1. Credit card late payment fee. The so-called credit card late payment fee refers to the fee that the cardholder should pay to the issuing bank according to the regulations when the repayment date (inclusive) is overdue or the repayment amount is lower than the minimum repayment amount. At present, most banks, such as China Merchants Bank, China Construction Bank, ICBC and Shenzhen Development Bank, have a minimum repayment amount of 5%. The minimum late payment fee for the dragon card of China Construction Bank is 5 yuan RMB, and the minimum late payment fee for the dual-currency credit card of China Merchants Bank is 10 yuan RMB or 1 USD.
2. Overdue interest. After a user overdraws with a credit card, there will generally be an interest-free repayment period ranging from more than 20 days to more than 50 days, that is, as long as the cardholder fails to pay off all the overdraft fees within the prescribed time limit, all the expenses of the cardholder last month will no longer enjoy the interest-free treatment of the bank, and the daily interest rate is as high as five ten thousandths, that is, the annual interest rate reaches 18%. Of course, many banks have begun to humanize the full penalty interest rule for credit cards: when credit card customers repay the overdraft consumption in the early stage, due to calculation errors and other reasons, RMB 10 (inclusive) or USD 1 (inclusive) appears in the US dollar account, and the bank will consider it as paid off, and will not charge the corresponding liquidated damages and five ten thousandths of daily interest.
3. Litigation costs. If the user overdraws for 2 months and fails to repay, the bank will call to remind the user to repay. If the repayment is not made, the bank will ask the lawyer to send a lawyer's letter to the user. If the user still refuses to repay after overdraft 180 days, the bank will bring a lawsuit to the court, and the losing party will bear the litigation costs of the case. Generally, the bank wins the case and requires the user to repay, so this part of the cost will be borne by the user.
4. Bad credit record. Credit card users' overdue repayment will be recorded in bad credit records, and the basic database of personal credit information has been networked nationwide. As long as individual residents have handled loan business in banks, applied for credit cards, or provided guarantees for others, credit reports can be found in any domestic commercial bank. For customers with bad records, BOC will be cautious when handling loans in the future, and may require customers to provide mortgages and guarantees, which may reduce the loan amount, raise the loan interest rate or even refuse loans. On the contrary, if there is a good record in the credit report, it is possible to enjoy the preferential amount and interest rate in the future credit business.
5. Criminal responsibility for malicious overdraft. According to article 196 of China's Criminal Law and related judicial interpretations, malicious overdraft refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank; Those who commit credit card fraud with malicious overdraft will be investigated for criminal responsibility for credit card fraud, sentenced to fixed-term imprisonment of not more than five years or criminal detention, and fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years and fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of 10 or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated. Whoever uses a credit card to maliciously overdraw shall be investigated for criminal responsibility for the crime of credit card fraud. The constitutive requirements are that the amount of malicious overdraft is more than 5000 yuan, and it has been collected by the issuing bank for more than 3 months.
What will the issuing bank do if there is no repayment? If the user overdraws for 2 months and fails to repay, the bank will call to remind the user to repay. If the repayment is not made, the bank will ask the lawyer to send a lawyer's letter to the user. If the user still refuses to repay after overdraft 180 days, the bank will bring a lawsuit to the court. See above for the punishment.
Q:
Under what circumstances is it a malicious overdraft of credit cards?
If I overdraw more than 6000 yuan, what is the most serious consequence?
Answer:
Whoever uses a credit card to maliciously overdraw shall be investigated for criminal responsibility for the crime of credit card fraud. The constitutive requirements are that the amount of malicious overdraft is more than 5000 yuan, and it has been collected by the issuing bank for more than 3 months.
Those who overdraw more than 6,000 yuan, with the most serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan.
But generally speaking, it's okay to pay it back.