To tell you the truth, I can give you a rough test. Overdue customers, if there is no guarantee company involved, urge, that is, collection. If a guarantee company participates, it is usually three months overdue, and the guarantee company's deposit is settled, and then the guarantee company will collect it. The collection notice from the credit card department is usually two months later.
2. What is the dunning notice in loans overdue? How did you receive this?
The loan collection notice is issued to those who fail to pay back the loan within the time limit. 1. If the limitation of action has not expired, for example, the payment period is two years, and a notice of overdue dunning is issued, and the parties sign the notice, then the limitation of action will be interrupted, and two years will be recalculated from the date of signature confirmation. 2. If the limitation of action has passed, for example, the payment period is two years, and the overdue dunning notice is issued two years later, and the parties sign the notice for confirmation, it is generally not considered as the interruption of the limitation of action, but the new creditor-debtor relationship arises from the date of signing and confirmation, and the limitation of action is also two years from that date. Loan collection notice refers to the expression of the creditor's (bank's) intention to require the debtor (borrower's) to perform its obligations. In terms of statutory limitation of action, the notice of overdue loans is an important link in the recovery of overdue loans and plays a decisive role in revitalizing non-performing loans. In order to ensure that banks have greater rights to win the lawsuit of recovering overdue loans, they must bring a lawsuit to the people during the limitation period. Limitation of action refers to the system in which the obligee whose civil rights have been infringed fails to exercise his rights within the statutory limitation period, and when the limitation period expires, the people will no longer protect the obligee's rights according to law. If the creditor makes a request within the statutory limitation period, the people will force the debtor to perform its obligations. After the expiration of the statutory limitation period, if the obligee exercises the right of claim, the people will no longer protect it. Article 135 of China's General Principles of Civil Law stipulates: "The limitation period for claiming protection of civil rights from the people is two years, unless otherwise stipulated by law." Therefore, the general statute of limitations of civil litigation in China is two years, and of course there are special statutes of limitations. For the legal relationship of overdue loans, the common statute of limitations, that is, two years, is adopted. Interruption of limitation of action refers to the fact that in the process of limitation of action, due to certain legal reasons, the expired limitation period is invalid, and the limitation of action starts again after the reasons for interruption of limitation of action are eliminated. Article 140 of the General Principles of the Civil Law of our country stipulates: "The limitation of action is interrupted by bringing a lawsuit or one party requesting or agreeing to perform an obligation. From the time of interruption, the limitation period is recalculated. " Within two years from the date of overdue loan, the borrower expressed his willingness to repay the loan to the bank in a certain form, which constituted the interruption of the limitation of action. Therefore, every time the borrower signs the overdue loan collection notice, it will lead to the interruption of the two-year statute of limitations, so that the statute of limitations will be recalculated, so as to ensure that the bank loan will not lose its legal protection because of the long time in loans overdue, and avoid losing the right to ask the people to force the debtor to perform its obligations through legal procedures. In China's current financial system, the collection notice issued by banks to borrowers is mostly limited to the collection of loans, and the legal effect of the collection notice of overdue loans is often ignored, that is, it plays a legal role in interrupting the limitation of action in the continuation of overdue loans. In practical work, most loan officers are not aware of the role of payment reminders, but just go through a formality. In the way of distribution, it is often delivered in an unreasonable way, such as signing by others, leaving behind, delivering without witness, etc. If this kind of loan case goes to litigation, the borrower will lodge a defense with the people on the grounds that he has not received the overdue loan notice and the loan has expired. As the obligee, that is, the bank will not be protected by law because the loan exceeds the limitation of action, thus losing the right to win the case. In my opinion, when issuing the loans overdue Notice, banks should grasp the following aspects: 1. The overdue loan notice must meet the conditions prescribed by law, that is, it is reasonable and legal. First of all, filling should be strictly in accordance with the requirements stipulated by law; Secondly, in form, two copies should be used, one for the borrower and one for the bank. Finally, the validity should be confirmed by the borrower's signature, seal and fingerprint. 2. Correctly grasp the two-year statute of limitations. According to China's General Principles of Civil Law, the limitation of action for a loan contract is two years, counting from the date when the loan is overdue. Therefore, as a bank, it is necessary to grasp the statute of limitations, that is, at least once every two years to issue a notice of overdue loans to safeguard their rights. 3. The importance of signing overdue loan notice should be treated correctly. After the loan officer sends a collection notice, it cannot be formal, and the borrower and guarantor must sign it in person before the overdue collection notice can have legal effect. For those "nail households and shameless households" who refuse to sign, we should visit, guide and persuade them many times to achieve the purpose of signing the overdue notice. For borrowers and guarantors who work in other places all the year round, they can be served by announcement, mail, etc. , so as to complete the receipt of overdue loan notice. It is worth emphasizing that the loan officer can't give up issuing the overdue notice for the loan beyond the litigation period, but should do everything possible to let the borrower and guarantor sign for it and recover the capital loss. 4. Ensure that the collection notice is well preserved. A collection notice issued by the loan officer shall be filed by the bank and kept in a counter box. Its importance should be equal to the loan receipt, providing strong evidence for loans overdue in the future. "Litigation is evidence". With the collection notice, the chances of winning overdue loan cases are in your hands. In short, as long as we can correctly grasp the legal function of the overdue loan notice, we can not only urge the borrower to return the loan as soon as possible, but also provide a legal basis for the overdue loan to enter the proceedings in the future.
3. Under what circumstances will I receive a bank reminder?
Reminders are usually sent when a phone call is unsuccessful.
It is intended to create a tense atmosphere and urge borrowers to repay immediately, which is a means for banks to revitalize non-performing loans. In addition, when the applicant is really unable to repay the loan and the bank sues, it can be used as strong evidence. The collection notice is issued for overdue people, so there is no doubt that when you receive this notice, it means that your personal credit has been damaged by overdue repayment. However, if the borrower's breach of contract is not intentional and is caused by economic difficulties, the bank will generally not sue you. After receiving the reminder, it is your first task to repay it immediately.
4. Under what circumstances will a bank dunning notice be issued?
Under what circumstances will the bank issue a dunning notice? A dunning notice is generally issued when the telephone dunning is unsuccessful. Urging borrowers to repay immediately is a means for banks to revitalize non-performing loans. In addition, when the applicant is really unable to repay the loan and the bank sues, it can be used as strong evidence.
The collection notice is issued for overdue people, so there is no doubt that when you receive this notice, it means that your personal credit has been damaged by overdue repayment. However, if the borrower's breach of contract is not intentional and is caused by economic difficulties, the bank will generally not sue you. After receiving the reminder, it is your first task to repay it immediately.
legal ground
In People's Republic of China (PRC) Commercial Bank Law, the borrower should repay the loan principal and interest on schedule. If the borrower fails to repay the secured loan at maturity, the commercial bank has the right to require the guarantor to repay the principal and interest of the loan or give priority to the repayment of the collateral.
1. How to cancel the account when the credit card is overdue?