Reporter Li Na Intern reporter Zhang Mengyi reports

Seven years after paying off the credit card debt of China Merchants Bank, a man accidentally found that he had a bad credit record, and his account showed that he still owed China Merchants Bank 1,251 yuan. Where did the extra credit card debt come from?

The credit card still shows arrears after 7 years of repayment

The dispute between Bai and China Merchants Bank Credit Card Center began 14 years ago.

In May 25, Bai applied for three credit cards from China Merchants Bank, and then he applied for a credit card from Bank of Communications Shanghai Branch in December 26, two credit cards from Guangdong Development Bank Shanghai Branch in March and April 27, a credit card from China Minsheng Bank Shanghai Branch in May 27, and a credit card from Shenzhen Development Bank in June 27, and used his credit card to overdraw consumption.

After the credit card expired, Bai was repeatedly urged by banks including China Merchants Bank and still refused to repay. On March 15, 212, the Hongkou District People's Court of Shanghai held that Bai used a credit card to maliciously overdraw for the purpose of illegal possession, and the amount was large, which constituted the crime of credit card fraud. In view of the fact that the defendant Bai has returned all the stolen money to the injured unit after arriving at the case, and paid RMB 2, in advance as a fine during the trial in our court, he showed remorse and could be given a lighter punishment and probation as appropriate.

At this point, the lawsuit between Bai and the bank should have come to an end. No, on June 6, 219, when Bai inquired about the personal credit report from the Credit Information Center of the People's Bank of China, he found that he still had a bad credit record, and the personal credit report showed that Bai still owed China Merchants Bank a credit card of 1,251 yuan. As of May 5, 219, the account status was bad debt.

As for the debt of more than 1, yuan in the account, the credit card of China Merchants Bank explained that Bai's repayment is indeed consistent with the principal owed, but because the bank's bookkeeping method is to offset the interest and expenses first and then the principal every month, the amount repaid by the plaintiff has not been used to offset all the principal, so the defendant is still owed 1,251 yuan, not all the interest and expenses, of which the principal is 5,612.9 yuan.

However, Bai believes that he has returned the principal in full, the amount of the principal has been confirmed by the employees of China Merchants Bank, and he has accepted the criminal punishment. China Merchants Bank should not report any bad credit information to the People's Bank of China. After failing to communicate with China Merchants Bank, on September 2, 219, Bai took him to court and asked China Merchants Bank to revoke its bad credit record.

The Shanghai Pudong New Area People's Court held a public hearing on October 11, 219. The court held that the plaintiff had accepted criminal punishment after using the defendant's credit card to overdraw, and the effective criminal judgment had confirmed that the plaintiff had returned all the stolen money to the injured units including the defendant. The defendant's bad credit record reported to the plaintiff in the credit center of China People's Bank lacked factual basis and should be revoked.

China Merchants Bank failed in the second instance without taking the initiative to exercise its creditor's rights

China Merchants Bank Credit Card Center refused to accept the civil judgment of Shanghai Pudong New Area People's Court, and two months later, it appealed to the court again.

Specifically, the appeal grounds of China Merchants Bank Credit Card Center include: in the first trial, criminal judgment found that "the defendant Bai had returned all the stolen money to the injured unit", but the "stolen money" only included the "pure principal" generated by Bai's use of the bank credit card he held, and did not include the expenses such as cyclic interest and late fees that Bai should pay according to the credit card collection contract.

China Merchants Bank believes that the determination of "stolen money" can only be applied to the sentencing judgment of criminal cases, and the procuratorate cannot make a judgment on the civil dispute over credit card accounts between the appellant and the appellee, nor can the criminal judgment be regarded as a determination of the civil dispute over accounts between the appellant and the appellee.

In addition, China Merchants Bank said that Bai's behavior and amount were found to meet the constitutive requirements of the crime of credit card fraud in the first instance, and he could be punished according to law. China Merchants Bank still has the right to recover overdue interest and late payment fees other than the credit card principal from Bai according to the credit card contract signed with him. Just because the appellee has accepted the criminal punishment, it can not offset his civil liability according to the agreement.

Accordingly, China Merchants Bank made a request to the court to cancel the first-instance judgment and reject Bai's previous lawsuit.

