Overdue penalty interest = overdue loan amount × [daily loan interest rate × (130% ~ 50%) ]× overdue days;

Loan interest = overdue penalty interest paid;

Interest-bearing loan finance × loan daily interest rate × loan days (loan days are loan days before the deadline);

It should be noted that if the borrower is overdue, the overdue penalty interest will generally rise by 30%~50% on the basis of the original loan interest rate.

This interest-bearing method still abides by the agreement of the loan interest rate during the performance of the original loan contract, and the overdue interest in installments is not calculated when the interest rate is adjusted. For the overdue loan interest rate, the overdue interest shall be calculated by stages according to the interest rate adjusted in different periods determined by the People's Bank of China, and a penalty interest shall be charged according to a certain proportion, or the penalty interest shall be calculated by stages according to the penalty interest rate determined by the People's Bank of China.

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How to calculate the repayment interest of bank in loans overdue?

The interest after loans overdue is calculated according to the penalty interest rate, and the penalty interest rate of each bank is different. Most banks stipulate that the penalty interest rate will rise by about 30%-50% on the basis of the previous loan interest rate. In the Reply of the Supreme People on the Calculation Standard of Overdue Payment Liquidated Damages, if the parties to the contract have not agreed on the standard of overdue payment liquidated damages, the people can calculate the overdue payment liquidated damages with reference to the standard of charging overdue loan interest by financial institutions stipulated by the People's Bank of China.

How to calculate liquidated damages in loans overdue

According to the Reply of the Supreme People on the Calculation Standard of Default Interest on Late Payment (Fa Shi [1999] No.8) and its revised reply (Fa Shi [2000] No.34) and the Notice of the People's Bank of China on Reducing the Deposit and Loan Interest Rate (1June 999 10). Therefore, if the cases tried at this stage involve liquidated damages for overdue payment, the calculation standard is the daily interest rate of 2. 1 ‰. 1.2004 June 1999 to June 2004 10 to 2004 10/0, the calculation standard of liquidated damages for late payment is 2. 1 ‰ of the daily interest rate. 2. The interest rate of overdue loans after June 65438+1 October12004 has been revised. On June 5438+February 10, 2003, the People's Bank of China issued the Notice of the People's Bank of China on Issues Related to RMB Loan Interest Rate (Yinfa [2003] No.251), in which Article 3 changed the overdue loan interest rate (default interest rate) from the current daily interest rate of 2. 1 ‰ to: This notice shall come into force on June 6+10/October 6 +0, 2004. Thirdly, the standard of liquidated damages for late payment after June 5438+1 October12004 is still uncertain, which makes it difficult for judges to hear cases. (1) 2. The standard of110000 has lost its legal effect in name. As the standard of overdue loans of 2. 1% has been explicitly abolished and replaced by other standards, it is groundless to use the standard of 2. 1% to judge cases. (2) The current interest rate of overdue loans is not operable. Yinfa [2003] No.251changed the way of directly determining the overdue loan interest rate (default interest rate) in the past, but quoted "the loan interest rate level stipulated in the loan contract". In this way, in the case that the non-loan contract parties have not agreed on the standard of liquidated damages for overdue payment, it is impossible to finally determine the calculation standard of liquidated damages for overdue payment according to the documents of Fa Shi [1999] No.8, Fa Shi [2000] No.34 and Yin Fa [2003] No.251. (3) Since June 65438+1 October1in 2004, no new judicial interpretation has been issued to solve this problem. Regrettably, the Supreme People's Government failed to keep up with the policy changes of the People's Bank of China regarding the calculation standard of liquidated damages for overdue payment. There has been no reply since June 65438+1 October12004. Four, in today's judicial practice, several possible standards for calculating liquidated damages for overdue payment. (1) The calculation standard is still 2. 1 ‰ per day. I don't know if netizens have noticed that the expressions used in the judicial interpretations of Fa Shi [1999] No.8 and Fa Shi [2000] No.34 are "may" rather than "must" when stipulating the calculation standard of liquidated damages for overdue payment. Therefore, the judge handling the case can adjust the standard of liquidated damages for overdue payment according to the provisions of judicial interpretation, or choose not to adjust it. Because the current standards are not operable, business as usual has become a reasonable choice for many judges. (2) The current interest rate shall apply to overdue loans. In a non-loan contract, if the parties have not agreed on the standard of liquidated damages for overdue payment, they may rise by 30% ~ 50% on the basis of the benchmark loan interest rate announced by the People's Bank of China as the calculation standard of liquidated damages for overdue payment. Specifically, on the deadline, if the loan is in arrears for one to two years, an additional fee of 30% to 50% will be charged according to the benchmark interest rate of the one-year loan; If the loan is in default for two to three years, an additional 30% ~ 50% will be charged according to the benchmark interest rate of the two-year loan; If the default exceeds the longest loan term (currently 5 years), a fee of 30% ~ 50% will be charged according to the benchmark interest rate of the longest loan term (i.e. 5-year loan). (3) The penalty for late payment is not supported. A few judges may refuse to protect the rights and interests of creditors on the grounds that the original standard has been abolished and the new standard cannot be applied. In judicial practice, the parties have to abide by it. Relevant laws and regulations: Reply of the Supreme People on the Calculation Standard of Late Payment Fees [1999] No.8 "Reply of the Supreme People on the Calculation Standard of Late Payment Fees" was adopted by the Supreme People's Judicial Committee at its19991042nd meeting on129, and is hereby promulgated, since 65438.

