How to cancel the exercise of the offset right by CCB's credit card

The exercise of the offset right by CCB's credit card cannot be cancelled. When the user's credit card has been repaid, the bank will not use the "offset right". If it is not repaid, the solution is that the cardholder can repay the minimum repayment of the bank in time every month.

legal function of offset

first, realize creditor's rights. Creditors can realize their claims without litigation, judgment or enforcement. This is a private execution of one's own creditor's rights.

second, simplify the legal relationship. In the case of unrealistic delivery, the debtor can eliminate the debt only through unilateral expression of will, eliminating the time, expenses and other transaction costs of mutual performance. In a sense, all kinds of centralized settlement are also based on offset rules.

third, the function of guarantee. If one party only exercises its own creditor's rights and fails to perform its own debts, then the other party cannot ensure the realization of its own creditor's rights. Especially when one party is unable to perform the debt due to the deterioration of property status, the other party can ensure the corresponding realization of its creditor's rights by exercising the right of set-off. Therefore, in modern economic and social activities, guarantee is an important function of offset.

constitutive elements of agreed set-off

1. The parties owe each other debts.

Of course, the debt here should be legal and valid, which is the same as the debt requirement in legal offset.

2. The parties have the right to dispose of the creditor's rights.

agreed set-off is the disposal of creditor's rights, which requires the parties to have the right to dispose of the creditor's rights involved. Creditors shall lose the right to dispose of the creditor's rights that have been pledged, the creditor's rights that have been seized or frozen, and shall not agree on offset. After the creditor brings a suit of subrogation, the debtor also loses the right to dispose of his creditor's right to the opposite party, and the creditor's right shall not be used for offset. If it does not have the right to dispose of it, the agreed offset will not take effect.

3. Consensus.

in the agreed offset, it is required that there is an offset agreement or an offset contract between the parties. There are two situations of agreed offset: first, the parties agree on certain conditions for exercising the right of offset in the contract, and when the conditions are met, one party can exercise the right of offset (agreed right of offset). Second, the parties can offset their debts by agreement (agreement offset). In this case, the offset contract is an independent contract, not an integral part of the original contract. A set-off contract is a contract concluded by both parties for the purpose of eliminating mutual debts, which belongs to a promissory contract and an unnecessary contract; Moreover, because the offset contract is concluded for the purpose of exempting each other's debts, the offset contract belongs to a two-way contract and a paid contract; If one party's debt is invalid or invalid, the intention of the other party to exempt the debt will be invalid and the offset contract will be destroyed. The general rules of civil juristic acts and contracts are applicable to offset contracts.

what does it mean for the bank to exercise the right of set-off?

The credit card's right of offset means that if I have a deposit in a savings card of a bank, the bank has the right to use the deposit to repay the credit card's debt.

when a commercial bank issues a loan, it is often agreed with the borrower that it can directly deduct the money if it has the right of offset. The borrower does not have the ownership of the money wrongly remitted to the borrower's account by others, and the direct deduction by commercial banks is not justified and reasonable. Its exercise of the so-called right of set-off cannot constitute a hindrance to unjust enrichment, but it should still be returned directly to others.

Offset has the following functions:

First, realize creditor's rights. Creditors can realize their claims without litigation, judgment or enforcement. This is a private execution of one's own creditor's rights.

second, simplify the legal relationship. In the case of unrealistic delivery, the debtor can eliminate the debt only through unilateral expression of will, eliminating the time, expenses and other transaction costs of mutual performance. In a sense, all kinds of centralized settlement are also based on offset rules.

third, the function of guarantee. If one party only exercises its own creditor's rights and fails to perform its own debts, then the other party cannot ensure the realization of its own creditor's rights. Especially when one party is unable to perform the debt due to the deterioration of property status, the other party can ensure the corresponding realization of its creditor's rights by exercising the right of set-off. Therefore, in modern economic and social activities, guarantee is an important function of offset.

can the savings card still be used normally after the bank exercises the right of offset?

