It is understood that "beheading interest" refers to a part of the money deducted from the principal when a usurer or an underground bank lends money to a borrower. For example, the lender lent the borrower RMB 6,543,800+,but directly deducted the interest of RMB 20,000 when repaying the borrower, and only gave the borrower RMB 80,000, but the borrower gave the borrower an iou of RMB 6,543,800+.
However, "beheading" is illegal! Article 200 of the Contract Law clearly stipulates: "The loan interest shall not be deducted from the principal in advance. If interest is deducted from the principal in advance, the loan shall be repaid according to the actual loan amount and interest shall be calculated. "
Although the regulation explicitly prohibits charging "beheading interest", the "beheading interest" of cross-dressing is still repeatedly prohibited. Individual platforms steal the concept, cleverly set other deduction names, and package "beheading interest" into consulting fees, fast handling fees, and accelerated audit fees. By deducting these fees, the upper limit of legal private lending interest will be broken in disguise. In addition, if overdue occurs, many lending platforms will charge 1%- 10% overdue fee, which is not a small sum.
Individual online lending platforms cannot attract customers with gimmicks such as credit reporting, two batches of black households and zero interest, but there are hidden traps behind them. Please be vigilant!
In order to avoid accidentally "into the pit", Xiao Yan reminded everyone to pay attention to the following points:
First of all, carefully choose the loan platform!
Secondly, study the contract carefully. Read the relevant terms of the loan carefully, especially the interest rate, term, repayment agreement, overdue collection and other information. And evaluate whether it is reasonable.
Finally, pay attention to keep the communication materials and records of fund transactions in the process of borrowing, and use them as evidence for reporting and litigation when necessary to safeguard their own rights and interests.
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