Current location - Trademark Inquiry Complete Network - Overdue credit card - Do you have the right to ask the bank to stop collecting money during pregnancy?
Do you have the right to ask the bank to stop collecting money during pregnancy?
How can the bank stop the collection?

Article 70 of the Measures for the Supervision and Administration of Credit Card Business of Commercial Banks:

Under special circumstances, if it is confirmed that the amount owed by the credit card exceeds the cardholder's repayment ability and the cardholder is still willing to repay, the issuing bank can negotiate with the cardholder on an equal footing and reach a personalized installment repayment agreement. The longest term of personalized installment repayment agreement shall not exceed 5 years.

If both parties reach an agreement and sign an installment repayment agreement, the card-issuing bank and its card-issuing service institution shall stop the collection of the cardholder, except that the cardholder fails to perform the installment repayment agreement. If an oral repayment agreement is reached, the issuing bank must keep the recorded data. Records shall be kept at least until the date of settlement of arrears.

Measures for the supervision and administration of credit card business of commercial banks

Chapter I General Provisions

Article 1 In order to standardize the credit card business of commercial banks, protect the legitimate rights and interests of customers and banks, and promote the healthy and orderly development of credit card business, these Measures are formulated in accordance with the Banking Supervision Law of the People's Republic of China, the Commercial Bank Law of People's Republic of China (PRC), the Regulations on the Administration of Foreign Banks in People's Republic of China (PRC) and other laws and regulations.

Article 2 Commercial banks shall strictly abide by national laws, regulations, rules and relevant policies, and follow the principles of equality, voluntariness, honesty and credibility.

Article 3 Commercial banks operating credit card business shall protect the legitimate rights and interests of customers and the security of relevant information according to law. Without the authorization of the customer, the relevant information shall not be used for other purposes than the bank's credit card business.

Article 4 Commercial banks operating credit card business shall establish and improve the risk management and internal control system of credit card business, strictly implement authorization management, and effectively identify, evaluate, monitor and control business risks.

Article 5 Commercial banks operating credit card business shall fully disclose relevant information to cardholders, reveal business risks, and establish and improve the corresponding complaint handling mechanism.

Article 6 The China Banking Regulatory Commission and its dispatched offices shall supervise and manage the credit card business of commercial banks according to law.

Chapter II Definition and Classification

Article 7 The term "credit card" as mentioned in these Measures refers to all kinds of media that record the relevant information of the cardholder's account, have the function of bank credit line and overdraft, and provide relevant banking services for the cardholder.

Article 8 The term "credit card business" as mentioned in these Measures refers to the banking services provided by commercial banks using bank cards with credit limit and overdraft function, mainly including card issuing business and acquiring business.

Article 9 The term "card issuing business" as mentioned in these Measures refers to the relevant banking services provided by card issuing banks after signing contracts with qualified customers according to the evaluation results of customers.

Card issuing business includes marketing promotion, credit approval, card production and issuance, transaction authorization, transaction processing, transaction monitoring, fund settlement, accounting processing, dispute handling, value-added services and debt collection.

Article 10 The term "issuing bank" as mentioned in these Measures refers to a commercial bank that has been approved by the China Banking Regulatory Commission to start credit card issuance business and bear the relevant responsibilities for risk management of card issuance business.

Article 11 The term "card issuing service institutions" as mentioned in these Measures refers to legal persons or other organizations that have signed contracts with card issuing banks to assist them in providing credit card services.

Article 12 The term "acquiring business" as mentioned in these Measures refers to the services provided by commercial banks for merchants to accept credit cards and complete the settlement of related funds.

The acquiring business includes merchant qualification examination, merchant training, terminal installation and maintenance management, transaction authorization, transaction information processing, transaction monitoring, fund advance, fund settlement, dispute resolution and value-added services.

Article 13 The acquiring bank as mentioned in these Measures refers to a commercial bank that provides credit card acquiring business services or settlement services for credit card acquiring business according to the contract, and undertakes relevant responsibilities for risk management of acquiring business.

