Encounter malicious collection should be carried out in the following ways:

1 is a sincere attitude and positive repayment. In the face of overdue collection, those who have the ability to repay should repay in time, whether morally or legally.

2. It is negotiated repayment. In the face of debt collection, if it is temporarily unable to repay due to financial difficulties or there is a big dispute over the repayment amount, it can be resolved through consultation;

3. It is legal self-protection. According to the law, no matter in the name of handling fee, deposit or interest, the annual interest shall not exceed 36% of the principal. If you don't know in advance or the other party is derailed, you can refuse to pay the excess.

legal ground

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

Article 66 A card-issuing bank shall establish a credit card collection management system, standardize credit card collection strategies, authorities, processes and methods, and effectively control business risks. The issuing bank shall not adopt a single assessment method based on the amount of arrears recovered for the collection personnel. Article 68 The issuing bank shall collect money from the debtor himself and his guarantor, and shall not collect money from a third party unrelated to the debt, and shall not use improper means such as violence, coercion, intimidation or abuse to collect money. The collection process shall be recorded, and the recorded materials shall be kept for at least 2 years for future reference. Article 69 A credit card collection letter shall fully disclose the following basic information to the cardholder: the cardholder's name and balance in arrears, the reasons for collection and relevant laws and regulations, the cardholder's relevant rights and obligations, the status of account inquiry, repayment, the way to raise objections and provide relevant evidence, the contact information of the issuing bank, the official seal of relevant business and other contents stipulated by the regulatory authorities;

After receiving the cardholder's objection to the credit card collection, the issuing bank shall promptly put forward opinions on the relevant credit card accounts and verify them. Article 70 Under special circumstances, if it is confirmed that the amount owed by a credit card exceeds the cardholder's repayment ability and the cardholder is still willing to repay, the issuing bank may 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;

The contents of personalized installment repayment agreement shall at least include:

(a) the balance, structure and currency of the arrears;

(2) the repayment period, method, currency, date and repayment amount of each installment;

(three) whether to charge annual fees, interest and other fees during the repayment period;

(4) The cardholder shall not apply for a credit card from any bank before all the funds related to the personalized installment repayment agreement are settled;

(five) the rights and obligations of both parties and the liability for breach of contract;

(6) Other matters related to repayment.

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.