1. Legal effect of repayment agreement
The repayment agreement belongs to a contract, and the legal effect of repayment agreement needs to have the elements stipulated by law.
first of all, both parties should be consistent in expression and meaning, which is the prerequisite for the establishment of the contract;
Secondly, the content of the agreement does not violate the prohibitive provisions of laws and regulations, which is the premise of the validity of the contract; If the two parties to the agreement have corresponding civil capacity, the subject matter pointed by the civil rights and obligations belongs to them, and so on;
finally, the conditions for the entry into force of the agreement have been met. If the conditions for entry into force are not agreed, they will come into force with signatures or seals of both parties. If the conditions for entry into force are agreed, both parties will not only need to sign or seal the agreement, but also need to achieve the conditions for entry into force.
when it comes to the repayment agreement, firstly, both parties should have the creditor-debtor relationship, secondly, the content agreed in the repayment agreement does not violate the legal prohibition, and finally, Both parties shall sign or seal in a standardized way
II. Model repayment agreement
Party A (creditor):
ID number:
Party B (debtor):
Legal representative:
Address:
Business license registration number:
Party C (guarantor):
Legal representative. :
legal representative:
business license registration number:
entrusted agent:
ID number:
According to the provisions of the Civil Code and other relevant laws and regulations, Party A, Party B, Party C and Party D have reached the following agreement on matters related to Party B's loan to Party A through consultation:
Article 1, Party A and Party B have made a pair.
article 2. due to financial difficulties, party b has not fulfilled the repayment obligation. in order to ensure the early realization of party a's creditor's rights, party b promises to repay in the following ways:
1. party b promises to repay the loan owed by RMB (subtotal: RMB) before.
2. Party B promises to repay the outstanding loan of RMB (subtotal: RMB) before the year month.
3. Party B promises to repay the outstanding loan of RMB (subtotal: RMB) before the year month.
4. Party B promises to pay off the outstanding loan of RMB (subtotal: RMB) before the year month.
5. if party b fails to pay in full in one installment according to the above time, party a has the right to apply for compulsory execution of the remaining loan. All expenses (including but not limited to legal fees, preservation fees, appraisal fees, evaluation fees, auction fees, attorney fees, execution fees, etc.) arising from Party A's claim for rights shall be borne by Party B, and Party B shall also pay 1% of the liquidated damages owed to Party A..
article 3, guarantee of loan
1. party c and party d voluntarily undertake joint and several liability guarantee for party a's creditor's rights to party b under this contract. If Party B fails to pay off the debts to Party A as agreed in this Contract, Party C and Party D guarantee to pay the debts owed by Party B to Party A within three working days after the repayment period expires.
2. After Party C and Party D repay the loan provided by Party A to Party B on behalf of Party B, they will become the new creditors of Party B, and all the rights enjoyed by Party A to Party B will be transferred to Party C and Party D immediately. Party B shall repay the principal and interest, liquidated damages and compensation fees owed to Party C and Party D within three days after Party C and Party D repay the loan on their behalf.
article 4: dispute resolution
in case of any dispute during the performance of this contract, it can be settled through negotiation among the four parties. If negotiation fails, it may be submitted to Luoyang Arbitration Commission for adjudication.
the contract will come into effect
it will come into effect after being signed by Party A and sealed by Party B, Party C and Party D..
this contract is made in quadruplicate.
statement terms
1. Party A, Party B, Party C and Party D have read all the terms of this contract in detail, and they are fully familiar with and fully understand the meaning of the terms of this contract and the corresponding legal consequences, and they have the same understanding and have no objection.
2. Party A, Party B, Party C and Party D have the right to sign this contract.
party a (creditor): party b (debtor):
year month day
party c (guarantor)
year month day
party d (guarantor):
year month day
contract signing place:
please click to enter a picture description (up to 18 words) to negotiate the repayment application.
The borrower (person) XX borrowed (in words) RMB XX from your company on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Due to XX and other reasons, the loan cannot be repaid within the original stipulated time limit, so I hereby apply for an extension of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
hereby apply for
borrower (signature): _ _ _ _ _?
Guarantor (signature and seal): _ _ _ _ _ _
Approval opinion of the person in charge of the company: date of _ _ _
Extended information
If the credit card is overdue because it has not been paid, it is necessary to pay attention when writing the application for repayment negotiation with the bank. First, you should write your real name, and then write overdue.
after writing this information clearly, elaborate the reasons for the overdue, such as explaining it if there is any unexpected situation. After writing down the reasons clearly, express your willingness to repay actively, and then make a request for repayment through negotiation, and apply for delaying repayment or stopping interest payments. How to write an application for negotiated repayment of rural commercial banks
The application for negotiated repayment of rural commercial banks is as follows:
1. If the application for negotiated repayment is written by a credit card, the content should include personal basic information, card type, bank to which the card belongs, overdue time, overdue amount and overdue reasons, and finally, negotiate repayment is proposed.
2. If it is an application for repayment through loan negotiation, the contents should include the borrower, loan date, loan amount, loan purpose and overdue reasons, and the contents of negotiation should also be written in.
an application is an instrument used by individuals or collectives to express their wishes and make requests to organizations, organs, enterprises, institutions or social groups. The application form is widely used, and it is also a special letter. Like ordinary letters, it is also a tool for expressing emotions. How to write an application for negotiation repayment?
If it is an application for repayment negotiation, you can write that you have no repayment ability for the time being, but only partial repayment ability, and then ask the bank or loan platform to negotiate repayment, and repay part of the loan first and the rest later.
negotiate repayment.
Most of my friends don't want to give up on themselves after they are in loans overdue. They usually choose to solve the problem by stages, so as to avoid collection and prosecution.
there is a scope for negotiating repayment. these people want to pay back the money, but they are unable to pay it in full! If it is simply to avoid prosecution and collection, then even after negotiation with the bank, it is still unable to fulfill the repayment, and all efforts are in vain, or return to the issue of collection and litigation.
have we thought about the ultimate goal of negotiation under the premise that we have completely lost our repayment ability? Why should we negotiate? The purpose of negotiation is just to avoid litigation. Or is it not collected? After the negotiation is successful, how can I fulfill my debt repayment obligations? If you can't fulfill your repayment obligations, how will you face the problem of handling litigation?
These three problems are contradictory in any way, but most borrowers should think about them, because this is the real meaning that negotiation can bring you. If you really have no repayment ability at all, negotiation is not the most important thing in front of you. As a result, many people lose their jobs or have no income for a long time. The most important thing in front of you is to focus on their work and increase their income, or enhance their own value.
So, if you really don't have any money, the focus should be on submitting several resumes and interviewing several companies, because borrowers must know that they don't have any money in their hands, so what can they talk to others about? Where is your sincerity? The purpose of the bank is also to need your repayment. Don't think of the bank as a charity, and repeatedly breaking your trust in the bank will only bring greater influence to yourself.
The more this time, the more you should focus on your work and how to improve your personal earning ability, instead of thinking about how long you will be sued by the bank and when the collection will come to your door every day. This will not solve your immediate predicament, but will only increase your troubles.
You should concentrate all your attention on your work and improve your ability, instead of counting your fingers every day and thinking about how long you will be sued–this will not solve the dilemma, but will only increase your troubles. Remember that banks are not charities, they need money, not their own feeble explanations, and work hard to make money, which is the best way to solve the arrears!