1, after three to six months overdue, directly communicate with the bank credit card center to negotiate the repayment plan;
2. It was in the credit card center that the prosecution was decided. After the court files a case, it will organize pre-trial consultations;
3, the court hearing, but also have the opportunity to negotiate in court. In these two stages, the court will organize the bank to negotiate with the cardholder, and the court will promote some reconciliation.
The judgment of the first instance has come out, and if it is executed. The judgment of the general court is a one-time repayment, which is the standard judgment within ten days after the judgment takes effect. Now we want to apply for installment repayment, but it is impossible to change it after the court's decision. If you go to the bank now, the bank will force the cardholder to perform according to the court's decision. In the second instance appeal, basically, the cardholder has no chance of winning, because things like bank credit cards are difficult to win. There is nothing wrong with the bank. The card is for our own use. We also admit that it is overdrawn, and it is also a fact that there is no repayment.
legal ground
Measures for the supervision and administration of credit card business of commercial banks
Article 17 A commercial bank applying for credit card business shall meet the following basic conditions:
(1) The company has good corporate governance, its main prudential supervision indicators meet the relevant regulations of the China Banking Regulatory Commission, its organizational structure and rules and regulations are suitable for business development, and its internal control, risk management and accountability mechanisms are sound and effective;
(2) It has a good reputation, has a sound and effective internal control mechanism and case prevention and control system, and has no major violations of laws and regulations or major malignant cases in the last three years;
(3) Having qualified directors, senior managers and qualified employees. Senior management personnel should at least have 1 personnel with professional knowledge and management experience in credit card business, technical personnel and management personnel necessary to carry out credit card business, and fully implement hierarchical authorization management;
(4) Having business premises, relevant facilities and necessary information technology resources suitable for business operation;
(five) to establish business systems in China that meet the requirements of laws, regulations and business management, and have the technical ability to ensure the information security and operation quality of related business systems;
(6) To start foreign currency credit card business, it shall have the foreign exchange settlement and sale business qualification approved by the foreign exchange administration department of the State Council and the foreign exchange business qualification (or foreign exchange business scope) approved by the China Banking Regulatory Commission;
(7) Other prudential conditions stipulated by the China Banking Regulatory Commission.
Measures for the supervision and administration of credit card business of commercial banks
Article 18 To issue a credit card, a commercial bank shall meet the following conditions in addition to those specified in Article 17:
(a) the registered capital is paid-in capital, and not less than 500 million yuan or the equivalent in a freely convertible currency;
(2) It has a good retail business foundation, the scale and structure of personal deposit and loan business are stable in the last three years, the customer scale and structure of personal deposit and loan business are good, the bank card business is running well, and the identity document verification system and credit information system are well connected and used;
(3) It has a professional system for handling credit card business, and has established professional operation infrastructures such as card issuing business mainframe, credit card business application management system, credit evaluation management system, credit card account management system, credit card transaction authorization system, credit card transaction monitoring and counterfeit transaction early warning system, credit card customer service center system, and collection business management system in China. The relevant facilities can ensure the integrity and security of customer data and business data through necessary security checks and business tests;
(4) It conforms to the overall business strategy and development plan of the commercial bank, is conducive to improving the overall business competitiveness, and can continuously carry out business cost measurement, business scale monitoring and basic break-even calculation according to the actual situation of business development.