Is it true that online loans are not needed?

Do people who defaulted on online loans really don't have to pay back the money now?

After 20 10, online loans have mushroomed in China. All kinds of enterprises, regardless of qualifications or funds, have set up a platform to engage in peer-to-peer lending activities. At the peak, there were at least tens of thousands of online lending platforms in China, but many of them were informal, with high interest rates, and the corresponding auditing threshold for borrowers was low. As a result, many people are overdue. At the peak, the overdue amount of online lending platform is conservatively estimated to reach at least 654.38+000 billion. For these overdue online loans, some platforms have recovered some of them through various collection methods, but it is estimated that a large part is overdue.

However, since 20 19, China has intensified its efforts to rectify online lending, and many non-compliant online lending platforms have been banned. By the end of 2020, more than 99% of P2P platforms in China have been shut down. Even some illegal and non-compliant online lending platforms have been sentenced, and the platform has been completely paralyzed. It is precisely because of this that those who borrowed online loans and didn't pay them back are lucky, thinking that they don't have to pay them back after these online lending platforms closed down, but is this really the case? It's not that simple. As for whether to pay back the money owed to online loans, it depends on different situations. Some money can be paid back, but some money still needs to be paid back.

First, you still have to pay back the money that meets the legal requirements.

Many of those closed online lending platforms are unqualified and even doing illegal lending, so everyone applauded after being shut down. It is precisely because they violated laws and regulations that many borrowers think that the borrowed money does not need to be returned. However, the illegal operation of these online lending platforms is one thing. It is another matter for people to borrow money. If the online lending platform operates illegally, there will naturally be penalties from the regulatory authorities. If they break the law, they may even be sentenced to jail. However, this illegal operation does not conflict with borrowing money from everyone. Borrowing money from these online lending platforms is only a civil dispute. If you owe money and don't pay it back, these online lending platforms can ask everyone to repay it within the scope permitted by law. For example, the principal and the interest within the scope permitted by law, these online lending platforms claim that the rights and interests are protected by law, and this part of the money is still to be returned. If not, these online lending platforms can completely take everyone to court. Moreover, from the actual situation, although some online lending platforms have closed down, they have not completely disappeared, and they will still leave the collection team, mainly responsible for collecting arrears.

Even if the online lending platform does not set up its own collection team, creditors may set up their own. After all, the money of some mortgage platforms is not their own, but investors' money. These investors include both individual investors and some institutional investors. If the online lending platform closes down and even some operators are arrested, these creditors may still set up their own rights protection and collection teams to recover the arrears. In addition, after some online lending platforms are closed, it is still possible to package some of the arrears and sell them to some asset management companies, so even if online lending platforms no longer exist, these asset management companies will still collect money from everyone. However, no matter who receives the money, only the debt owed by everyone is within the scope of national interest rate protection, and everyone needs to repay it.

Some people may think that once the online lending platform closes down, some bosses may even be arrested and there is no chance of litigation. According to the relevant provisions of the Civil Code Law, once the limitation of action exceeds three years, it becomes invalid. People still think too much about this situation. According to the law, the limitation of action is calculated from the date when the obligee knows or should know that the right has been damaged and the debtor knows. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee. If the online lending platform is punished in violation of regulations, the relevant personnel are sentenced to imprisonment, which is a special case. After they are released from prison, they can still apply to the court for litigation.

Second, if it does not meet the statutory conditions, it shall not be returned.

Many online lending platforms operate irregularly and even violate laws and regulations. For some illegal loans, no matter whether the platform is closed or not, everyone can refuse to repay. The money that can be repaid is as follows.

1, interest rate beyond the scope prescribed by law According to relevant laws and regulations, the interest rate protection scope of private lending is four times that of banks in the same period, while the current one-year bank LPR is 3.8%, which means that if it exceeds 15.2%, there is no need to repay. However, this regulation will not be officially implemented until 2020. Before August 2020, the interest rate of private lending will still be "two lines and three zones", that is, the annualized interest rate is protected by law within 24%, 24%~36% is negotiated by both borrowers and lenders, and more than 36% is not protected by law. In the past few years, the definition of 24% basically applies to online loans borrowed by many people, that is to say, the interest rate within 24% needs to be repaid, and the part over 24% does not need to be repaid.

Second, regular loans don't have to be repaid. In the past few years, some online lending platforms have set up routines to trap various borrowers. For example, the customer obviously only borrowed 1000 yuan, but after 7 days, the borrower was induced to borrow money from other apps on the platform because he could not repay it. Through continuous circulation, it is possible that 1 0,000 yuan will roll into tens of thousands or even hundreds of thousands of yuan. If the money borrowed by the debtor is borrowed from different apps on the same platform, it can refuse to repay the part that exceeds the original money and the interest protected by law. For example, everyone borrowed 1 1,000 yuan at first, and then these online loans automatically owed 50,000 yuan in their internal circulation, of which about 49,000 yuan did not need to be paid back.

