How is the service fee for online loans charged?

The problem of service fee should be viewed from two angles, one is "project" and the other is "amount". "Project" refers to whether the whole service fee is reasonable. To understand this problem, it is necessary to clarify the legal status of P2P lending platform: P2P lending platform, also known as "peer-to-peer lending information intermediary", which is called "financial information intermediary" by CBRC.

? Its functions are information collection, information release, credit evaluation and credit matching ... So, don't think that you have a loan relationship with the online lending platform. In fact, the online lending platform is just an intermediary. According to the current contract law, there is an intermediary contractual relationship between you and the online lending platform. According to the Civil Code to be implemented next year, you have an intermediary contract relationship with the online lending platform. Of course, whether it is "intermediary" or "intermediary", it is the same thing. It is an intermediary, with you at one end and banks or investors at the other.

? According to Article 426 of the Contract Law, "If the intermediary facilitates the establishment of the contract, you are entitled to compensation", that is, the online lending platform matches you to reach a loan contract with the lender to obtain the service fee, which has a legal basis. You just have to pay interest, not the service fee, which means that the online lending platform has lived in vain. Therefore, the "project" of service fee is almost unreasonable. How to judge whether the amount is reasonable?

? We need to look at it from two aspects. One is whether the cost of using funds exceeds the upper limit prescribed by law, and the other is the principle of fairness in the contract law, that is, whether the "service" you provide me is worth this amount. If the cost of using funds exceeds the upper limit prescribed by law, the excess is directly unreasonable, and there is nothing to say.

? If the expenses do not exceed the upper limit prescribed by law, but the overall calculation is still on the high side, according to the relevant regulations, the borrower regards them as "service fees", "consulting fees" and "management fees". To charge interest or unreasonable fees in disguise, it may be reduced or exempted as appropriate according to the actual situation. However, in practice, it is difficult to do this. Did not exceed the upper limit of the law.