For example, the lender lent the borrower 654.38+million yuan, but directly deducted 20,000 yuan of interest when paying the borrower, and gave the borrower 80,000 yuan, while the borrower gave the borrower an IOU of 654.38+million yuan, that is, the amount recorded in the IOU was greater than the actual loan amount.
For example, a company borrows RMB 6,543,800+0,300 from an underground bank, with a monthly interest rate of 3 cents and a term of 1 month, and returns RMB 6,543,800+0,300 to the bank at maturity. Then the bank only needs to actually lend the company 970,000 yuan. However, the contract still says that the loan is 6,543,800 yuan, and the 30,000 yuan deducted by the bank is beheading interest.
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%.
Five, it is forbidden to behead:
The Central Bank and the China Banking Regulatory Commission jointly issued the Notice on Standardizing and Rectifying the Cash Loan Business (hereinafter referred to as the Notice), which not only requires the suspension of a new batch of online small loan companies, the suspension of the issuance of online small loans without specific scenarios and designated purposes, but also explicitly stops the "loan assistance" mode of financial institutions and prohibits "beheading" and violent collection.
It is forbidden to issue or match loans that violate the relevant interest rate provisions of the law, that is, the annualized comprehensive interest rate cannot exceed 36%, which means that the ultra-short-term microfinance business will obviously lose its market.
At the same time, the beheading interest rate has been severely stopped, and it will be completely denied that some cash lending platforms raise the loan interest rate in disguise in the name of charging service fees and management fees.