First of all, everyone needs to understand that overdue fees are divided into two aspects: liquidated damages + penalty interest (liquidated damages are calculated based on the bill cycle, and penalty interest is calculated on a daily basis, and will be charged together with the repayment.)
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For example: the total overdue principal is ***18,000 yuan, and the minimum repayment amount is 1,800 yuan.
1. Calculate liquidated damages:
Liquidated damages = Unpaid portion of the minimum repayment amount of the bill × 5% × 18 ≈ 1800 × 5% × 18 ≈ 1620 yuan
(Minimum repayment amount = cash advance transaction principal (cash withdrawal) and interest + service and miscellaneous fees + 10% of the remaining balance of the bill (or other proportion) + the outstanding minimum repayment amount of the previous period)
< p>2. Calculation of penalty interest:Unpaid penalty interest amount = 16,000 × 540 days (18 months are calculated as 540 days) × 0.05% = 4,320 yuan
Legal basis: < /p>
1. Implement upper and lower limit management on credit card overdraft interest rates. The upper limit of overdraft interest rates is 0.5% of the daily interest rate, and the lower limit of overdraft interest rates is 0.7 times the daily interest rate of 0.5%.
2. Cancel credit card late payment fees. For cardholders who default on overdue payments, the card issuer and the cardholder should agree through an agreement on whether to charge penalty fees, as well as the relevant collection methods and standards. Card issuers shall not charge over-limit fees if they provide cardholders with card services that exceed the credit limit.
Card issuers shall not charge interest on the liquidated damages, annual fees, cash withdrawal fees, currency exchange fees and other service fees collected from cardholders.
3. Overdrafts on credit cards (credit cards) will be charged compound interest on a monthly basis, and overdrafts on quasi-credit cards will be charged simple interest on a monthly basis. The overdraft interest rate is 0.05% of the daily interest rate, and is based on the People's Bank of China's regulations. This interest rate adjustment is adjusted.
4. Liquidated damages: The liquidated damages of major banks are basically charged according to "5% of the unpaid portion of the cardholder's minimum repayment amount in each period"; at the same time, for different types of credit cards, Different types of cardholders generally have a "minimum starting price."
1. If there is an agreement, the agreement shall prevail, but it shall not exceed 30% of the actual loss caused by the breach of contract.
2. If there is no agreement, the calculation shall be based on the actual losses caused by the breach of contract.
Article 577 of the Civil Code: If a party fails to perform its contractual obligations or performs its contractual obligations inconsistently with the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.