Once upon a time, it was not uncommon for everyone to have one or even a dozen credit cards.

Credit cards have brought huge changes to our lives. Many people love and hate credit cards. It can be said that they love and hate credit cards deeply.

Taking myself as an example, I have more than a dozen credit cards in my hand, with a total limit of nearly 300,000.

Let’s not talk about swiping credit cards for daily consumption. Sometimes when we need money urgently, we will cash out through POS machines.

There are many friends around me who usually rely on credit cards to maintain household expenses, such as paying off mortgages, car loans, etc., and use several credit cards to pay back and forth.

When swiping the card, you should also keep an eye on the repayment date to achieve the maximum usage period (50 days).

1. The phenomenon of spam issuance of credit cards abounds, resulting in a large number of credit card "card slaves".

According to the 2019 annual report of commercial banks released by the central bank, the amount of overdue credit cards nationwide for more than half a year is 90 billion.

In order not to give up the credit card pie, various banks lower the review threshold without a bottom line, and lack sufficient assessment and review of the applicant's financial ability, creditworthiness, repayment ability, and whether the information is true or not. .

As an individual who gets a credit card, it is easy to make impulsive purchases and cannot make reasonable purchases based on one's own income. Over time, overdue repayments may occur.

2. Various charges such as annual credit card fees, overdraft interest, installment fees, cash-out fees, etc. bring huge financial pressure to "card slaves".

Most credit cards have annual fees, ranging from 300 to 600. Generally, you need to make 6 purchases before the annual fee will be waived. Some people are unaware of this policy.

Previously, major banks generally charged credit card overdraft interest rates at 50,000 per day, which is the highest charging standard stipulated by the state, with an annual interest rate of 18.25.

On January 1, 2021, the country canceled the upper limit of 50,000 per day and changed it to be determined through consultation between banks and cardholders. However, to this day, few banks have raised the interest rate. Make proactive adjustments.

Bank service staff often recommend repayment installments. When they introduce it, they often say that there are discounts on installments in the near future, and it only costs 5 yuan per day, which sounds very cost-effective.

But after careful calculation after the installment is successful, if the handling fee is 5 yuan per day for 10,000 yuan, then it is 365*5=1825 yuan per year.

The cash-out handling fee is deducted directly when cashing out. It is usually around 5.5‰. For cashing out 100,000 yuan, the handling fee is 550 yuan.

3. How much can the court support for various credit card handling fees during the litigation process?

I checked the relevant judgments online and found that if the borrower defaults on the credit card principal and interest, the court will basically support it. The calculation standard for interest is 50,000 per day in some courts.

However, some courts believe that the interest stipulated in the bank contract is too high and decide to adjust it to an annualized rate of 15.4.

Regarding liquidated damages for overdue repayment, different situations must be distinguished, and some courts do not support it.

Article 3 of the "Notice of the People's Bank of China on Matters Related to Credit Card Business" that was implemented on January 1, 2017 stipulates that "the late payment fees on credit cards will be cancelled, and the cardholder's default and overdue repayment will be punished." The card issuer should agree with the cardholder whether to charge liquidated damages, as well as the relevant collection methods and standards. ”

If the contract signed between the bank and the cardholder stipulates the calculation of liquidated damages for overdue repayment. method and standards, the court supports the payment of liquidated damages.

On the contrary, if the penalty for overdue payment is unilaterally formulated and collected by the bank, it will not have legal effect on the cardholder.

4. Will frequent cashing out of credit cards constitute a crime? Will he be sentenced?

Cashing out on a credit card is definitely against the rules, but why do people do it even though they know it is against the rules? Because sometimes you really need money for turnover, and credit cards and related credit card institutions can indeed achieve this purpose.

After using it, I paid it back when it was due. How could this possibly constitute a crime? If a crime is committed, who is the victim?

Most people repay their loans normally. There are no victims, but there are beneficiaries.

The crime of cashing out generally refers to the crime of illegal business operations or the crime of credit card fraud.

The crime of illegal business operations generally refers to providing cash-out services to others for professional cash-out institutions or individuals. The amount is huge, usually more than 1 million, and can be sentenced to a fixed-term imprisonment of not more than five years.

The crime of credit card fraud requires the purpose of illegal possession, the overdraft amount exceeds 50,000 yuan, and the card issuer has effectively collected more than 2 times, and refused to repay for more than 3 consecutive months.

Based on the above analysis, as an ordinary individual, cashing out for capital turnover will not constitute a crime as long as the loan is repaid on time.

Credit cards are a good thing, but many people succeed or fail with credit cards.

As an individual, you still need to be cautious when applying for and using a card, and do not use it as much as you can, and use it as little as you can.

If it is necessary, please note the repayment time and repay it in time. Otherwise, you may face civil litigation, enforcement, breach of trust, etc.

As a card issuer, banks cannot just pursue profits. Strict review is required when issuing cards.

Clearly inform cardholders of their rights and obligations, promptly remind customers of repayment, and reduce customer usage costs.

If overdue repayment occurs, different situations must be distinguished, collection measures that have a relatively small impact on cardholders shall be adopted, and various fees shall be reduced or reduced.

As the last line of defense in handling credit card disputes, judicial organs must analyze specific issues in detail, balance the interests of all parties, appropriately exempt and reduce excessive bank fees, and focus on resolving conflicts and Case closed.

We must also severely crack down on criminal acts that seriously infringe on the interests of banks and endanger the order of financial management.