On the other hand, Bai argued that the facts were clear and the applicable law was correct in the first instance, and requested the court to reject the above and uphold the original judgment.

On February 21st, 22, Shanghai Pudong New Area People's Court held an online court session. The court believes that after Bai returned 22,615.65 yuan for criminal offences on November 5, 211, if China Merchants Bank Credit Card Center thinks that Bai still owes 1,25.64 yuan to him, he can claim his rights through civil proceedings or other means. At present, China Merchants Bank Credit Card Center has not actively claimed rights from Bai, and there is no evidence to prove that he has collected credit card arrears from Bai Chun by telephone, mail, letter and other means.

Based on the comprehensive situation of this case, the lawsuit in this case was filed because Bai refused to accept the bad credit record, and it was not a lawsuit for China Merchants Bank Credit Card Center to claim the creditor's rights. China Merchants Bank Credit Card Center was slow to exercise its rights on its own creditor's rights, and China Merchants Bank Credit Card Center failed to provide corresponding evidence to prove that Bai Chun had clearly claimed the corresponding creditor's rights. Bai's above argument has certain rationality. Therefore, the court believes that under this circumstance, the basis for the appeal of China Merchants Bank Credit Card Center to demand Bai to return his arrears is not sufficient.

In summary, the appeal request and reasons of China Merchants Bank Credit Card Center cannot be established and should be rejected; The judgment of first instance found that the facts were clear and the applicable law was correct and should be upheld.

Last year, the scale of credit card non-performing loans of China Merchants Bank increased by more than 4%

In recent years, the problem of credit card overdraft has become increasingly prominent. According to the data released by the central bank, by the end of the first quarter of 22, the total amount of credit cards overdue for more than half a year had exceeded 91.8 billion yuan, an increase of nearly 2 billion yuan or 23.7% compared with the end of last year; It accounted for 1.27% of the credit balance of credit cards, an increase of .29 percentage points over the end of last year.

Affected by the rising credit card risk, the asset quality of major commercial banks is also under downward pressure. China Merchants Bank said in its 219 annual report that, overall, the newly generated non-performing loans in 219 were 44.215 billion yuan, an increase of 8.937 billion yuan; The generation rate of non-performing loans was 1.13%, up .12 percentage points year-on-year. From the perspective of business categories, the amount and rate of bad credit card generation have increased.

Data show that in 219, China Merchants Bank's credit card non-performing loans reached 9.33 billion yuan, up 2.641 billion yuan from last year, up 41.32% year-on-year, and the credit card non-performing rate was 1.35%, up .24 percentage points year-on-year; The NPL ratio of personal consumption loans was 1.18%, a year-on-year increase of .5 percentage points.

At the end of the first quarter of 22, China Merchants Bank's credit card non-performing loans and non-performing loan ratio continued to grow. By the end of the first quarter, the bank's credit card non-performing loans reached 11.821 billion yuan, an increase of 2.788 billion yuan or 3.88% over the end of last year. The non-performing loan ratio of credit cards rose to 1.89%, an increase of .54 percentage points over the end of last year; The NPL ratio of personal consumption loans was 1.35%, an increase of 1.77 percentage points over the end of last year.

China Merchants Bank believes that in the short term, the industry is still in the risk release period, and the quality of China Merchants Bank's consumer credit assets will still be under pressure due to the impact of the COVID-19 epidemic. However, in the long run, China Merchants Bank has a high-quality customer base, and the intersection with the debt risk customers is mainly concentrated in a small number of secondary customers with limited scale, and the asset quality will remain relatively stable.

The Consumer Protection Bureau of China Banking and Insurance Regulatory Commission, China recently issued a document to remind consumers to use credit cards reasonably. China Banking and Insurance Regulatory Commission said, "If credit cards are in arrears or are in arrears with annual fees, interest costs will be incurred, which may also affect personal credit information. When applying for and using a credit card, consumers should fully understand the credit card-related information, such as credit card interest settlement rules, billing date, annual fee/penalty payment method, etc. Credit card installment repayment and minimum repayment can temporarily relieve the pressure, but they will also generate corresponding expenses and interests. Consumers should reasonably choose credit card installment repayment or minimum repayment to avoid overdue credit cards. "

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