What should I do if my friend swipes my credit card and refuses to pay it back

According to our country’s policies, if you lend your credit card to someone else, you still need to bear the debt yourself. Therefore, if the other party does not repay the loan, the cardholder can only try to communicate with the other party to solve the problem. If the debt cannot be reconciled, legally it can only be borne by yourself.

According to the "Credit Card Business Management Measures" issued by the People's Bank of China in 1996, credit cards can only be used by legal cardholders themselves, and cardholders are not allowed to rent or lend credit cards and their accounts. Therefore, it is illegal to lend a credit card to others. If the cardholder insists on borrowing, all consequences arising from renting, transferring or lending the credit card shall be borne by the cardholder.

If the credit card is stolen by a friend, his behavior is suspected of credit card crime and you can call the police.

If a credit card is overdue, there will be a late payment fee of 5% of the minimum payment amount, and penalty interest on the full amount of the bill. Generally, banks calculate the daily interest rate at 0.5%, and calculate the principal and interest on a monthly basis. Full penalty interest will be imposed until you pay off the entire balance, and it will also affect your credit.

What should you do if your friend borrows a credit card and doesn’t pay it back

You must bear the risks arising from the loan. You can negotiate first. If it is not returned to you, you can report it as lost, so your friend will not be able to use it. You can ask your friend to pay back the money you owe on a credit card. If he refuses to pay it back, you can ask him to pay it back. It should be noted that there must be evidence to prove that the credit card was swiped by your friend. Article 140 of the "Payment and Settlement Measures" stipulates that credit cards can only be used by the legal cardholder himself, and the cardholder is not allowed to rent or lend the credit card or its account.

Legal Basis

Article 140 of the "Payment and Settlement Measures" Credit cards can only be used by the legal cardholder himself, and the cardholder is not allowed to rent or lend the credit card or its account.

What should I do if I lend my credit card to a friend and he has no money?

This is because you are not good at judging people, make careless friends, use your credit card to lend money to others, and others refuse to pay back, and you are unable to pay back, then you either have the ability to make the person you borrowed pay back. , either you have to borrow money and repay it yourself, otherwise once the credit card is overdue, you will be the one to repay it, and if you have a credit report, you will not be able to get a car loan or a house loan in the past five years.

Under normal circumstances, when a friend overdrafts a credit card, there is no need to solve the problem. The specific situation must be analyzed in detail.

1. The credit card was stolen by a friend:

In this case, it is recommended not to consider brotherly loyalty, because the person who can steal your credit card has no idea at all. You treat him as a true friend, but his behavior is already suspected of credit card crime. If he can repay the money, you can consider letting him go. If he doesn't repay, I suggest you call the police in time. Legal sanctions will be waiting for him.

2. The credit card is lent to a friend:

In this case, because your friend uses the credit card with your consent, of course, if the other party does not intentionally fail to repay, but If you are really unable to repay the loan, in this case you can pay off the credit card debt first, and then ask your friend to repay the money directly to you; and if your friend is able to repay the loan, but deliberately fails to repay, then you can request Repayment.

However, no matter what the situation is, the balance must be repaid in time before the final payment date, otherwise the bank will hold the cardholder accountable if the credit card fails to repay.

If your friend does not repay and you do not repay, then the overdue amount will affect the cardholder's credit. If the overdue time is more than 3 months and the bank has two effective collections, the amount owed will be If the amount exceeds 50,000, the cardholder may be fined by the bank or, in severe cases, be punished.

In order to avoid this situation from happening, cardholders should keep their credit cards safe. If a friend borrows a card and overdrafts, don’t agree easily. If possible, lend him money directly and agree on a repayment date. , if possible, ask him to make an IOU. If the friend doesn't repay, you can just do it directly. This way, you don't have to worry about affecting your credit.

What should I do if a friend borrows a credit card but refuses to pay back

Legal analysis: If a friend borrows a credit card and refuses to pay back, only the card owner must repay the money first and then pay the credit card to the credit card owner. Friends ask for it. It’s not cost-effective to have to pay overdue interest and late fees if you don’t pay it off. Directly file a civil lawsuit, requiring the other party to return the credit card and pay off the overdraft amount and interest.

Malicious overdraft refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and still refuses to return the card after being called upon by the card-issuing bank. If the amount is relatively large, the offender shall be sentenced to not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan.

Legal basis: Article 59 of the "Bank Card Business Management Measures" If a cardholder rents or lends his credit card and his account, the card-issuing bank shall order him to make corrections and impose a fine of not more than RMB 1,000. The fine (stipulated in advance by the card-issuing bank in the application form, receipt contract and other contractual documents). Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China: Whoever engages in credit card activities under one of the following circumstances and the amount is relatively large shall be sentenced to not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan. A fine; if the amount is huge or there are other serious circumstances, the penalty shall be not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the fine shall be not less than five years but not more than ten years, and also a fine of not less than 50,000 yuan but not more than 500,000 yuan; A fine of not less than RMB 50,000 but not more than RMB 500,000 or property confiscation may be imposed: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; (2) Using an expired credit card; (3) Using it fraudulently Others’ credit cards; (4) Malicious overdrafts. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank. Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

What should I do if I lend my credit card to a friend and use it but he has no money?

If the credit card holder gives the credit card to someone else and the other person does not repay the credit card after swiping the card, the cardholder shall bear the responsibility. , the bank will pursue the credit card debt from the cardholder.

Card holders who overdraft beyond the stipulated period and refuse to repay it after being called by the card-issuing bank. Card holders who use forged credit cards, etc., if the amount is relatively large, will be sentenced to not more than five years or criminal detention. , and shall be fined not less than 20,000 yuan but not more than 200,000 yuan.

If the amount is particularly huge or the circumstances are particularly serious, the offender shall be subject to a penalty of not less than ten years or a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation.

Article 69 of the "Measures for the Supervision and Administration of Credit Card Business of Commercial Banks" Credit card collection letters shall fully disclose the following basic information to the cardholder:

The cardholder’s name and outstanding balance , reasons for collection and relevant laws and regulations, relevant rights and obligations of cardholders, ways to check account status, repayment, raise objections and provide relevant evidence, contact information of the card-issuing bank, relevant business seals, and other content stipulated by regulatory agencies.

When a card-issuing bank receives a cardholder’s objection to credit card collection, it shall promptly make a note on the relevant credit card account and carry out verification and processing.

Article 70: Under special circumstances, if it is confirmed that the amount of credit card debt exceeds the cardholder's repayment ability and the cardholder is still willing to repay, the card-issuing bank may negotiate with the cardholder on an equal footing. Enter into a personalized installment agreement.

The maximum term of a personalized installment agreement shall not exceed 5 years.

The contents of the personalized installment repayment agreement should at least include:

(1) The balance, structure and currency of the debt;

(2) Repayment Cycle, method, currency, date and repayment amount of each period;

(3) Whether annual fees, interest and other fees will be charged during the repayment period;

(4) Holding The cardholder shall not apply for a credit card commitment from any bank before all amounts related to the personalized installment agreement have been settled;

(5) Rights, obligations and liability for breach of contract of both parties;

If both parties reach an agreement and sign an installment repayment agreement, the card-issuing bank and its card-issuing business service agency shall stop collecting payments from the cardholder, unless the cardholder fails to fulfill the installment repayment agreement.

If an oral repayment agreement is reached, the card-issuing bank must retain the recording materials.

The recording data will be retained at least until the date of settlement of the debt.

That’s it for the introduction of what to do if a friend borrows money from a credit card but doesn’t pay it back.