At first, beheading interest refers to usurers or underground banks. When they lend money to borrowers, they will deduct some money from the principal, which is called beheading interest. However, with the continuous development of the current lending platform, in the actual peer-to-peer lending, beheading interest has gradually evolved into handling fees, consulting fees and service fees, which are directly deducted from the loan principal in advance, resulting in the loan amount obtained being inconsistent with the contract amount.

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First, if users encounter beheading, they should be vigilant and actively prepare sufficient evidence, such as chat records, transfer vouchers, loan contracts, and general recalls. And a series of evidence that they have been beheaded. Remember to protect your legitimate rights and interests according to law.

Second, what should I do if the interest is beheaded? Collecting beheaded interest will make the borrower's interest recover in advance and reduce the loan risk, but on the other hand, it will touch the legitimate interests of the borrower, make the borrower actually get less than the loan amount agreed in the contract, and will affect the rational use of its funds. In serious cases, it will easily cause some disputes between the two parties to the loan contract. According to Article 2 10 of the Contract Law, the loan contract between natural persons shall come into effect when the lender provides the loan. This shows that the loan contract between natural persons can only take effect when it is actually delivered.

3. According to the law, the beheading interest is invalid, and the actual loan amount is used as the principal. According to Article 200 of the Contract Law, the loan interest cannot be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan shall be repaid according to the actual loan amount and the interest shall be calculated. According to Article 27 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, the loan amount specified in creditor's rights certificates such as receipts, IOUs 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. "

Four, from the above two laws, beheading is completely illegal. If it is beheading interest, the court will generally calculate interest according to the actual loan amount. As a borrower, the actual annualized interest paid is generally within 24% and will not exceed 36% at most. If the actual annualized interest rate paid by the borrower has exceeded 36%, the lender may be required to refund the part exceeding 36%.