"Before borrowing, if I knew there was such a high headcut and renewal fee, I wouldn't borrow at all." Mr. Chen angrily told the reporter.
In December 2018, Mr. Chen met Cai Moumou through the Internet. Mr. Chen borrowed 3,000 yuan from Cai Moumou, but the actual amount was only 2,300 yuan. The cut interest rate is close to the annualized interest rate of 23.3%. The loan period is 6 days. After the money expired, Mr. Chen paid back on time. After the first transaction was successful, Mr. Chen found that there was no risk, the cooperation was good, and he began to feel more relieved. He gradually increased from 3000 yuan to 7000 yuan. After borrowing money, and unable to repay the loan on time, Cai Moumou introduced his associates Huang Moumou, Wang Moumou and others to Mr. Chen, causing Mr. Chen to fall into the predicament of maintaining a loan. As of January 2019, Chen had borrowed more than 180,000 yuan, and paid for the extension, repayment and other expenses to pay up to more than 300,000 yuan. In just 4 months, Mr. Wang paid almost double the cost.
Why would such a high debt be owed? It turned out that every time the loan was due, Cai Moumou and the gang induced Mr. Chen to impose high debts by means of "credit support". When you borrow 10 pens, you find that you need to borrow another 20 pens to repay. Coupled with the high turnover period of 6 days, there will also be a large amount of renewal fees.
"The victim only learns that there are high head-cutting interest rates and renewal fees after the loan has been successfully borrowed, and these two costs are also the source of the illegal profits of the routine loan gang." The police handling the case said.
After an in-depth investigation by the police, a criminal group led by Cai Moumou who committed an illegal crime of online routine lending gradually surfaced. The gang has a stable organizational structure and a clear division of responsibilities. The act committed a crime that caused the victim, Mr. Chen, to repay much more than the actual loan.
With the continuous advancement of the special anti-crime campaign, the encirclement and suppression of illegal crimes of “routine loans” has been increasing, and some illegal crimes of “routine loans” have begun to use online platforms to move from offline to online, with traditional contacts. Transformed crime into a new type of non-contact crime, more concealed and more harmful.
The person in charge of the tool platform loan loan cheetah operation told reporters that loan loan tool is a tool for borrowing and delinquent, the main function is to generate and save electronic contracts and promote credit. The loan loan position is neutral, and it is necessary to prevent creditors from cheating debtors and debtors from cheating creditors. When a user registers an app, uses a certain function for the first time, and has a creditor's debt relationship with a certain user for the first time, he will prompt the risk accordingly. For example, when the debtor owes the debt for the first time, the system will prompt you to confirm that you have received the loaned funds, or that you have other real debts online, otherwise, once the debt is confirmed, you will need to repay the debt when it is due.
It is reported that Lending Loan actively launched the "Cheetah Operation" to resolutely resist illegal crimes such as "Routine Loan", and cracked down on illegal lending and other illegal activities through technical detection and manual review. "Routine loan" linkage mechanism. In addition to guaranteeing the security of user accounts, the loan risk control system of Jiudianbao can also find suspected gang members based on a single account provided by the police or reported by users, and provide clues for further tracing for relevant departments. At present, he has assisted the police in Luoyang, Henan, and Tianmen, Hubei, to criminally detain multiple suspects and seized millions of dollars in the funds involved.
Legal experts in the industry said that when it is urgent to use money or capital turnover is necessary to borrow online, it is necessary for the borrower to practice a pair of "hole" avoidance eyes.
First of all, it is necessary to see who borrows from and whether the risk is manageable. Second, the loan contract must be seen clearly. The main contents of the loan contract include terms such as the type, purpose, amount, interest rate, duration and repayment method of the loan. Among them, special attention should be paid to the following: First, "cutting the head". "Head-cutting interest" is a folk saying, usually referring to the situation where the lender deducts a certain amount of the principal from the principal when lending to the borrower, resulting in a situation where the actual amount paid to the borrower is inconsistent with the principal stipulated in the contract. To this end, Article 200 of China ’s Contract Law stipulates that the interest on the loan cannot be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan should be returned and the interest calculated based on the actual amount of the loan, that is, the principal of the loan should be the borrower The amount actually received. For example, Mr. Chen borrowed 3000 yuan, and the actual amount received was 2300 yuan. The principal of the loan should be 2300 yuan, not 3000 yuan.
The second is the annual interest rate. Article 26 of the "Supreme People's Court Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases" stipulates that if the interest rate agreed by the borrower and lender does not exceed 24% per annum, and the lender requests the borrower to pay interest at the agreed rate, the people's court shall Give support. The interest rate agreed between the borrower and the borrower exceeds 36% per annum, and the excess interest agreement is invalid. If the borrower requests the lender to return the interest paid over 36% of the annual interest rate, the people ’s court shall support it.
In addition, the latest "Opinions on Handling Criminal Cases of Illegal Lending" clearly stipulates that illegal lenders use deductions such as audit fees, beheading interest, management fees, overdue interest, and liquidated damages, as well as pre-deductions from the principal, etc. Where interest is charged by way of calculation, the relevant amount shall be included in the calculation of the actual annual interest rate. In this case, Mr. Chen borrowed 3,000 and suffered a headcut of 700 yuan, plus the original loan interest rate was 24%, and Mr. Chen's actual annual interest rate was 47.3%.
The third is the repayment method. Regardless of whether it is a one-time principal payment or installment repayment, if the relevant contract is signed on the online platform, be sure to repay directly through the app, do not directly transfer the repayment through other methods, because private transfers are not for the borrower Any guarantee. If the loan has been paid off by transfer, be sure to keep the corresponding chat records and evidence. It is best to contact the customer service of the platform to confirm, so as not to cancel the account after repayment.
Legal experts suggest that if the online loan encounters a “routine loan”, the borrower should keep the relevant written or audio evidence, video and other electronic evidence and report it to the public security organ or the relevant judicial organ. If you encounter relevant circumstances during court enforcement, you can also report to the public security organ while claiming the right to relief through legal procedures. After receiving the relevant clues for reporting, the court will also transfer the clues to the relevant authorities according to law.