after the bank exercises the right of offset, the savings card cannot be used normally. The credit card's right to offset means that if I have a deposit in a savings card of a bank, the bank has the right to use the deposit to repay the credit card's arrears. The bank exercises the right of offset because the credit card fails to repay for a long time, and I have a deposit in the savings card of this bank, so the bank will have the right to use the deposit to repay the credit card debt; The solution is that the credit card can repay the minimum monthly repayment in time.

according to the credit card regulations of CCB, if the repayment is not made for a long time, the cardholder can directly deduct the money from any account opened in any branch of CCB, which is to exercise the right of set-off. For details, please refer to Article 34. If the cardholder fails to repay the loan as agreed, or violates laws and regulations, breaches the contract, or commits malicious acts such as fraud, and there are other risks, the Bank has the right to choose one or more of the following measures: collect the arrears from him by letter, SMS, email, telephone, door-to-door and announcement; Stop using the card; Stop all cardholders' use of Dragon Card; Require its guarantor to assume the guarantee responsibility; Dispose of its deposit or pledge; Deduct it directly from any account opened by the cardholder in any branch of the Bank, and have the right to ask the judicial organ to investigate the legal responsibility of the cardholder or take other corresponding recourse measures when necessary; Take other risk control measures. As for the transfer time, the bank has regulations, and it is not transferred at any time. There are 1-2 times of deduction frequency every month, depending on the account situation. If it is deducted, the words "Exercise the right of offset" will appear in the details of your savings card account and the details of your bank card account.

1. A savings card is a financial transaction card issued by a bank to provide financial services to depositors, and it belongs to a debit card. There are two types: magnetic stripe and chip. Its main function is to deposit and withdraw money at networked ATMs and bank counters, and to spend money at networked POS. The main function of the savings card is to save deposits. The cardholder can realize the functions of credit card consumption, ATM withdrawal, transfer and various payments through the electronic payment network established by the bank and the magnetic stripe reading and manual password input of the card. The expenses incurred through the card are equal to the reduction of the balance of the savings account. If the account balance is zero, the payment function of the card will also be reduced to zero. The application for a savings card is very simple, and it can be obtained immediately without the approval of the bank. Savings card charges mainly include annual fee, small account management fee, loss reporting fee, new card worker, cash withdrawal fee (including local inter-bank, off-site bank, off-site bank, overseas ATM, Hong Kong and Macao), transfer fee (including off-site bank, off-site bank, local inter-bank and wire transfer overseas) and online banking transfer fee (including off-site bank, off-site bank, local inter-bank and overseas remittance).

second, a DebitCard refers to a bank card issued by the issuing bank to the cardholder, which has no credit line and the cardholder deposits first and then uses it. Debit cards are divided into transfer cards, special cards and stored value cards according to different functions. Debit cards cannot be overdrawn. The transfer card has the functions of transfer, cash deposit and withdrawal and consumption. Special card is a debit card used in a specific area and for special purposes (other than department stores, restaurants and entertainment industries), which has the functions of transferring money and depositing and withdrawing cash. Stored value card is a prepaid wallet debit card in which the bank transfers funds to the card for storage according to the cardholder's requirements, and directly deducts money from the card during the transaction.

the credit card offset right is deducted manually

the credit card offset right is deducted manually.

if the cardholder owes money on the credit card, the issuer is the creditor and the customer is the debtor; The cardholder has a deposit with the issuing bank, the issuing bank is the debtor and the customer is the creditor. At the same time, as long as the deposit is current or has expired on a regular basis, then the customer with credit card arrears has a deposit, which forms a legal offset of "the parties bear each other's debts due", and the issuing bank directly deducts the deposit of the credit card debtor to exercise the right of offset.

