The conditions of non-performing loans are as follows: 1. Loans that the borrower and guarantor fail to pay off after being declared bankrupt according to law; 2. Loans that cannot be paid off after the borrower dies or is declared missing or dead and is paid off with his property or inheritance; 3. Due to major natural disasters or accidents, the borrower is really unable to repay, and the loss is huge and irreparable, or the loan that cannot be repaid after insurance settlement; 4. The lender disposes of the loan collateral and pledge according to law, and the proceeds are insufficient to offset the mortgage. Article 36 of the Commercial Bank Law: The borrower shall provide a guarantee for the loan of a commercial bank. Commercial banks should strictly examine the repayment ability of guarantors, the ownership and value of collateral, and the feasibility of realizing collateral. After examination and evaluation by a commercial bank, it is confirmed that the borrower has a good credit standing and can repay the loan, and no guarantee may be provided.
What do you mean by bad debts? How to borrow bad debts?
Confident Xiao Wang went to the bank to apply for a loan, but the bank staff gave him a blow, saying that his qualifications did not match and he could not apply for a loan. Xiao Wang, who was extremely anxious, went to check the credit information and found that he had spent 5999 yuan on a credit card some time ago and paid back 6000 yuan himself. What he didn't expect was that the reason that affected his loan turned out to be such a small detail.
I believe that many people who don't know much about loans must not know what bad debts are. You may know what bad debts are, but you are not familiar with them. So what is bad debt? Generally speaking, bad debt refers to the situation that the borrower has not paid off the loan for a long time, but after the repayment period, because the borrower changes his address or contact information, the bank can't claim back the debt in time, and it is in a sluggish state for a long time and can't pay off the account. Simply put, the bank and the borrower can't complete the transaction because the borrower spends more money or owes money, which is called bad debt.
According to the above statement, it can be divided into general bad debts (overdue repayment) and overpayment of bad debts (overdue repayment).
For ordinary people, what is the difference between bad debts and bad debts?
The first point: it is uncertain whether bad debts can be recovered, and it is clear that bad debts cannot be recovered.
The second point: Bad debts may be arrears or overpayments. Bad debts must be money owed by borrowers to banks or financial institutions.
What should I do if I find myself with bad debts?
1, general bad debt-overdue repayment
If it is overdue, the first priority is of course to pay back the money. After paying back the money, I suggest you close the account immediately. After closing the account, you can find that you have no overdue accounts, otherwise the bad debts will always be on the credit report. But I want to tell you that this is not the same thing as the ordinary credit card overdue. After the account is cancelled, some banks will update it for you and put it in an account that is not overdue. However, the other situation is not so optimistic, and you will still be classified as bad debts. This requires you to file an objection application with the bank and make relevant negotiations.
2. Overpayment of bad debts-due repayment.
Xiao Wang mentioned above belongs to overpaying bad debts. Compared with ordinary bad debts, banks have much looser requirements for paying more bad debts. The user only needs to withdraw money and close the account.
Tip: Compared with overdue debts, the consequences are much more serious. And dealing with bad debts is a bit troublesome. If the bank has bad debts, be sure to communicate with the relevant staff, try to use the best scheme, and try to avoid affecting your loan.
What if the bank loan says there is a bad debt record?
If there are not many bad debt records, it will not affect the loan.
What does "bad debt" mean?
Users owe money to the bank, and the bank's long-term dunning is unsuccessful, which may directly lead to bad debts or never come back. To put it bluntly, it's the money I've always wanted but I don't want it back.
How did the bad debts come from?
First, the money owed by the credit card to the bank has not been paid back.
Second, premium bad debts.
Not all banks have the problem of premium bad debts.
In other words, if the cardholder owes 8999 yuan to the bank and pays 9000 yuan this time, the credit card bill will be more 1 yuan. Once this credit card is not used for a long time, it will always add 1 yuan, which may lead to bad debts.
This is called premium bad debt, which is equivalent to the transaction between the cardholder and the bank has not been completed.
If this happens, I suggest you go to the bank and ask if your bank will have bad debts at a premium. If so, you should cancel your credit card when it is not in use. This is the safest way to handle it.
How to deal with bad debts?
1, general bad debt-overdue repayment
Reason: if the credit card overdraws, it will form bad debts after a long time; Or because the credit card has not been used for a long time and the account has not been cancelled, the annual fee payable has been delayed from overdue to "bad debts".