Third, you don't have to pay back the beheading. In fact, many online lending platforms have beheading interest when lending money, that is, only a part of the money that customers can get when signing contracts with them. For example, a customer borrowed 654.38+00000 yuan from an online lending platform, and the contract was 654.38+00000 yuan, but the online lending platform deducted 3000 yuan of interest first. The customer actually only got 7000 yuan, but he had to pay back according to the amount of 654.38+00000 yuan. For this kind of beheading interest, everyone only needs to pay the interest according to the money they really get and the corresponding laws, and the excess part can be refused. For example, if you borrow this 1 000 yuan, you actually only get 7000 yuan, and the term is half a year. According to the coverage of 24% interest rate, you only need to pay back 7840 yuan instead of 1 000 yuan, then you can pay back 2 1 less, 60 yuan.

Fourth, forcing customers to borrow money by coercion can be avoided. After some online lending platforms lend money to customers, if customers can't repay the money when it is due, they may join other online lending platforms and use coercion and other means to force users to borrow money. In this case, the customer can also refuse to repay. In short, as for whether the money owed to online loans should be returned, it should be analyzed according to the actual situation. Those that meet the legal requirements must be repaid. If it does not meet the legal requirements, it may refuse to repay.

Is it true that inter-provincial online loans are not needed?

Inter-provincial online loans need repayment. Users need to be clear that there is a civil relationship between themselves and online loans, which means that the borrowed money must be returned. Even if the online loan is not approved by the China Banking Regulatory Commission to lend across provinces, it can only show that the online lending institution lends illegally, the user does not pay back the money, and the online loan is sued to the court, and the court will accept it.

In short, users still need to repay on time after handling cross-provincial online loans. Failure to repay on time will not only affect personal credit information, but may also be sued by lending institutions.

Online lending, mbth is Internet lending, and p2p online lending is the abbreviation of online lending, including personal peer-to-peer lending and commercial peer-to-peer lending. P2P online lending refers to direct lending between individuals through the Internet platform. It is a sub-category of the Internet finance (ITFIN) industry. In 20 12, the number of online lending platforms in China increased rapidly, with about 350 active platforms so far, and the total number reached 3,054 by the end of April 20 15.

The essence of internet finance still belongs to finance, and it has not changed the characteristics of financial risks such as concealment, contagiousness, extensiveness and suddenness. Strengthening the supervision of Internet finance is an inherent requirement to promote the healthy development of Internet finance.

At the same time, Internet finance is a new thing and a new format. It is necessary to formulate a moderately loose regulatory policy to leave room and space for Internet financial innovation. By encouraging innovation, strengthening supervision and mutual support, we will promote the healthy development of Internet finance and better serve the real economy.

Internet financial supervision should follow the principles of "legal supervision, moderate supervision, classified supervision, collaborative supervision and innovative supervision", scientifically and reasonably define the business boundaries and access conditions of various formats, implement regulatory responsibilities, clarify the bottom line of risks, protect legitimate operations, and resolutely crack down on illegal activities.

Peer-to-peer lending includes personal peer-to-peer lending (P2P peer-to-peer lending) and online microfinance. Personal peer-to-peer lending refers to direct lending between individuals through the Internet platform.

Direct lending on the personal peer-to-peer lending platform belongs to the category of private lending, which is regulated by the Contract Law, General Principles of Civil Law and other laws and regulations as well as relevant judicial interpretations in the Supreme People's Court. Network micro-loan refers to the micro-loan provided to customers by Internet companies through their holding micro-loan companies.

Network microfinance should abide by the existing regulations of microfinance companies, give full play to the advantages of peer-to-peer lending, and strive to reduce the financing costs of customers. P2P loan business is supervised by China Banking Regulatory Commission.

In the continuous exploration and practice of P2P online lending, it is suggested that friends and relatives should be introduced into credit loans for joint guarantee, and mortgages or pledges should be introduced into other loans for counter-guarantee. At the same time, the enterprise loan project introduces a third-party financing guarantee company to audit and guarantee the project principal and interest, and requires that its guarantee scale should match the guarantor's guarantee amount, and the guarantor should also strengthen its own risk control management.

Tik Tok said that online loans don't need to be real.

Fake. Because any online loan must be repaid, but most online loans are not credible, which is a means for Tik Tok to attract traffic.

Why did the police say that online loans don't have to be repaid?

Impossible, no one dares to say "online loans don't have to be repaid"! The law just does not support usury, and if the lender is involved in illegal acts, it will be dealt with according to law. Of course, if someone cheats other people's property under the guise of lending money online, but the loan is not obtained, the victim has already suffered losses, and there is no need to talk about paying back the money.