What should loans overdue do?

First of all, tell your family about loans overdue and work it out with them.

If we go to loans overdue, we must keep a good attitude and deal with it calmly. We should take the initiative to communicate with our families about the loans overdue issue and discuss solutions together. Many hands make light work, especially when loans overdue happens, our mentality is not very stable, and some extreme ideas may appear, which will lead to worse things. My family will definitely work with you to solve this problem. Loans overdue is not terrible. The key is that we should find a way to solve it. It is necessary to solve this problem with our families, and the possibility of successfully solving the loans overdue problem is high.

The second is to communicate and negotiate with financial institutions to determine the repayment plan.

When we have a certain solution to overdue loans, we should take the initiative to communicate face to face with financial institutions. In the communication with financial institutions, we should first express that we are not malicious to overdue loans, and we should inform financial institutions of the actual situation and gain their understanding. At the same time, we are willing to repay and will not default. Secondly, we should communicate with financial institutions about our actual situation and the initial repayment plan, explain the reasons for our planned subsequent repayment, and try our best to get the support of financial institutions for the plan.

In communication with financial institutions, you can negotiate the overdue interest rate and liquidated damages in loans overdue to minimize your repayment pressure. Finally, after obtaining the financial institution's approval of the scheme, we should sign relevant supplementary agreements with the financial institution, clearly stipulating the subsequent repayment amount, repayment time and liability for breach of contract, so that we and the financial institution can clearly define our responsibilities and avoid subsequent disputes.

Third, reduce expenditure while increasing income sources, and repay in strict accordance with the repayment plan.

After finalizing the repayment plan with financial institutions, we should raise money quickly. If we want to repay our debts, we must work hard to earn more income. At the same time, we must try our best to reduce unnecessary expenses and increase our overall income by opening up new sources and reducing expenditure. While increasing income, we must strictly implement the established repayment plan and return the agreed repayment amount within the specified time. We cannot lose confidence in financial institutions again.

What is the standard for financial institutions to collect overdue loan interest stipulated by the People's Bank of China? Great gods, help!

I. On the issue of penalty interest rate. The default interest rate of overdue loans (loans that the borrower fails to repay on the date agreed in the contract) is adjusted from the current daily interest rate of 2. 1% to 30%-50% higher than the loan interest rate stipulated in the loan contract;

If the borrower fails to use the loan according to the purpose agreed in this contract, the penalty interest rate will be changed from the current daily interest rate of five ten thousandths to 50%- 100% higher than the loan interest rate stipulated in the loan contract.

Two. Notice of the People's Bank of China on Issues Concerning the Interest Rate of RMB Loans (Yinfa [2003] No.251) All branches and business management departments of the People's Bank of China, policy banks, wholly state-owned commercial banks and joint-stock commercial banks: In order to steadily push forward the interest rate marketization reform, give full play to the regulatory role of interest rate leverage.

The relevant matters concerning RMB loan interest rate and interest settlement are hereby notified as follows:

I. On the interest settlement of RMB loans. The interest settlement method of RMB loans (not suitable for individual housing loans) shall be determined by both borrowers and borrowers through consultation.

