What should I do if the loan contract amounts are inconsistent?
If the loan amount is different from the amount signed in the loan contract, the loan amount actually received will be used for repayment and loan interest calculation. If the lender fails to provide the loan according to the agreed amount, it is a breach of contract. If it causes losses to the borrower, it must compensate for the losses. According to Article 671 of the Civil Code, if the lender fails to provide the loan in accordance with the agreed date and amount, causing losses to the borrower, it shall compensate for the losses. If the borrower fails to collect the loan on the agreed date and amount, the borrower shall pay interest on the agreed date and amount. Article 667 stipulates that a loan contract is a contract in which the borrower borrows money from the lender and returns the loan and pays interest when due. Article 671 of the Civil Code: If the lender fails to provide the loan in accordance with the agreed date and amount, causing losses to the borrower, it shall compensate for the losses. If the borrower fails to collect the loan on the agreed date and amount, the borrower shall pay interest on the agreed date and amount. Article 667 of the Civil Code: A loan contract is a contract in which the borrower borrows money from the lender and returns the loan and pays interest when due. What should I do if the amount owed on the IOU is inconsistent with the actual amount but I have already filed a lawsuit?
If the actual loan amount does not match the IOU loan amount, unless there is sufficient clear evidence to prove the actual loan amount, the IOU amount shall prevail.
Legal Analysis
As for the discrepancy between the actual amount of the loan and the amount stated in the IOU, the party claiming the implementation needs to provide corresponding evidence, which is sufficient to prove that when writing the IOU, due to a clerical error and any discrepancies caused by negligence of both parties, and the loan contract between the two parties shall be performed based on the true loan amount. The party claiming the fact that the loan existed only asserts its rights based on the IOU issued by the other party. If the other party objects to the fact that the loan actually occurred, and there is reasonable doubt about the fact itself, the court may order the party claiming the actual occurrence of the loan to The parties continue to provide evidence on the source of the borrowed funds, the payment process and other facts. If the party claiming that the loan actually occurred cannot give a reasonable explanation, provides insufficient evidence, or the evidence provided cannot form a chain of evidence, it cannot be determined that the loan actually occurred. The content should be relatively complete. The IOU must state the amount of the debt, the currency or quantity of the items, and basic attributes such as name, quality, specification or model, the reason for the arrears, the date of return, the legal consequences of overdue repayment, and the creditor and debtor. The precise name or full name of the document must be signed or signed by the debtor and the date of issuance must be written clearly. In addition to the above-mentioned matters, the IOU must also state the loan period, interest or rent, penalty interest or liquidated damages for overdue repayment, etc. In addition to clearly stating the above-mentioned relevant matters, the receipt must also specify what the legal consequences are. For example, at this point, the debts of both parties are settled, and at this point, the agency contract between both parties is terminated.
Legal Basis
Article 668 of the "People's Republic of China and Civil Code" The loan contract shall be in writing, except where the loan between natural persons is otherwise agreed upon . The content of a loan contract generally includes terms such as loan type, currency, purpose, amount, interest rate, term and repayment method. What should we do if the principal amount of a private loan does not match the actual amount delivered?
If the principal amount of a private loan does not match the actual amount delivered, we should first make a preliminary judgment on whether there are reasonable doubts about the loan facts claimed by the lender that cannot be ruled out. When there is reasonable doubt, the lender should be required to provide further evidence, and the actual amount delivered should ultimately prevail.
Legal Basis
Article 1 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases", the private lending referred to in these regulations refers to natural persons, legal persons and The act of financing between unincorporated organizations.
This provision does not apply to disputes arising from the granting of loans and other related financial services to financial institutions and their branches established with the approval of the financial regulatory authorities to engage in loan business. The actual amount of the online loan received does not match the contract. Is it normal that I still need to continue using my mobile phone?
Not normal.
Under normal circumstances, the actual amount of the online loan received is the same as the contract amount, and after the payment is completed, there will be no other steps that need to be performed again. If it is different, you should be wary that the loan platform may charge additional fees for various reasons in the future.
Alternatively, call the loan platform’s service hotline and contact the customer service staff to inquire about the situation. If necessary, you can collect relevant evidence to report the loan platform to the local Banking Regulatory Commission or China Internet Finance Association.
Online lending means that commercial banks use information and communication technologies such as the Internet and mobile communications to conduct cross-validation and risk management based on risk data and risk models, automatically accept loan applications online, conduct risk assessments, and complete credit extensions It operates core business links such as approval, contract signing, loan payment, and post-loan management, and provides qualified borrowers with personal loans and working capital loans for consumption, daily production and operation turnover, etc.