Solution: For the bad debts caused by the arrears, please pay off all the arrears in time, and of course, don't pay more. You can go to the bank to apply for a non-malicious debt certificate, try to communicate with the bank to delete the bad debt record, or wait for the credit record to be turned over five years later, which will not affect your loan.
If it is a bad debt caused by the unclear annual fee, you need to take the initiative to consult or negotiate with the bank, or you can take the personal credit objection handling procedure.
2. Overpayment of bad debts-due repayment.
Reason: If you don't withdraw money for a long time after overpayment and stop using credit cards, it will also cause bad debts. If the credit card account is not completely closed, such as not going to the counter to check the accounts, it is also prone to overpayment and bad debts.
Solution: Compared with ordinary bad debts, banks are much more accommodating to premium bad debts. Just take out the money and cancel the account, and then the cardholder can ask the bank to update the record.
Can I get a loan if there are bad debts in the credit investigation? This is the way to deal with it!
Nowadays, there are more and more personal credit reports, and everyone's honest behavior is clear at a glance, so bank credit products need to be checked for credit. So if there are bad debts in the credit report, can I get a loan? In fact, bad debts are a very serious overdue situation. Basically, having bad debts is equivalent to "loan users".
1. What do you mean by bad debts?
If the borrower owes money in the bank for more than 90 days, and the account cannot be recovered after being collected by the bank, it is deemed to be unrecoverable. Under normal circumstances, banks will not easily show bad debts on your personal credit report, unless it is a huge, bad account that cannot be recovered for a long time.
Second, can bad debts be loaned?
I can't. Bad debts are more serious than overdue records. As long as bad debts are shown, no bank will issue loans or bank cards, because bad debts mean that they have not been repaid so far, which is an overdue upgrade. As long as it is not returned, this record will be kept for life.
Third, how to deal with bad debts before lending?
First of all, we must contact the defaulting bank in time to settle the overdue amount together with the penalty interest, but the repayment of the money may not necessarily make the bad debts on the credit report disappear. We suggest contacting the bank to inquire about the update of the credit report. Generally, as long as the debts are paid off, the bad debts on the credit report will be shown as overdue and paid off in about ten days. After five years, the impact of this record will be ignored.
To sum up, as long as the bad debt information has been processed, loans can generally be continued, but the requirements of different banks are different. Credit loans will have higher requirements for credit investigation. It is estimated that it will take two years for the loan to succeed. If you need money urgently during this period, you can try to apply for a mortgage loan and cover up your bad record with a good record.
Can banks still borrow bad debts?
1. Bank loan applications with bad debts are generally rejected. However, you can deal with bad debt records first:
Bad debts caused by overpayment, treatment methods, overpayment withdrawal, and account cancellation. The handling of bad debts caused by the annual fee of credit card is relatively simple, and it is enough to pay off the arrears and cancel the account. In both cases, banks will generally take active measures to deal with bad debts.
If it is a general bad debt, you must pay off the debt first, and be careful not to pay a penny more. After paying off the debt, the account must be closed. Unlike overdue credit cards, bad debts will not be eliminated until they are cancelled.
2. Bad debts of banks: refers to loans that cannot be repaid by banks within the time limit, but are usually overdue for no more than three years.
There are certain conditions for the determination of bank bad debts, as follows:
Chapter II Determination of Bad Debt
Article 4 After a financial enterprise has taken all possible measures and implemented necessary procedures, the creditor's rights or equity that meet one of the following conditions can be recognized as bad debts:
(1) Creditor's rights that cannot be recovered after the borrower and guarantor are declared bankrupt, closed, dissolved, revoked or terminated as legal persons according to law;
(2) The creditor's rights that cannot be recovered after the borrower dies, or the borrower is declared missing or dead in accordance with the provisions of the General Principles of Civil Law of People's Republic of China (PRC) and the General Principles of Civil Law of People's Republic of China (PRC), and the financial enterprise shall pay off his property or inheritance according to law and recover the creditor's rights of the guarantor;
(3) Creditor's rights that can't be recovered after the borrower suffers from major natural disasters or accidents and suffers huge losses and can't get insurance compensation, or after getting insurance compensation, it is really unable to repay part or all of the debts, and the financial enterprise has paid off its property and recovered from the guarantor;
(4) Creditor's rights that have not been declared bankrupt, closed, dissolved or revoked by the borrower and guarantor according to law, but have completely stopped their business activities, and their business licenses have been cancelled or revoked by the administrative department for industry and commerce at or above the county level according to law, and the financial enterprise has not recovered after claiming compensation from the borrower and guarantor;
