Part of the interest exceeding 24% shall not be returned. But the interest within 24% must be paid back. Some people think that if the interest rate exceeds 24 and does not exceed 36, you can not repay directly. This idea is wrong, because the interest rate does not exceed 24%, which is protected by law and must be repaid on time. Here are three situations to introduce whether repayment is required if the interest rate is within 24%, the interest rate is between 24% and 36%, and the interest rate exceeds 36%.

1, and the interest rate is within 24%

The interest rate of online loans is within 24%, which is within the scope of judicial protection. That is, the online lending platform sued the court, and the court will give legal protection. Therefore, when the applied online loan interest rate does not exceed 24%, the repayment should be made in strict accordance with the repayment plan. Once the repayment is not made as agreed, the online lending platform can decide whether to sue according to the serious overdue situation. As long as the online lending platform sues, the court will definitely accept it.

2. The interest rate is between 24% and 36%.

The online loan interest rate is within the range of 24%-36%, which belongs to the natural debt area. The natural debt zone means that the borrower refuses to repay more than 24% of the interest, and the online lending platform brings a lawsuit to the court, which is not protected by law. At the same time, the lender returned some interest at the interest rate of 24%-36%, and wanted to sue the court for the interest already paid. The court did not support it because it was based on voluntary payment. At the same time, the previous loan contract also stipulated payment. If you want to apply for interest refund, the court will reject the user's claim.

3. If the interest rate exceeds 36%, the interest agreement with the excess is invalid.

When the online loan interest rate exceeds 36%, the excess interest is invalid. The lender refused to pay more than 36% interest, and the online lending platform sued the court, which refused to accept it. Moreover, the lender voluntarily paid the loan interest, but later found that the loan contract was invalid and wanted to sue the court for this interest, and the court supported it.

The loan interest rate of most formal online lending platforms is within 24%, and only a few platforms have interest rates in the range of 24%-36%. Therefore, when the interest rate is less than or equal to 24%, repayment should be made in strict accordance with the loan contract. When the interest rate is more than 24% and less than or equal to 36%, this part of the interest may not be paid.

What should I do if the online loan interest is too high?

If the interest on online loans is too high, you can apply to the lender to extend the repayment period. According to relevant laws and regulations, the borrower can apply to the lender for extension before the repayment period expires; If the lender agrees, it can be extended. If the lender requires the borrower to pay interest at the interest rate agreed in the contract, the people's court shall support it, except that the interest rate agreed by both parties exceeds 4 times the market quotation of one-year loan at the time of the establishment of the contract.

1. Stop raising loans with loans. If all platforms are overdue, don't return them yet. If you have a thousand in your hand today, you can plug up a thousand holes and take them out. If you can't pay back the 3 thousand tomorrow, online loans will only increase. If you haven't collected all the money you want to repay, part of what you still go in today is waste.

2. Confess to your family immediately. How many platforms are owed, when to borrow, when to return, how much to borrow, how much to take, how long overdue, how much penalty interest, and telephone address. Please list them in your notebook and show them to your family. Don't hide them. Only family will help you in this world.

3. After the deadline, there will be countless collection calls and text messages, which will affect many relatives and friends and even leaders in the address book. Don't be afraid, make a statement in the circle of friends of various groups in advance, let them receive the call, don't say they know you, don't ask more questions, just hang up. Explain it well, the process will be a bit painful, but this is the consequence you have to bear for having fun.

Inform all relatives and friends of their new number and ask them not to contact the old number. After the old card has no phone records for several months, relatives and friends will answer fewer calls.

5. Check your credit report to find out which online loans have credit and which ones don't.

Get a job and live a good life. It doesn't matter how much you owe. As long as people are alive, there is hope.

7. According to the judicial interpretation of private lending, the maximum annual interest rate shall not exceed 24%, and the excess may be refused.

Online loans are unsecured, with high interest rates and high risks.

Compared with the traditional way of borrowing, peer-to-peer lending has no guarantee at all. Moreover, the central bank has repeatedly made it clear that the annual compound interest rate exceeds 4 times the bank interest rate and is not protected by law. It also increases the high risk of online lending (generally 7 times or even higher than the bank interest rate).

Credit risk, the inherent capital of online lending platform is small, and it cannot bear large guarantees. Once there is a large loan problem, it is difficult to solve it. Moreover, some borrowers also make loans for the purpose of fraudulent loans, while the founders of the loan platform have some ulterior motives, and cases of absconding with money also occur frequently. Lack of effective supervision means, because online lending is a new type of financing means, the central bank and the China Banking Regulatory Commission have no clear laws and regulations to guide online lending. For online loans, the regulatory authorities are mainly neutral, do not violate the rules, and do not recognize them. However, with the prevalence of online lending, it is believed that relevant measures will be formulated and implemented in time.

What if the loan interest is too high? Try these techniques.

If the usury interest is too high, the parties may bring a lawsuit to the court, and the borrower may not repay the part that exceeds the interest stipulated by law. The interest rate stipulated by law shall not exceed four times the quoted interest rate in the one-year loan market.

Article 26 of the Interpretation of the Supreme Court on the Applicable Law in the Trial of Private Lending Cases stipulates that if the interest rate agreed by both borrowers and lenders does not exceed 24% per annum, and the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it.

The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid. The people's court shall support the borrower's request to the lender to return the part of the interest paid that exceeds 36% per annum.

If the private lending rate is high, you can bring a lawsuit to the court, which will be determined by the people's court according to law. If the agreed interest rate is too high, the court will determine whether the interest is protected by law in strict accordance with the provisions of judicial interpretation.

The overdue penalty interest of online loans is too high. What should I do?

If the overdue penalty interest of online loans is too high, the borrower can respond as follows:

1. Check whether it meets the standard of usury. If so, you can choose not to repay the interest expenses beyond a reasonable range. For the paid excess, you can also apply for a refund, and the people's court should support it. It should be noted that the Supreme People's Court expressly stipulates that the annualized interest rate of online loans shall not exceed 4 times of the floating interest rate LPR.

2. Collect relevant evidence (such as repayment details, screenshots of fees, transaction records of borrowers and lenders, etc.). ) and report the loan platform to the local CBRC or China Internet Finance Association.

What everyone needs to pay attention to is that it is best to "keep your eyes open" when borrowing, and choose a licensed loan platform with compliant interest charges. Don't borrow money from unknown small loan companies to avoid usury and routine loans. When borrowing money, we should also fully consider our own economic income level and repayment ability, don't blindly borrow too much, pay attention to repayment on time after borrowing, and avoid overdue behavior as much as possible.