In the face of this catastrophe, most of them were forced to overdue, temporarily losing their repayment ability, and the CBRC made reckless collection. A series of problems such as overdue collection, credit investigation and litigation have seriously affected the normal life of cardholders. In this regard, the China Banking Regulatory Commission issued a series of new regulations on overdue credit cards, and the debtor finally ushered in spring!
202 1 civil code
What are the new rules for overdue credit cards?
1. Interest-free period: In the new regulations, banks can adjust the interest-free period of credit cards according to their own situation and the actual situation of cardholders, not as short as 25 days as before, but as long as 60 days. From 202 1, the interest-free period of credit cards is not fixed.
2. Penalty interest: In the past, after the cardholder was overdue, the late payment fee would be calculated on the second day after the overdue. In the new regulations, banks are not allowed to charge late fees for overdue users, but to charge liquidated damages. When collecting liquidated damages, interest shall not be calculated.
3. Minimum repayment amount: According to the new regulations, when the user is unable to repay, the minimum repayment amount that can be selected is no longer fixed and can be decided through consultation with the bank. Banks can also be set flexibly according to the specific situation of users.
4. Overdraft interest rate: If the user overdraws when using the credit card, the interest rate range will be changed to 0.035%-0.05%.
What are the main changes in the new regulations on overdue credit cards?
1. The sentencing standard for overdue credit cards was changed from 1W to 5W.
2. Change the previous late payment fee into liquidated damages, and the charging method is 5% of the minimum repayment amount, with a comprehensive annualized rate of 1.28%.
3. Cardholders who are unable to repay due to last year's epidemic and are willing to repay will open a special channel to support the negotiation of personalized installment repayment. If it is overdue due to special circumstances, it can negotiate with the bank for repayment, with a maximum of 5 years and 60 installments.
1 day will you receive credit if it is overdue?
Credit card overdue brings credit problems. If you are overdue for more than 9 1 day, the bank will think that you are a malicious loan and it is likely to be blacklisted by the court. I am affected in work, life, travel, accommodation, financing, etc., such as restricting entry and exit; Restrict certain driving behaviors; Freeze the driver's license and limit the annual inspection of the driver's license; Penalties such as restricting high consumption behavior.
If you apply for a credit card with no time tolerance function, you must remember to repay it in time. Otherwise, if it is overdue 1 day, the bank will impose a penalty interest on you and upload the overdue record to the personal credit information system. But don't worry, most banks will take a more tolerant attitude and remedy it in time within the grace period of repayment, and banks will still regard you as a normal repayment. Once the overdue payment exceeds the repayment grace days, you will be charged all the interest charges arising from the overdue payment (if the repayment grace days are 3 days, your repayment within 3 days will be regarded as normal, and no interest charges will be incurred, but you will be charged interest charges from the bank bookkeeping date when you repay on the 4th day). Therefore, before you apply for a card, you must know the rights and interests of the credit card and whether you enjoy the time tolerance function.
Knowledge card: Time tolerance means that if the cardholder fails to repay the credit card on time, the bank will give the cardholder another grace period, usually 3 days; Tolerance means that after the due repayment, the cardholder fails to repay in full, and the unpaid amount is less than or equal to a certain amount stipulated by the bank, which is regarded as full repayment, and the unpaid amount is automatically recorded in the next bill. Generally, the current grace period balance is 10 yuan.
Only some cards in the hymn will have the right of time tolerance and tolerance. Please consult the bank staff before you apply for the card.
What is the standard for overdue filing of credit cards?
Credit card overdue filing is generally divided into two situations: one is civil filing, the other is criminal filing, and different situations face different standards.
I. Civil prosecution
The standard of civil prosecution is relatively low, so if your credit card is overdue and fails to meet the criminal standard of malicious overdraft credit, and the amount owed is more than 5,000 yuan, then the bank, as a creditor, has the right to sue overdue users.
Second, criminal filing.
After the credit card is overdue, it has not been returned after two effective collections by the bank. If the overdue time exceeds three months and the amount reaches more than 50,000 yuan, it will be regarded as malicious overdraft, which constitutes the crime of credit card fraud and may face jail after the court is established.
Is the bad record lifelong?
Overdue credit cards do affect customers' credit records, but they will not have a lifelong impact on customers and cannot be eliminated. The Regulations on the Administration of Credit Information Industry stipulates that the retention period of personal bad information by credit information agencies is 5 years from the date of termination of bad behavior or incident; More than 5 years, should be deleted.
It doesn't mean that bad records exist for five years and will be automatically eliminated when the time comes. This automatic elimination is conditional. If it is overdue again, the bad record will be kept in the personal credit report for five years, and it will be automatically eliminated if it is not overdue within five years. In fact, this elimination is "elimination", not "elimination".
How to avoid overdue?
First, see the repayment date clearly.
First of all, be sure to see the repayment date at the first time and remember your repayment date. Secondly, we should also read the fine information clearly and understand it correctly, so as to effectively avoid overdue and repay the loan on schedule.
Second, bind common bank cards and open automatic repayment.
Most people forget to repay the loan instead of being unable to repay it. They can choose to associate their own bank cards and let the system automatically deduct the money. Prepare funds in advance and repay in advance, because sometimes repayment through third-party platforms will be delayed, and many platforms cannot receive the account in real time. Generally, it takes several minutes or even hours to arrive at the account, so try to avoid repayment on the repayment date and repay at least one day in advance.
Third, for installment repayment
If the repayment cannot be made in time, the current bill should be phased before the repayment date, because most banks can't do it on the repayment date. Although the installment fee is charged, it is much better than overdue. After the deadline, there will be not only bad records, but also penalty interest.
If it is impossible to negotiate, you can consult professional institutions and provide professional personal debt consultation, debt planning and restructuring, negotiation, anti-violence collection and other related legal services to plan your own debt, reduce the debt pressure and get rid of the debt dilemma.
Finally, I hope everyone can seize this opportunity and land successfully!
I'm Serena, and I'm focused on solving the problem of overdue debts. I wish everyone an early landing and pay off their debts!