It is worth mentioning that this is the second appeal and reconsideration of the loan company, and a lawsuit was rejected by the court.
So how did the court decide this time?
After investigation, the loan company used Internet information technology to build a financing business platform without the approval of the financial supervision department, and engaged in financing business for profit, which violated the provisions of the Commercial Banking Law and the Securities Law 1030 10 and disrupted the financial market order.
The court of second instance still rejected the company's lawsuit.
So, you don't have to pay back the 12000 yuan borrowed by Teacher Xue?
Answer: Yes.
There is an express law in our country: without the approval of the competent authority according to law, no unit or individual may set up an institution engaged in or mainly engaged in lending business, and may not take lending as its daily business activities; In private lending, the lender's funds must be its own funds with legitimate income, and it is forbidden to absorb or disguise other people's funds for lending; In the name of providing services and selling goods, we should severely crack down on the behavior of actually charging high interest (fees) and issuing loans in disguise.
In other words, in the face of non-compliant loans, borrowers may not have to repay.
In addition to non-compliant platforms, there are actually some online loans that do not need to be returned:
1. Korea
The first is usury, and the interest rate agreed by both borrowers and lenders exceeds the annual interest rate of 36%.
China's policy stipulates that once the interest rate agreed by both borrowers and lenders exceeds the annual interest rate of 36%, the interest agreement in excess will be invalid. Therefore, if the annual interest rate exceeds 36%, the borrower can choose not to repay the excess interest, or recover the excess through judicial channels.
2. Conventional loans
In recent years, cases of "routine loans" have emerged in an endless stream, and borrowers have suffered huge property losses, even losing all their money. The competent legal department clearly demanded that the crime of "routine loan" be severely cracked down. Therefore, if the borrower is in debt because of regular borrowing, then it is not a penny! Use! And!
3, beheading interest
What is beheading interest? That is, when lending to the borrower, deduct some money from the principal.
For example, if the lender lent the borrower 60,000 yuan, but directly deducted the interest of 654.38+0,000 yuan when returning the borrower's money, and gave the borrower 50,000 yuan, the borrower gave the situation that the borrower issued a receipt of 60,000 yuan, then the interest deducted of 654.38+0,000 yuan was beheading interest.
The interest on beheading is not protected by law, so if the borrower is in this situation, this 10 thousand yuan doesn't even have to be repaid with interest.
Related Q&A: Related Q&A: Now the online loan is overdue. Call home, can I not return it? I have been late for many years. I will personally talk about what the online loan will face after it is overdue and how to deal with it.
First, since you are overdue and can't pay off in a short time, all kinds of intimidation methods of online loan companies will appear one after another. A common explosive address book lets relatives and friends know that you owe online loans, and will also call the village Committee harassed by the information on the ID card, that is, the village head will be harassed by the online loan company. Then all kinds of lawyers wrote that it was deceptive to sue for breaking the law.
1. Since the address book has been exploded, the online loan company is not kind, and everyone knows it, then you don't have to return it. Others already know what it means to pay back money. You can call these loan sharks, and they won't agree to repay the principal. When they agree to repay the principal, they will naturally pay it back, letting everyone know that you are not just waiting to repay the principal, but actually doing it again. Sometimes you don't need to explain.
2. It's no use harassing relatives and friends in your address book by all kinds of phone calls, so you will say that you are suspected of fraud and deliberately don't return, and there are all kinds of people who report to the police station to arrest people. The online loan is borrowed by you normally, which is a civil dispute. One is willing to borrow, and the other is not paying back. There is no illegal act. Public security has no right to arrest people. Even if you file a lawsuit, you won't pay the lawyer's fee. Ignore him. If you file a lawsuit, you will freeze the bank card.
3. There is almost no prosecution for online loans, because prosecution is very troublesome and requires manpower, energy, time and financial resources. In other words, online lending companies should ask people to waste money, energy and time to sue. As a result, the court ruled that the repayment of money was not much more than the principal. If you have no money or haven't paid it back, you have to go to court to apply for enforcement. If you have no property in your name, you will get nothing in the end.
4. But don't borrow Lacarra's money, because it is widely rumored on the Internet that Lacarra has something to do with Guangzhou Internet Court, so he will sue you in Guangzhou Internet Court after Lacarra's deadline, and then decide to pay back the money. If it is not returned, it will be enforced after half a year, the bank card will be frozen, and the money in your WeChat Alipay will be taken away, but WeChat will not be frozen. It is said that your enforcement will be cancelled after half a year, just like nothing happened.
5. One more thing, attorney fees, enforcement and other expenses are very low. Don't be afraid. The lawyer's fee is paid by the online loan company, which has nothing to do with you.
6. What other arbitration committees are there? Don't take any notice of such arbitration. Remember that you can't ignore it. There is no compulsion. In other words, if the court does not agree to this kind of online mediation, it will automatically close the case and nothing will happen.
7. No prosecution within three years, and no prosecution after three years. At that time, the prosecution will almost be rejected by the court, because it has expired and the time limit for prosecution has passed.
Second, try not to buy five insurances in your future work, at least for three years, so that others can easily find out where you work and will probably inform your company to come to you.
Third, prepare other people's (trusted relatives, such as Mom and Dad) WeChat, Alipay bank card, mobile phone number and bank card, which are all tied together for your use, not in your own name, and the court has no right to freeze, so you have to take out the money and deposit it in someone else's bank card, or deposit it in a bank card through other transactions, and you can't transfer it directly. You have to pass others on the way. It's best to withdraw money and deposit it yourself, or set up one yourself.
So even if you are sued, there is no property in your name, and there is nothing in your name. If there is a property under the name, it should be transferred at the beginning of the overdue period, preferably before the deadline.
Don't worry about credit reporting and Lao Lai. There was no credit report before. Everyone has saved more money. If a person's integrity is determined by financial institutions, how can the same person survive in this real society without lying? As long as you have money to do a lot of great things.
The above information is provided for overdue borrowers. You can also look at this knowledge.