Recently, Xiaocai netizen Xiao Ma complained that due to some reasons, his credit card debt of 69 yuan was not paid off, and it was 10 days overdue. Unexpectedly, more than 300 yuan in interest was incurred. Xiao Ma felt very Don't understand.

Xiaocai learned that the bank charges overdue interest on credit cards by calculating the total amount of the monthly bill, not the amount of the unpaid portion. This is called "full interest calculation", so is full interest calculation an overlord clause?

Is full interest calculation a "overlord clause"?

Legal experts expressed different opinions on whether full interest calculation is an overlord clause.

“When the card is opened, the holder loses the right to negotiate the full interest-bearing standard terms. The information is asymmetric and unequal between the holder and the bank. From the consumer From a protection point of view, the full interest calculation method is unfair.”

“The full interest calculation method is unreasonable and is an unfair overlord clause between the bank and the holder. Lending contract relationship. Both parties should abide by the spirit of the contract and exercise autonomy of will. However, the bank is in a strong position and the bank and the holder cannot be regarded as equals. The holder is a financial consumer and is in a weak position. Status."

There is also a view that "the consumer will be held responsible to the extent that the contract is breached, and excessive unfair liability for breach of contract cannot be attached. This is the basic prerequisite for performance of the contract."

Some legal experts believe that full interest accrual is the responsibility of consumers after a breach of contract. Under the premise of a favorable setting with an interest-free period, from the perspective of consistent rights and responsibilities, it cannot be called an overbearing clause.

"Legally speaking, full interest calculation is a transaction arrangement. Borrowing money should be calculated with interest, but the bank has given an interest-free period to encourage spending, and this is also used to encourage spending How to repay overdue payments? According to regulations, 50% is protected by law and is not illegal. According to the transaction model, there is no problem. ”