1. There is no agreed interest between the borrower and the lender. In real life, many private loans may have no written evidence, only oral transactions. Even if there is written evidence, many people will not pay attention to the interest when borrowing money. According to the relevant regulations, if there is no agreement on interest between the borrower and the lender, then the lender claims to pay interest within the loan period, and the court will not support it. That is to say, if the borrower and the borrower have not agreed on the loan interest, or only verbally agreed on the interest, then the law will regard it as not paying interest, so the borrower can refuse to repay the interest expenses of such arrears.
2. The loan contract is not clear. According to the relevant laws and regulations, the loan contract should clearly indicate the loan amount, term, interest and other important matters. If the matters agreed in the loan contract are not clear, then the loan contract itself has no legal effect. For this kind of arrears, the borrower can refuse to repay.
3. usury. Private lending is controlled by the loan interest rate. If the previous loan interest rate exceeds 36%, it belongs to usury and usury is not protected by law. The borrower may refuse to repay the excess interest on the loan. According to the new regulations issued by the Supreme Law, the protection upper limit of private lending interest rate is four times that of one-year LPR interest rate. According to the current situation, the protection upper limit of private lending interest rate is 15.4%. If it exceeds this lending rate, it will not be protected by law.
4. There are cases of "beheading". At present, some loan platforms will deduct some fees on the grounds of various handling fees and guarantee fees, resulting in the actual loan amount of the platform being less than the loan amount in the loan contract. In this case, the borrower only needs to repay the actual loan amount and the interest expenses generated by the actual loan amount.
Generally speaking, if the borrower encounters the above situation, then don't be stupid enough to repay the loan according to the requirements of the lending institution. When encountering illegal and irregular loans, everyone needs to learn to protect their legitimate rights and interests by law. In addition, it is suggested that you choose a formal lending institution when borrowing money, so as not to cause unnecessary trouble to yourself.