(2) For platforms with annual interest rate exceeding 36%, you can discuss with the other party. More than 36% of the platforms do not meet the national regulations and belong to usury. You only pay 36% of the interest and principal. Many platforms' interest plus various service fees can reach an annual interest rate of 80% and 90%, which is illegal. Basically, the platform wants to get back the principal, and there is a lot of room for manoeuvre.
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Overdue loans are also called "overdue loans" or "overdue loans". Refers to the unpaid part of the loan within the repayment period stipulated in the contract. From the date of overdue, transfer to the overdue loan account, and indicate the words "overdue loan" in the header of the loan account. In order to urge the loan unit to return the overdue loan as soon as possible, 20% interest will be charged on the overdue part. According to the national loan regulations, if the principal and interest cannot be repaid on schedule, it shall be returned with the retained basic depreciation fund, enterprise fund or retained profit, and shall not be squeezed into the cost, occupy taxes or collect profits.
According to the relevant provisions of the Contract Law, the borrower fails to repay the loan within the time limit stipulated in the loan contract, which is a breach of contract and should bear the liability for breach of contract. The ways to bear the liability for breach of contract include returning the loan principal, paying the interest during the loan period agreed in the contract and paying the interest of loans overdue.
Repaying the loan principal and paying interest within the loan period agreed in the contract will generally not cause disputes because the parties have clearly agreed in the loan contract; There is a great dispute between the parties about the interest on overdue loans, and the standards applied by judges in hearing such cases are not uniform, which affects the authority of the law. Lawyers believe that it is necessary to integrate this issue so that everyone's understanding can be unified.
The funds invested by banks in such loans may or may not be recovered in the future. There is a great possibility of losses, and commercial banks usually have to impose a penalty interest on such loans. Overdue loans are the problem assets of banks. Commercial banks should maintain a high capital reserve, and the reserve ratio is generally 50%.
During the slowdown of economic growth, some small and medium-sized enterprises encountered some difficulties, especially in Zhejiang, where private lending was prevalent before, which became an important reason for the decline in the quality of bank assets in this round. Take Ping An Bank as an example. From the perspective of industry, 78% of the new non-performing loans of banks come from manufacturing. By region, 88% of the new non-performing loans in the first half of the year came from the eastern region, indicating that the operating difficulties of small and medium-sized enterprises in Jiangsu, Zhejiang and Shanghai have a great impact on the asset quality of Ping An Bank.