If the bank card debt is not fully paid off before the repayment date, interest will be charged for every consumption of the current bill, which is a common way of credit card interest calculation for many banks.
According to Li Xiaodong's lawyer, according to the contract law, interest should be compensated by compensation, that is to say, the amount of loss compensation is considered unpaid. However, the full penalty actually exceeds the principle of flat compensation, which aggravates the cardholder's responsibility.
Moreover, Article 2 1 of the Measures for the Administration of Bank Card Business stipulates that when a credit card holder chooses the minimum repayment method or uses the card to exceed the credit limit approved by the issuing bank, he will no longer enjoy the interest-free repayment period, and shall pay overdraft interest calculated at the prescribed interest rate for the unpaid part from the bank bookkeeping date.
"The regulation of the banking industry is that interest should be calculated for the unpaid part. The method of full interest calculation obviously violates the management regulations of the banking industry and is obviously unfair. "
The bank believes that the plaintiff misunderstood this clause. "Article 20 of the Administrative Measures says that cardholders can enjoy an interest-free repayment period if they repay in full and on time. In other words, if you don't repay in full and on time, you will lose the interest-free treatment, and all consumption will be calculated with interest. Article 2 1 means that the remaining unpaid part will always bear interest until it is fully paid off. "
"Your interpretation cannot represent the whole industry." Li Xiaodong's lawyer immediately pointed out that at present, some banks have used the unpaid part to calculate interest according to clause 2 1.
The bank agent retorted: "The behavior of existing banks has no reference. This is our agreed interest-bearing rule, and most banks in the world have been paying interest according to this rule. "
The bank also explained in detail in court why it adopted the method of full interest. "In the credit card relationship, the cardholder's right is to swipe the card at any time within the credit limit and enjoy the interest-free repayment right under the condition of timely and full repayment." "Interest-free repayment period treatment is not equal to interest-free, it is conditional interest-free. Interest is calculated on every penny of the bank's funds, but on the credit card issue, as long as you can repay in full and on time, I won't charge interest. If you can't meet the requirements, I will charge interest. This clause is completely fair. "
At the end of the trial, the judge asked both parties if they were willing to mediate. On the one hand, the bank agreed, and proposed a plan to return the interest of RMB 365,438+07.43 to Li Xiaodong. Li Xiaodong's lawyer insisted on waiting for the verdict. The court no longer presided over mediation, and the case was not pronounced in court.