Current location - Trademark Inquiry Complete Network - Overdue credit card - How to judge the credit card dispute case
How to judge the credit card dispute case
Credit card disputes are often debt disputes, which are no different from ordinary loans. On the premise of confirming the existence of debt disputes, the original application will be judged. If there is debt, the defendant will be ordered to repay the loan and interest according to the agreement. If there is no debt, the original application will be rejected according to law. If the issuing bank requests the cardholder to pay overdraft interest, compound interest, liquidated damages, etc., or payment of installment fees, interest, liquidated damages, etc. as agreed in the credit card contract, and the cardholder requests an appropriate reduction on the grounds that the total amount claimed by the issuing bank is too high, the people's court shall comprehensively consider the relevant financial supervision regulations of the state, the unpaid amount and time limit, the degree of fault of the parties, the actual loss of the issuing bank, etc., measure it according to the principles of fairness and good faith, and make a ruling.

Legal basis

Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Civil Disputes over Bank Cards, when the issuing bank entered into a bank card contract with the cardholder, it failed to fulfill the obligation to prompt or explain the standard terms such as interest, compound interest, fees and liquidated damages, which caused the cardholder to fail to pay attention to or understand the terms. If the cardholder claims that the terms are not the content of the contract and are not binding on it, the people's court shall support them. If the issuing bank requests the cardholder to pay overdraft interest, compound interest, liquidated damages, etc., or payment of installment fees, interest, liquidated damages, etc. as agreed in the credit card contract, and the cardholder requests an appropriate reduction on the grounds that the total amount claimed by the issuing bank is too high, the people's court shall comprehensively consider the relevant financial supervision regulations of the state, the unpaid amount and time limit, the degree of fault of the parties, the actual loss of the issuing bank, etc., measure it according to the principles of fairness and good faith, and make a ruling.