two years, he will directly refuse the loan. In order to obtain a high loan, some customers applied in several institutions at the same time and inquired about their credit records many times, so the credit evaluation Committee thought that the customer was in urgent need of funds, which was risky and refused to lend! How to avoid it: maintain your personal credit information, pay back your credit card and mortgage on time, and avoid overdue; When applying for a loan, you should be "single-minded" and find a loan that suits you. Don't submit applications to multiple organizations at the same time.
legal ground
Article 670 of the Civil Code stipulates that the loan interest shall not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan will be repaid according to the actual loan amount and the interest will be calculated.