II. Adjustment of loan interest rate during the contract period. The interest rate of medium and long-term RMB loans is fixed from the original one-year period to be determined by both borrowers and borrowers according to commercial principles, which can be adjusted monthly, quarterly and annually during the contract period, or a fixed interest rate can be adopted.

The interest rate of loans with a term of more than five years shall be determined independently by financial institutions with reference to the interest rate of loans with a term of more than five years published by the People's Bank of China.

Third, on the issue of penalty interest rate. The default interest rate of overdue loans (loans that the borrower fails to repay on the date agreed in the contract) is adjusted from the current daily interest rate of 2. 1% to 30%-50% higher than the loan interest rate stipulated in the loan contract;

If the borrower fails to use the loan according to the purpose agreed in this contract, the penalty interest rate will be changed from the current daily interest rate of five ten thousandths to 50%- 100% higher than the loan interest rate stipulated in the loan contract.

For loans that are overdue or not used according to the purpose agreed in this contract, interest will be charged at the default interest rate from the date when they are used in loans overdue or not according to the purpose agreed in this contract until the principal and interest are fully paid off. For the interest that cannot be paid on time, compound interest shall be calculated at the penalty interest rate.

Iv. New loans issued after June 65438+1 October 2004 1 (including June 65438+1October 2004/) shall be subject to this notice. The unexpired loans issued before June 5438+1 October12004 are still executed according to the original loan contract, but this notice can also be executed after mutual agreement.

Five, this notice shall be implemented as of June 1 2004. If the provisions on RMB loan interest rate previously issued by the People's Bank of China are inconsistent with this notice, this notice shall prevail. China People's Bank December 10th, 2003

Extended data:

Article 207 of the Contract Law stipulates: "If the borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or relevant state regulations".

The repealed Economic Contract Law and the Regulations on Loan Contracts have clearly stipulated that overdue loans should pay penalty interest. The Notice of the People's Bank of China on the Interest-bearing Measures after Adjusting the Loan Interest Rate (hereinafter referred to as the Notice) and the Provisions on the Administration of RMB Interest Rate (hereinafter referred to as the Provisions) in 1999 have detailed provisions on the interest collection of overdue loans, and the Supreme People's Government has made detailed provisions on such issues.

According to the above provisions, combined with the actual trial, there are two main ways to calculate the interest of overdue loans: one is to agree on the interest rate during the contract period. Within the performance period agreed in the loan contract, as long as it does not violate the provisions of the People's Bank of China on the upper and lower limits of the loan interest rate of financial institutions, and private lending is not higher than 4 times the bank loan interest rate, the interest rate paid by the borrower can be used to calculate the overdue interest of overdue loans according to the interest rate agreement.

Second, calculate the interest according to the relevant regulations of the People's Bank of China. This interest-bearing method still follows the agreement of the original loan interest rate during the performance of the loan contract, and interest will not be calculated by installments when the interest rate is adjusted.

As for the overdue loan interest rate, the overdue interest will be calculated according to the interest rate adjusted in different periods determined by the People's Bank of China, and the overdue interest will be charged at the same time, or the default interest will be calculated in sections according to the default interest rate determined by the People's Bank of China.

At the same time, the quarterly interest settlement method is adopted for the loans during and after the performance of the contract (short-term loans within one year can also be settled monthly), and the quarterly interest settlement date is the 20th day at the end of the quarter. If the borrower fails to pay the interest on schedule, the interest shall be calculated according to compound interest.

Of the above two interest-bearing methods, the former is generally applicable to private lending, while the compound interest in the latter is not applicable to private lending. The latter is generally applicable to bank loan contracts, while the former is not prohibited by law.

The two interest calculation methods have their own characteristics. Although overdue interest is calculated according to the agreement, it can fully reflect the principle of autonomy of the parties to the contract within the scope permitted by law, and the calculation method is simple. However, if the overdue period is long, when the national interest rate is greatly adjusted,

It may lead to too high or too low interest charge, which violates the spirit of fair civil law. According to the relevant regulations of the People's Bank of China, collecting interest on overdue loans can appropriately reflect the situation of interest payable on overdue loans, but the implementation process is too complicated.