Article 14 The term "acquiring business service institution" as mentioned in these Measures refers to a legal person institution or other organization that has signed contracts with acquiring banks or acquiring business settlement banks to assist them in providing credit card acquiring business services.

Article 15 Credit cards issued by commercial banks can be divided into personal cards and corporate cards according to different issuers. Among them, company cards are divided into business travel cards and business purchase cards according to their uses.

Business travel card refers to a credit card that a commercial bank signs a contract with a government department, a legal person institution or other organizations to establish a travel expense reimbursement relationship and provide daily business expenses and financial reimbursement services for its staff.

Business procurement card refers to a credit card that a commercial bank signs a contract with a government department, a legal person institution or other organizations to establish a relationship of reimbursement of procurement expenses and provide them with services related to procurement expenses such as office supplies and office affairs.

Article 16 The term "students" as mentioned in these Measures refers to full-time students studying in educational institutions.

Can you call the bank to stop the collection?

You can call the bank for collection. When the collection personnel have the following illegal collection behaviors, they may request to stop the collection.

1. If anyone contacts you, please call your emergency phone number, or call the address book or company number.

I'll call you outside from 2.9: 00 to 18:00.

3, pretending to be a public security law to send you a letter or send a text message.

It is illegal for the collection personnel to carry out the above acts, and it is illegal to call numbers other than emergency contacts. At this time, you must save the relevant evidence, and then call the customer service of the bank to explain that the illegal evidence collected by your bank has been saved and ask to stop collecting it.

Or you can call me at a specified time, such as noon 12:00- 13:00. You will answer the phone at this time, and you are not available at other times. You just have to do this. Of course, stopping collecting is only temporary. If you want to solve the problem fundamentally, you still have to negotiate with the bank on how to repay the loan. For example, you can negotiate personalization with the bank, which can be divided into 60 periods in five years at the longest.

The collection of overdue credit cards is divided into two stages:

The first stage is internal collection within 90 days overdue. Generally, this kind of collection is in the form of reminder or warning, and the cardholder is informed of the consequences of overdue by phone or SMS, and there will be no excessive collection.

The second stage is outsourcing collection overdue for more than 90 days. Outsourcing collection method is much more intense than internal collection of banks. They will use various means to force the debtor to pay back the money, such as threatening the debtor by phone, calling people around before a few o'clock, or arranging people to visit at home. If it is still overdue, it will be given a warning by SMS or lawyer's letter. If it is not returned, the case will be handed over to the legal department. There are worse means, such as calling the debtor's company or harassing the company.

Does the state expressly stipulate that banks can stop collecting money from lactating women?

There is no such regulation. It is not natural to owe money, and the state does not stipulate that lactating women do not have to pay back the money, nor does it stipulate that banks cannot collect the arrears.

Can I negotiate if my credit card is overdue when I am pregnant?

You can negotiate with the bank. First, if it is overdue for a long time, the bank will make a dunning. If the repayment is still not made, the bank has the right to bring a lawsuit to the court. It's hard to deal with when suing. The court will sentence you for credit card fraud! Second, overdue credit cards affect credit records, and credit stains will be recorded in the credit information system. If you want to handle other bank loans and credit card business, the bank will check the credit report. If there is a record of non-repayment, the bank will generally not accept the application. Find a way to pay back the arrears, and the card will be restored naturally. After that, it will take about half a year to accumulate good credit records of credit card swiping and repayment, and cover the original bad records with good records. This is the right way. Or you can return the card after repayment. Credit cards are only used in emergencies. If it is not used well, it will only stimulate consumption desire. As a result, the more you swipe your card, the more you owe. Legal basis: Article 196 of the Criminal Law of People's Republic of China (PRC) commits credit card fraud under any of the following circumstances. If the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) using a forged credit card or using a credit card fraudulently obtained with false identification; (2) Using an invalid credit card; (3) Fraudulent use of another person's credit card; (4) malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.