1. The exercise of credit card offset right means that if I have a deposit in a savings card of a bank, the bank has the right to use the deposit to repay the credit card. The bank exercises the right of offset because the credit card fails to repay for a long time, and I have a deposit in the savings card of this bank, so the bank will have the right to use the deposit to repay the credit card debt; In the execution procedure, it should be put forward before the end of the execution procedure, which is the most basic requirement for exercising the right of set-off in the execution procedure. The right of set-off is a right of formation in nature, that is, it can be established according to the will of one party. But it is subordinate to the creditor's right, so the status and existence of the creditor's right determines whether the right of set-off exists and whether it can be exercised. The debtor of the debtor has obtained the creditor's rights against the debtor knowing that the debtor can't pay off the debts due or apply for bankruptcy; However, unless the debtor of the debtor obtains the creditor's rights because of the legal provisions or the reasons that occurred one year before the bankruptcy application

2. Article 99 of the Contract Law "If the parties owe debts due to each other, and the subject matter of the debts is of the same type and quality, either party may offset its debts against the debts of the other party, except that it is not allowed to offset according to the legal provisions or the nature of the contract. If a party claims set-off, it shall notify the other party. The notice takes effect when it reaches the other party. Offset shall not be conditional or time-limited. " Article 1 "If the parties owe debts to each other, and the types and qualities of the subject matter are different, they may also set them off upon mutual agreement." The above legal provisions are the definition of the right of set-off. Article 99 is legal set-off and Article 1 is consensual set-off.

China Bank deducted several times

once when exercising the right of set-off.

the bank credit card offset right will only be deducted once a day. Generally speaking, the bank will use the right of offset only when the credit card fails to repay on the repayment date. Simply put, the bank will not use the right of offset after the cardholder repays the bill on time on the repayment date or before the final repayment deadline of the credit card. There are two ways to repay the credit card, one is the cardholder's voluntary repayment, and the other is the automatic repayment at maturity. If the cardholder negotiates the repayment with the bank, the credit card will not be automatically deducted before the repayment date.

The bank uses this right mainly because the cardholder fails to repay the overdue debt for a long time, and then the bank can directly deduct the debt from the cardholder's savings in the bank. When claiming to exercise the right of set-off in the execution process, the cardholder can also request to stop, but it needs to be put forward before the end of the procedure, which is the most basic requirement for using the right of set-off in the execution procedure.

fixed time for ICBC's credit card offset right

ICBC has no fixed time for ICBC's credit card offset right according to the agreement of the authorized bank. Now many people have bank cards, and some people like to use ICBC's bank cards and ICBC's credit cards, but there may be some problems when using them, so many people are concerned about the fixed time of ICBC's credit card offset right.

1. The fixed time of ICBC's credit card offset right is uncertain.

the fixed time of ICBC's credit card offset right is not certain. However, it will deduct money from the account opened by the cardholder in the branch of ICBC, and the bank has the right to ask the judicial authorities for investigation when necessary, so that the cardholder can bear certain legal responsibilities and may take other recourse measures. When everyone waits for the bank to offset the right, it must be overdue, and it will take a long time. In this regard, when the ICBC account has money, it is best to pay it back quickly. When the bank takes judicial settlement, everyone will not only have to repay the money, but also may be fined, which will have a great impact on everyone's future development.

2. ICBC's credit card can be directly deducted when exercising the right of offset.

generally speaking, according to the regulations on the credit card, the applicant should repay the arrears within the specified repayment period, and agree that the ICBC card issuer can collect the money by itself or entrust other units through letters and judicial channels. However, if it is still unpaid after collection, ICBC card issuers can choose some measures to deduct the money, such as stopping the use of this card, exercising the pledge right, or deducting the money from the account set up by the credit card applicant in any branch of ICBC.

iii. implementation of ICBC's credit card offset right.

when the ICBC credit card holder fails to repay the loan, ICBC can exercise its rights, that is to say, the right of offset. Not only can you deduct money from other banks, but you can also apply for execution, so that the borrower can force repayment. This will have a great impact on everyone. Therefore, although there is no fixed date for ICBC's credit card to offset, repayment is necessary.

From the above analysis, we can see that the fixed time of ICBC's credit card offset right is not certain, and it is generally implemented according to the contract. In the process of implementation, banks also have many means, so repayment is necessary for ICBC credit card holders, otherwise it may have a great impact on themselves, and it will not be worth the candle.

that's enough for the introduction of credit card offset.