Since 20 16, the online lending platform has been declining year by year. By 20 19, there were only 343 operating platforms. In other words, in the past three or four years, 90% of online lending platforms have ceased to exist.
Moreover, from the perspective of law and policy, after 2020, the intensity of online loan rectification will not be relaxed. The main goal is to retreat. At the same time, guide the remaining online lending platforms to transform into small loan companies.
Therefore, there are many voices saying that online loans should be fully retired, and the money owed does not need to be returned.
This is a wrong cognition.
Why do you say that? Let's go back to online lending itself.
Online lending, the full name of which is peer-to-peer lending, is an integral part of Internet finance.
Peer-to-peer lending is essentially a kind of loan, which has legal basis, such as Contract Law and Several Provisions of the Supreme People's Court on the Applicable Law in the Trial of Private Lending Cases. In today's society, it is unwise to put aside the law and just look at one thing emotionally. There may be some costs, and these costs may be heavy.
Peer-to-peer lending is divided into two types, one is personal peer-to-peer lending, and the other is online microfinance.
Personal peer-to-peer lending, also known as P2P, belongs to the category of private lending. Under this lending model, the online lending platform only plays the role of information intermediary. Just like real estate agents, money is not an online lending platform, but a personal one, and borrowers only get loans through the platform. The online lending platform charges an intermediary fee. One is to charge the borrower a service fee. One is to charge the lender management fees or loan income. In this mode, the two sides of the loan contract are generally the borrower and the lender, but some platforms will provide guarantees for the borrower. If the borrower does not pay back the money, the platform will pay back the money first, then obtain the right of recourse, and then recover from the borrower.
Some platforms do not guarantee borrowers, but obtain creditor's rights from lenders through creditor's rights transfer, and then borrow from borrowers. There are also platforms that do not obtain creditor's rights and only assist lenders to collect from borrowers.
Under this lending model, most of the loan contracts signed are valid, but the interest agreed in some contracts is too high, which is beyond the judicial protection zone. This part of the excess interest can not be repaid, but the interest and principal within the scope of judicial protection must be repaid.
After the online loan platform guarantees compensation or transfer of creditor's rights, it also conforms to the provisions of the Guarantee Law and the Contract Law. Borrowers also need to repay their debts within a legal and reasonable range.
Under this lending model, most of the loan contracts signed are valid, but the interest agreed in some contracts is too high, which is beyond the judicial protection zone. This part of the excess interest can not be repaid, but the interest and principal within the scope of judicial protection must be repaid.
After the online loan platform guarantees compensation or transfer of creditor's rights, it also conforms to the provisions of the Guarantee Law and the Contract Law. Borrowers also need to repay their debts within a legal and reasonable range.
Online microfinance is not that simple. Under this loan model, the online lending platform is no longer just an intermediary. In most cases, Internet companies develop an online lending platform, then find a small loan company and put this small loan company under their control through some means. Then lend money through the online lending platform.
In fact, online lending platforms and small loan companies are a family. However, few people often go deep into their shareholding structure to explore their relationship.
Small loan companies have interest income on loans. The online loan platform controls small loan companies, and the online loan platform is naturally indispensable in this income. Then the online lending platform will also charge the borrower a platform fee. This part of the cost is what we call disguised benefits.
Some small loan companies do not have the qualification to lend, or borrow money from banks and then lend at high interest rates. In this case, the loan contract will be considered invalid. The Contract Law stipulates that after a contract is invalid or cancelled, the property acquired as a result of the contract shall be returned; If it is impossible or unnecessary to return it, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses suffered as a result. If both parties are at fault, they shall bear their respective responsibilities.
In other words, the borrower can no longer perform the obligation of repaying the principal and interest agreed in the contract, and need not bear the liability for breach of contract, but the principal should be returned.
Therefore, debts within the legal and reasonable scope cannot escape.
Then the online lending platform has closed down, do you still have to pay your debts?
If the lender directly asks you for money, it doesn't matter whether the online lending platform will close down or not, it still needs to be returned.
If the online lending platform obtains creditor's rights through guarantee compensation or transfer, then the online lending platform is your creditor, but it is not your only creditor. Because the online lending platform has related parties. The platform is closed and the related parties are still there. You still have to return it. Even if the platform and related parties go bankrupt, bankruptcy liquidation will be carried out before the collapse, and the bankruptcy administrator will continue to collect money from you.
If the online lending platform is retired due to violation of laws and regulations, a retirement manager will be set up when retiring, and the retirement manager will continue to collect money from you.