This regulation has been formally implemented from 65438+February to June. On the morning of the same day, the reporter visited a number of commercial banks in our city and learned about the credit card users in our city.
Keywords: two reminders, three months no return
According to the new regulations, there are two restrictive conditions for "malicious overdraft": first, the issuing bank collects it twice; Second, it is not returned for more than three months. This does not include the act of not receiving the bank's dunning notice or other dunning documents and not returning them on time. That is, if the cardholder fails to receive the relevant notice or documents and fails to return them after a certain period of time, it is not a malicious overdraft.
The reporter learned from five commercial banks in the city that as of last month, there were 322 credit card users in the city with a quota of more than 5,000 yuan and suspected of malicious overdraft. Among them, there are 58 employees of ICBC, 59 employees of ABC, 88 employees of BOC, employees of CCB1kloc-0/and employees of Wenzhou 16.
Keywords: malicious overdraft of 5,000 yuan, possible imprisonment.
The new regulations show that in terms of the amount, if the malicious overdraft is more than 6,543,800 yuan but less than 6,543,800 yuan, it is considered as "a large amount"; 6.5438+10,000 yuan to 6.5438+10,000 yuan, regarded as "a huge amount"; 654.38+00,000 yuan, identified as "a huge amount". According to the amount of malicious overdraft, if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan. If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 5 years/kloc-0 years but not more than 0 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan. If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of 10 or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated.
In addition, the provisions of article 196 of the criminal law are still valid. If the credit card is maliciously overdrawn by more than 5,000 yuan, the public security department may file a case, and the court may sentence it to fixed-term imprisonment of more than 2 years and less than 5 years.
At present, the number of credit card users who are about to reach the condition of malicious overdraft in our city is also very large. Quzhou ICBC alone has more than 360 credit card users who have not paid back the money for more than two months. Wang, vice president of the personal finance department of the bank, told me that once it exceeds three months, it will constitute a malicious overdraft and will be handed over to the public security department for handling. I hope these users can repay as soon as possible. "Credit card users will not have bad credit records within 60 days of overdraft, and banks will also send notices to customers during this period." If customers want to know whether they are overdrawn, they can call the bank service hotline or go directly to the bank for consultation.
Keywords: voluntary interpretation, negotiated settlement
Wang Shuying told reporters that the bank's dunning work for customers whose credit cards have not been repaid in time is still very humane. Even if the customer is really in financial difficulties and unable to pay back the money, the bank will not take it to court as long as it takes the initiative to explain the situation to the bank and solve it through negotiation, such as paying back only 10% of the overdraft every month, or signing an agreement on other regular repayment methods and promising to pay back the money later. "If you avoid the bank's dunning notice or change your address and phone number, it will become a malicious overdraft."
At present, banks also take "interest expense reduction" measures for overdraft customers with repayment difficulties. For example, if the customer overdraws 654.38+00000 yuan, after the interest-free period, the bank will pay interest at the interest rate of 654.38+08.5%, and with the late payment fee, it may have to pay back 20,000 yuan after one year. If customers really can't afford it, they can apply to the bank for whether they can reduce some penalty interest and late payment fees. "If the bank thinks that the customer is really difficult, it will generally give relief as appropriate." Insiders said, "This should be discussed with banks, and the standards of each bank are different."
Keywords: false certificate, credit "physical examination"
If a citizen fraudulently uses another person's identity to overdraw, the bank will be responsible for it, and will assist in canceling the bad credit record according to the procedures stipulated by the People's Bank of China without repayment by the customer.
In recent years, it often happens in our city that someone has never had a credit card, but has been urged to repay by many banks. Later, it turned out that someone had taken the credit card. According to industry insiders, citizens should always have a "physical examination" of their credit status. Once it is found that the credit card is fraudulently overdrawn, you can ask the bank to transfer the card application form, because according to the regulations, the credit card application materials must be filled in and signed by the cardholder himself. If it can be proved that the signature is not its own, the bank should bear the corresponding responsibility.