(5) Creditor's rights that cannot be recovered after the borrower and guarantor have not been declared bankrupt, closed, dissolved or revoked according to law, but have completely stopped their business activities or their whereabouts are unknown, they have not gone through industrial and commercial registration or have not participated in industrial and commercial annual inspection for more than two consecutive years;
(six) after the borrower violates the criminal law and is punished according to law, the financial enterprise cannot recover the creditor's rights, and its property is insufficient to repay the borrowed debts and there are no other debtors;
(7) Creditor's rights that cannot be recovered by the financial enterprise after the borrower and guarantor are unable to repay the debts due;
(8) After legal proceedings are brought against the Borrower and the Guarantor, the Borrower is rejected or ruled to be exempted (or partially exempted) from the debtor's liability due to the disqualification or disappearance of the Borrower and the Guarantor; Or creditor's rights that cannot be recovered after being recovered by financial enterprises due to the loss of loan contracts, guarantee contracts and other rights certificates or the loss of limitation of action;
(9) Creditor's rights that can't be recovered after the borrower can't repay due debts due to the reasons mentioned in Items (1) to (8) above, and the financial enterprise has obtained debt-paying assets in accordance with the law, and the debt-paying amount is less than the loan principal and interest difference;
(10) When an advance payment occurs in opening a letter of credit, handling an acceptance bill, opening a letter of guarantee, etc. 3. The applicant for the letter of credit and the guarantor are unable to repay the advance due to the reasons mentioned in Items (1) to (9) above, and they are still unable to recover the advance after being recovered by the financial enterprise;
(eleven) according to the provisions of national laws and regulations, financial enterprises have the right to invest abroad, because the invested enterprise is declared bankrupt, closed, dissolved or revoked according to law, the legal person qualification is terminated, and the financial enterprise can not recover its equity after liquidation and recovery;
Although the invested enterprise has not been declared bankrupt, closed down, dissolved or revoked according to law, it has completely stopped its business activities, and its business license has been cancelled or revoked by the administrative department for industry and commerce at or above the county level according to law, and the financial enterprise cannot recover it after liquidation and recovery;
(12) After a financial enterprise is approved to dispose of its creditor's rights or equity by market means such as package sale, public auction and transfer, the difference between the sale and transfer price and the book value can be recognized as bad debts;
(13) Creditor's rights projects approved for write-off by the State Council.
Article 5 After taking all possible measures and implementing necessary procedures, bank card overdrafts that meet one of the following conditions can be recognized as bad debts:
(1) The overdraft that the cardholder and guarantor failed to pay off after being declared bankrupt according to law and the property has been paid off according to law;
(two) the cardholder and guarantor are dead or declared missing or dead according to law, and the outstanding funds are paid off with their property or inheritance;
(3) Overdraft money that cannot be recovered through litigation or arbitration or enforcement procedures;
(four) the cardholder and the guarantor are insolvent due to poor management, and they are closed with the approval of the relevant departments, and the administrative department for industry and commerce cancels them, but they are still unable to pay off the overdraft with their property;
(five) the public security organs formally put on file for investigation and the suspected credit card (excluding merchants) overdraft funds that can not be recovered for more than one year;
(six) overdraft less than 5000 yuan, after more than two years of recourse is still unable to recover.
Article 6 After taking all possible measures and implementing necessary procedures, student loans (including unsecured national student loans) that meet one of the following conditions can be recognized as bad debts:
(1) The borrower dies, or is declared missing or dead according to the General Principles of Civil Law of People's Republic of China (PRC) and General Principles of Civil Law of People's Republic of China (PRC), or loses full capacity for civil conduct or labor, and there is no heir or legatee. After disposing of the student loan collateral (pledge) and the borrower's private property according to law, he still refuses to repay the loan after claiming joint liability to the guarantor;
(two) the borrower through litigation and enforcement procedures, according to the law to dispose of its student loan collateral (pledge), and recourse to the guarantor for joint liability, but still unable to recover the loan;
(3) After loans overdue, the loan cannot be recovered within the effective recourse period determined by the financial enterprise, after disposing of the mortgage (pledge) of the student loan according to law and claiming joint liability from the guarantor. Financial enterprises shall, according to the principle of seeking truth from facts, independently determine the effective recourse period and report it to the competent financial department for the record.
If my credit card has bad debts, can I borrow money from the bank?
This shouldn't work. Bank loan requirements are very strict. If your credit status or credit information is bad, you can't get a loan. So you have to go to the counter and ask again.
So much for the introduction of how to borrow bad debts from credit cards.